Parents-drivers from the end of last year were frightenednew amendments to the rules of transportation of children. Ostensibly from January 1, 2017, small passengers can be carried exclusively in car seats, no booster and hard pillows, and about all sorts of "lotion" for seat belts in general will have to be forgotten once and for all. But the amendments to the action never entered. And the other day the Supreme Court decided that car seats for a child are not a necessary condition to go on a trip. Like, do not spend extra money, security is different. We'll figure out how the parents-drivers really should act.
Photo:Getty ImagesSo, 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 system with a seat belt. Neither the traffic police inspectors, nor the district, nor the regional court agreed with the father. A fine - and no nails. But the parent was not going to give up and finally went to the Supreme Court. There, the child restraint system was recognized as compliant with the technical regulations of the Customs Union "On the safety of wheeled vehicles", and, therefore, permitted for use when transporting children. The fine was canceled, the stubborn Yekaterinburg resident was acquitted. The judge referred to paragraph 22.9 of the traffic regulations: "Transportation of children under 12 years of age <…> must be carried out using child restraints that correspond to the weight and height of the child, or other means that allow the child to be fastened with seat belts. "Other means" means any elastic cushion, thanks to which the baby will reach the belt, and it will tighten not on his neck, but around the body. Any, can you imagine? So, there is no need to spend money on boosters and other devices anymore? Can you limit yourself to an ordinary decorative pillow from your own sofa? The Supreme Court clarified that if the driver applied safety measures when transporting his child, but did not use a classic car seat, he cannot be found guilty. It turns out that if a traffic police inspector stops you and fills out a report, then you can refer to the Supreme Court decision of February 16, 2017, number 45-AD17-1. Lawyer, member of the board of the Bar Association of St. Petersburg and the public organization "Road Patrol" Vladimir Garnin:
- We do not have a case law in Russia, butanalogies in business work. Although not always. If you are stopped and make up a record, reflect in it a reference to the decision of the Supreme Court. Even better, if you point out the witnesses who confirm that you did not just put the child in the car, but took all the necessary security measures. Children still have to settle on devices that have a certificate and they meet the standards. Copies of documents and a printed decision of the Supreme Court carry with them and, if necessary, present to the inspector who stopped you. Record the video.
The language of the law
According to GOST R 41.44-2005, clause 2.1.3, child restraints may 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 that passes around the child's torso or a restraint device in which the child is located, forms a complete child restraint." A partial restraint, in accordance with paragraph 2.1.3.1, may be a "booster cushion." And paragraph 2.1.3.2 specifies that it is "an elastic cushion that can be used with any adult seat belt."
