Surely any parent has heard at least something about the fact that children under 12 years of age can only be transported in a car in a special child seat. Is this really so and what threatens violators? What is the danger of transporting children without and what to do if there is no seat, but you need to go on the road?
Why do you need a car seat?
If the family has a car, conscious parents most often buy a car seat. The device allows you to free up a mother’s hands when the child is very small, or to entertain a preschooler on the go, using special stands for games and food. But children are often transported without child seats, even to a common situation: spouses have one car, and the child travels in it quite rarely, for example, once a month to the clinic and sometimes to visit relatives. From an economic point of view, it is indeed cheaper to pay a fine than to purchase a special seat. What can we say about rideshares and taxis: of course, when you urgently need to get somewhere, parents, without hesitation, sit their children next to them or hold them in their arms. But don’t forget the baby’s safety. In the event of an accident or normal sudden braking, a child can be injured, sometimes very seriously.
Is it possible to transport children without child seats?
The main function of a car seat is to secure the baby’s body. And if seats for the little ones are cradles, with a sleeping position and fastenings for a table or shelf, then chairs for preschoolers often do not have a backrest at all, their task is to lift the child relative to the belt. Let's return to the legislation of the Russian Federation: the wording states that the child must be properly restrained using a car seat or other device that can help with this. In practice, such transportation of a child without a seat still entails a fine. Traffic police officers rarely believe that a blanket or pillow can help a child fit in a car more comfortably.
How to organize the transportation of a child?
Problems often arise when ordering a taxi. Fines for the absence of a child seat are quite high, and many drivers prefer to refuse to transport passengers with children, thereby violating traffic rules in the absence of a seat. At the same time, there are companies specializing in transporting children. In any case, if transporting children on a bus does not suit you, when ordering a taxi, it makes sense to indicate your wishes regarding a special seat. Do not forget to indicate the age, weight and passenger: after all, all car seats are different. Be prepared to pay a little extra for traveling in a car with a child seat. If you decide to transport your child at your own risk, placing a pillow under his back and fastening him with a belt, do not forget that this is only allowed in the back seat. But child car seats can be installed anywhere, provided that their mountings are compatible with the front seat. And yet, transporting children without child seats is a dangerous undertaking; do not spare money on buying something, the absence of which could cost your baby’s health, or even life.
On July 10, 2017 (still in effect), new rules for transporting children in a car came into force in Russia.
Amendments to the rules for transporting children are contained in Government Decree No. 761, which was signed by Dmitry Medvedev on June 28, 2017.
Main changes:
Only car seats are now allowed for transporting children (the term “other devices” is excluded from the traffic rules)
Children from 7 to 12 years old can be carried in the back seat either in a car seat or with regular seat belts.
Children under 7 years old can only be transported in a car seat, no exceptions
Children under 12 years of age can only be transported in the front seat of a car in a car seat.
Children under 7 years old are not allowed to be left alone in the car.
In 2007, our country introduced liability for the absence or malfunction of a child car seat, the fine was 500 rubles.
Starting from 09/01/2013 to this day, for failure to comply with safety rules (Article 12.23, part 3) while transporting children, the driver will be required to pay a fine of 3 thousand rubles.
Transportation of children SDA 22.9 traffic rules dated June 28, 2017 N 761
According to the legislation of the Russian Federation, “transportation of children under 7 years of age in the back seat and up to 12 years of age in the front seat is carried out in vehicles equipped with seat belts, using child restraints that correspond to the weight and height of the child, or other means that allow the child to be fastened with using seat belts provided for by the design of the vehicle.”
Thus, in our country, small children can travel in infant carriers, car seats and boosters - seats without a backrest. The age and build of the child must correspond to the characteristics of the specific model of child car seat.
According to traffic rules, a car seat must have an intact frame without internal or external damage. There are no dents or cracks that could compromise the integrity of the seat. Car seat belt straps and car seats cannot be frayed or worn out, and locks and mechanisms must be in good condition.
The Car Seat Act allows a child car seat to be secured using the Isofix system or on a special base (belt or Isofix). Devices for transporting children are certified according to established rules.
Remember:
According to traffic regulations, a child car seat is installed in the back seat of a car. Statistically, the seats in the middle of the back seat and behind the driver are considered the safest. A child under 12 years of age cannot ride in the front passenger seat. The exception is infants who are transported in car seats secured against the direction of travel of the car. In this case, the front airbags must be disabled.
If there is a car seat in the cabin, but the baby is not transported in it - for example, the mother is holding him, this is still considered an administrative offense and is punishable by a fine of 3,000 rubles. Premature and low-weight babies should not be transported in arms, but in adapted “car seats”, which have an almost completely horizontal position and are equipped with a soft insert for newborns.
Fans of car travel to different countries: In Germany, if there is no child seat in the car, you will have to pay a fine of 40 euros. In Italy, the penalty amount is 71 euros, and in France – 90. The highest fines are observed in the USA. For not having a child seat, the fine can be up to $500.
Video of transporting children in a car, traffic regulations 2019
Filming in our store, NTV channel, program "Main Road" "
The legislation of the Russian Federation in paragraph 22.9 of the traffic rules lists the standards according to which the correct and legal transportation of children in a car must be carried out. The main task of parents is to guarantee the safety of children who must ride in a car, which takes into account the design of the vehicle.
The first thing every adult passenger or driver should understand is the age of the children; Until the age of 12, any child must wear seat belts and be in a special child restraint system while the car is moving.
All restraint devices sold on the Russian market must be selected in accordance with the age, weight and height of the baby, since, for example, child car seats have different configurations. It is worth noting that there is a reservation that a minor child under 12 years of age can be transported in the back seat, using other auxiliary means of protection, not forgetting the obligatory condition of fastening him.
Features of transporting children
If there is a need to transport your baby exclusively in the front seat, you will not be able to do without auxiliary restraint units. The rules for transporting children in a car warn against transporting young children under 12 years of age in the back seat of a motorcycle.
However, not all parents resort to measures provided for by law that can save the lives of their dearest people in the event of an accident. If a traffic police officer stops a person who is transporting a child without a special restraint device because he does not know about the need to use it and does not understand the full responsibility for violating the rules for transporting children, he will be fined.
The mandatory presence of a child restraint system or, as it is also called, a complex of individual parts, buckles and parts that can be adjusted, can save a child’s life and protect against injuries and falls during unexpected sudden braking. Along with the specialized seats that many car owners love, restraint devices such as a cradle (for babies), boosters and impact screens are available for sale. All these devices allow the car owner to easily attach any purchased unit to the car, which increases the safety of the child several times.
The design of all restraints is aimed at minimizing the risk of unpleasant or dangerous injury to a child that may occur with another vehicle, fence, or structure. Protected by a restraint device, the child is somewhat limited in mobility, but this is precisely what allows him to increase the chance of protecting himself from possible injuries.
It's no secret that the law on transporting children in a car for violation provides for the payment of a considerable fine, which deters people who do not want to pay a tidy sum from committing crimes. If a traffic police officer stopped a vehicle containing children under 12 years of age transported without a special restraint device, the first time driver will have to pay about 3,000 rubles.
Basic rules regarding transporting children in cars
Carrying children in the front seat
For quite a long time, transporting a child in the front seat of a car was completely prohibited by Russian law. This was due to the fact that the authorities could not find a single answer to questions regarding the possibility of transporting young children in the front seat, the minimum permitted age and the general correctness of such movement. The fact is that, judging by the nature of the injuries received by passengers in the car, people occupying the front seats received more serious abrasions and injuries. The second and third rows of seats in any car are safer, so they are recommended for transporting adults and children.
The traffic rules that were in force in the Russian Federation in 2016 made it possible to remove almost all the restrictions that for a long time were imposed on the permissibility of transporting children in the front seat. According to the new rules, transporting children in the front seat of a car is allowed even for infants, you just need to comply with all the requirements regarding their safety.
Simply fastening a seat belt, which is quite enough for an adult, will not be enough for a child; parents will have to get an additional restraint chair that matches the age, weight and, of course, height of the baby.
Rules for transporting babies under one year old
Just a year ago, infants who had not reached the age of 1 year could not be transported in the seat next to the driver’s seat, but now in the 2016 traffic rules there is no specific prohibition regarding this issue. Currently, it is possible to transport a baby up to 1 year old in the front seat; to do this, you just need to stock up on a special car seat-cradle, which must be installed on the seat and securely fixed while driving. This important aspect helps mothers, who are both the driver and the baby’s only companion, to look after their child at any time.
True, taking into account the different situations that may arise on the road, we can say with confidence that it is better and safer for children to be in the back seat, and a child should be accustomed to such a location almost immediately after he learns to sit on his own.
Transporting a child in the front seat of a car is, of course, convenient for the driver, who, in the absence of assistants, has to constantly turn to the baby to find out about his condition, thereby creating emergency situations on the road. However, over time, it is better to teach an older child to ride in the back seat, which will allow the driver to get rid of unnecessary objects that interfere with normal driving, in particular, children's toys. To prevent driving from tiring the baby too much, you need to equip him with a separate comfortable place that would allow the child to feel cozy and comfortable; In this case, special children's storage systems that will be attached to the front seat from the rear will not be superfluous. For especially restless children, you can get digital gaming or video panels, with the help of which the baby’s attention will be attracted to watching a cartoon or playing a game.
In order to know how to transport an infant in a car, it is enough to familiarize yourself with the traffic regulations and purchase a special car seat that will look like a small cradle. It is in such a device, securely attached to the seat, that infants can be transported calmly and safely. So, when all the previous recommendations are followed and the child is in the restraint unit located in the front seat, a caring parent will need to temporarily turn off the airbag function in order to avoid possible injuries in the event of an unexpected impact.
If you are transporting a child in the front seat of a car, then the car seat must be placed so that it faces the driver and not the road. However, when the baby is placed in the back seat, the cradle must be installed perpendicular to the movement of the car.
When a six-month-old child is transported in a car, the restraint seat must be positioned at a slight angle. It is worth noting that a car seat must be purchased immediately after the baby is born if there is a need to transport it in a car.
Rules for transporting children under 12 years of age
When choosing a car seat, it is necessary to take into account their varieties, which is why it is best to purchase such a unit together with the child, so that you can first “try on” the seat. Sometimes there are cases when you need to purchase a seat in the near future, since a long trip is expected in the near future, which cannot be done without a child restraint system, but parents cannot choose a model that would provide the most comfortable position. In this case, you should purchase a more suitable option; additional pillows or stands will help add comfort.
Special stands can be used to transport children The safest place in a car for a child is the second and third row of seats; the most favorable position is considered to be the seat behind the driver's seat. When choosing a chair, you should know that it belongs to a certain class that corresponds to the physiological parameters of the baby. It is worth noting that all data is averaged, so when purchasing, it is better to first find out about the convenience of the chosen model.
At the time of active growth of the child, most parents transfer the young family member to the front seat without a car seat, redirecting only the seat belts. However, transporting a child in the front seat of a car will only be correct if the direction of the belts is changed using restraint devices. A traffic police inspector who stops a car for inspection may express doubts about the legality of such transportation, therefore, in order to avoid a fine, it is better to purchase high-quality car seats that meet GOST. Car seats offered by domestic manufacturers are equipped with belts with proper fixation in the hip and collarbone areas.
Anyone wondering why 12 years of age is required for non-car seat travel should know that this is not a random number. Regular seat belts securely secure people taller than 1.5 m, which is the height that most teenagers reach by age 12.
Conclusion
So, parents should clearly remember that children, regardless of the duration of the journey in the car, must be in special restraints. Even if the travel time does not exceed 5 minutes, the journey must be safe. If the necessary conditions are not met and the safety of small passengers, in the opinion of traffic police inspectors, may be at risk, the driver will be fined, from which it will not be possible to “get away” with excuses or ignorance of the law. However, truly caring parents should be protected from crime not by possible monetary penalties, but by love for their child, which will not allow them to expose their beloved little person to danger.
Each driver must create conditions for his personal safety, as well as for the safety of passengers. This particularly applies to traveling with a child.
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The driver must remain attentive while driving. He must comply with all norms.
This regulation obliges the person driving the vehicle to comply with a list of certain actions. They are aimed at creating conditions for using the car in which the level of danger is minimal.
If you follow the rules of legislation, you can save a human life if you participate in.
What changes have occurred in 2020
In 2020, there are no plans to make changes to the traffic rules in the section containing information on the correct transportation of children. The last changes occurred on July 12, 2017. They touched upon paragraph 22 of the Russian Traffic Regulations.
Paragraph 22 talks about the prohibition of transporting children in the back of a truck. It does not matter whether there is an on-board platform or not.
Clause 26 regulates group transportation of minors. This should happen based on the rules of the Road Traffic Regulations.
A mandatory condition is that there is a notice on the bus that children are being transported on it. Such transportation is also regulated by a separate regulatory act, which contains requirements for the organized transportation of a group of children.
The child restraint system must be ISOFIX. The requirements for such a system are enshrined in the regulation “On the safety of wheeled vehicles”.
The changes that came into force in 2017 defined two categories of children by age:
- A child under seven years of age.
- A child between seven and 12 years old.
The rules provide for the specifics of traveling in a car for these two categories of children.
Rules for transporting children in a car according to traffic rules
Children must be seated in a seat that meets the requirements when the vehicle is moving. Such rules are contained in UNECE No. 44-04. It describes the regulations regarding child restraint devices in power-driven vehicles.
Such devices must have a certificate. In 2017, paragraphs that referred to other means were excluded. Accordingly, those devices that do not meet these requirements are prohibited from being installed for the transportation of children.
Legislative provisions prohibit the following actions in relation to a minor child:
- leaving a child unattended alone in a car while parked;
- transport children under twelve years of age on the back seat of a motorcycle;
- ride with children in a flatbed truck.
The requirement not to leave a child alone while parked applies to children under seven years of age.
Child from 0 to 1 year
Newborn children must be transported in car seats or infant carriers. The chair is believed to provide better safety.
Experts came to these conclusions after studying data on accidents that occurred. In 71% of cases, the seats prevented children from being struck and injured. The child must be positioned in the restraint system at the correct angle.
So the child’s back is located within 30-45% of the angular inclination. If it is greater than the specified indicators, then the safety for the child in the event of an accident will decrease.
When the child is at an angle less than the specified values, breathing difficulties may occur. This is due to the fact that the baby's head may fall forward and the blood is not saturated with sufficient oxygen.
The head of a newborn baby can be fixed with rollers. They must be made of fabric. Stacked on both sides. Such additional fasteners can be included with the car seat.
Legislative regulations prohibit the use of pillows and inserts that were not part of the restraint device. There is a possibility that they will cause the baby's head to fall.
The car seat for the little ones can be installed in the front seat. It must be secured with seat belts, which are provided with the vehicle. When transporting a child, the airbags are switched off.
Do not install a restraint system on the front seat unless the airbags are deactivated. If a collision occurs and the airbag deploys, there is a high risk of injury or death to the child.
Child under 12 years old
Clause 22.9 describes the procedure for transporting children under seven years of age. Thus, it is necessary to transport a child in a passenger vehicle and in the cab of a truck with child restraints installed.
This applies to those vehicles that provide:
- seat belts;
- ISOFIX retention system.
All devices must correspond to the baby’s weight category and height.This paragraph also talks about the rules for transporting a child aged seven to eleven years.
A child of the specified age category can be in the car while it is moving in compliance with the above requirements.
In addition, it is allowed to travel using seat belts in cars where they are included in the equipment.
If a child will ride in the front seat, it must be equipped with a child restraint system. Such a system must correspond to the height and weight of the minor.
All actions for installing devices are carried out according to the instructions that are attached to them.
Is it possible to sit in the front seat?
A child can ride in the front seat of a truck using seat belts from the age of seven.
When transporting a child in a passenger vehicle, persons over twelve years of age are allowed to ride in the front seat using seat belts.
In the front seat, a child under 7 years old can be transported in a restraint car seat (cradle). It must meet all regulatory requirements.
Facilities
Let's look at several means for transporting children in a car.
The FEST adapter is a certified holding device. It is designed for transporting children in vehicles. The device is worn on the seat belt with which the car is equipped.
Thanks to the adapter, the strap is moved from the child's neck towards the chest. The design of the device is similar to a triangle. This increases the chance of distributing the same load on the child’s body in the event of a collision.
There are models of the device with an additional strap that wraps around the child’s hips and fastens it more tightly. Such models are installed for transporting children weighing from nine to eighteen kilograms.
The second type of model is made without straps and is designed for children weighing from eighteen to thirty-six kilograms.
Priority characteristics of the product:
- compactness (does not take up space like a car seat);
- ease of installation;
- versatility (can be installed in any vehicle);
- reliability;
- absence of danger;
- low cost.
The device can be used when the child reaches a weight of nine kilograms.
This device is a cradle for cars to transport newborn babies in it. It also carries small babies.
The chair looks like a basket of strollers for walking. The carrycot is equipped with straps to ensure a safe ride. They are inside.
Installation of the cradle is carried out in the back seat of the car. The location of the cradle is perpendicular to the direction of movement.
The device must be secured with seat belts provided by the design of the vehicle.
Groups 0+ (carrying)
Such devices are used when transporting a newborn child until he reaches one year.
Car seat characteristics:
- cup-shaped frame;
- handle for carrying the device and the child;
- five-point seat belts.
This type of seat belts absorbs impact energy evenly during a collision. The device must be installed so that when driving the child's face is against the direction of the vehicle. This will avoid putting stress on the child’s body in the event of an accident.
Groups 1
Such a device is installed in the car when the child can sit independently and confidently. It is approximately used for children over one year of age.
Characteristics of the product:
- five-point seat belts;
- tilting the chair at which the child can sleep;
- holding table;
- The permissible weight of the child when using is 15-18 kilograms.
Such a device can be installed in the direction of movement of the car, as well as against the direction of travel.
Groups 2
This device is used to transport a child aged three to seven years. The seat is installed in the direction of travel. Often this type of seat is combined with the following type of car seat.
This remedy for traveling with a child by car is used when he has reached three years of age. The device is designed for up to twelve years. It is equipped with 5 machined belts to ensure the child's safety.
The belts pass through guides that are specially designed for this purpose. Car seats can be folded out to create a comfortable tilt so that the child can rest during the trip.
Booster
The restraint device has a seat, but it is not equipped with a backrest. Booster characteristics:
- robust design;
- armrests;
- guides for fastening seat belts.
In accordance with the Road Traffic Rules (SDR), as amended in force in 2020, the transportation of children is permitted provided that their safety is ensured, taking into account the design features of the vehicle (clause 22.9 of the SDR).
New rules for transporting children
With the introduction of changes to the Traffic Rules, the requirements for transporting children in child seats have changed.
Starting July 01, 2017 transportation of children under 7 years old in vehicles equipped with seat belts, it must be carried out using child restraint systems (devices) corresponding to the weight and height of the child.
Transportation of children aged 7 to 11 years (inclusive) in a passenger car and the cabin of a truck, the design of which includes seat belts or seat belts and an ISOFIX child restraint system, must be carried out using child restraint systems (devices) corresponding to the weight and height of the child, or using seat belts, and in the front seat of a passenger car car - only with the use of child restraint systems (devices) corresponding to the weight and height of the child.
It is prohibited to transport children under 12 years of age on the back seat of a motorcycle.
Conclusion. Thus, according to the new legislation, children under 7 years of age must be transported exclusively in child car seats, and children over 7 years of age in the back seat of a car can be transported without car seats, using other means that allow them to be fastened with standard seat belts.
This innovation is primarily associated with the refusal to use seat belt strap correctors-adapters. Thus, research conducted by NAMI has established that such adapters during an accident can cause more serious injuries to a child than their absence.
For reference. Previously (before July 1, 2017), the traffic rules provided that a child under 12 years of age could be transported in a car either using a car seat or using other means that would allow the child to be fastened using seat belts provided for by the design of the vehicle.
Prohibition of leaving children in the car
According to the new rules, it is prohibited to leave a child under 7 years of age in a vehicle while it is parked in the absence of an adult.
Responsibility for leaving children in a car without adult supervision is provided for in Part 1 of Art. 12.19 of the Code of Administrative Offenses of the Russian Federation (violation of the rules of stopping or parking vehicles) and is punishable by a fine of 500 rubles.
Children in the car, passengers, are among the most vulnerable road users, for whom drivers must exercise increased caution. In order to ensure their safety, drivers are required to comply with the Rules establishing the requirements for the transportation of children in vehicles equipped with seat belts; their transportation must be carried out using child restraints or other means that allow the child to be fastened using seat belts provided for by the design of the vehicle.
Fine for transporting children without child car seats
For failure to comply with such a requirement in 2019, administrative liability is provided under Part 3 of Art. 12.23 of the Code of Administrative Offenses of the Russian Federation and the imposition of an administrative fine on the driver in the amount of 3,000 rubles; for officials – 25,000 rubles; for legal entities – 100,000 rubles.
Conclusion. The fine for violating the transportation of children is 3,000 rubles. Please note that the fine under Part 3 of Art. 12.23 of the Code of Administrative Offenses of the Russian Federation, you can pay with a discount of 50%, that is, pay not 3 thousand rubles, but 1500 rubles.
You can read about the rules for issuing a traffic police decision when a driver violates traffic rules in the article at the link.
Requirements for child car seats according to GOST
The fact that children must be transported in car seats is enshrined in the traffic rules, but the question arises - what should these seats be like to ensure safety when transporting a child and is it possible to use boosters, belt clips, FEST adapters, etc.
Requirements for child car seats that are permitted for use when transporting a child (during transportation in which administrative liability does not arise) are established in GOST R 41.44-2005 (UNECE Rules No. 44). “National standard of the Russian Federation. Uniform regulations regarding restraint devices for children in motor vehicles" (approved and put into effect by Order of Rostekhregulirovaniya dated December 20, 2005 N 318-st).
In accordance with GOST R 41.44-2005 child restraint system(child restraint systems) are a set of elements consisting of straps or flexible elements with buckles, adjusting devices, fastening parts and, in some cases, an additional device (for example, a carrycot, a removable child seat, a booster seat and/ or impact shield) which may be attached to the interior of the vehicle body. The device must be designed in such a way that, in the event of a collision or sudden braking of the vehicle, it reduces the risk of injury to a child in the restraint by limiting the movement of the child's body.
In this case, child restraints are divided into five weight groups:
- group 0 (group 0) - for children weighing less than 10 kg;
- group 0+ (group 0+) - for children weighing less than 13 kg;
- group I (group I) - for children weighing 9 - 18 kg;
- group II (group II) - for children weighing 15 - 25 kg;
- group III (group III) - for children weighing 22 - 36 kg.
GOST also establishes that child restraint devices can be of two designs:
- whole(integral class), including a set of straps or flexible elements with a buckle, an adjustment device, fastening and, in some cases, an additional seat and/or an impact shield that can be attached using its own integral strap or straps;
- not whole(non-integral class) comprising a partial restraint which, when used in combination with an adult seat belt around the body of a child or a restraint occupied by a child, forms a complete child restraint;
GOST requirements allow the use of not only one-piece car seats, but also other devices that ensure safety when transporting children, which include:
- partial restraint partial restraint: A device, such as a booster cushion, which when used in combination with an adult seat belt around the child's torso or a child restraint, forms a complete child restraint;
- extra pillow(booster cushion): An elastic cushion that can be used with any adult seat belt;
- guide strap(guide strap): A strap that holds the shoulder strap of an adult seat belt in a position where it can be used for children, and the actual position at which the shoulder strap changes direction can be adjusted by a device that moves up or down the strap depending on the location of the shoulder and fixed in this position. The guide strap should not be subjected to significant dynamic load.
Thus, GOST requirements allow the transportation of children over 7 years of age in a booster seat, subject to the obligatory condition that the child is fastened with standard seat belts.
Similarly, it is permitted to transport children using a “scarf” worn on the car’s seat belts if it is capable of changing the direction of the shoulder strap depending on the location of the child’s shoulder.
Judicial practice on appealing decisions of traffic police inspectors for violations of the rules for transporting children
Initially, the courts, when considering complaints from drivers and their representatives, proceeded from the fact that a child under 12 years of age should be transported only in child car seats, however, a number of decisions of the Supreme Supreme Court of the Russian Federation clarified the situation in this matter and recognized the actions of the driver as legal if he transports the child in a booster seat (pillow) fastened with the standard seat belts of the car.
Thus, by Resolution of the Supreme Court of the Russian Federation dated June 29, 2016 N 18-AD16-153, it was declared illegal to engage the driver A.A. Latyshev. to administrative liability for the fact that he, in the area of house 26 on Mayakovsky Street in the city of Korenovsk, transported in the back seat of a car a child under the age of 12, fastened with a seat belt, without a special child restraint device (the driver was transporting a child in a special restraint device (booster seat) fastened with an adult seat belt).
In the decision on the above case, the Supreme Court of the Russian Federation explained that transportation of children under 12 years of age in the back seat of a vehicle is possible using both child restraint devices corresponding to the weight and height of the child, and other means that allow you to fasten your child using seat belts.
The resolution of the Supreme Court of the Russian Federation dated July 23, 2015 in case No. 46-AD15-28 also declared illegal the decision of the traffic police inspector to impose an administrative fine on the driver in the amount of 3,000 rubles for violating Part 3 of Art. 12.23 Code of Administrative Offenses of the Russian Federation. In this case, the driver was transporting a child aged 5 years old on a cushion in the back seat of the car, fastened with a seat belt, without a special child restraint
The Supreme Court in its decision, referring to the requirements of GOST R 41.44-2005, also indicated that transporting children under 12 years of age in the back seat of a vehicle is possible using both child restraint devices corresponding to the weight and height of the child, and other means allowing Fasten the child using seat belts.
Attention. Taking into account the changes made to the traffic rules, from July 1, 2017, only children over 7 years old can be transported without car seats in the rear seats of a car. Transporting young children using other means that allow the child to be fastened with seat belts is not permitted under the new rules.
Judicial practice when transporting children using FEST belt covers
Court decisions indicate that bringing drivers to administrative liability for violating the rules for transporting children under Part 3 of Art. 12.23 of the Code of Administrative Offenses of the Russian Federation, in the event that the child was fastened only with seat belts using the FEST adapter (without a booster or pillow) legally.
Thus, by resolution of the Kurgan Regional Court dated June 24, 2016 No. 4A-258/2016, the decision of the traffic police inspector of the traffic police of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the city of Kurgan to bring the driver to administrative liability under Part 3 of Art. 12.23 of the Code of Administrative Offenses of the Russian Federation imposing a fine of 3,000 rubles for transporting a child restrained using a FEST restraint device without an additional pillow.
The court ruled that the driver’s arguments that he was transporting the child restrained using the FEST device do not have significant significance for the correct qualification of his actions for the following reasons. At the same time, the court indicated that the mere fact of transporting a child restrained using a FEST restraint device without an additional pillow cannot be considered sufficient to conclude that the driver complied with traffic rules for transporting children.
IMPORTANT. Thus, transportation of children under 7 years old, fastened using a FEST restraint device or using a triangular adapter (as well as children from 7 to 11 years old - without an additional pillow or booster) – prohibited.
Transporting children in the front seat without child car seats is not permitted.
Judicial practice in this case clearly interprets the law and demonstrates the legality of holding drivers accountable for transporting children under 12 years of age without child seats in the front seat.
Thus, by the resolution of the commander of the ORDPS OGIBDD of the Ministry of Internal Affairs of Russia "Rubtsovsky", the driver was found guilty under Part 3 of Art. 12.23 of the Code of Administrative Offenses of the Russian Federation and was punished with an administrative fine in the amount of 3,000 rubles for transporting a child under the age of 12 in the front seat of a car without a special restraint device. The decision was recognized by the courts as legal and justified.
Prepared by "Personal Prava.ru"
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