Drivers who have children are often interested in the question of how old the law requires a child seat in a car. It became even more relevant after changes were introduced to the rules for the transportation of minors at the beginning of the year. Let's try to figure out in more detail how to properly transport small passengers in your car.
Not so long ago, the rules for transporting children from birth to 12 years old were the same. But since this year, one of the points of the traffic rules has changed. Now the rules for transporting children directly depend on the age of the baby.
Transportation in the first seat
The first step is to understand the terms - restraint, child car seat. Any of these options involves the installation of a special seat in the car. All chairs have a certain category, which depends on the age and weight of the baby. The device for preschool children must have seat belts. Passengers who are over 7 years old can be fastened with seat belts that are in the car. If the driver is going to transport a child in the front seat, then it is worth equipping it with a restraint that matches the age and weight of the passenger.
When installing a seat on the front seat, the driver must turn off the passenger airbag.
Infants
Infants, that is, up to 12 months, can be transported in a car only in special cradles. These devices are made specifically for the smallest passengers, whose weight does not exceed 13 kilograms. As a rule, such chairs have a special marking - 0 or 0+.
Children from 12 months to 7 years
For children from one to 7 years old, the following transportation rules are provided - children must necessarily sit in special chairs, marked 1, 2, 3. For mounting such devices, you can use car belts or. The passenger himself must be fastened with the belts that are in the seat.
Children aged 7 to 12 years
The rules for transporting children under 12 years old depend on where the child will sit. As holding devices can be:
- booster;
- armchair.
It is a special seat, which looks like a chair without a back. The booster is installed on the seat of the car. For the safety of the young passenger, it is necessary to fasten it with regular seat belts.
Transportation of children over 12 years old
Children who are over 12 years old are unlikely to be able to sit in special seats and boosters, so they can simply be fastened in the car with standard seat belts.
The law also allows the use of other devices to ensure the maximum level of safety when transporting a child. But this rule is not mandatory for drivers.
Until what age should a child be transported in a special seat
The age when a child should be transported only in a chair is indicated above, as is clear from the text - this is 12 years. Up to this point, children should only be transported using a special device.
The law establishes the following standards for the carriage of small passengers:
- up to 7 years old must be transported only in a seat that corresponds to the age and weight of the passenger;
- after 7 years, children can be seated in a child seat or booster. You can fasten them with standard belts;
- children under 12 years of age can only be in a special seat in the front seat. Also, the driver must turn off the security system, namely the front passenger airbag;
- Babies up to 12 months are transported only in special cradles.
What is the punishment for the violator
Any violation of the rules threatens the driver with penalties. Not an exception is the transportation of children without seats up to 12 years.
Please note that not only the absence of a seat in the car, but also can be considered a violation. Children must always be strapped in the car.
Any driver who transports a child must first of all think about his safety and follow all the rules. In the event that these norms were ignored, a penalty is inevitable.
For a private person in this case it will be 3 thousand rubles.
But these are not all the penalties that relate to the improper transportation of children under 12 years old. For example, if a driver leaves a child alone in the car, he will be punished with a fine of five hundred rubles. Also, the inspector can simply warn that this action is unsafe. But in Moscow and the northern capital for such an act, the fine will already be 2.5 thousand rubles.
The punishment is more serious if the driver is transporting several children, for example, a group of kindergarten or schoolchildren. Penalties for non-compliance with the rules and regulations for transporting children will be as follows:
- if the driver does not comply with the requirements of the law, then he will be fined 3 thousand rubles;
- if children were transported at night and violations were detected - 5 thousand rubles or deprivation of a driver's license for up to 6 months;
- if the car does not have a special designation - 5 thousand rubles.
It should be noted that at night, vehicles carrying a group of children must move at a speed of no more than 50 km / h. In this case, the distance of the route should not exceed 100 kilometers.
At the same time, the punishment for officials is 25 thousand rubles, and legal entities will receive a fine of 100 thousand rubles.
Conclusion
So, under the new laws, restraints must be used until the age of 12. At the same time, after 7 years, you can use a booster and fasten the child with regular seat belts. If the young passenger is riding in the first seat, then it is still worth buying a car seat for him. Otherwise, the driver will be fined.
Do not neglect these rules, yes - the seats are not so cheap, but the safety of the child at the time of the ride should come first. Please note that in accidents involving children who were not sitting in special devices, the mortality rate from injuries is almost 3 times higher. You should be aware that a passenger holding a child in the back seat will not be able to ensure safety in a car collision!
Until what age does a child need a child seat in a car? updated: September 17, 2019 by: admin
Surely any parent has at least heard something about the fact that transportation of children under the age of 12 in a car is allowed only in a special child seat. Is this really so and what threatens violators? What is the fear 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 your mother's hands when the child is very small, or to entertain a preschooler on the road, using special coasters for games and food. But often children are transported without child seats even on a common situation: the 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 rides and taxis: of course, when you urgently need to get somewhere, parents, without hesitation, put their children next to them or hold them in their arms. But do not forget the safety of the baby. In the event of an accident or normal hard braking, a child can be injured, sometimes very seriously.
Is it possible to transport children without child seats?
The main function of the car seat is to fix the body of the baby. And if the seats for the smallest are cradles, with a sleeping position and mounts for a table or shelf, then chairs for preschoolers often do not have a back at all, their task is to lift the child relative to the belt. We return to the legislation of the Russian Federation: the wording says that the child must be properly fastened with a car seat or other device that can help with this. In practice, such transportation of a child without a seat still provides for a fine. Traffic police officers rarely believe that a padded blanket or pillow can help a child fit in a car with greater comfort.
How to organize the transportation of a child?
Often problems arise when ordering a taxi. Fines for not having a child seat are quite high, and many drivers prefer to refuse to carry passengers with children, thus violating traffic rules, in the absence of a seat. At the same time, specializing in the transportation of babies appear. In any case, if transporting children on the bus does not suit you, when ordering a taxi, it makes sense to indicate your wishes regarding a special seat. Be sure to include your age, weight, and passenger as all car seats are different. Get ready for the fact that you will have to pay a little more for a trip in a car with a child seat. If you decide, at your own peril and risk, to transport a child, placing a pillow under his back and fastening it 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 attachments are compatible with the front seat. And yet, transporting children without child seats is a dangerous undertaking, do not spare money to buy things, the absence of which can cost your baby health, or even life.
Child safety on the roads is always in the area of close attention not only to the traffic police, but also to global manufacturers of more and more advanced car seats, cradles and special holders. It would seem that in modern society, a priori, the rules of careful handling of the life of a child should be observed and the achievements of technical means for this should be actively used. And yet, about half of car owners do not take the responsibility to take care of children seriously and do not fasten a child in the car with a seat belt. What punishment threatens such irresponsible drivers, we will understand in this article.
Current legal provisions
Let's start with the fact that the driver must monitor the safety of all passengers. It is he who bears full responsibility for the life and health of those who are lucky.
This axiom is complemented by a strict rule: all children of all ages must always be fastened before the car starts moving.
Ordinary seat belts used by adults cannot fully ensure the safety of children. If you still use such belts without a special design adapted for children, we remind you that in this way you endanger the child even more. A tape that is incorrectly located in relation to the body (in babies it is at neck level), on the one hand, will not hold children, and on the other hand, can lead to serious consequences in the form of fractures, even if the victim is not thrown out of the car during an accident.
The traffic rules provide for:
- if the child is transported in the rear passenger seat, then fixation should take place either using a special child car seat or conventional seat belts with a corrective device. What such a device should be is not said anywhere. Usually this is the so-called "corner" that regulates the belt tape, but theoretically it can be anything;
- if the child is riding in the front passenger seat, then its safety can only be observed with the use of a car seat.
Additionally, there are requirements for the automobile device itself for transporting children - it must be selected in strict accordance with the weight and age (height) of the child, and be in good order.
At what age can a child be transported without a child seat? The answer follows from the Rules of the Road:
- only after reaching the age of 12, if the child is in front as a passenger;
- for children sitting behind, the chair can not be used at all (but it is necessary to fasten it with the help of special devices).
Theoretically, it turns out that even infants who ride in the back seat can not be put in a car seat. There are few such cases, but still they occur: when a mother saves on buying a special infant carrier and simply fastens a baby wrapped in a blanket with ordinary belts. We will not dwell on how terrible the consequences of such actions of parents can be.
By the way, clause 22.9 of the Rules of the Road, which contains requirements to use a car seat for transporting minors under 12 years old, has been repeatedly challenged in the Supreme Court of the Russian Federation. After considering such applications, decisions were always made on the compliance of the specified paragraph of the SDA with Russian laws, as well as the Convention on Road Traffic. The decisions drew attention to the fact that small passengers are among the most vulnerable road users, in respect of whom safety requirements must be strictly observed.
Measures of responsibility
For a long time, the fine for an unfastened child was the same as for an adult not using regular seat belts - 500 rubles. Since 2013, the legislator, taking into account the statistics of road accidents involving children and, as it turned out, the lack of fear of drivers before such a loyal punishment, increased the size of the punishment to 3,000 rubles. At the same time, for the first time since May 2016, the same article provides for the responsibility of an official for the absence of a child seat - a fine of 25,000 rubles; and a legal entity - in the amount of 100,000 rubles.
Recall that a fine awaits not only those with a child traveling in a car without a child seat, but if any traffic violations related to the transportation of children are detected, the essence of which we already wrote at the beginning of the article.
Example #1. The mother of two was transporting preschool children in her car. At the same time, she transported one child, who was barely a year old, correctly, in an infant carrier, fastened in accordance with the instructions from the manufacturer. Another child, who was 6 years old, was seated by the mother on the so-called “booster” (a seat without reinforcements, armrests and back), without fastening the belts. Mom-driver was fined 3,000 rubles under Part 2 of Art. 12.23 of the Code of Administrative Offenses of the Russian Federation for violation of the requirements for the transportation of children established by the rules - namely, for an unfastened booster seat. The violator tried to appeal the fine imposed on her, but the court left her complaint unsatisfied, referring to the norm on the mandatory fixation of a child who is not yet 12 years old.
Example #2. The parent transporting the child was fined the same amount for using an inappropriate seat. So, a two-year-old baby was fastened in a restraint for children from 6 to 12 years old (the so-called group No. 3, from 22 kg to 36 kg). Even at first glance, it was clear that the chair is too large for a child, which does not meet safety requirements and excludes the possibility of use. The traffic police inspector drew up a protocol, where he pointed out a violation of clause 22.9 of the traffic rules. Evidence of the unfoundedness of the driver's subsequent complaint was the instruction manual for the car seat, where the manufacturer indicated characteristics suitable only for older children.
Changes are expected
What is the penalty for driving without a child car seat from January 1, 2017? The amount of the monetary penalty will remain the same, but some changes may still be made and they will affect the rules for transporting children.
Thus, for all children under the age of 7, the use of child car seats may become mandatory.
Example #3. In January 2019, the driver Nikonov E.A. was stopped, transporting his 6-year-old child in the back seat. The traffic police inspector made sure that the baby was fastened with ordinary seat belts, but with the use of a special corrector (adapter) that regulates the height of the tape in relation to the child's body. Thus it is Nikonov E.A. is not a violator of clause 22.9 of the Rules of the Road, he complied with the law and the safety of his son is ensured.
If Nikonov E.A. in a similar situation will be stopped in 2019, he may be subject to a fine of 3,000 rubles for not having a car seat, the use of which for children under 7 years old may become mandatory.
The initiators of the draft resolution (representatives of the Ministry of Internal Affairs), which proposed to amend the traffic rules and exclude the alternative to use a corrective device for preschool children, indicated the reason for their proposed changes in the explanatory note to the document.
So, in support of the need to adopt a legislative act, numerous studies and experiments related to transportation without a child seat in a car, but using a belt adjuster, were named. The results showed a significant difference in child safety. On average, the prevention of child mortality with the use of seat belts reaches a level of 19-52% (increasingly depending on the age category), and with the use of a special restraint device (that is, the same "car seat") - up to 80%.
To date, contrary to the information of some media outlets that claim the adoption of the amendments we have indicated, the legislative proposal is still a draft. It was planned to be discussed in the summer of 2016, but for some reason this did not happen, that is, there are no such changes in the traffic rules yet. Note that the same draft also provides for amendments prohibiting leaving children unattended in a closed car, for which it is planned to introduce a fine of 500 rubles in the Code of Administrative Offenses of the Russian Federation. This change has not yet been adopted at the highest level, no changes have been made to the administrative code and other laws.
| Question | Answer |
| * group 0 - designed for a child weighing 0-10 kg; * group 0+ - suitable for a child weighing less than 13 kg; * group I - suitable for children weighing 9-18 kg; * group II - suitable for a child weighing 15-25 kg; * group III - chairs designed for children weighing 22-36 kg. According to the traffic rules, it is forbidden to use a car seat that does not correspond to the weight parameters of the child. |
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| A child under 12 years of age can travel in a car only if a car seat is used, which corresponds to the weight and height of the baby. Instead of a seat, you can use other means to help fasten the child and the appropriate design of the vehicle. If a child under 12 years old is placed in the front seat of a car, it must be fixed only with a child car seat. | |
| * according to the traffic rules, the child must be transported in a car seat corresponding to his weight and height; * transportation of a child in a restraint is allowed both in the back and in the front seat of the car; * if a child is under 12 years old, he can only be placed in a car seat in the front seat of the car (pillows, boosters, adapters are prohibited). |
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| * 25 thousand rubles. for officials; * 3 thousand rubles. for the driver; * 100 thousand rubles. for legal entities. |
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| Yes, if you pay the amount of the fine within 20 days after the decision is made. |
The rules for transporting children determine what requirements the technical equipment of the car must meet. Their implementation can save the life of the baby in the event of a traffic accident.
According to statistics, the highest rates of child mortality in road accidents occur in cases where minor passengers were in the car in the arms of adults.
What do SDA 22.9 say about transporting a child in a car
Transportation of children
Article 22-9 of the Rules of the Road of the Russian Federation defines a list of requirements for the transportation of minors. On June 28, 2017, the Government of the Russian Federation, by Decree N-761, made some amendments to it.
Up to 7 years
According to the changes for children under seven years of age, the use of restraints in accordance with weight and height is mandatory without the possibility of replacing with any alternative. This condition applies to passenger cars and truck cabs, the design of which provides for the presence of seat belts and a restraint system of the European Isofix standard.
7 to 12 years old
Passengers between the ages of seven and eleven, inclusive, must either wear a seat belt or be seated in a vehicle-designed restraint. That is, for a child at this age there is a choice - either a special chair or a standard belt.
For safety reasons, the Ministry of Internal Affairs of the Russian Federation recommends that a passenger be carried in a child restraint even after they reach the age of seven.
In some cases, the use of a regular seat belt, rather than a car seat, can really be justified.
Examples are the following situations:
- The design features of the vehicle do not make it possible to place the required number of specialized seats.
- The physical parameters of the height and weight of the minor passenger exceeded the standard indicators by which the dimensions of the restraint are calculated.
- Transportation by passing cars in rural settlements or remote areas or in extremely difficult weather conditions.
- A sick child or a disabled person is transported in a car to an institution for medical care.
It is strictly forbidden to transport children under the age of 12 in the back seat of a motorcycle.
Over 12 years old
The traffic rules of the Russian Federation do not establish special requirements for the transportation of children over the age of twelve. In this case, the rules for adult passengers apply.
Penalty violation of the rules for transporting children
In accordance with paragraph No. 3 of Article 12-23 of the Code of Administrative Offenses, failure to comply with the requirements for the safe transportation of children in a car entails a penalty in the form of a fine. For individuals, its value will be three thousand rubles. For legal entities, the amount of recovery is 100 thousand rubles, for officials - 25 thousand rubles.
Improper transportation of minors in a car is both the actual absence of a special restraint device, and its installation in violation of the requirements of the installation instructions. The absence of a child seat attachment in the car is not a mitigating circumstance for the driver.
He has to make sure there is a chair. The requirement for the mandatory installation of the device is due to the design features of the car. The safety system provided by standard belts is effective only for passengers with a height of 1 meter 50 centimeters. If you use them for a person of smaller parameters, then the fasteners will simply pinch his neck area.
In the event of a traffic accident, even at low speed, the weight of the baby becomes ten times more. It is very difficult to keep him in such a situation, which exposes the small passenger to unreasonable danger, as he can fly forward through the windshield.
It is no coincidence that the age of twelve years is indicated in the requirements for the carriage of minors. Usually by this time they grow up to 150 centimeters. For a passenger with such parameters, it is already allowed to use regular car belts.
Special cases
Transportation in a taxi
The rules of the road apply to all vehicles, including taxis. In addition to administrative liability, the driver may also incur criminal liability. According to Article 238 of the Criminal Code of the Russian Federation, a violation of the rules for the transportation of minors in this case is the provision of services that do not meet the requirements for the safety of the health or life of the consumer. This legal norm establishes punishment in the form of:
- Fine up to 300,000 rubles.
- Mandatory work for up to 360 hours.
- Restrictions or imprisonment, or forced labor up to two years.
If the offense resulted in the death of two or more people through negligence, then the punishment is in the form of imprisonment for up to 10 years.
If the vehicle is not equipped with seat belts or they are two-point
Carrying out the transportation of minor children in a car in which, according to the technical device, special restraints are not provided, is interpreted by Article 12.5 of the Code of Administrative Offenses as transport management in the presence of unrepaired malfunctions. Punishment in this case is provided in the form of a warning or an administrative fine in the amount of five hundred rubles.
The regulations do not specifically state that children cannot be transported on seats with two-point seat belts. The required number of belt attachment points is also not specified anywhere.
However, for safety reasons, it must be remembered that the technical features of each restraint are aimed at the correct placement and fixation of the thoracic branch of the 3-point harness, which is not intended for use on a two-point harness.
Features of transportation in the front seat
Minors under 12 years of age must only be transported in the front seat of a vehicle using restraint systems. Devices in a passenger car or truck cab must be installed in accordance with their operating instructions.
When transporting children in the front seat, the following safety requirements must be observed:
- The passenger must be securely fixed with a specially installed restraint.
- It is strictly forbidden to hold the baby when landing in front only with a standard seat belt.
- Usually in all modern cars there is an airbag equipment for the passenger seat, which is located next to the driver. When transporting a small passenger on it, they must be turned off.
- For maximum safety, the seat must be pushed back as far as it will go.
- An infant should be seated so that it is facing the passenger compartment and with its back to the movement of the car. In this case, with a sharp impact, braking or an accident, a small passenger will move in the direction of movement. This will prevent injuries to the neck area and will not lead to more dangerous consequences.
Otherwise, if he sits facing forward, his head will fall back during sudden braking, which is fraught with very serious injuries.
How to transport a newborn from the hospital
There are no exceptions for infants in the rules for transporting children. They also need to be transported in special devices. There are three options for devices that are suitable for a newborn baby:
- Group 0-0+/I-II car seats are suitable from birth up to eighteen, twenty-five or thirty-six kilograms, depending on the model.
- Car seat-carrying 0+ is designed for children from birth up to ten to thirteen kilograms.
- Infant carriers 0+ are used from birth until the age of seven to eight months.
Choosing the right restraint is not easy, because on the one hand you want to ensure the safety and convenience of the baby, and on the other hand, you want to buy a really practical and durable thing.
To finally decide, you need to analyze all the advantages and disadvantages of each option. The main thing to remember is that the life and health of children is not an issue worth saving on.
Can children be left in the car
Paragraph 12.8 of the Rules of the Road states that it is forbidden to leave children under seven years old in a car in the absence of an adult next to them.
The Code of Administrative Offenses provides for liability for this in the form of a fine of 500 rubles (Article 12.19).
The driver will receive a penalty of 2,500 rubles for violating the rules for transporting children in the federal cities of Moscow and St. Petersburg.
However, if children are found in a closed car, the police may also initiate a criminal case under article 125 of the Criminal Code of the Russian Federation “Leaving in danger”. In this case, the age limit is set to 18 years. If the parents are found guilty, they face one of the following penalties:
- Fine in the amount of up to 80,000 rubles.
- Mandatory work up to 360 hours.
- Arrest up to three months.
- Correctional or forced labor for a period of up to 1 year.
- Imprisonment for up to 1 year.
Do not leave children unattended just for fear of punishment, but for safety reasons.
In accordance with the Rules of the Road (SDA), as amended in 2020, the transportation of children is allowed provided that their safety is ensured, taking into account the design features of the vehicle (clause 22.9 of the SDA).
New rules for transporting children
With the introduction of changes to the Rules of the Road, the requirements for transporting children in child seats have changed.
From 01 July 2017 transportation of children under 7 years old in vehicles equipped with seat belts, 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) appropriate for the weight and height of the child, or using seat belts, and in the front seat of a car car - only with the use of child restraint systems (devices) corresponding to the weight and height of the child.
It is forbidden to transport children under 12 years of age in the back seat of a motorcycle.
Conclusion. Thus, under the new legislation, children under 7 years old must be transported exclusively in child car seats, and children over 7 years old can be transported in the back seat of a car without car seats, using other means that allow them to be fastened with standard seat belts.
This innovation is primarily due to the abandonment of the use of corrector-adapters for seat belt straps. Thus, studies conducted at NAMI have established that such adapters during an accident can cause more serious injuries to a child than their absence.
For reference. Previously (until July 01, 2017), the SDA provided that a child under 12 years old could be transported in a car both using a car seat and using other means that 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 forbidden to leave a child under the age of 7 in a vehicle while it is parked in the absence of an adult.
Responsibility for leaving children in the 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 for stopping or parking vehicles) and is punishable by a fine of 500 rubles.
Children in the car are passengers, they are among the most vulnerable road users, in relation to which drivers should exercise extra caution. In order to ensure their safety, drivers are required to comply with the Rules establishing the requirements for the carriage 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.
Penalty for transporting children without child car seats
For non-compliance with such a requirement in 2019, administrative liability is provided for 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 violation of 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 can be paid at a discount of 50%, that is, pay not 3 thousand rubles, but 1,500 rubles.
You can read about the rules for issuing a traffic police decision in case of violation of traffic rules by the driver in the article at the link.
Requirements for child car seats according to GOST
The fact that children should be transported in car seats is enshrined in the traffic rules, but the question arises - what should these seats be like in order to ensure safety when transporting a child and whether boosters, scarves on a belt, FEST adapters, etc. can be used.
Requirements for child car seats that are approved for use when transporting a child (during transportation in which there is no administrative responsibility) are established in GOST R 41.44-2005 (UNECE Regulation N 44). “National standard of the Russian Federation. Uniform regulations regarding restraints for children in motor vehicles "(approved and put into effect by the Order of Rostekhregulirovanie dated December 20, 2005 N 318-st).
In accordance with GOST R 41.44-2005 child restraint system(restraint) (child restraint systems) is a set of elements consisting of straps or flexible elements with buckles, adjusting devices, attachment details and, in some cases, an additional device (for example, a cradle, a removable child seat, an additional seat and / or impact shield) that can be attached to the inside 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, the risk of injury to the child in the restraint is reduced by limiting the mobility of his body.
At the same time, 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 established that child restraints can be of two designs:
- whole(integral class) consisting of a set of webbing or buckle flexes, adjustment, attachment and, in some cases, an additional seat and/or impact shield that can be attached with its own integral webbing or webbings;
- incomplete(non-integral class) comprising a partial restraint which, when used in combination with an adult seat belt that wraps around a child's torso, or a restraint carrying a child, forms a complete child restraint;
GOST requirements allow the use of not only solid car seats, but also other devices to 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 a child's torso or a child restraint, forms a complete child restraint;
- extra pillow(booster cushion): 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 where the shoulder strap changes direction can be adjusted using a device that slides up or down the strap depending on the location of the shoulder and fixed in that position. The guide strap must not be subjected to significant dynamic loading.
Thus, the GOST requirements allow the transportation of children over 7 years old in a booster, with the obligatory condition that the child will be fastened with standard seat belts.
Similarly, children can be transported using a "gusset" worn on the car's seat belts if it is able to change the direction of the shoulder strap depending on the location of the child's shoulder.
Judicial practice on appealing the 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 baby 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 driver’s actions as legal if he transports a child in a booster (cushion) fastened with regular car seat belts.
So, by the Resolution of the Supreme Court of the Russian Federation of June 29, 2016 N 18-AD16-153, the involvement of the driver Latyshev A.A. was declared illegal. to administrative responsibility for transporting a child under the age of 12 in the back seat of a car under the age of 12, wearing a seat belt, without a special child restraint (the driver transported a child in a special restraint (booster) wearing an adult seat belt).
In the decision in the above case, the Supreme Court of the Russian Federation explained that the transportation of children under 12 years of age in the back seat of a vehicle is possible using both child restraints that correspond to the weight and height of the child, and other means that allow you to fasten the child with the help of seat belts.
The decision of the Supreme Court of the Russian Federation of July 23, 2015 in case N 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 Administrative Code of the Russian Federation. In this case, the driver was transporting a 5-year-old child in the back seat of the car on a pillow, fastened with a seat belt, without a special child restraint
The Supreme Court in its ruling, referring to the requirements of GOST R 41.44-2005, also indicated that transportation of children under 12 years of age in the back seat of a vehicle is possible using both child restraints that correspond to the weight and height of the child, and other means that allow fasten the child with the seat belt.
Attention. Taking into account the changes made to the traffic rules, from July 01, 2017, only children over 7 years old can be transported without car seats in the rear seats of a car. Carriage of young children using other means that allow the child to be fastened using seat belts is not allowed by the new rules.
Judicial practice in the transportation of children using capes on the belt of the company "FEST"
Court decisions indicate that bringing drivers to administrative responsibility for violating the rules for transporting children under Part 3 of Art. 12.23 of the Code of Administrative Offenses of the Russian Federation, if the child was only fastened with seat belts using the FEST adapter (without a booster or pillow) legally.
Thus, by the decision of the Kurgan Regional Court of June 24, 2016 No. 4A-258 / 2016, the decision of the traffic police inspector of the traffic police of the traffic police of the Ministry of Internal Affairs of Russia for the city of Kurgan to bring the driver to administrative responsibility under part 3 of Art. 12.23 of the Code of Administrative Offenses of the Russian Federation with the imposition of a fine in the amount of 3,000 rubles for the transportation of a child fastened with the FEST restraint without an additional pillow.
The court ruled that the driver's arguments that he was transporting the child fastened with the help of the FEST device were not essential for the correct qualification of his actions for the following reasons. At the same time, the court pointed out that the mere fact of transporting a child fastened with the FEST restraint without an additional pillow cannot be considered sufficient to conclude that the driver complied with the traffic rules for transporting children.
IMPORTANT. Thus, the transportation of children under 7 years old, fastened with a FEST restraint or with a triangular adapter (as well as children from 7 to 11 years old - without an additional pillow or booster) - prohibited.
Transportation of children in the front seat without child car seats is not allowed
Judicial practice in this case clearly interprets the norms of the law and testifies to the legitimacy of bringing drivers to responsibility for transporting children under 12 without child seats in the front seat.
So, by the decision of the commander of the ORDPS of the OGIBDD MO 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 lawful and justified.
Prepared by "Personal rights.ru"
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