SDA child in the back seat without a seat. Fines for transporting children without a car seat or what parents are fined for on the road

The rules of the road are almost constantly changing, and any motorist is obliged to follow them on their own. The same principle applies here as in other areas of law - "ignorance of the law does not exempt from responsibility." Great attention in their own interests should be given to the safety of transported children.

Age-related changes in traffic rules

From July 12, 2017, an updated version of the rules of the road is in effect. Legislators drew attention to long-standing problems, such as adjusting oncoming traffic or driving parallel to a tram. But one of the most anticipated innovations was a change in the rules governing the movement of children in cars. These changes are enshrined in clause 22.9. Now he says that it is possible to carry minors only in such a way that their safety is ensured taking into account the design specifics of the vehicle.


Toddlers up to 7 years old (0-6 years old inclusive)

At this age, transporting children inside a car or in the cab of a truck is allowed only with the use of special restraints that are selected according to the weight and height of the child.

If the design of the vehicle does not provide for seat belts (in combination with a special ISOFIX restraint system or separately), such a vehicle cannot be used. The new modification of the rules affects not only the movement, but also the parking of cars with children under 7 years old. Now it is forbidden to leave them without the presence of adults. The exception is the need to leave the car for 5 minutes or less.


Children from 7 to 12 years old (7-11 years old inclusive)

The age group from 7 to 11 years old inclusive in the same vehicles that meet the standard requirements can travel in two ways. They are allowed to ride without a seat in the car, using only seat belts, but the use of chairs is allowed and morally encouraged. This can be understood by the fact which item the legislator puts in the first place.

In the front seats at this age, travel is allowed strictly in protective seats.

It is forbidden to install special restraint devices in any way that is contrary to the instruction manual for the vehicle.


Those under 12 years of age are not allowed to ride on the rear seats of motorcycles. The division into groups up to 7 and up to 12 years seems quite reasonable, because even the behavior in such age groups differs very much. Some mysterious "other means of transport" have disappeared from the new edition. Drivers who transport school-age children in the back seats can now save money on special seats.

The justification for such changes is that restraint chairs help reduce injury to toddlers by 52-80% (depending on exact age).


The fine for complying with the mandatory rules for transporting children is 3,000 rubles.

Although it is possible to carry schoolchildren from 7 to 12 years old without a child car seat in the back seat, with a simple seat belt, experts still recommend choosing the most secure option.

There are exceptions, they are allowed due to objective circumstances:

  • children above 1.4 m and heavier than 36 kg;
  • movement of small disabled people;
  • delivery of sick children to medical institutions;
  • transportation of a child by taxi car or passing transport in remote, remote areas;
  • the need to urgently leave the area of ​​​​a natural disaster or bad weather conditions;
  • the need to carry in a car (in general or in the back row) a lot of people at once.


Those who are interested in whether children can be transported in a car without protective seats or not should familiarize themselves with not only the formal rules. There are inexorable statistics: in 2016, 94 of them died in 2142 accidents with minors (under 12 years old). Over 2400 were injured. Moreover, the death rate among those who are not restrained by protective systems or seat belts is increasing every year. Additional information about protective systems can be found in GOST 2005.


According to him, the holding device can be created by combining the adapter with the seat belt. The standard specifies the use of elastic cushions that complement any "adult" belt. You also need to use a guide strap that keeps the placement of the shoulder part of the belt suitable for children. According to the norms of the standard, the guide strap cannot carry a powerful dynamic load. Adjustment of its placement is carried out using a device that is shifted up or down.


Teenagers (12 years and older)

Teenagers (anyone over the age of 12) can travel using their regular seat belts without additional protection. For your information: those under the age of 12, but exceeding the established height and weight parameters, can move in the same mode - only in the rear seats. Adolescents with normal physical development are fully protected by standard restraints.


The choice of car seats for teenagers must comply with the European safety category ECE R44.03. The weight of the transferred load when choosing is much more important than the formal age classification, because the latter is advisory in nature.

Carrying children in the front seat

Children from 0 to 2 years old can only be moved in front of the seats equipped with car "cradles". In this case, small passengers should be oriented in the direction opposite to the direction of the car. From 7 to 12 years old, it is allowed to move children in both rows, but only in a special chair, carefully selected for the height and weight of the child. After the age of 12, children can be transported in the front seat with a seatbelt. The use of additional seats is optional.


fines

The widespread use of cars makes the question of how to transport children in a given situation very relevant. Responsible drivers try not only to avoid paying a fine for an unfastened child, for not having a seat, but also to guarantee maximum safety in principle. Previously, until the summer of 2017, it was allowed to use:

  • frameless systems;
  • "books";
  • seat belt adjusters.


But in the latest edition of the SDA, these funds are not mentioned at all. Therefore, their use is not allowed and even punished with a fine. A separate discussion deserves the movement of children by taxi cars. Since there is no special order for this case, the standard rules are used. Most specialized organizations use equipment to hold children in place.

Failure to comply with the established norm may result in disciplinary sanctions for the driver. They can be imposed by the management of organizations and the regulatory bodies of the auto enterprise. Administrative responsibility is applied to the driver himself in the prescribed manner.

Criminal punishment is applied to drivers, other employees of taxi companies, including their management, if the life and health of a minor passenger are in danger.

Administrative penalties can be expressed as:

  • corrective works;
  • administrative arrest;
  • verbal warning;
  • restrictions on the right to engage in certain activities.


If a taxi driver carries a passenger from 12 years old unfastened, he will have to pay 1000 rubles. When moving without a child seat belt, the amount of the fine is three times higher. His parents will have to pay only with the participation of at least one of them in the management. The amount of the fine does not depend on how many passengers travel at the same time. The seat belt must be used on all seats, regardless of row.

According to the Code of Administrative Offenses, officials of the enterprise who violated the rules for transporting children in a car must pay 25,000 rubles. A legal entity (organization) must pay one hundred thousand.


The use of boosters and adapters is unacceptable, especially in the case of small children. When the police check compliance with the rules for transporting children, they also check the presence of OSAGO.

Even installing a chair without actually using it is considered a violation.

Since the safety of children worries people even outside the context of fines, it is worth dwelling on this. It is unacceptable to purchase used car seats, they may have externally minor damage that impairs safety.

Universal car seats (designed for two or more age groups) are less safe than specialized versions. Category 0+ is considered more practical and convenient than "0". It is necessary to put such a chair along the course of the car until the child can sit on his own.

It is recommended to study the certificates and crash test protocols for the materials used. The placement of textile seams in the center of the head restraint causes inconvenience to some of the young passengers. Much more practical side fastening belts. It is advisable to buy the one that is better in orthopedic terms among two identical models in general. It is also important to check if the restraint straps are too short.

From what age a child can ride without a car seat, see the following video.

Everything you need to know about transporting children in a car: fines, rules, leaving a child in a car, child seats and restraints.

The latest changes in legislation regarding the rules for transporting children took place on July 12, 2017. They continue to operate in 2018. Consider how to properly transport children and what the driver should be aware of.

Leaving a child in the car

The first change occurred in paragraph 12.8 of the SDA. The innovation says that it is forbidden to leave children under the age of 7 in the car without adults in the car while parking. When leaving the car, the driver must take the child with him if the parking lasts more than 5 minutes.

For violation of this rule, punishment is provided under parts 1 and 5 of Article 12.19 of the Code of Administrative Offenses. The driver faces a fine of 500 rubles, and in Moscow and St. Petersburg - 2500 rubles.

Child safety

Paragraph 22.9 of the SDA regulates the procedure for transporting children with maximum safety for them. From innovations:

    it is forbidden to use Fast devices (triangle);

    it is forbidden to transport a child in a frameless seat:

    it is forbidden to fasten a child under 7 years old with seat belts;

    it is forbidden to transport a child under 7 years old on a booster.

The rule states that the child must be in a restraint or restraint appropriate for the age and weight of the passenger while riding. You can not buy a chair for growth. But you can use universal types of chairs that are designed for children from birth to 3 years old with a reclining back.

Children under 7 years old can be transported both in the back and in the front seat, but always in a child seat. Passengers over 7 years old can be transported in the back seat without a special device, but with. If a child is in the front seat, a child restraint is required.

Another innovation is the elimination of the ban on the transport of children in devices with ISOFIX mounts. These chairs are convenient because they do not need to be secured with standard seat belts. And if earlier a driver could be fined for such a device, then in 2018 this is not considered a violation.

These rules apply to cars and trucks. For the transport of children in other types of vehicles, special devices are not required.

Features of transporting children

It is worth considering a few more nuances:

  • If the design features of the cars do not provide for seat belts, then you can transport a child without seats and unfastened. From a moral point of view, it is worth taking the car to the service station and welding on the belt anchors to ensure that children have a safe ride. Moreover, devices with the above ISOFIX system can be used.
  • When placing a child in the front seat, it is worth deactivating the airbag. If triggered, it can cause serious injury to the passenger.
  • If a child over 7 years of age is short and the seat belt is around the neck, it is recommended to use a booster.
  • The rules apply to all children, regardless of height and weight. And if a child at 5 years old looks like 8 years old, then this does not allow him to be transported without a child seat.
  • It is still forbidden to carry children in your arms, even if an adult is wearing a seat belt. Every child must be in the car according to safety rules.

Penalty for improper transportation of children

Previously, traffic police inspectors could issue a warning to the driver if there is a child without a seat and belts in the passenger compartment of his car. Now the traffic police are very strictly monitoring the observance of these rules. And in case of violation, punishment threatens under part 3 of article 12.23 of the Code of Administrative Offenses - a fine of 3,000 rubles.

If there are several unfastened children in the car, then a fine will be assigned for each. You can pay with .

So, children under 7 years old can only be transported in special frame chairs. Passengers over 7 years old need to wear a seat belt. By following these rules, you will create a safe environment during the transportation of your child.

From the Rules of the Road it is clear that the transportation of children under 12 years of age in vehicles equipped with seat belts must be carried out using child restraints appropriate for the weight and height of the child, or other means that allow the child to be fastened using the seat belts provided for by the design vehicle, and in the front seat of a car - only with the use of child restraints. This is due to the fact that the car is a source of increased danger. Let's talk about everything in order.

Fine for transporting children without a seat in 2018

Parents and carriers must take care of the safety of children during the movement of transport, for which a special restraint was created, in which the child must be seated and which must correspond to his height and weight. If such a device is missing or incorrectly installed, then the driver will be fined for the lack of a child seat for a child in the car in 2018 and the lack of fasteners for him is absolutely no excuse. Therefore, before neglecting this rule, think and read this article, in which you will find answers to frequently asked questions.

What is a child restraint

How much is the fine for transporting a child without a child seat in 2018? To begin with, we will establish what a child seat is. According to GOST R 41.44:

a child restraint system is a collection of elements consisting of straps or flexible elements with buckles, adjusting devices, fasteners 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.


Classification of child seats

Child restraints are divided into five weight groups:

    group 0 - for children weighing less than 10 kg;

    group 0+ - for children weighing less than 13 kg;

    group I - for children weighing 9 - 18 kg;

    group II - for children weighing 15 - 25 kg;

    group III - for children weighing 22 - 36 kg.

Punishment for not having a child seat

It is logical that driving with a child if there is no child car seat in 2018 can be dangerous for him, and for an infant under one year old without a cradle that holds the child in a position lying on his back or stomach, it is impossible at all, otherwise injuries may be caused in a car collision incompatible with life.

The punishment for the lack of such a device is not very serious, but it hits the pocket, especially those who are engaged in business and carry out mass transportation. We answer your question: what is the fine for driving without a child seat for a child? According to paragraph 3 of Article 12.23 of the Code of Administrative Offenses of the Russian Federation, violation of the requirements for the transportation of children established by the SDA - entails a fine on the driver in the amount of 3,000 rubles, on an official responsible for transportation - 25,000 rubles, and for a legal entity carrying out transportation - 100,000 rubles .

Is a child seat required?

As paragraph 22.9 of the SDA says, transportation of a child without a car seat is in no case allowed! Children under 12 years of age must be transported in vehicles equipped with seat belts, transportation must be carried out using child restraints appropriate for the weight and height of the child, or other means that allow the child to be fastened using the seat belts provided for by the design of the vehicle, and in the front seat car - only with the use of child restraints. Otherwise, in case of non-compliance with the law, the traffic police will impose an administrative fine on the irresponsible driver for transporting children without a restraint.

It is better to take care of the safety of children in advance, because when purchasing a seat for them, you can forget or not even think about what the fine for transporting a child without a child seat is. It is worth recalling that even if the driver has a seat, but the child is sitting in his arms or not fastened, then in violation of the Rules, he will have to bear responsibility.

What is the fine for a child not wearing a seat belt in 2018?

According to GOST R 41.44, there are several types of belt for a child:

    belt - a holding device consisting of belt straps with a buckle, adjustment devices and fasteners.

    seat belt - complete, consisting of a waist belt, a shoulder restraint and a strap passing between the legs, if any;

    Y-shaped belt - the form of the connection of the straps of which is formed by a strap passing between the legs of the child and the shoulder straps.

All of them are designed for the safe transportation of your child, and if the driver did not provide it in accordance with the Rules, and the inspector stopped him for verification, another question arises: how much will the traffic police take for an unfastened child? We remind you that the driver can get off with a fine of 3,000 rubles, and officials and legal entities will “fly in” 25,000 and 100,000 rubles.

Fine for violation of transporting children in a car at night

Transportation at night is very dangerous. The driver's attentiveness and reaction speed are reduced, so the transportation of children at this time of day is strictly regulated by law.

Night time is considered the interval from 23.00 to 06.00, and the fine for improper transportation of children according to traffic rules in 2018 at the specified time of day will be in the amount of 5,000 rubles or deprivation of the right to drive a vehicle for a period of 4 to 6 months, and for officials and legal entities - 50,000 and 200,000 rubles (clause 5 of article 12.23 of the Code of Administrative Offenses).

The fine for not having a child seat is comparable to an inexpensive restraint, so it is better to spend this money on the safety of your children than pay for fines. If you are nevertheless discharged, we advise you to pay within 20 days. The advantage of such haste is that it will be in the amount of 50% of the amount of the fine. Good luck on the roads!

With the increase in the number of vehicles and accidents in 2007, drivers were required to use special car seats for children under 12 years of age.

For non-compliance with clause 22.9 of the traffic rules, penalties may be imposed on the driver.

Why is it necessary

When driving a car, dangerous situations constantly arise, which may be associated with:

  • with the possibility of getting into a road accident;
  • with the need for emergency braking;
  • with a sharp turn.

Each situation can lead to harm to the health of the driver and passengers. Therefore, when operating a car, great attention is paid to safety.

The safety features in a car are:

  • airbags that can be installed both for passengers sitting in the front seats, including the driver, and for passengers in the rear seats. Airbags help out quite often, especially in the event of an emergency;
  • seat belts. Seat belts are required for all passengers.

The design features of the safety equipment in the car are such that they are intended for people who are over 150 cm tall.

For small passengers, the presence of standard belts and pillows is not enough. Therefore, special car seats were invented for children.

Child car seats can be mounted on any seat and in any position (in the direction of travel or against the direction of travel).

All car seats are equipped with their own seat belts that prevent the little passenger from moving in the event of an emergency and keep them in a safe position.

When choosing a child safety device, you need to consider:

  • child's age. For the smallest passengers, chairs have been developed that hold the child in a horizontal position on the floor, which is considered the most comfortable. For children aged 1 to 6 years, chairs with crossed seat belts have been developed. For older passengers, cushion-shaped seats that are not equipped with individual seat belts can be used;

The expediency of using such a device is due to raising the child to a level at which you can use a standard belt, which is a complete set of the car.

  • child's height. For younger children, the chairs are complemented by folding backs so that they can be transported both in a sitting and lying position. Depending on the age of the child, all restraints are divided into groups:
  • security level. All seats are divided according to the maximum level of passenger safety and can be equipped with additional functions;
  • cost and manufacturer. The more reliable the manufacturer, the longer the service life of the supporting device and the higher its cost.

Based on the above factors, you can choose the optimal device for the baby and make the transportation of the child in the car as safe as possible.

Until what age do children need to be transported in a special seat

According to Russian legislation, small passengers are required to be transported in specialized restraints under the age of 12 years.

Recently, there have been many proposals for choosing a different restriction, for example, the height of the child (which, according to motorists, would be the most convenient option), but all of them have not yet been accepted.

Price

The cost of a car safety device varies depending on:

  • car seat groups;
  • manufacturing company;
  • additional features.

The table shows the price range for the cost of child car seats:

car seat group Price range, rub.
0 2 900 – 36 000
The most expensive models are equipped with lateral support that keeps the baby in a certain position.
0+ 3 000 – 39 000
Car seats can be equipped with:
- protection from the sun;
— lateral support;
- length-adjustable straps;
- water-repellent impregnation
I 2 500 – 27 000
Additionally, the chairs are equipped with height adjustment, which helps to increase the service life of the device.
II 2 000 – 20 000
Car seats can be adjusted in height in two ways:
- extension of the headrest;
- an increase in the back of the chair.
In addition, the chairs can be adjusted in width.
III 500 – 15 000
The cheapest are car seats in the idea of ​​\u200b\u200ba stand (pillow), in which the child is fastened with car seat belts.
More expensive models are made in the form of a standard chair with adjustment in three directions: width, length, height.

The amount of the fine for transporting a child without a child seat

The fine for transporting a child without a seat since 2018 or in violation of the requirements established by the rules of the road is provided in the amount 3 000 rubles.

The fine in question was put into effect by Federal Law No. 196 of March 27, 2013.

Previously, the amount of penalties was 500 rubles. The increase in the amount of the fine is caused by the neglect of a large number of drivers to the requirements of traffic rules, which leads to an increase in accidents where children are among the victims.

A fine can be imposed on a driver in two situations:

  • in the absence of a car seat when transporting a child;
  • if the chair does not meet accepted standards.

The requirements that are put forward for the design of child support devices are clearly spelled out in the following documents:

  • UNECE Regulation No. 44. The 3rd and 4th editions of the original agreement are currently in effect. These rules apply to all European countries, including the Russian Federation;
  • , which is the national Russian standard, developed on the basis of the above document.

How and where to pay the fine

You can pay a fine for the absence or non-compliance of a child car seat with accepted standards:

  • in any bank located in the region of residence of the car owner who became the offender. Banks may charge fees for money transfers;
  • at an ATM using cash or funds available on a bank card. When making a payment, an additional commission may also be charged;
  • in the fast payment terminal, for example, Qiwi or Eleksnet systems. For payment, you will need to enter the number and date of the protocol on an administrative offense, as well as the name of the culprit. Payment, as well as at an ATM, can be made in cash or funds from a bank card;
  • through online banking, serving the available bank card. Payment can be made without leaving your home or office. To use Internet banking services, you must first register in the system. Payment is made exclusively from the funds available on the card account;
  • through the public services portal. On this Internet resource, you can not only pay a fine, but also check the existence of penalties for administrative offenses. Payment is made through various payment systems using the funds available on the bank card account. When transferring money, a commission is charged;
  • funds from electronic wallets directly in the relevant payment systems, for example, Qiwi, WebMoney, Yandex. Money. The amount of the commission depends on the chosen payment system.

To pay in any way, you will need to know the number of the decision on an administrative offense, the date the document was drawn up and the full name of the offending driver.

If the fine is issued by traffic police officers directly at the place of violation of the rules, then the driver receives a copy of the decision and a receipt with the amount of the fine. In these documents you can find all the data necessary for the payment.

The proof of payment of the fine is a check issued by ATMs, terminals or bank operators or a receipt that comes to the electronic box (when paying fines online). The receipt or check must be kept for 3 years.

Currently, a new rule has been introduced on the territory of the Russian Federation, allowing offenders to pay only ½ of the fine issued.

This action is possible if the payment of the imposed fine is made within 20 days from the date of the decision.

Failure to pay an administrative fine may result in litigation.

The need to recover money after the trial will be assigned to the bailiffs, who have the right to seize the property of the car owner in favor of the state.

Non-payment can also lead to restriction of travel outside the Russian Federation or deprivation of a driver's license.

When transporting children, special attention must be paid to their safety. To increase the safety of small passengers, special car seats have been developed, the requirements for which are strictly regulated.

For non-compliance with traffic rules, an administrative fine is imposed, which is payable.

Video: The fine for transporting children in a car without a child seat will increase to 3 thousand rubles

An unhealthy trend has emerged in Russia, when taxi drivers or directors of taxi companies are prosecuted for transporting children without a seat. How so? After all, violation of the rules for transporting children under the age of 7 refers to administrative legislation, which provides for punishment in the form of a fine. It turns out that not everything is so simple when it comes to licensed transportation of passengers in a passenger taxi.

The worst thing is that there are already a lot of similar criminal cases in the country. For example, a number of media outlets have repeatedly reported that criminal cases have begun to be opened in Russia against taxi drivers who transport children without car seats.

Even in Moscow, the first criminal case has already been recorded against a taxi driver who transported a child without a seat.

Why, for the same offense in the field of traffic, drivers are brought to both administrative and criminal liability? After all, the offense is one, which means that the measure of responsibility should be the same. Well, the maximum fine can be different.

For example, there is a difference between fines that are issued to individuals and legal entities.

But when one and the same violation of traffic rules is brought to both administrative and criminal liability, it looks at least strange and illogical. Let's figure it out.

We studied the jurisprudence in such cases. And we must admit, indeed, in a number of regions of Russia, criminal cases have already been opened more than once against taxi drivers who violated the rules for transporting children - for example, a child was not in a child seat in a car, as required by law.

And what is most interesting, all such cases ended in guilty verdicts. No, the guilty taxi drivers were not imprisoned and sent to learn the rules of the road in remote places. Most of them got off with heavy fines and naturally received unnecessary criminal convictions. And they were still very lucky (if I may say so), since they were held accountable under part 2 of article 238 of the Criminal Code of the Russian Federation, namely under paragraph "b". Here is an excerpt from the Criminal Code of the Russian Federation:

  • Article 238 of the Criminal Code of the Russian Federation Production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements

Part 1. Manufacture, storage or transportation for the purpose of sale or sale of goods and products, performance of work or provision of services that do not meet the requirements of the safety of life or health of consumers, as well as illegal issuance or use of an official document certifying the compliance of these goods, works or services with safety requirements, -

shall be punishable by a fine in the amount up to 300,000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 2 years, or by compulsory labor for a term of up to 360 hours, or by restraint of liberty for a term of up to 2 years, or by compulsory labor for a term of up to 2 years, or imprisonment for the same term.

Part 2. The same acts, if they:

a) committed by a group of persons by prior agreement or by an organized group

b) committed in relation to goods, works or services intended for children under the age of 6 years

c) negligently entailed the infliction of grievous bodily harm or death of a person, -

punishable by a fine of from 100,000 to 500,000 rubles or in the amount of wages or other income of the convicted person for a period of 1 to 3 years, or by forced labor for up to 5 years, or imprisonment for up to 6 years with or without a fine in the amount of up to 500,000 rubles or in the amount of the wage or other income of the convicted person for a period of up to 3 years.

That is, for the transportation of children under the age of 6 in a taxi without a special child seat, the taxi driver faces criminal liability under article 238 of the Criminal Code of the Russian Federation.

Moreover, the same responsibility can be extended to the director of a company that is engaged in licensed taxi transportation of passengers. And getting off with a fine is half the trouble.

Please note that in addition to liability in the form of a fine, there is a line in the article that indicates that the perpetrator can be held liable in the form of imprisonment for up to 6 years. We emphasized this measure of responsibility from an excerpt from Article 238 of the Criminal Code of the Russian Federation. Moreover, the judge will decide what punishment the taxi driver deserves, at his own discretion, guided, as they say, by the case materials.

Surprised? Can you imagine how shocked the taxi drivers who were transporting children without a seat thought that the maximum that they could face was an administrative fine under Article 12.23 of the Code of Administrative Offenses, which provides for liability for transporting children without a seat in the form of a fine of 3,000 rubles.

Do you feel the difference between 3,000 rubles and 6 years in prison?!

You will say that no one has yet deprived anyone of their freedom for such offenses? After all, all taxi drivers prosecuted under Article 238 of the Criminal Code of the Russian Federation were simply fined.

Yes it is. But they received unnecessary criminal convictions. In any case, this may now affect their future life. After all, now in all bases they will go as criminally convicted persons. This means that at least such people will have a damaged credit history - at least for a long time, as a maximum forever.

Also, now these drivers will not be able to get a job in government agencies. Yes, in principle, they will not be accepted into any serious commercial organization either. But that's not the point.

When it comes to criminal liability for violation of traffic rules, for which administrative liability is provided for individuals, it becomes uncomfortable. No, we do not protect, of course, those drivers who transported children without a child seat. But this does not mean that they deserve a criminal record and a large fine, which, by the way, can be an unbearable burden for many.

Also, criminal prosecution of taxi drivers for transporting children without a seat does not guarantee that some judge who simply did not get enough sleep or came to work in a bad mood will not decide to impose a real punishment in the form of imprisonment instead of a fine. After all, we live in a country with a not quite perfect judicial system.

Until now, our judges are guided by internal convictions, and often do not listen to the arguments of witnesses and defense lawyers in favor of the accused. What can be said here. Of course, there is a risk that some irresponsible taxi driver will soon end up behind bars for transporting a child without a child car seat.

But it may turn out to be the father of this child, who, in his spare time from work, decided to use his taxi car, for which there is an official permission to transport a taxi, to bring the child home from a kindergarten or school. And then what? It turns out that instead of a fine of 3,000 rubles, the father of the child may end up in prison?

Agree that all this is suggestive. Why did taxi drivers begin to be prosecuted? Here, of course, you need to ask a question to representatives of the State traffic inspectorate and the Ministry of Internal Affairs. After all, there were no cases like this before. Why did such criminal cases begin to appear recently? What, we didn't have such an article in the Criminal Code before? Yes, no, it was. What then? What's happened?

What is the difference between ordinary drivers who transport a child without a child seat and a taxi driver? After all, a taxi driver is the same person as everyone else, and is not a legal entity?

But it turns out that there is a difference, if our confusing and often incomprehensible legislation is correctly interpreted.

The whole difference is that if you are driving your car, which does not have a license to transport passengers in a taxi (permit for taxi transportation of passengers), then for transporting children without a child seat, you can only be held administratively liable under Article 12.23 of the Code of Administrative Offenses R F, for which you will be fined 3,000 rubles.

But if you are transporting a child without a child seat in a car that has a taxi license, and even more so if you are transporting a child as part of the instructions for taxi services, then, of course, you risk being held criminally liable under part 2, paragraph "b" of Article 238 of the Criminal Code RF. If you are also an Individual Entrepreneur who has received a taxi permit for your car and works for yourself, then transporting a child under the age of 6 is most likely to result in criminal liability for you.

The worst thing is that formally this huge difference in responsibility between the administrative and criminal codes for the same violation of the law in the field of road safety is quite legal.

The only thing that raises questions is the actions of the traffic police and other law enforcement agencies, who previously did not prosecute drivers for such offenses. Now what has changed?

In general, all this is strange and again leads to reflection.

We repeat once again that we do not defend the "bombs" who indeed often violate the rules of the road (often they do this in order to have time to complete as many orders as possible per shift) and, among other things, often transport small children without car seats.

But the fact that they are prosecuted for transporting a child under the age of 6 without a car seat, we think this is too much.

Considering that the majority of taxi drivers work for some taxi companies and other large offices, maybe it's just time to slightly reconsider the measure of responsibility of organizations involved in licensed taxi transportation, and not blame the bombers for all the sins?

There are also questions to the aggregators of taxi services, which do not monitor their fleet and taxi drivers at all.

  • For reference
  • Recall, for those who forgot or for some reason do not know. It is strictly forbidden to transport children under the age of 7 not in a child seat in a car. Otherwise, an ordinary driver faces a fine of 3,000 rubles (). The taxi driver faces a criminal case. Further, if you are lucky, then a large fine, and if you are not lucky, imprisonment.