Penalty for seat belts: size, requirements and recommendations
One of the simplest means of providingsafety on the road to the driver and passengers, is the seat belt. Unfortunately, not all drivers are aware of this rule. Therefore, in 2016 it was decided to increase the penalty for seat belts. All cars must be equipped with a working device. Otherwise, the inspection will not work.
According to the SDA, before the movement, the drivermust be buckled up, and also make sure that passengers do it in the cabin. The exception is only the driving instructor conducting the occupation, and employees of special services, whose vehicles are marked with the appropriate signs.
Penalty for driving without a seatbelt
So, fastened while driving must be not only the driver. If a traffic police officer stops a car where people do not fasten their seatbelt, the penalty will be in the following cases:
- If the seat belt is not fastened to the driver.
- Do not wear the passengers.
- When transporting the child there is no special device.
The amount is different, and the main responsibility for this lies with the driver.
Driver's seat belt
The current version of the Administrative Code of the Russian Federation provides forpunishment for the driver who drives the vehicle unattended. The amount of the penalty for the seat belt is one thousand rubles. At the same time, the penalty is not added up if this offense is observed in passengers staying in the car.
At the same time, if you have been fined, it is notmeans that you can safely continue the movement in the same way, motivating your behavior by having already been paid for the offense. You can be fined a second time, and a third, and so on for the same thing, if you do not buckle up.
The duty is extended only when the car moves. However, when there are a lot of cars on the road, it is better to stay attached even when stopped.
Seat belt for passengers
According to the current Code of Administrative Offenses of the Russian Federation, passengers shouldfasten your seat belts in the same way as the driver. What penalty for the seat belt will be imposed on the passenger? Today its size is 500 rubles. But a traffic police officer in this case can simply warn the passengers, as well as the driver, so that they follow the rules in the future. Sometimes this is recorded in writing.
In public transport, as a rule, there are no seat belts. But if they are, use them.
Carriage of a child without accommodation
In addition to the fact that the penalty for seat beltsexpects the driver and passengers, an offense is also the transportation of the child without special adaptation. As early as last year, it was equated with the penalty for driving with a seat belt unfastened. However, today more serious punishment is waiting for the offenders. For transportation in the front passenger seat, the child must sit in a special device, and in the back row - on the seat for children or be fastened with a seat belt designed specifically for the child. If these rules are violated, then adults will have to pay a fine, which for today is 3 thousand rubles.
For children, a normal strap is not suitable. After all, it will not be possible to provide security with accommodation for adults. In the child seats provide their own seat belts. If it is not possible to purchase it, then mount special adapters for children.
Penalty for safety belts or lack ofa child seat in this case is paid by the driver. If this sum seems to be insignificant to someone, it is worth considering that you put your child's life in danger! The belt prevents not only injury during an accident, but also a fatal outcome.
About the airbag
Some drivers do not fasten, asbelieve that the airbag, if necessary, will do its job. However, it does not protect you and passengers during an accident. Moreover, experts assure that if a person is unfastened, she can even harm him. After a collision, the body quickly moves forward. But the strap is able to hold the torso. Then the airbag fixes the position of the head, which before that was free. At the same time, the load on the neck is minimized.
But in the absence of a belt, the body will push away frompillows and, without being fixed, can hit on some element of the machine. Thus, there is a great risk of injury. Therefore, you should know that the pillow is not a replacement for the belt. It serves only as a complement to it.
If with a fine you do not agree
If a traffic police officer stops the car andfound that the driver or passengers are not fastened, he will write out the protocol, and the offender will have to pay a fine for the 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 drafted the protocol belongs.
Circumstances are different, and they are indicated in the complaint. But how effective can this instrument be?
Complaint and disagreement of the driver
At many forums, you can find tips on how to file a complaint if the driver does not agree with the punishment for not fastening the seat belt. Is the fine worth it then?
As practice shows, judges do not stand on the side of drivers if they can not prove their innocence. This is confirmed by the decisions of many cases that the courts ruled against the complainants.
For some reason, some drivers believe that ifa traffic police officer did not record the fact of a violation on the video camera, he will not prove an offense. However, this is not at all the case. And the numerous decisions of the courts in considering such cases are a confirmation.
If you decide to get a legalconsultation, then avoid free "help". We all know about the cheese in the mousetrap. Unfortunately, "free services" also touched this sphere. At best, they will be useless, and at worst - alas, useless and costly.
At the forums you can find many similarcouncils, how to be, if a fine is received without driving a safety belt. On the "usefulness" of one of them, when they recommend to ask the employees for video confirmation of the fact that they went without insurance, we told. But there are others similar to this.
For example, it is advised to ask a DPS officerdraw up a protocol, where it is prescribed in the appropriate column "I need the services of a lawyer". Obviously, they hope that the court will take the phrase as a violation of the law on the part of the official? However, firstly, administrative cases are not criminal cases, where free legal aid is provided if necessary, and secondly, the drafting of the protocol refers to such procedural action as institution of proceedings. And at this stage, protection is not foreseen.
Well and other advice which often meets,concerns the right to appeal against the actions of a traffic police officer. As far as it is useful, it is already becoming clear. However, it is still worth resorting to this facility in case you have a real confirmation of your rightness. What kind? Let's find out.
Iron protection against an improper fine
The main reason for yourinnocence, only data from the DVR equipped with two cameras becomes. This is the whole importance of protection. That is, not one camera or two video recorders with cameras should be installed, namely one DVR with two cameras. Then one of them, directed to the road, will prove the movement or, conversely, the parking lot. The second will show the driver at the same moment. This will be sufficient for the court to stop the case.
There is another option. The appeal will end in your favor if it is possible to prove (by witnesses' testimony, audio or video materials) the fact that an employee of the DPS and the receiver of the fine have developed hostile attitudes. However, it is unlikely that today there will be an employee who will shout and threaten. After all, today everyone can make a video. Therefore, most often the officials keep themselves in hand.
Thus, if there is no iron evidenceinnocence, will have to pay fines traffic police. The seat belt should be provided in any car. And if he is in a faulty condition, it is the driver's fault, and he will also receive punishment.