One of the simplest means of ensuring safety on the road to the driver and passengers is a seat belt. Unfortunately, not all drivers are aware of this rule. Therefore, in 2016, it was decided to increase the fine for seat belts. All cars must be equipped with a working device. Otherwise, the inspection will not work.
According to the SDA, before starting the movement, the driver must buckle up and make sure that passengers in the cabin do so. The exception is only the driving instructor conducting the lesson, and the special services, whose vehicles are marked with the corresponding signs.
Penalty for driving without a seat belt
So, not only the driver should be fastened during the ride. If a traffic police officer stops a car where people have not fastened their seat belts, then a fine is expected in the following cases:
- If the driver’s seat belt is not fastened.
- Passengers are not fastened.
- When transporting a child there is no special device.
The amount is different, and the main responsibility for this lies with the driver.
Driver seat belt
The current version of the Code of Administrative Offenses of the Russian Federation provides for punishment for a driver who drives an unfastened vehicle. The penalty for a seat belt is one thousand rubles. At the same time, the fine is not cumulative if this violation is also observed in passengers in the car.
At the same time, if you are fined, this does not mean that you can safely continue to move in the same way, motivating your behavior with what you have already paid for the offense. You may be fined a second time, and a third, and so on for the same thing, if you do not fasten your seat belt.
The duty applies only when the car is moving. However, when there are a lot of cars on the road, it is better to remain fastened even when stopping.
Seat belt
According to the current Administrative Code of the Russian Federation, passengers must fasten their seat belts in the same way as the driver. What is the penalty for the seat belt will be imposed on the passenger? Today its size is 500 rubles. But the traffic police officer in this case can simply warn passengers, as well as the driver, so that they comply with the rules in the future. Sometimes this is recorded in writing.
In public transport, as a rule, seat belts are absent. But if they are, use them.
Carriage of a child without a device
In addition to the driver and passengers being fined for seat belts, the transportation of a child without special equipment is also an offense. Last year it was equated to punishment for driving with an unfastened seat belt. However, today, offenders will face a more serious punishment. For transportation in the front passenger seat, the child must sit in a special device, and in the back row on a child seat or be wearing a seat belt designed specifically for the child. If these rules are violated, then adults will have to pay a fine, which today is 3 thousand rubles.
An ordinary belt is not suitable for children. After all, he will not succeed in ensuring safety with a device for adults. Baby seats have their own seat belts. If there is no way to purchase it, then special adapters for children are mounted.
The fine for seat belts or the absence of a child seat in this case is paid by the driver. If this sum seems insignificant to someone, it’s worth considering that you endanger children's life! The belt prevents not only injury during an accident, but also death.
About the airbag
Some drivers do not buckle up because they believe that the airbag will do its job if necessary. However, she herself will not protect you and passengers in an accident. Moreover, experts assure that if a person is not fastened, it can even harm him. Indeed, in a collision, the body quickly moves forward. But the belt is able to hold the body. Then the airbag fixes the position of the head, which until then was free. At the same time, the load on the neck is also minimized.
But in the absence of a belt, the body will push away from the pillow and, not being fixed, can hit some element of the machine. Thus, there is a great danger of injury. Therefore, you should know that the pillow is not a replacement for the belt. It serves only as its complement.
If you do not agree with the fine
If a traffic police officer stops the car and finds that the driver or passengers are not fastened, he will write a protocol and the offender will have to pay a fine for seat belts. But it happens when drivers do not agree with this. Then the law provides for the possibility of filing a complaint. It is drawn up in the name of the head of the department to which the employee who made the protocol belongs.
The circumstances are different and are indicated in the complaint. But how effective can this tool be?
Complaint and driver disagreement
At many auto forums you can find tips on how to file a complaint if the driver does not agree with the penalty for not wearing a seat belt. Is the penalty then worth challenging?
As practice shows, judges do not take the side of drivers if they cannot prove their innocence. This is confirmed by the decisions of many cases that the courts decided not in favor of the complainants.
For some reason, some drivers believe that if a traffic police officer did not photograph the violation on a video camera, he will not prove the offense. However, this is not at all true. And numerous court decisions when considering such cases are proof of this.
If you decide to get legal advice, then avoid free “help”. We all know about cheese in a mousetrap. Unfortunately, “free services” also touched this area. At best, they will turn out to be useless, and at worst, alas, useless and expensive.
Tips experienced
At auto forums you can find many similar tips on what to do if a fine without a seat belt is received while driving. About the "usefulness" of one of them, when they recommend asking employees for video confirmation that they were traveling without insurance, we talked about. But there are others similar to this.
For example, it is advised to ask a traffic police officer to draw up a protocol where they write in the corresponding column “I need the services of a defense attorney”. Obviously, they hope that the court will perceive the phrase as a violation of the law by an official? However, firstly, administrative cases are not criminal, where, if necessary, free legal assistance is provided, and secondly, the drawing up of a protocol refers to such a procedural action as initiating a case. And at this stage, protection is not provided at all.
Well, another advice that is often found concerns the right to appeal against the actions of a traffic police officer. How useful it is already becoming clear. However, this tool is still worth resorting to if you have a real confirmation of your innocence. Which one? Let's find out.
Iron protection against unlawful fines
The main reason for confirming your innocence is only data from a DVR equipped with two cameras. This is the whole importance of protection. That is, not one camera and not two DVRs with cameras should be installed, namely one DVR with two cameras. Then one of them, directed to the road, will prove movement or, conversely, parking. The second will show the driver at that moment. This will become a sufficient basis for the court to dismiss the case.
There is one more option. The appeal will end in your favor if it can be proved (by the testimony of witnesses, audio or video materials) that the traffic police officer and the recipient of the fine have developed an unfriendly relationship. However, today it is unlikely that there will be such an employee who will scream and threaten. After all, today everyone can shoot video. Therefore, most often officials hold themselves together.
Thus, if there is no iron evidence of innocence, you will have to pay fines for the traffic police. A seat belt must be provided in any vehicle. And if he is in a malfunctioning state, then this is the driver’s fault, and he will also be punished.