Is a passenger required to wear a seat belt in the back seat of a car?

Fine for not wearing a seat belt

Who is required to wear a seat belt? In short, everyone in the car wears a seat belt - the driver and passengers. According to traffic rules, the driver does not transport passengers if they are not wearing seat belts. If the car is designed with belts, you cannot drive without them.

These rules are not a formality. According to the traffic police, in 2021, 19% of drivers killed in car accidents did not use seat belts. Among passengers, 22% were also not wearing seat belts at the time of the accident. Driving without seat belts increases the likelihood of a fatal accident, so they must be worn at all times.

Who is fined? You can be fined:

• driver - for driving without a seat belt, unbelted passengers or a child without a child seat;
• the passengers themselves - for not fastening their seat belts.

How is a violation detected? Traditionally, a traffic police inspector fines someone for not wearing a seat belt. He sees that the driver is driving without a belt, stops him and draws up a report.

In Moscow, since the end of 2021, fines from cameras for seat belts have appeared - 8 devices in different areas of the city can record this violation automatically. The camera takes up to 25 photos per second and sends them to the server. The materials are studied by a computer that has been trained to identify the steering wheel, hands and seat belt in the photo. If the belt is not visible in the pictures, the computer generates material about the violation - based on it, the traffic police officer draws up a resolution.

If the fine for not wearing a seat belt comes from a camera, the resolution will contain a photo of the violation. The driver’s face is not visible on it, but the traffic police keeps the original photo in case of appealing the fine

The need to use seat belts

The need to use a seat belt when traveling in a car is constantly discussed and written about. Globally, it began to be introduced into traffic rules in the mid-20th century, and the Soviet Union introduced universal use of the seat belt in the late 1970s. Despite such prolonged use and various fines, not everyone has yet acquired the “fastening” skill.

The results of a study carried out by VTsIOM in 2021 show that 76% of drivers use a seat belt (in 2007 there were 32%), 5% neglect it completely, the rest use it sometimes, inconsistently. Passengers who sit next to the driver: 60% always follow the rules, 26% sometimes, 14% never. Those who sit in the back seat of a car: 20% always wear a seat belt, 32% occasionally, 48% do not use a protective device at all.

Here are some real data that show the benefits of this device.

A person weighs 1,000 kg during a collision, even at a speed of 10 km/h.

At a speed of 60 km/h, the impact will be comparable to that of a person jumping from the 6th floor. At 80 km/h - from the 9th floor, respectively, at 110 km/h - from the 16th floor.

According to data, 80% of car accidents where a seat belt is not used as intended occur in the city.

A fastened person increases the opportunity to save his life by 2.4 times (70%):

• during a frontal collision - 2.3 times;
• during a side impact – 1.8 times;
• during a revolution or capsizing - 5 times.

Neglect of a protective agent is one of the important factors that leads to a tragic result. Over 90% of drivers who died were speeding and were not wearing a seatbelt. For those who doubt the benefits of seat belts, a study was conducted in Sweden of 28,780 accidents involving cars equipped with seat belts and cars without them:

Considering the importance of the protective device, which is one of the main reasons for the safety of people’s lives in a car, manufacturers of technical equipment regularly update its design, and government agencies periodically change and increase requirements. Let us examine the important provisions regarding the use of seat belts that are in force in Russia.

Fine amount in 2021

Fine for not fastening a seat belt for the driver. For driving without a seat belt or transporting unbelted passengers, you will be fined 1,000 rubles. This amount does not increase if passengers in addition to the driver are not wearing seat belts. But a decree can be issued several times a day at different posts if, after the first fine, the driver does not wear a seat belt.

The exception is when the car is not structurally provided with belts, as, for example, happens on vintage cars. If the car has belts, but they have been removed, the driver will be additionally fined 500 rubles for the malfunction.

Fine for not fastening a seat belt for a passenger. If a passenger does not wear a seat belt, he is violating traffic rules. The fine for this is 500 rubles or a written warning. Each unbelted passenger can be fined individually.

Fine for unbelted children. If you transport a child under 7 years old without a child seat, the driver will be fined 3,000 rubles. For legal entities, such as taxis, the penalty is stricter - 100,000 rubles. We wrote in detail about fines for driving without a child seat.

Let's look at all possible situations.

Are rear seat passengers fined for not wearing seat belts?

There is a common belief that passengers in the rear seats do not have to wear seat belts – for example, in a taxi. This is not true. Paragraph 2.1.2 of the traffic rules applies to all persons in the cabin of a moving car, and therefore a protocol will be drawn up for each passenger.

The rear row is removed from the front airbags, protection is provided only by the backrest of the seat in front and the belt. In many cases, an unfastened “rear” passenger on the highway during an accident flies out into the windshield, and begins to receive injuries while still inside the cabin on the body of the car.

If a passenger in the back seat has ignored the requirement of the rules, then he will be punished under Article 12.5, where the fine for wearing a seat belt in 2021 provides for the amount of 500 rubles while simultaneously collecting 1000 rubles from the driver for failure to ensure the safe transportation of people.

In what cases is a fine subject to appeal?

A fine for driving without a seat belt or an unrestrained passenger can rarely be contested, especially if the driver actually violated the rule. But there are four situations when it's worth a try.

Another person was driving. It happens that a car owner gave a car to a brother or friend, but he violated it. The owner of the car will receive a fine for driving without a seat belt. In order not to pay for another person, send a complaint to the traffic police and attach to it the evidence of the real driver and a copy of the insurance policy, if the offender is registered there.

I received a fine for selling a car. This often happens when the buyer signs an agreement, transfers money, but does not re-register the car in his name. The previous owner continues to receive fines. To correct this, attach to the complaint the purchase and sale agreement and the vehicle acceptance certificate, if any. At the same time, deregister the sold car - we wrote about how to do this.

The driver took off his belt after stopping. Sometimes the inspector notices that there is no belt after the car has stopped. The reason may be that the driver unfastened it to get documents. It is difficult to prove the case in this situation - you need recordings from a video recorder that records what is happening in the cabin.

The camera was wrong. With the advent of cameras that record fines for belts, there will certainly be erroneous decisions. If the photo shows that the driver’s belt is on or it blends in with dark clothing, feel free to complain.

Belly loop

Before driving, the driver must buckle up himself and make sure that his passengers do the same.

When using old-type belts without automatic tensioners, it is necessary that the gap between the body and the belt is no more than 3 cm. A belt that is too loose will jump off when the car hits and can turn into a stranglehold. Meanwhile, such belts are very uncomfortable. Fortunately, they are already found mainly on retro models.

When using belts with tensioners, drivers also take liberties. The biggest mistake is leaving the loop on the lower back. When boarding, many people do not always tighten the belt to press themselves tightly into the seat. However, this is very dangerous. At the moment of a frontal impact, the 20 cm of free space left on the lower back results in broken necks.

The fact is that the center of gravity of a person is located on the lower back. When the car suddenly slows down, the center of gravity moves forward, dragging the whole body along with it. The person does not lie down on the belt with his chest, but dives under it, slides sideways and flies forward at the very moment when the airbag shoots towards him. The belt fails to properly guide the person onto the pad, and it hits him in the face at a speed of 300 m/s. As a result, the driver or passenger receives severe injuries, as if from a knockout blow from a heavyweight boxer. Therefore, when getting into a car, it is better to tighten the seat belt tightly to the lower back. The upper strap will attract itself due to the tensioner being activated.

Who should pay the fine if the passenger in the car is not wearing a seat belt? More details

How to appeal a fine

Appeal procedure. You can file a complaint against a fine decision within the first 10 days from the date of the document. The complaint will have to be sent by regular mail to the regional traffic police department.

If the complaint is rejected, you can go to court. Before doing this, we recommend that you contact a lawyer who will file a claim.

Sample complaint. In your application please indicate:

• addressee - the position and name of the head of the traffic police department, whose employee issued the protocol. It can be clarified by phone on the document or you can simply send a complaint to the regional head of the inspection;
• your details - name and phone number;
• circumstances - when and where the inspector recorded the violation and why you do not agree with it;
• a request to cancel the decision;
• applications that prove innocence.

Sample application to appeal a fine from a camera

Remember: responsibility for not fastening your seat belt

1. In the car, the driver and all passengers are fastened in the front and rear seats.
2. If you don’t wear your seat belt, you will be fined by the traffic police inspector, and in Moscow you may receive a fine from a camera.
3. The fine for the driver is 1000, for the passenger - 500 rubles.
4. For transporting a child under 7 years old without a seat, you will be fined 3,000 rubles.
5. You can appeal the fine if you were not the driver, the car has already been sold, you removed the belt after stopping, or the camera made a mistake.
6. To challenge the decision, send a complaint to the traffic police and attach evidence to it. If you receive a refusal, go to court.

All articles by the author: Ilya Novikov

Traffic regulations on seat belts

In accordance with the traffic rules, when driving a car equipped with seat belts, the driver must be fastened himself and carry passengers only if they are fastened. If we are talking about a motorcycle, it is allowed to wear a fastened helmet. The same applies to passengers.

It is also the responsibility of the passenger to wear a seat belt and, if riding a motorcycle, to wear a motorcycle helmet. Thus, everything is simple - there is a belt, you need to fasten it.

Expert opinion

Evgeniy Romanov

Lawyer, specializes in protecting rights in areas related to traffic rules, insurance and disputes with the traffic police.

Before November 20, 2010, there were a few exceptions that allowed you to not wear a seat belt: driving instructors, passengers, and emergency drivers. At the moment, such exceptions are not relevant.