It is enough to seat small passengers on an elastic cushion and fasten them with seat belts.
Parents-drivers have been intimidated since the end of last year with new amendments to the rules for transporting children. Allegedly, from January 1, 2017, small passengers can be carried exclusively in car seats, no boosters or hard pillows for you, and all kinds of “gadgets” for seat belts will generally have to be forgotten once and for all. But the amendments never came into effect. And the other day, the Supreme Court decided that car seats for a child are not at all a prerequisite for going on a trip. They say, do not waste extra money, security is different. Let’s see how parent-drivers really should act.
So, the story began in Yekaterinburg almost a year ago. On April 30, 2016, a local resident was fined three thousand rubles for transporting his son without a car seat. The man insisted that he acted according to the law, and instead of a car seat he used a universal child restraint along with a seat belt. Neither the traffic police inspectors, nor the district, nor the regional court agreed with the Pope. Fine – and no nails. But the parent was not going to give up and went all the way to the Supreme Court. There, the child restraint was recognized as complying with the technical regulations of the Customs Union “On the safety of wheeled vehicles”, and, therefore, allowed for use when transporting children. The fine was canceled, the stubborn Yekaterinburg resident was acquitted.
The judge referred to paragraph 22.9 of the road traffic rules: “Transportation of children under 12 years of age <…> 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 seat belts.” By “other means” is meant any elastic pillow, thanks to which the baby will reach the belt, and it will tighten not on his neck, but around the body. Anyone can you imagine? So you no longer need to spend money on boosters and other gadgets? Can you limit yourself to the usual decorative pillow from your own sofa?
The Supreme Court clarified that if a driver applied security measures while transporting his child, but did not use a classic car seat, he cannot be found guilty. It turns out that if the traffic police inspector stopped you and fills out the protocol, then you can refer to the decision of the Supreme Court of February 16, 2017 under the number 45-AD17-1.
– We do not have case law in Russia, but analogies work in cases. Not always, though. If you are stopped and a transcript is drawn up, include a reference to the Supreme Court decision. It is even better if there you indicate witnesses who will confirm that you did not just put the child in the car, but took all the necessary safety measures. Children should still be seated on devices that have a certificate and they meet standards. Carry copies of documents and a printed decision of the Supreme Court with you and, if necessary, show the inspector who stopped you. Record a video.
According to GOST R 41.44-2005, paragraph 2.1.3, child restraints can be of two designs: one-piece (car seats) and non-one-piece, “including a partial restraint, which, when used in combination with an adult seat belt, passing around the child’s body , or the restraint in which the child is located, forms a complete child restraint. “
The partial restraint, in accordance with paragraph 2.1.3.1, may be a “booster cushion”. And paragraph 2.1.3.2 specifies that this is “an elastic cushion that can be used with any adult seat belt.”