Fine for a belt without video recording

A legally correct response to an inspector who fines someone for not wearing a seat belt.

Greetings, friends!

I’ll say right away that I am not a supporter of driving without a seat belt - after all, in terms of safety, this is one of the main elements, and it does not cause much discomfort. Also, according to my observations, not every inspector is eager to “get to the bottom” of an unfastened seat belt - this is not at all the kind of violation at the sight of which a traffic police officer takes out a report to the guard.

However, situations are different, and the reason for not fastening a seat belt is not always a consequence of the driver’s dishonesty. For example, one of the drivers on the auto forum wrote that he went out to park the car on the other side of the house, and for this he needed to drive 200-300m. on the adjacent road , where he was “slapped” with a fine for a belt.

Therefore, if by some coincidence the driver is “caught” with his seat belt unfastened, then silently agreeing to draw up a report is also not the best option, because you have to fight for your money , and the inspectors, with a well-constructed position, may change their mind about drawing up a report.

So, there are only 2 working methods that can help a driver avoid a fine for a seat belt, but they are fundamentally different, and you only need to choose one of them.

This is a classic method, which, according to auto forum participants, works in about half of the cases. The point is to inform the inspector that while driving the seat belt was fastened, and after stopping you unfastened it (for example, to get documents from the back seat). If the inspector continues to “stick to his guns,” then he should be asked to provide evidence that the seat belt was not fastened.

According to some reviews from drivers from automobile forums, after a short dispute, it was possible to leave without a protocol , but again, not in every case. When drawing up a protocol, do not forget to write “I do not agree” and add “that the seat belt was unfastened after the vehicle was stopped.” It would also be a good idea to try to appeal this protocol in court , because in a number of cases, the court still sides with the drivers, canceling the protocol that is not supported by evidence.

This method appeared relatively recently, but according to reviews from several drivers who used it, it works flawlessly. Its essence is as follows:

Clause 2.3.1. Traffic regulations prohibit movement in case of malfunctions such as a broken seat belt. However, the same paragraph stipulates that if malfunctions occur for which the operation of vehicles is prohibited, the driver must eliminate them, and if this is not possible, then he can go to the place of repair.

This position is becoming more and more significant in favor of drivers every year, for example, the Supreme Court of the Russian Federation spoke on this matter (Resolution of the Supreme Court of the Russian Federation of March 2, 2018 No. 8-AD18-1). Also this year, a judicial precedent appeared in which the Supreme Court sided with the driver , who also claimed that he was going to the service center to fix a problem. The protocol issued to this driver was eventually canceled.

As for the malfunction itself, if a traffic police inspector wants to check it, then the driver’s obligation to show such things is not provided for by law. Therefore, to apply this method you only need a reference to Art. 2.3.1 Traffic rules, and the statement that you are driving to the repair site.

These are the most effective ways to avoid liability for not fastening a seat belt today. Of course, none of them gives a 100% guarantee, but they greatly increase the chances of avoiding the protocol. But finally, I will say that the best thing is to always fasten your seat belt - this way you will not only avoid problems with traffic police officers, but also ensure a safer level of driving.

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Do you need video recording when your seat belt is not fastened and how to challenge a fine for this?

There were times when, apart from radar, and even then not every crew had one, traffic cops no longer had any means for photographing and video recording offenses. Drivers who violated traffic rules were stopped and given a warning ticket for gross offenses, right on the road. And although, basically, all the accusations were based only on the arguments of the traffic police officer, no one then even thought of arguing with him about the claims made.

Now, with the advent of photo and video recording cameras in traffic police cars, you can’t just hire a driver in a “blackamoor.” When charging him with committing any offense, the police officer must provide the motorist and the court with materials from a photo or video camera recording this moment. However, in a real situation, not everyone and does not always adhere to these principles.

Yes, there really is a category of offenses that requires serious evidence in the form of photographs or video recordings, but there are also those that are accepted by the court without any additional evidence, on the basis of the protocol alone. I will say more, in many cases, if not in all, a guilty verdict is passed on them. And the presumption of innocence is replaced by the phrase: “the court has no reason not to trust the police officer.” I think those who have had to deal with this in their lives will now support me.

And although the phrase that the traffic police inspector must prove the driver’s guilt is firmly entrenched in the head of today’s motorist, in reality the opposite happens. This includes penalties for not wearing a seat belt. Judicial practice shows that on the basis of paragraph 1 of part 1 of Art. 28.1 of the Code of Administrative Offenses of the Russian Federation, the court, without any video recording, imposes an administrative penalty on the offending driver under Art. 12.6 of the Code of Administrative Offenses of the Russian Federation in the form of a fine of 1000 rubles. Unfortunately this is the reality. And don’t indulge yourself in illusions, thinking that the inspector, seeing the driver unbuckled, will spend half a day proving to him that he violated the traffic rules. You can, of course, disagree and write “disagree” in the protocol, but this circumstance will in no way affect the judge’s decision.

I understand that it would be more pleasant to hear that the traffic cop has to work hard before proving that the driver was driving unbelted, and some authors, I must say today, do this for the sake of readers, but, unfortunately, in reality everything looks a little different. There are dozens of such court decisions and attempts to appeal them on this page, but in order not to abuse your attention, I will not do this. Those who wish to familiarize themselves with these documents can always find them freely available on the Internet.

Speaking about this offense, in fairness, it should be noted that today the police do not pay much attention to unfastened seat belts. But, nevertheless, it is worth knowing that if the traffic police inspector decided to write a report for this, then the court will be on his side and, without any additional evidence, will punish the driver with a fine. Therefore, if you neglect your seat belts while driving and have not yet been fined until today, then I assure you that the police simply did not want this.

But not everything is so hopeless. There are several tips from experienced lawyers on how to challenge a ticket for not wearing a seat belt, and I’ll tell you about them now.

The first one is the most reliable and will come in handy if the inspector mistakenly accuses you that the driver did not have his seat belt fastened while the car was moving. The problem will be solved by having a DVR in the car with two cameras that simultaneously capture images on the road and in the cabin in real time. With such ironclad proof of your innocence, you can safely go to any court.

The second is to provide the court with witnesses, as well as video footage of it. Please note! that you and the traffic police inspector have developed a hostile relationship, on the basis of which he issued you a report on this offense. But you yourself understand that this advice exists purely theoretically and is offered only as an option. Not one inspector will yell at you on camera and threaten you with violence. Therefore, in the current situation, the only reliable evidence that the driver was wearing a seat belt while driving is the presence of a corresponding video recording.

There is another method that is not entirely reliable, but still enjoys some popularity among drivers. As is known, seat belts, if they are inoperative, are classified as malfunctions in which the operation of vehicles is prohibited. Therefore, having voiced this problem to the policeman, the driver declares that he is heading to the place where this breakdown is repaired, which is provided for in clause 2.3.1 of Article 2 of the Traffic Regulations of the Russian Federation. Not a single inspector will check the veracity of your words, and he does not have such powers.

I encourage you to share your experiences in this regard in the comments. Perhaps someone managed to challenge this fine. There are still enough miracles in our world.

Does a traffic police officer have the right to issue a fine for not fastening a seat belt without photographic or video recording?

Hello. Does a traffic police officer have the right, without photo-video recording, to issue a fine for not wearing a seat belt with the wording: “I saw it”?

Yes, you have the right to demand photo or video evidence of your guilt. If the traffic police officer does not have such material evidence.

You can refer to the fact that the only violation is driving a moving vehicle without a seat belt fastened, and your vehicle is currently not moving. In addition, you unfastened your seat belt after stopping while the policeman was walking towards you to check your documents.

If a traffic police officer insists that you have committed an offense, demand that a report be drawn up. Once completed, your signature will be required. Indicate in the protocol that you do not agree with the charges and were wearing a seat belt while the car was moving. You can refer to Article 1.5 of the Administrative Code on the presumption of innocence.

If a fine is issued, you can go to court.

Fine for not fastening the driver's and passenger's seat belts

It's no secret that wearing a seat belt is a mandatory requirement of traffic rules. However, many still neglect this simple rule.

Today we will tell you the size of the fine for not wearing a seat belt in 2019, who pays for an unfastened passenger, how pregnant women and children should fasten their seat belts, and whether such a fine can be challenged.

What is the amount of the traffic police fine for not wearing a seat belt in 2019?

According to clause 2.1.2 of the traffic rules, if a vehicle (hereinafter referred to as the vehicle) is equipped with seat belts, then the driver and passengers must wear them while driving.

The driver of a power-driven vehicle is obliged, including when driving a vehicle equipped with seat belts, to be fastened and not to carry passengers who are not wearing seat belts.

For violation of this rule, an administrative fine is collected from the driver on the basis of Art. 12.6 Code of Administrative Offenses of the Russian Federation. The fine for failure to use a belt is 1,000 rubles.

Driving a vehicle by a driver who is not wearing a seat belt, transporting passengers who are not wearing seat belts, if the design of the vehicle provides for seat belts. - entails the imposition of an administrative fine in the amount of one thousand rubles.

A fine for not wearing a seat belt can be paid with a 50% discount if done within 20 days from the date of the decision on the violation.

When an administrative fine is paid by a person held administratively liable for committing an administrative offense provided for in Chapter 12 of this Code, with the exception of administrative offenses provided for in Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of the Article 12.15, part 3.1 of article 12.16, articles 12.24, 12.26, part 3 of article 12.27 of this Code, no later than twenty days from the date of the decision to impose an administrative fine, an administrative fine may be paid in the amount of half the amount of the imposed administrative fine.

Part 1.3 Art. 32.2 Code of Administrative Offenses of the Russian Federation

What is the fine for not wearing a child's seat belt in a car?

As for the size of the fine for children not wearing a seat belt in a car in 2019, it depends on the age of the child.

So, if the child is over 11 years old, the driver will face a fine of 1,000 rubles. as for transporting an adult unbelted passenger on the basis of Art. 12.6 Code of Administrative Offenses of the Russian Federation.

When transporting children under 11 years of age, the special requirements established by clause 22.9 of the Traffic Regulations must be observed.

Transportation of children under the age of 7 years in a passenger car and truck cab, which are designed with seat belts or seat belts and an ISOFIX child restraint system, must be carried out using child restraint systems (devices) that are appropriate for the weight and height of the child.
Transportation of children aged 7 to 11 years (inclusive) in a passenger car and truck cab, which are designed with seat belts or seat belts and an ISOFIX child restraint system, must be carried out using child restraint systems (devices) that are appropriate for the weight and height of the child , or using seat belts, and in the front seat of a car - only with the use of child restraint systems (devices) corresponding to the weight and height of the child.
The installation of child restraint systems (devices) in a passenger car and the cabin of a truck and the placement of children in them must be carried out in accordance with the operating instructions for the specified systems (devices).

Therefore, children under 11 years of age should be transported using child car seats (front and rear seats) or other devices that allow them to be fastened with adult seat belts (rear seats only).

A fine if the child is not fastened with a seat belt in the back, in accordance with Part 3 of Art. 12.23 of the Code of Administrative Offenses of the Russian Federation is:

3000 rubles - for the driver;

25,000 rub. - for officials;

100,000 rub. - for organizations.

Violation of the requirements for the transportation of children established by traffic regulations will 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.

Part 3 Art. 12.23 Code of Administrative Offenses of the Russian Federation

An unfastened child in a seat can only travel in vehicles that are not designed with seat belts, and only in the back seat.

You will find more information on how to properly transport a child under 12 years of age in the article transporting children.

Fine for not fastening a passenger's seat belt

Traffic regulations state that wearing a seat belt is not only the responsibility of the driver, but also of the passengers.

When traveling in a vehicle equipped with seat belts, be wearing them.

If a passenger is not wearing a seat belt while driving, then both the driver and the passenger are considered traffic violations. Therefore, the answer to the question of who pays the fine for a passenger not fastening his seat belt will be the driver and the passenger.

The driver will be fined 1000 rubles. according to Art. 12.6 of the Code of Administrative Offenses of the Russian Federation, which we discussed above, and the passenger - on the basis of a more general article 12.29 of the Code of Administrative Offenses of the Russian Federation, which establishes liability for violations of traffic rules by pedestrians, passengers and other road users.

Thus, a fine may be imposed on an unbelted passenger in accordance with Part 1 of Art. 12.29 of the Administrative Code in the amount of 500 rubles, if the traffic police inspector does not decide to limit himself to a warning.

Violation of traffic rules by a pedestrian or passenger of a vehicle
entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.

Part 1 Art. 12.29 Code of Administrative Offenses

Due to the fact that the punishment for a driver for not fastening a passenger’s seat belt cannot be a warning, but only a fine, most often the person who is issued a fine if the passenger is not fastened is the driver. However, this does not mean that a passenger who neglects traffic rules is insured against administrative liability.

Maternity seat belt

Wearing a seatbelt is a mandatory requirement that applies to everyone. Traffic regulations do not provide for exceptions to this rule for pregnant women, so they are required to use belts at any stage of pregnancy.

To protect yourself and your child from injuries that can be caused by a seat belt during sudden braking, adhere to the following rules:

Place the shoulder strap of the belt across the center of your chest. Make sure the belt does not touch your face or neck;

Make sure that the lumbar portion of the belt does not go across your stomach. It is best to fix it under the stomach. If the belt reaches your belly button, lower it lower.

To secure the lumbar strap under your belly, you can use a special maternity belt adapter.

In the event of sudden braking or an accident, stationary belts, when correctly positioned, will protect the woman from injury and will not harm the fetus.

Will airbags deploy if seat belts are not fastened?

In some cars, the airbag only deploys when the seat belt is fastened, while in others it always deploys.

Vehicles equipped with airbags are equipped with impact sensors. Front sensors react to the vehicle's deceleration rate, as well as its own deformation. In the event of a collision, they are activated and signal the airbags to deploy.

If you were wearing a seatbelt at the time of the impact, the airbag will soften the impact. If not, then hitting the airbag will be no less dangerous than hitting the dashboard. In this regard, on some car models, sensors are installed that prevent the airbag from opening when the seat belt is not fastened.

Remember that airbags effectively protect the driver and passengers in the event of an accident only in conjunction with seat belts. If you are not wearing a seat belt at the time of an accident, you risk serious injury, regardless of whether your vehicle is equipped with airbags or not.

How to challenge a fine for driving without a seat belt in 2019

As for how to challenge a fine for not fastening a car seat belt, this must be done if you were actually innocent. Based on the provisions of the traffic rules, there are several conditions under which this fine is unlawful:

The design of the car does not provide for the presence of seat belts;

You were not wearing a seat belt in a parked car;

On the road, the belts have failed, and you are moving to a service station or parking lot (Section 2.3.1 of the Traffic Regulations).

How to avoid a fine if you are stopped by an inspector because you are not wearing a seat belt? We recommend that you behave as follows:

Initially, ask the inspector to show a video or photograph that would support his claim that you were not wearing a seat belt. In the absence of such records, there are several methods of protection:

1 Your answer: “The belt must be used when moving, but my car is stationary. I just unfastened while you were walking towards me to get the documents. In a stopped car, the driver and passengers are not required to wear seat belts.

2 Demand that a protocol on an administrative offense be drawn up. When they give it to you to sign, you should make the following entry:

“I don’t agree with the violation. While the car was moving, he was wearing a seat belt. My guilt has not been proven by anything” (Article 1.5 of the Code of Administrative Offenses of the Russian Federation).

3 If you have a ruling on an administrative violation, contact a car lawyer who will help you challenge it.

4 Either appeal this decision yourself within 10 days from the date of its receipt to a higher official, or to a higher authority, or to the court.

If you have been issued a fine for not using a seat belt, which you consider unfair, you have the right to appeal it to a higher authority, a higher official, or to the district court at the place where the case was heard (if this decision was made by a traffic police inspector). According to Part 1 of Art. 30.3 of the Code of Administrative Offenses of the Russian Federation, a complaint must be filed no later than 10 days from the date of receipt of the decision.

A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.

Part 1 Art. 30.3 Code of Administrative Offenses of the Russian Federation

Your chances of a successful outcome will depend on how you draft your complaint. To do this correctly, seek help from a car lawyer.

Unfortunately, courts rarely side with drivers. Often, even if the traffic police inspector did not record the violation on camera, the courts recognize the fine for it as lawful.

One of the few pieces of evidence that can guarantee the cancellation of a fine for not wearing a seat belt is a recording from a car registrator. The recorder must have two cameras that simultaneously film what is happening outside the car and inside its interior. Only in this case will it be clear that you were wearing a seat belt at the moment when the traffic police inspector stopped you.

Testimony from witnesses can also be helpful, but even if it is available, it is not always possible to avoid a fine.

However, a fine is not the worst consequence of not wearing a seat belt. Remember that in an accident, wearing a seat belt can save your life.

The fine for a camera for a belt, phone and environmental class will begin to be issued in 2019

New violations from cameras

The Moscow Traffic Management Center entered into a contract for the rental of 200 cameras for automatic recording of traffic violations, which are fundamentally new and will record violations that were previously unavailable to other cameras. This includes the driver and passenger not fastening their seat belts, using a phone while driving, violations of environmental class, waffle iron markings and others.

What are these new cameras?

And this remains the most important secret - the authorities have not yet named the name of the auto-recording tool that will be able to record such violations. But it is possible that these are Avtodorii with improved software.

Only the requirements for the technical characteristics of such cameras are known.

Among the new violations that such complexes will be able to record:

unfastened seat belt,
using a phone while driving in violation of traffic rules,
violation of environmental class,
departure in violation of the Rules for waffle markings,
load restrictions,
maximum weight,
oversized cargo,
failure to give priority to cyclists,
as well as driving in the cycling zone.

But there will still be fines from such cameras for already “habitual” violations - speed, parking, stop line, bus lane and a number of others.

For now, the new systems will be installed in Moscow, but in the future they may spread to other cities and regions.

Full list of violations

The terms and details of the contract for the purchase of new complexes are posted on the State Procurement website. And among other documentation there is a Technical Specification for auto-fixation cameras. It contains the requirements for new sets of violations identified.

Here is a quote from the directory of violation codes that will be transmitted by such cameras.