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Fine for riding a scooter without a helmet

Justified need for a fine for driving without a helmet

When riding a motorcycle, both the driver and passengers must follow safety rules. Fastening a helmet is the responsibility of each driver, which is indicated in the traffic rules. The same requirement applies to drivers and passengers of passenger vehicles.

But there is a huge difference between the responsibilities for motorcycle and car drivers.

According to the latest changes in the rules, driving a motorcycle and scooter is only allowed with a fastened protective helmet.

Is it permissible to travel without protection on a motorcycle, moped and scooter?

In the section of the traffic rules, which describes the general duties of drivers, driving only in a fastened motorcycle helmet . Passengers should also have the same protective equipment when transporting them on the back seat of a motorcycle. Responsibility for this rests with the driver.

There is a common myth that you can ride a scooter (moped) without a helmet. However, the rules say that it should not only be on the head, but also be tightened. This vehicle's technical characteristics are equivalent to mechanical ones. Clause 2.1 of Section 2 of the Traffic Regulations establishes the procedure for driving on motor roads in mechanical vehicles. In particular, all persons riding on the vehicle while driving are required to wear a helmet and be sure to fasten it. In clause 24.8 of section 24 of the traffic rules, it is forbidden for a moped driver to ride on the roads without fastening his helmet.

A motorcycle driver who disregards safety rules puts both himself and his passengers at risk. A car has a seat belt and a body for protection, but a motorcyclist does not have this. If the average speed on city roads is 40-50 km/h, the chances of staying alive in a collision with another vehicle or in an accident for any other reason are slim. But injuries are guaranteed - and this is the easiest outcome.

If an accident involving a motorcycle whose driver is not wearing a helmet is not his fault, the other participants will not be held liable. Art. 264 of the Criminal Code is used if it is necessary to punish the culprit of the accident for causing damage. But in cases where the driver was not wearing a helmet, it is believed that if he violates safety rules for another participant, liability should not arise.

In the event of an accident in which a passenger is injured, it is the one who is driving who will bear responsibility for the damage caused. An accident will not necessarily occur, but it is worth keeping in mind that small stones, which sometimes fly out from under the wheels of a nearby vehicle, can cause no less harm.

What is the punishment?

To find out how much the driver of a scooter or motorcycle will have to pay in case of violation of safety rules while driving, you can refer to the Administrative Code. There are articles prohibiting travel without ensuring safety for persons on the vehicle.

Riding without a helmet

Riding a motorcycle with an unprotected head is equivalent to incorrect use of seat belts in motor vehicles. In both cases, neglect of protective equipment can pose a threat to the life and health of road users. If a driver driving a vehicle on two wheels does not bother to wear a helmet, this is a gross violation of the rules. Article 12.6 of the Code of Administrative Offenses provides for a penalty of 1,000 rubles for violation.

Article 12.6 of the Code of Administrative Offenses of the Russian Federation. Violation of the rules for using seat belts or motorcycle helmets

Driving a vehicle by a driver who is not wearing a seat belt, transporting passengers not wearing seat belts if the design of the vehicle provides for seat belts, as well as driving a motorcycle or moped or transporting passengers on a motorcycle without motorcycle helmets or wearing unfastened motorcycle helmets - shall entail the imposition of an administrative fine in the amount one thousand rubles.

Penalties for not fastening the harness

When riding motorcycles and other mechanical vehicles, you must wear and fasten a helmet. If the harness is not fastened, the helmet is equivalent to its complete absence. Violation is punishable under Article 12.6 of the Administrative Code, the fine will be 1000 rubles.

Possible sanctions for transporting a passenger without protection

If he violates safety rules, he will not be able to avoid a fine. According to Article 12.6 of the Administrative Code, when transporting a passenger who is not wearing a helmet, the driver of the vehicle is charged with a fine of 1,000 rubles.

Traffic rules for motorcycles

Clause 2.1 of Section 2 of the Traffic Regulations spells out the responsibilities of motorcycle drivers regarding safety. In particular, motorcycle drivers are required to have a fastened helmet on their head , and when transporting passengers, make sure that they also put it on and do not forget to fasten it.

The concept of a motorcycle in the Rules applies to a two-wheeled motor vehicle that has a side trailer (or without a trailer). The engine volume of the vehicle must be above 50 cubic centimeters, the maximum speed of the structure must be more than 50 km/h. With such technical features, a mechanical vehicle is considered a motorcycle.

Scooters, according to the provisions contained in the traffic rules, are considered mopeds, which are also equivalent to mechanical vehicles. Clause 24.8 of Section 24 of the Traffic Regulations stipulates that drivers must always wear a helmet when traveling. They are prohibited from driving on the roads without helmets.

Controversial situations of this violation

Some motorcycle drivers unreasonably hope that traffic police officers will not pursue them when driving nearby without a helmet. But this is not so - the inspector will definitely follow if he notices a motorcyclist violating safety rules.

The generally accepted view that the law prohibits harassment of motorcycle drivers has been influenced by the fact that traffic police officers do not always respond promptly to the situation. Their experience suggests that the driver will certainly try to get away from his pursuers and provoke an accident or get into one himself. Therefore, most often there is no immediate pursuit. Information about the violator can be transferred to the traffic police without his knowledge.

If you receive a fine for non-compliance with safety rules, you can reduce its size. To do this, you must make a payment for a period not exceeding 20 days. The fine will be reduced by half.

How can the traffic police prove your guilt?

Traffic police officers have the right to issue fines to drivers of motorcycles, scooters, and mopeds in cases where they notice a driver without a helmet or a passenger forgets about him.

If a motorcycle helmet is on your head, but the harness is not fastened, this will also serve as a reason for fines . The inspector will draw up a violation report and give the driver a receipt.

Photos or videos taken at the scene of the incident are used to prove the guilt of the offender.

The materials obtained in this way must be clear, made directly at the scene of the incident, with clearly visible vehicle identification marks. In some cases, the testimony of witnesses is taken and certified with a signature.

Conclusion

According to statistics, a considerable number of accidents of varying severity occur with the participation of motor vehicles. Drivers often suffer serious injuries in accidents - their vehicles are very mobile and light, but the driver is not protected. Before your trip, you need to take care of your safety - putting on and fastening a helmet on time will help preserve your health, and sometimes even your life.

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Amount of fine for riding a scooter without a helmet: how much and when?

A scooter is the optimal type of vehicle for many people. Thanks to its small dimensions, it does not require much storage space and is very easy to operate. However, due to such great popularity, it should be noted that many drivers of these mopeds do not thoroughly know their rights and responsibilities while driving on the roadway. That is why you should always think about both your safety on the road and that of other road users. For example, for scooter drivers, an excellent means of protection is a helmet, the choice of which should be approached responsibly, because riding without a helmet increases injuries tenfold in the event of an accident.

Do drivers really need a helmet?

Typically, drivers do not plan to wear a helmet when driving. Often, this may even be due to the fact that a person does not have the necessary funds to purchase all the necessary equipment. But its absence immediately calls into question the safety of the scooter rider, because in the event of a possible accident, it is its absence that becomes the cause of death.

Moreover, according to the Traffic Regulations and the Administrative Code, a person may even receive a fine for driving without a helmet. This is stated in two articles that provide for a fine:

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1. According to Article 24.9 of the Traffic Regulations, driving a power-driven vehicle (which includes scooters) without the necessary protective elements (helmet) is prohibited.

2. In addition, according to Article 12.6 of the Code of the Russian Federation on Administrative Violations, it is regulated to punish road users who travel without any seat belts on vehicles or protective helmets on motor vehicles.

What is the possible fine for driving without a protective motorcycle helmet?

To begin with, it should be noted that only through fines can motor vehicle owners be somehow forced to use protective helmets. It is better to pay once at the time of purchase than to pay a fine several times later and risk your life, but still, later, buy it for yourself and forget about various problems with the law.

As an amendment to the Code of the Russian Federation on Administrative Violations, the State Duma adopted an amendment to the law that for violating these provisions, the driver should be fined 1000 (one thousand) rubles . This was installed on June 19, 2015. Previously, this amount was half as much, that is, 500 rubles.

A scooter rider may receive a fine for riding a scooter without a protective helmet under the following conditions:

  • he rides a motor scooter without a protective helmet;
  • he moves in a protective helmet, however, without a special harness fastened, which guarantees protection.

You can often hear a legend from scooter riders that traffic police officers have no right to stop moped drivers at the legislative level. Even if he asked to stop, the scooter driver may not do this, since the traffic police officers also cannot go in pursuit of him.

It is worth recognizing that this is a fairly common, but erroneous opinion. In addition, this opinion can in most cases be heard among those who ignore driving according to the rules using a protective motorcycle helmet.

Despite the fines, riding without a helmet is still a common violation.

Protective helmet device

There is a wide variety of safety helmets for all categories of the population, from the cheapest to the very expensive, which may differ in a greater degree of protection or simply in individual design. But, first of all, in addition to the aesthetic function, it has a main task - to protect human life in various situations. This should be the determining factor if the question arises of which scooter helmet to choose. For example, it can be ordinary dust during strong winds, which gets into the eyes and interferes with normal movement, or midges, which tend to get into the eyes and cause inconvenience to drivers. When using a helmet, these situations resolve themselves.

In addition, it is the helmet that protects a person from serious injury or even death in cases of road traffic accidents. This all happens thanks to an excellent design that guarantees safety as much as possible. It includes the following elements:

  • top layer or protective layer (shell);
  • an absorbing layer that bears the entire impact in the case of falls;
  • inner layer (upholstery);
  • a face shield or “visor” to protect the eyes from dust, insects and other debris;
  • absorbent element to protect the chin;
  • fastening system (needed to ensure that the head is secured and the risk of injury is reduced).

Thanks to this, it can soften the impact of a fall and prevent head injury. You also need to pay attention to the size, since the helmet must fit tightly on your head, take off and put on without pain. Also, you need to choose those that do not have any protruding elements. In this case, head protection is guaranteed and a person can move on absolutely any roads, but in compliance with the traffic rules for a scooter.

Does a passenger need a protective helmet?

Often, two people can travel on this vehicle at once, that is, a driver and a passenger. Therefore, both persons must wear a safety helmet on the scooter. However, in most cases, both road users do not adhere to these rules and responsibilities.

Consequently, it can lead to catastrophic consequences such as injury. In addition, in the event of an accident, it is the driver of the scooter who will be responsible for the fact that the passenger is injured. This is stated in Article 1079 of the Civil Code of the Russian Federation. Even if the second participant in the accident turns out to be at fault, the driver of the motor scooter is still found guilty of injuring the passenger.

In the simplest outcome of the situation, the moped owner can only receive a fine, even if he himself is wearing a protective helmet. The safety of both road users on the same scooter depends only on it. But, do not forget that an administrative fine can easily develop into criminal liability if the rules are repeatedly violated.

Nobody prohibits scooter riders from carrying passengers. Moreover, since 2014 this has been established at the legislative level. If the design of a motor scooter allows a person to be transported, this should be done with a fastened motorcycle helmet. That is why you need to choose a scooter model where you can always store a spare helmet for your passengers.

Road traffic accidents

An accident involving a motorist and a scooter rider is considered the most common type of accident. That is why it is necessary to analyze several options for the development of situations and find out who will be to blame for the incident.

Let's consider an average situation when a moped driver moves at a speed of about 50-60 km/h and a collision occurs with a car. As a rule, scooter riders do not survive such accidents after suffering numerous injuries. But the driver of the car should not be found guilty of the death of a person. It is the scooter driver who, due to the fact that he neglected safety rules and did not use a protective helmet, should be guilty. The helmet would be the last thing that could save life, and instead of numerous injuries, there would be abrasions or minor fractures.

On the other hand, if he had an accident, but he was wearing a protective helmet, you need to look at the situation from the other side and look at who exactly violated the traffic rules.

Despite the fine for riding a scooter without a helmet, moped drivers need to be careful in any situation on the road, whether they have a helmet or not. Any traffic accident could potentially be your last if this is not followed. And then the money saved on buying a helmet can turn into a tragedy. It is better to choose the purchase of the necessary accessory than treatment after an accident.

How the traffic police checks scooter riders (video)

Video from TAS TV channel about how scooter drivers were checked on city roads:

Do you need a helmet on a scooter?

Good afternoon, dear reader.

This article will discuss whether drivers and passengers of scooters and mopeds need a special helmet.

In accordance with the 2019 and 2020 traffic regulations, a scooter (moped) is a two- or three-wheeled mechanical vehicle that has a small-volume gasoline engine (up to 50 cubic centimeters) or a low-power electric motor (from 0.25 to 4 kW), as well as a small maximum speed (up to 50 km/h).

Note. Some drivers also classify as scooters equipment with an engine capacity from 50 to 125 cm 3 (category A1). From the point of view of traffic regulations, these vehicles are motorcycles; they are not discussed in this article.

Until November 5, 2013, a driver's license was not required to operate a scooter. However, in 2020, moped drivers, along with drivers of other vehicles, must have a driver's license.

Why don't moped drivers wear helmets?

In practice, you can find scooter drivers who refuse to wear a helmet. Sometimes this is due to the lack of financial ability to purchase expensive equipment. However, in most cases, the reason for not wearing a helmet is a negligent attitude towards one’s own safety, ignorance of the rules of the road, and a lack of understanding of the possible consequences of a traffic accident.

Consider an interesting incident that happened to me several years ago. While traveling around the city, I met an old friend of mine who is the proud owner of a scooter. Let's call him Evgeniy. Evgeniy was just making a trip on a two-wheeled vehicle.

Evgeniy drives on the roads without a helmet, so during the conversation I decided to find out why he is so negligent about his own safety.

My interlocutor's answer had a rather unexpected content. Evgeniy believes that not a single traffic police officer will be able to impose a fine on him, because... a new regulatory document (either a decree or a law) has been released that prohibits traffic police officers from pursuing drivers on two-wheeled vehicles.

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In addition, Zhenya said that previously there was another law that prohibited prosecution only of drivers without helmets. So you could always ride without a helmet with impunity and not be afraid of being chased. But Evgeniy was not going to stop voluntarily to check his documents.

Intrigued by this state of affairs, I decided to clarify with Evgeniy what kind of document regulates such “two-wheeled” chases. However, I did not receive any intelligible answer.

Meanwhile, this question interested me greatly, and I decided to find out whether traffic police officers can pursue motorcyclists, mopedists and scooter riders. The study of regulatory legal documents and other sources yielded quite interesting results.

Many two-wheeler drivers believe that they cannot be chased, and they are not going to stop voluntarily. This is an unspoken rule and it is passed on from mouth to mouth.

there is no prohibition in regulatory legal documents . And if a traffic police officer decides to punish a scooter driver for not wearing a helmet, he will catch up with him, force him to stop (in extreme cases, using a weapon) and impose a fine.

Thus, drivers who do not have helmets only console themselves with the fact that they allegedly cannot be pursued. Such drivers prepare in advance for the fact that they will not stop at the request of traffic police officers. However, in practice, the pursuit primarily poses a danger to the driver of the two-wheeled vehicle. Especially if he rides without a helmet.

Do scooter drivers need a helmet?

Paragraph 24.8 of the traffic rules comes to the aid of all scooter drivers who doubt the need for a helmet:

24.8. Cyclists and moped drivers are prohibited from :
.

  • drive on the road without a fastened motorcycle helmet (for moped drivers);

That is, a helmet is mandatory .

Do scooter passengers need a helmet?

Since April 2014, drivers of scooters and mopeds are allowed to carry passengers if the design of the vehicle allows for this.

However, clause 24.8 of the rules requires only the moped driver to have a fastened motorcycle helmet; this requirement does not apply .

Penalty for riding without a helmet

According to the Code of Administrative Offences, a fine for driving without a helmet alongside motorcycle drivers is also provided for scooter drivers:

Article 12.6. Violation of the rules for using seat belts or motorcycle helmets

Driving a vehicle by a driver who is not wearing a seat belt, transporting passengers not wearing seat belts if the design of the vehicle provides for seat belts, as well as driving a motorcycle or moped or transporting passengers on a motorcycle without motorcycle helmets or wearing unfastened motorcycle helmets -

entails the imposition of an administrative fine in the amount of one thousand rubles .

In 2019, moped and scooter drivers may be fined for not wearing a helmet. Its size is 1,000 rubles .

What is a helmet for?

A few words about another reason why people ride mopeds and scooters without special helmets. It's all about the financial component of the issue. Scooter riders don't want to spend money on a helmet. However, a helmet is not something you should skimp on.

As an example, let's look at two similar situations that I had to observe in practice. Let's talk about falls from bicycles:

In the first case, a cyclist without a helmet crashed into a bump at a speed of 10-15 km/h and fell onto a field dirt road.

In the second case, a cyclist wearing a helmet fell on the asphalt of a federal highway, hitting a rut at a speed of 25-30 km/h.

In the first case (without a helmet), the cyclist lost consciousness and memory over the past few weeks, suffered a concussion, and was hospitalized. In the second case, despite the higher speed and asphalt surface, everything ended with a bruise on the leg.

Please note that bicycles usually travel much slower than scooters and weigh much less. However, even in this case, the consequences can be very serious.

Therefore, I recommend wearing a helmet before every trip. At least when driving mopeds and scooters.

Well, in conclusion, I would like to note that if you have found the money to buy a scooter, then please buy a helmet. This is the key to your safety. After all, a helmet is needed not so as not to be stopped by traffic police officers, but in order to prolong the life and preserve the health of the driver of a two-wheeled vehicle.

Fine for riding without a helmet on a scooter or motorcycle

Scooters, mopeds and motorcycles are an extremely popular form of transport, widely used due to their practicality, convenience and unpretentiousness. When driving such vehicles, you must follow a number of rules, including the mandatory wearing of helmets while driving. Some road users prefer to ignore this requirement. Of course, such behavior of a motorcyclist or scooter driver cannot fail to attract the attention of a traffic police inspector.

Should I wear a helmet when riding a scooter or motorcycle? What legal acts regulate the use of a motorcycle helmet in this case? What punishment can a driver face for riding a moped, motorcycle or scooter without a helmet? We will answer these questions in this article.

What do the rules say?

The traffic rules directly state in paragraph 24.8 that the presence of a fastened helmet on the moped driver’s head while riding is mandatory. It should be noted that wearing a helmet in this case is only mandatory for the driver - this requirement does not apply to passengers of such a vehicle (although it would obviously not be superfluous).

The need for motorcyclists to wear protective equipment while driving is stated in paragraph 2.1.2 of the Traffic Regulations. And this time, in addition to the driver, each of the passengers must wear helmets. Which power-driven vehicle should be considered a motorcycle is also determined by the rules: if the engine capacity exceeds 50 cm3 and the maximum speed exceeds 50 km/h, then a two-wheeled vehicle (with or without a trailer) with such characteristics is a motorcycle.

Obviously, a scooter in any case falls under one of the definitions - a moped or a motorcycle - and wearing a motorcycle helmet when driving this vehicle is also mandatory.

Fine for not wearing a motorcycle helmet

The fine for not wearing a helmet or wearing it improperly is provided for in Article 12.6 of the Administrative Code, which states that a penalty of 1,000 rubles can be applied to:

  • a driver driving a moped or motorcycle without a helmet or with an unfastened helmet;
  • a motorcycle driver carrying passengers who are not wearing helmets.

Here it should be said that some particularly demanding inspector may try to punish twice the driver of a scooter or motorcycle, who himself rides without a motorcycle helmet and transports passengers without this protective headgear: respectively, for driving a vehicle without a helmet and transporting passengers, again without helmets. The Code of Administrative Offenses asserts that such an act of the inspector is illegal, since according to Article 4.1 of the Code one cannot be punished twice for the same offense, and since driving and transporting passengers are specified in one paragraph of the traffic rules (Article 12.6), this case follows count as one violation.

The law is somewhat more favorable to passengers carried on a motorcycle. If such a passenger finds himself without a helmet or his motorcycle helmet is not fastened, the traffic police inspector has the right to give him a warning or fine him 500 rubles.

Helmet as a safety device

Of course, despite the risk of being fined, a certain percentage of drivers of mopeds, scooters and motorcycles continue to ignore the requirement to wear a helmet. Such desperate people should remember that in the event of an accident, and even more so a fatal accident, it is the driver without a motorcycle helmet who will be considered the culprit, since he indirectly violated the rules by not having a helmet on his head or not putting helmets on his passengers . The number of scooters and mopeds on the roads is constantly growing, and along with this, the number of accidents involving these vehicles is also growing. A motorcyclist's helmet, along with a motorist's seat belt, is considered one of the most effective means of increasing the level of safety for road users. The less affordable price of a helmet cannot be an excuse for violating traffic rules.

Conclusion

The absence of a motorcycle helmet for a motorcyclist, moped or scooter driver is punishable by a fine of 1,000 rubles. A passenger of such a vehicle who commits this offense will be punished with a fine of 500 rubles.

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What is the fine for riding without a helmet on any motorcycle in 2020?

When traveling around the city or along the highway on a motorcycle, both the person behind the wheel and his passengers must adhere to safety rules while the vehicle is moving. Having a fastened helmet is a strict requirement stipulated by the traffic rules. The same obligation applies to motorcyclists and their passengers. However, there is a significant difference between the obligations of motor vehicle drivers and regular passenger cars. The latest editions say that driving a motorcycle and scooter is only allowed with a helmet properly secured on the head.

Is it permissible to travel on two-wheeled vehicles without special protection?

The paragraph of the traffic rules, which specifies the general responsibilities of drivers of any vehicles, also stipulates the mandatory presence of a properly fastened motorcycle helmet. The same equipment should be present on the heads of passengers who sit behind the person at the helm. The driver is responsible for this.

For some reason, some citizens are sure that it is acceptable to ride a moped or scooter from point A to point B without a helmet. But the rules state that it is necessary not only to have it on the head, but also to properly fasten the harness. Clause 2.1 of the second section of the traffic rules provides for regulations for driving on public roads for two-wheeled vehicles. All persons placed on the vehicle must wear a properly secured special helmet. And in paragraph 24.8 of the twenty-fourth section of the traffic rules it is stated that moped drivers are strictly prohibited from moving from point A to point B without fastening a special helmet.

A person driving a motorcycle with disregard for safety regulations puts himself and other passengers at risk. If a car is protected by its body and a seat belt, then a motorcycle does not have these elements. Considering that the average speed mark on public roads reaches 40 - 50 km/h, the probability of surviving and not being seriously injured in a collision with another car or in an accident for another reason is negligible. But in 100% of cases it is impossible to avoid injury. And this is the easiest outcome of the situation.

If an accident occurs through no fault of a motorcyclist riding without a special helmet, then it will be almost impossible to ensure that other participants in the incident are punished. Article 264 of the Criminal Code of the Russian Federation is applied when it is necessary to prosecute the culprit of an accident for causing injury. But if the driver was not wearing protective equipment, and thus violated safety rules, then the other participant should not be held responsible for this.

In case of accidents resulting in injuries to passengers, the person driving the motor vehicle will be responsible for the damage caused. Moreover, this may not even be an incident on the road, but you should not forget about small stones that often fly off the wheels of the vehicle.

How is the violator punished?

The Administrative Code stipulates what punishment should be applied to drivers of motor vehicles and other two-wheeled vehicles if they violate traffic safety rules. There are articles there that spell out the point regarding driving without special protective helmets for those who drive and those who sit behind.

Riding without a helmet

Riding a two-wheeler without special protective equipment on your head is the same as driving a car without a properly fastened seat belt on the vehicle. In both cases, failure to comply with the rules for using protective equipment or their complete absence can significantly increase the threat to the health and even lives of other road users. If a person driving a motorcycle does not bother to protect himself with a safety helmet, then this amounts to a gross failure to comply with the rules.

Article 12.6 of the Code of Administrative Offenses of the Russian Federation states that this is subject to a fine of 1 thousand rubles.

What penalty is applied for an unfastened harness?

Before you get behind the wheel of a motorcycle or other two-wheeled vehicle, you must wear a special helmet. Moreover, if it is on the head, but the harness is not fastened, then this is equivalent to the complete absence of protective equipment. Such an offense is punishable under Article 12 of the Code of Administrative Offenses of the Russian Federation and the amount of the fine in this case will also be 1 thousand rubles.

What measure is applied for transporting passengers without protective equipment?

When seating a passenger on a motorcycle or similar mechanical vehicle, it is important to understand that the person sitting behind the wheel automatically becomes responsible for his life and health.

If it neglects this safety rule, then it will not be possible to evade paying the fine by any means. Article 12.6 of the Code of Administrative Offenses of the Russian Federation states that transporting a person as a passenger without a protective helmet is punishable by law with a fine of 1 thousand rubles.

For what reason do moped drivers refuse helmets?

In real life, you can often find motorcyclists who never wear special helmets. In rare cases, the reason for this is the lack of funds in the required amount, since the equipment is not cheap. But most often, people are simply negligent even about their own safety, they are simply not familiar with all the traffic rules or are not aware of the possible consequences of an accident.

How can the traffic police prove guilt?

Traffic police officers have the right to draw up reports and issue fines to people driving mopeds, scooters and motorcycles if they see that the driver is not wearing a helmet.

If a motorcycle helmet is worn on the head, but is not secured with a harness, then this is also a reason for filing a fine. The inspector will issue a protocol on the admin. offense and will give the offender a receipt.

To prove the driver's guilt, photographs or videos recorded at the scene of the incident are used. However, such evidence must be of excellent quality and made at the scene of the incident so that the identification marks of the two-wheeled vehicle are visible. Sometimes eyewitnesses give testimony and sign the document.

I was involved in an accident, what next?

Unfortunately, quite often there are cases when scooter riders, in the absence of the necessary equipment, get into accidents with serious consequences, after which their families try by all means to achieve the truth and recognize the motorist as the culprit in the accident. In fact, the driver who ignored the traffic rules is actually considered to be the culprit of the accident. But if you look at the situation on a larger scale, then everything may not be so simple.

Even if a motorist has ignored the traffic rules, this is not a 100% guarantee that he is to blame for the death of the motorcyclist. First of all, it was the motorcyclist who violated the traffic rules, in that he began to ride without a special helmet. In addition, if a person driving a two-wheeler without equipment is found to be the culprit of the incident, then, according to Article 264 of the Criminal Code of the Russian Federation, a criminal case can be initiated, and then the offender can be sent to prison for no more than 2 years.

But Article No. 1079 of the Civil Code of the Russian Federation already spells out the situation when a passenger on a two-wheeler does not have a special helmet. The driver of the vehicle is responsible for this. Therefore, if the other party is found to be the culprit of the accident, then the person who was driving the vehicle will be determined to be the culprit for injuries to a motorcycle passenger, since he was aware of the danger of this event and at the same time allowed the person to ride with him without a helmet.

It was not just that the requirement was created that drivers and passengers of two-wheeled vehicles must wear special equipment at least on their heads. This is a mandatory measure for persons unprotected by the car body and seat belt. Therefore, for such actions, a motorcyclist can be punished not only with a fine, but also with criminal liability.

If you suddenly decide to become a motorcyclist or scooter rider, then always remember about your own safety and the safety of the passengers who will travel with you on the road.

Conclusion

Judging by the statistics, motorized vehicles quite often become involved in accidents on the road of varying severity. Drivers are seriously injured in road accidents - their vehicle is very light and mobile, but no protection is provided. Before you start moving, you need to think about your safety. Having a properly fastened helmet is a guarantee of maintaining health, and sometimes even life.

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