Fine for not having a child car seat

Fine for transporting children without a seat in a car in 2019

All children under 12 years of age must be secured in a child restraint system (LEE). Violators of this requirement are punished with a fine. The size of the penalty for parents, taxi drivers and officials differs, and there are also some features of repayment of the fine.

Penalty for not having a child seat

The regulatory act of traffic rules, paragraph 22.9, sets out the rules that must be followed when a child is in the car, in the front or rear passenger seat.

The following standards must be observed:

up to seven years - travel in the back and front seats and with full fixation using a cradle or car seat;

being in a seat and secured with belts is mandatory, even for short trips;

for children from 7 years to 12 years, and large children who do not fit in a seat can be transported without a seat only in the rear seats of the car;

The cradle or chair is selected according to age and weight.

For violation of these rules, an administrative fine is imposed for a child without a chair - 3,000 rubles in all regions, in accordance with Article 12.23 of the Administrative Code.

For leaving a child under 7 years old in the car, the penalty amount is 2,500 rubles for residents of Moscow and St. Petersburg, and 500 rubles for other regions (Clause 1.Article 12.19 of the Administrative Code).

Fine for ordinary people, officials and legal entities

The fine for not having a child seat varies depending on who committed the offense:

Amount of fine in rubles

Driver (Parents, relatives)

Officials – educators, teachers, taxi drivers

Legal entities – school, taxi company

It is possible to pay the fine with a 50% discount within 20 days from the date of delivery of the decision to the citizen.

At what age should children be transported in special seats?

Transportation of children under 12 years of age must be carried out in accordance with traffic regulations (clause 22.9)

The main provisions of this regulatory legal act:

Fixing belts and a seat are a prerequisite for transportation. Other devices, including homemade ones, cannot be used in 2018, this is noted in the traffic rules.

In the back seat, without using a seat, but with securing belts, you can seat a child from 7 years old.

Placing children on motorcycles is strictly prohibited.

The driver of the vehicle is also fined if:

the minor is in the seat, but is not wearing a seat belt;

two children were seated in one standard chair;

the child is fastened, but is in the arms of an adult;

the child is large and the purchased chair does not fit;

The car is not equipped with standard securing belts.

For transporting children without a seat, a fine is imposed after drawing up a report on the offense.

If several children are traveling in a car, and all of them are without a car seat, then a standard fine is imposed - 3,000 rubles, since only one offense was recorded. You can avoid a fine when transporting children over 7 years old by using a special seat with a belt - a booster.

The inspector does not have the right to impose a penalty if the car was not moving, for example, standing in the parking lot.

Taxi fine if a child is without a seat

Taxi drivers can be brought not only to administrative, but also to criminal liability under Article 238 of the Criminal Code “... provision of services that do not meet safety requirements.” However, this measure is rarely taken. Most often, both the driver and the owner of the taxi company - a legal entity - are fined.

According to administrative legislation, a driver who violates transportation rules is obliged to pay a fine of 25,000 rubles, since he is a responsible official. The director of the company pays 100,000 rubles.

If driving without a child seat causes injury to a child in a car accident, criminal proceedings are initiated.
The fine under Article 238 of the Criminal Code of the Russian Federation can range from 100,000 to 500,000 rubles. The taxi service must have its own car seats for children of different ages. However, it is important to consider that if parents call a taxi without warning that there will be a child in the car, the driver has the right to refuse to provide the service.

Why is it necessary to use a child seat?

The task of every parent is to ensure the safe passage of the child in the car. The requirement for car seats was introduced for a reason: in reality, in the event of an accident, a child secured in a seat has a greater chance of surviving.

Why use a chair:

Safe transportation of a child. Crash tests have shown that children who are not secured in a seat hit the front seat and are thrown back, resulting in life-threatening injuries.

Safety for the driver. Because babies and teenagers are often restless, they may suddenly interfere with someone who is driving, for example by throwing a toy at them. A child fixed in a chair has limited mobility.

Safety while playing in the car. A restrained child can do whatever he wants without slipping or hitting himself.

With the advent of car seats, many women were able to drive a car by placing the child in the front or rear seat in a restraint system. Even in the event of an accident, the child will remain secured in the cradle or seat, and most likely will not receive dangerous injuries.

What are the downsides to car seat laws?

Most often, difficulties with the law on child seats arise in large families. One car can comfortably accommodate two, rarely three, seats, but without them all four or even five children could fit in the back seat.

Another drawback is the imposition of fines on taxi drivers. Sometimes parents deliberately do not warn that there will be a child in the cabin, so as not to increase the cost of the trip. When an inspector stops a car, the blame falls on the taxi driver. In extreme cases, the fine for parents will be 3,000 rubles, and for the driver – 25,000.

Types of chairs

Types of car seats for children on the Russian market:

Fine for not having a child seat in the car

If the car does not have a special device so that a child can sit in it comfortably and as safely as possible during the trip, then the law determines monetary penalties for failure to comply with the requirements for the safe transportation of children.

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This device is installed in the back seat and is called a Child Restraint Device (CRES).

For example, if children are already 7 years old, but not 11, they should be transported without a seat, in the back seat, with seat belts fastened.

Up to what age is it used?

If we consider the general Traffic Rules (SDA, Rules), paragraph 22.9 states that a child restraint device in a car is mandatory for use by children under 7 years of age. These rules remain in effect in 2019.

But it is worth noting the changes that were made by Russian legislators in road traffic law in the summer of 2017.

Innovations dated July 3, 2017, also valid in 2019 and beyond:

1. Child restraint systems should be used for young children under 7 years of age.
2. The age limit for children whom motorists are not required to transport in special seats is 7-11 years.
3. Children under 7 years of age must not be left inside cars without adult supervision (Section 12.8 of the Traffic Regulations).
4. When the child’s age is between 7-11 years, he must be transported in the back seat, fastened with reinforced seat belts (Section 22.9 of the Traffic Regulations).
5. The terms “other devices” have been removed from use. They meant pillows that were placed by parents under the seat belt, etc.

Children over 12 years old can ride in the front seat, but always wear seat belts.

If children are left in the car without the presence of adults, then this will result in a fine (Part 1, Article 12.19):

The abolition of the concepts of “other devices” does not exclude the possibility of their use. It’s just that their presence or absence is no longer regulated by law.

It is prohibited to carry children under 12 years of age in the back seats of motorcycle transport. Additional equipment with safety devices is required.

The fine for not having a child seat in the car

Monetary penalties for transporting children without a specially installed seat are prescribed in the Code of Administrative Offenses of Russia - Part 3 of Art. 12.23.

If such a device for the safety of the child was not installed, and the child was transported only with classic seat belts, then the person responsible for this may be fined.

Depending on who is listed in the traffic police as the owner of the vehicle, certain amounts of monetary penalties will be established:

It should be noted that fines are always issued by traffic police officers exclusively in the name and surname of the owners of vehicles transporting children incorrectly.

Accordingly, only car owners are required to pay them, and not drivers who are entrusted with driving the vehicle.

But if the fault was established precisely by the car owner, who refused to equip the interior of the car with a special seat, then the courts will be on the driver’s side. In this case, the claim of the car owner to demand the amount of the paid fine from the driver will remain unsatisfied.

Should it be in a taxi?

Regarding taxi vehicles and questions about whether there should be specialized restraint belts and seats for children, there is a consensus - there should be. But only in cases where children will be transported, and not in other situations.

If taxi drivers transport children under 7 years of age without special restraints, then they will be punished as follows:

Parents often ask whether there is a charge for using a car seat for their child when traveling. Having a car seat in the car is the carrier’s responsibility, not a right. But the law is silent about taxis, what fee they can charge for using the chair.

Therefore, the cost of using this device, or the lack thereof, is determined separately by the carrier companies.

How to avoid punishment for absence

They issue fines under the Code of Administrative Offenses of the Russian Federation not only when there is no seat and the baby is transported under a seat belt. There are a number of cases in which traffic police officers also have the right to issue fines, and the courts have the right to recover from violators.

You can avoid a monetary penalty in the following cases:

1. Do not place a child in the arms of an adult while traffic is moving.
2. Children's weight, body size and height are suitable for the child car seat installed in the car.
3. Be sure to buckle your child into a child seat, and not just sit him there.
4. Place one child in one special chair, rather than two or more children.
5. In a motor vehicle, standard seat belts must be in good working order and must be present.
6. A car with a child inside stands still and does not move.
7. The baby is placed in a “booster”, FEST, holding device. They are equated to a soft, frameless child restraint system, which can be reinforced with standard seat belts. In this case, the child in a soft car seat or other child restraint system must be located in the back seat, where there are working seat belts.

In cases where the car model does not provide for seat belts in the rear seats, it is allowed to transport a child in the front seat, but only in a special child car seat and fastened with seat belts.

If a child is transported in a device such as a car seat, but the little passenger is not fastened with restraint belts, this is regarded as not ensuring his safety.

Video: Driving without a child seat in a taxi

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What is the fine for transporting children without a seat?

At the moment, in 2019, we are required to transport children under 12 years of age in a car equipped with seat belts in a child car seat or some other device that ensures the child’s safety. Regardless of whether we transport the child in the rear seats or in the front seat (Exception - children from 7 to 11 years old can be in the back seat without a car seat, fastened with seat belts). Traffic regulations regulate the transportation of children in one single paragraph - 22.9:

22.9.
Transportation of children is permitted provided that their safety is ensured, taking into account the design features of the vehicle. Transportation of children under 12 years of age in vehicles equipped with seat belts must be carried out using child restraints appropriate for the weight and height of the child, or other means that allow the child to be fastened using seat belts provided for by the design of the vehicle, and in the front seat passenger car - only with the use of child restraints.

It is prohibited to transport children under 12 years of age on the back seat of a motorcycle.

In the summer of 2017, significant changes were made to the rules for transporting children in road transport. Significant innovations for 2017/2018 include:

The ban on leaving children under 7 years of age in a car (fine 2.5 rubles for Moscow and St. Petersburg and 500 rubles for the rest of Russia) is enshrined in clause 12.8 of the Russian Federation Traffic Regulations, and liability for non-compliance with the rule is in clause 1 Art.
12.19 Code of Administrative Offenses of the Russian Federation. Children aged 7 to 11 years are now allowed to be transported without a child seat, but only in the back row of seats and with belts fastened (changes in paragraph 22.9 of the Russian Traffic Regulations). The
concept of “other devices”, which was used by parents who put a pillow under the child’s belt, has been abolished.

At the moment, a draft amendment has been prepared to change the Traffic Rules regarding the transportation of children. In particular, the threshold for requiring a child seat has been reduced to 7 years, as we discussed above.

The fine for transporting children without a car seat for 2019 is regulated by Article 12.23, Part 3 of the Administrative Code, and for an ordinary driver starts from 3,000 rubles.

3. Violation of the requirements for the transportation of children established by the Traffic Rules entails the imposition of an administrative fine on the driver in the amount of three thousand rubles ; for officials - twenty-five thousand rubles; for legal entities - one hundred thousand rubles.

A fine is applied whenever a child under 12 years of age is transported without a child car seat. As you can see, the amount of the fine for the absence of a seat is a significant part of the cost of the car seat itself, and it is unknown how many such fines and over what period can be issued. It’s no joke, but in a couple of times for three thousand rubles you can buy not the best, but still a child car seat that will at least somehow ensure the safety of transporting a child.

The fine for the absence of a child seat also applies in cases where:

• the child sits in the arms of an adult (mother/father), even if he is wearing a seat belt;
• the child is too large for a child car seat and other restraint devices, although his age has not eliminated the need for such transportation;
• the child is sitting in a child seat, but is not fastened with the seat belts (the safety of transporting the child is not ensured);
• more than one child sits in one car seat;
• the standard seat belts have been removed from the car (nowadays there are almost no cars in which seat belts are not provided by design for a single passenger seat). If there are seat belts only in the front seats, then the child must be transported in the front passenger seat in a car seat.

The fine for not having a child seat does not apply in cases where:

• the car does not move (transportation simply does not take place);
• the child is not fastened with a child car seat, but with a “booster”, FEST, is in a frameless car seat, etc. in the back seat, if safe transportation is ensured.

How much are the fines if you transport 2 or more children without a child car seat?

Since the punishment under the Code of Administrative Offenses of the Russian Federation for 2019 is provided for transporting children in violation of the Traffic Rules, and not for violating the transportation of each child in the car, then the fine for transporting without a seat is the same, no matter how many children are in the car at the time the violation is stopped . Thus, even if our car is completely full of children, and there is not a single car seat in this car, then there is still only one fine, since there is only one element of the violation - transporting children without a car seat.

How can a traffic police inspector check for the presence of a car seat?

Many people are familiar with the situation when an inspector opens car doors on his own to check whether passengers are wearing seat belts and/or whether children are in child car seats. Of course, this is illegal - the Administrative Regulations of the Ministry of Internal Affairs describe any procedure for identifying an offense and prescribes for most of them (except visual) its own procedure, including a preliminary appropriate protocol. In this case, in order to open the doors, the inspector needs to draw up an inspection protocol with the relevant grounds included in it, a video recording or an invitation to two witnesses.

But more often than not, the inspector himself asks the driver to open the door in a demanding tone. In this case, he again only asks, and the request can be refused. If he requires this, then ask under what administrative procedure such a requirement was made. However, of course, it is always better to open the doors if there is no violation on your part.

Fine for not having a child seat in 2019

Good afternoon, dear reader.

In 2019, all passengers in a vehicle equipped with seat belts must wear seat belts.

As for small children, they must ride in special child seats that ensure safety in the event of an accident.

This article will discuss the fine for transporting a child without a child seat:

Fine for not having a child seat in the car

The fine for driving without a child seat is provided for in Part 3 of Article 12.23 of the Administrative Code:

3. Violation of the requirements for the transportation of children established by the Traffic Rules -

shall entail the imposition of an administrative fine on the driver in the amount of three thousand rubles ; for officials - twenty-five thousand rubles; for legal entities - one hundred thousand rubles.

Thus, the fine for the driver is 3,000 rubles .

Features of imposing a fine:

• Only one fine is imposed on the driver, regardless of how many children are driving without seats or restraints.
• During the day, a fine can be issued several times if the driver is stopped several times.

Let me remind you that the fine for an adult passenger not wearing a seat belt is much less:

50% discount when paying a fine

The fine for violating the rules for transporting children can be paid with a 50 percent discount within 20 days after the violation. In this case, the fine will be 1,500 rubles .

Situations in which a seat fine may be imposed

The rules for transporting children in cars are discussed in a separate article:

In this article, we will consider only situations in which a fine for incorrect transportation may be imposed:

• Transporting a child under 11 years of age in the front seat of a car without a seat.
• Transporting a child under 7 years of age in the back seat of a car without a seat.
• Transporting a child under 7 years old in the cabin of a truck without a seat.
• The child is in a child seat, but is not fastened with the seat belts.
• The child is in the seat, but the seat itself is not secured with the car's standard seat belt or ISOFIX fastening.
• The seat does not match the child according to one of the following parameters: age, weight, height (indicated in the documents for the seat).

In conclusion, I would like to note that in 2020 the fine for transporting a child seat is not the greatest. However, the restraint is not intended to avoid a fine, but to ensure the safety of the child. And you shouldn’t skimp on this issue.

Penalty for not having a child seat

One of the main concerns of a driver is the safety of his passengers. While adults only need regular seat belts, children need special restraints.

Since 2007, the presence of such devices when transporting minors has been mandatory, and for driving without a child seat, a traffic police inspector can issue a fine to a negligent driver.

Rules for transporting children in a car

Irresponsible drivers often do not think about the safety of the child, neglecting to buy a child seat. Statistics show that in the event of an accident, even if it is inexpensive, in most cases it allows you to save the health and life of a little person.

The rules for transporting children are regulated by clause 22.9 of the Russian Federation Traffic Regulations. Note that in 2017, legal norms in this area underwent major changes:

• A penalty has been introduced for leaving children under 7 years of age in a car (clause 12.8 of the traffic rules; a fine of 2,500 rubles in St. Petersburg and Moscow and 500 rubles for all of Russia, prescribed in clause 1 of article 12.19 of the Administrative Code).
• Children from 7 years old to 11 years old inclusive can be transported without a child seat, but only in the rear seats.
• Child restraints are required for children under 7 years of age in the back row and children under 12 years of age in the front seat.
• The term “other devices” has been abolished in the Traffic Regulations.
• Children under 12 years of age cannot be passengers on the back seat of a motorcycle.

Responsibility for transporting a child without a seat

The fine for not having a child seat is quite high. So, for example, if a driver violates the requirements of clause 22.9 of the Russian Traffic Regulations at least twice, then the size of the fines will completely cover the cost of a child seat in the average price category.

The amount of fines is regulated by Article 12.23 (Part 3) of the Code of Administrative Offenses and amounts to:

• for ordinary citizens 3,000 rubles;
• for officials responsible for transporting children, 25,000 rubles;
• for legal entities – 100,000 rubles.

The driver can pay half the amount if he pays the fine within 20 days after the decision is issued.

Please note that penalties will be imposed every time a violation is discovered. This does not mean that, having received one fine, a driver can continue driving a child in a car with violations of traffic rules. He may well be punished again if he is stopped by another inspector.

It is almost impossible to appeal a traffic police officer’s decision under this article. There is one rule here: either there is no child seat, or there is one.

The driver will still be fined if:

• a child, even if belted, is in the arms of an adult passenger;
• the child is large and does not fit into a child seat of his age;
• a child sitting in a child seat is not fastened;
• not one, but several children sit on one car seat;
• There are no standard seat belts in the car (if they are in the front seat, the child in a child seat is placed there).

The inspector cannot issue a fine when the car is not moving or a child over 7 years old is sitting on a booster seat in the back seat. If several children are transported in a car without a car seat, then there will be one fine, because there is one recorded violation: transporting children without a restraint device.

Types of restraint devices

Child seats are needed for everyone under 150 cm and less than 36 kg, and are transported in the front seat. The use of a seat in the rear seat is mandatory for children under 7 years of age.

In total, there are 5 groups of child restraint devices, divided according to the child’s weight:

• Group 0 is intended for children up to 10 kg;
• Group 0+ is intended for children up to 13 kg;
• Group 1 for children from 9 kg to 18 kg;
• Group 2 for children from 15 kg to 25 kg;
• Group 3 for children from 22 kg to 36 kg.

Please note that the previously popular adapters for standard FEST belts are not child restraint devices. Since July 12, 2017, they have been effectively banned, since the license of the company producing them was taken away. Based on test results, this type of restraint is found to be unsafe for children. Thus, the inspector will quite reasonably fine the driver who is trying to replace a standard seat for transporting a child with a FEST adapter.

But boosters are allowed for use, and the inspector will not fine you for their use, but provided that the child is over 7 years old.

These devices are needed to ensure that the standard car belt passes over the chest and not over the neck of a small passenger. It will not be a big secret that for these purposes it is possible to use an ordinary pillow under the butt. But let us note once again that this is for older girls and boys.

As a rule, child seats are attached to the seat using standard belts, and the child is held in place by the belts of the car seat itself (ISOFIX system). If the device does not have its own belts, the child is held and secured using standard belts according to the instructions.

How can a traffic police inspector check for a child in a car?

It’s very simple - by visual inspection through the car windows; if the car windows are tinted, then the inspector may ask you to lower them.

But the situation familiar to many drivers with the unauthorized opening of the door by an inspector to check the rules for transporting children is illegal. A police officer can do this only in the presence of invited witnesses or using video recording, having previously drawn up an inspection report.

If you do not violate anything, it is better to comply with the inspector’s request to open the door or lower the window. You will simply lose more time if the traffic police officer decides to carry out the inspection procedure in accordance with current legislation.

The State Traffic Inspectorate often carries out preventive measures with names like “child in the car” - the traffic police crew is located in the morning hours near a kindergarten or school and “works out” all approaching cars. And this is correct, no matter how it sounds.

Tighter rules for transporting children have increased the wave of indignation from drivers who believe they are being ripped off. But it is worth remembering that a child has a hard time withstanding sudden braking and is easily injured even in a minor accident.

A special restraint device for a child is an increased guarantee of his safety, as well as a guarantee that he will remain alive and unharmed in an accident. The health of a small person is priceless, and one fine for a child seat, as we noted earlier, is quite consistent with half of its cost.