A scooter is the optimal type of vehicle for many people. Thanks to its small dimensions, it does not require much storage space and is very easy to operate. However, due to such great popularity, it should be noted that many drivers of these mopeds do not thoroughly know their rights and responsibilities while driving on the roadway. That is why you should always think about both your safety on the road and that of other road users. For example, for scooter drivers, an excellent means of protection is a helmet, the choice of which should be approached responsibly, because riding without a helmet increases injuries tenfold in the event of an accident.
Do drivers really need a helmet?
Typically, drivers do not plan to wear a helmet when driving. Often, this may even be due to the fact that a person does not have the necessary funds to purchase all the necessary equipment. But its absence immediately calls into question the safety of the scooter rider, because in the event of a possible accident, it is its absence that becomes the cause of death.
Moreover, according to the Traffic Regulations and the Administrative Code, a person may even receive a fine for driving without a helmet. This is stated in two articles that provide for a fine:
1. According to Article 24.9 of the Traffic Regulations, driving a power-driven vehicle (which includes scooters) without the necessary protective elements (helmet) is prohibited.
2. In addition, according to Article 12.6 of the Code of the Russian Federation on Administrative Violations, it is regulated to punish road users who travel without any seat belts on vehicles or protective helmets on motor vehicles.
What is the possible fine for driving without a protective motorcycle helmet?
To begin with, it should be noted that only through fines can motor vehicle owners be somehow forced to use protective helmets. It is better to pay once at the time of purchase than to pay a fine several times later and risk your life, but still, later, buy it for yourself and forget about various problems with the law.
Read also: Traffic rules for scooters up to 50cc
As an amendment to the Code of the Russian Federation on Administrative Violations, the State Duma adopted an amendment to the law that for violation of these provisions, the driver should be fined in the amount of 1000 (one thousand) rubles. This was installed on June 19, 2015. Previously, this amount was half as much, that is, 500 rubles.
A scooter rider may receive a fine for riding a scooter without a protective helmet under the following conditions:
- he rides a motor scooter without a protective helmet;
- he moves in a protective helmet, however, without a special harness fastened, which guarantees protection.
You can often hear a legend from scooter riders that traffic police officers have no right to stop moped drivers at the legislative level. Even if he asked to stop, the scooter driver may not do this, since the traffic police officers also cannot go in pursuit of him.
It is worth recognizing that this is a fairly common, but erroneous opinion. In addition, this opinion can in most cases be heard among those who ignore driving according to the rules using a protective motorcycle helmet.
Despite the fines, riding without a helmet is still a common violation.
Protective helmet device
There is a wide variety of safety helmets for all categories of the population, from the cheapest to the very expensive, which may differ in a greater degree of protection or simply in individual design. But, first of all, in addition to the aesthetic function, it has a main task - to protect human life in various situations. This should be the determining factor if the question arises of which scooter helmet to choose. For example, it can be ordinary dust during strong winds, which gets into the eyes and interferes with normal movement, or midges, which tend to get into the eyes and cause inconvenience to drivers. When using a helmet, these situations resolve themselves.
Read also: The need to register mopeds (scooters) up to 50 cc with the traffic police
In addition, it is the helmet that protects a person from serious injury or even death in cases of road traffic accidents. This all happens thanks to an excellent design that guarantees safety as much as possible. It includes the following elements:
- top layer or protective layer (shell);
- an absorbing layer that bears the entire impact in the case of falls;
- inner layer (upholstery);
- a face shield or “visor” to protect the eyes from dust, insects and other debris;
- absorbent element to protect the chin;
- fastening system (needed to ensure that the head is secured and the risk of injury is reduced).
Thanks to this, it can soften the impact of a fall and prevent head injury. You also need to pay attention to the size, since the helmet must fit tightly on your head, take off and put on without pain. Also, you need to choose those that do not have any protruding elements. In this case, head protection is guaranteed and a person can move on absolutely any roads, but in compliance with the traffic rules for a scooter.
Does a passenger need a protective helmet?
Often, two people can travel on this vehicle at once, that is, a driver and a passenger. Therefore, both persons must wear a safety helmet on the scooter. However, in most cases, both road users do not adhere to these rules and responsibilities.
Consequently, it can lead to catastrophic consequences such as injury. In addition, in the event of an accident, it is the driver of the scooter who will be responsible for the fact that the passenger is injured. This is stated in Article 1079 of the Civil Code of the Russian Federation. Even if the second participant in the accident turns out to be at fault, the driver of the motor scooter is still found guilty of injuring the passenger.
In the simplest outcome of the situation, the moped owner can only receive a fine, even if he himself is wearing a protective helmet. The safety of both road users on the same scooter depends only on it. But, do not forget that an administrative fine can easily develop into criminal liability if the rules are repeatedly violated.
24.3. Bicycle and moped drivers are prohibited from:
- drive without holding the steering wheel with at least one hand;
- carry passengers, except a child under 7 years of age, on an additional seat equipped with reliable footrests;
- transport cargo that protrudes beyond the dimensions by more than 0.5 m in length or width, or cargo that interferes with control;
- move along the road if there is a bicycle path nearby;
- turn left or turn around on roads with tram traffic and on roads with more than one lane for traffic in a given direction;
- move on the road without a fastened motorcycle helmet (for moped drivers).Traffic rules of the Russian Federation
24. Additional requirements for the movement of bicycles, mopeds, horse-drawn carts, as well as the passage of animals
24.3. Bicycle and moped drivers are prohibited from:
...
move on the road without a fastened motorcycle helmet (for moped drivers).
...
Article 12.6. Violation of the rules for using seat belts or motorcycle helmets[Code of the Russian Federation on Administrative Offenses] [Chapter 12] [Article 12.6]
Driving a vehicle by a driver who is not wearing a seat belt, transporting passengers not wearing seat belts if the design of the vehicle provides for seat belts, as well as driving a motorcycle or transporting passengers on a motorcycle without motorcycle helmets or wearing unfastened motorcycle helmets -Incurs the imposition of an administrative fine in the amount of five hundred rubles.
A moped with a volume of less than 50 cc and a top speed of less than 50 km/h does not require a driver’s license. For now. But perhaps it will be introduced soon.KOaP:
12.29 p.2
Violation of traffic rules by a person driving a moped, bicycle, or a driver or other person directly involved in the process of road traffic (except for the persons specified in part 1 of this article, as well as the driver of a mechanical vehicle)
warning or fine 200 rub.But here this article is not applicable in my opinion, because this article is about motorcycles,
but not a word about mopeds..."Motor vehicle" - vehicle, except for a moped driven by an engine. The term also applies to any tractors and self-propelled machines.
"Moped" - a two- or three-wheeled vehicle driven by an engine with a displacement of no more than 50 cubic cm and having a maximum design speed of no more than 50 km/h. Bicycles with a suspended engine, mokicks and other vehicles with similar characteristics are considered mopeds. .
"Motorbike" - a two-wheeled motor vehicle with or without a side trailer. Three- and four-wheeled motor vehicles with a curb weight of no more than 400 kg are considered motorcycles.
Questions again?????????
Scooters, mopeds and motorcycles are an extremely popular form of transport, widely used due to their practicality, convenience and unpretentiousness. When driving such vehicles, you must follow a number of rules, including the mandatory wearing of helmets while driving. Some road users prefer to ignore this requirement. Of course, such behavior of a motorcyclist or scooter driver cannot fail to attract the attention of a traffic police inspector.
Should I wear a helmet when riding a scooter or motorcycle? What legal acts regulate the use of a motorcycle helmet in this case? What punishment can a driver face for riding a moped, motorcycle or scooter without a helmet? We will answer these questions in this article.
What do the rules say?
The traffic rules directly state in paragraph 24.8 that the presence of a fastened helmet on the moped driver’s head while riding is mandatory. It should be noted that wearing a helmet in this case is only mandatory for the driver - this requirement does not apply to passengers of such a vehicle (although it would obviously not be superfluous).
The need for motorcyclists to wear protective equipment while driving is stated in paragraph 2.1.2 of the Traffic Regulations. And this time, in addition to the driver, each of the passengers must wear helmets. Which power-driven vehicle should be considered a motorcycle is also determined by the rules: if the engine capacity exceeds 50 cm3 and the maximum speed exceeds 50 km/h, then a two-wheeled vehicle (with or without a trailer) with such characteristics is a motorcycle.
Obviously, a scooter in any case falls under one of the definitions - a moped or a motorcycle - and wearing a motorcycle helmet when driving this vehicle is also mandatory.
Fine for not wearing a motorcycle helmet
The fine for not wearing a helmet or wearing it improperly is provided for in Article 12.6 of the Administrative Code, which states that a penalty of 1,000 rubles can be applied to:
- a driver driving a moped or motorcycle without a helmet or with an unfastened helmet;
- a motorcycle driver carrying passengers who are not wearing helmets.
Here it should be said that some particularly demanding inspector may try to punish twice the driver of a scooter or motorcycle, who himself rides without a motorcycle helmet and transports passengers without this protective headgear: respectively, for driving a vehicle without a helmet and transporting passengers, again without helmets. The Code of Administrative Offenses asserts that such an act of the inspector is illegal, since according to Article 4.1 of the Code one cannot be punished twice for the same offense, and since driving and transporting passengers are specified in one paragraph of the traffic rules (Article 12.6), this case follows count as one violation.
The law is somewhat more favorable to passengers carried on a motorcycle. If such a passenger finds himself without a helmet or his motorcycle helmet is not fastened, the traffic police inspector has the right to give him a warning or fine him 500 rubles.
Helmet as a safety device
Of course, despite the risk of being fined, a certain percentage of drivers of mopeds, scooters and motorcycles continue to ignore the requirement to wear a helmet. Such desperate people should remember that in the event of an accident, and even more so a fatal accident, it is the driver without a motorcycle helmet who will be considered the culprit, since he indirectly violated the rules by not having a helmet on his head or not putting helmets on his passengers . The number of scooters and mopeds on the roads is constantly growing, and along with this, the number of accidents involving these vehicles is also growing. A motorcyclist's helmet, along with a motorist's seat belt, is considered one of the most effective means of increasing the level of safety for road users. The less affordable price of a helmet cannot be an excuse for violating traffic rules.
I’ll devote a few words to another reason why people ride mopeds and scooters without special helmets. It's all about the financial component of the issue; scooter riders don't want to spend money on a helmet. In my opinion, a helmet is not something you should skimp on. To convince you to buy a scooter helmet, I will tell you about two falls from bicycles that I have seen in practice. In the first case, the cyclist was not wearing a helmet; he fell onto a field road, crashing into a bump at a speed of 10-15 km/h. In the second case, the cyclist was wearing a helmet; he fell on the asphalt of the federal highway, hitting a rut at a speed of 25-30 km/h. In the first case (without a helmet), the cyclist lost consciousness and memory over the past few weeks, suffered a concussion, and was hospitalized. In the second case, despite the higher speed and asphalt, everything turned out to be a bruise on the leg.
Is it possible to ride a motorcycle and scooter without a helmet?
The maximum trick a driver can do when driving with an unfastened helmet is to say that he unfastened it after stopping while he was waiting for a suitable inspector. Otherwise, you can only reduce the fine to 500 rubles.
taking advantage of a 50% discount for fast payment within 20 days under Art. 32.3 Code of Administrative Offences. Return to content Published by: Vadim Kalyuzhny, specialist of the TopYurist.RU portal Did you find the answer? If not, then ask our lawyers: 17 lawyers are ready to answer now.
Is it true that drivers will be required to wear a helmet if there are no airbags?
Important
In 2017, all scooter drivers are required to have an M driving license. The legislation classifies the following vehicles in this category:
- with an internal combustion engine up to 50 cc;
- with electric motor 025-4 kW;
- with a maximum speed of up to 50 km/h.
Attention
Fines for driving without a license A fine for driving without a license can be issued to a scooter rider in the following cases:
- if he has no rights at all;
- if he has already been deprived of his rights for violations;
- if he forgot his license at home.
Accordingly, the penalties for these violations are different. For driving without a license, scooter drivers are punished, like all other drivers, under Article 12.7 of the Administrative Code with a fine of 5-15 thousand rubles.
traffic police fine for driving without a helmet in a car: clarification
But fortunately, or maybe not, this is just an April Fool's joke. the system chose this answer as the best. When I saw the question, I thought it was a joke, but no, here is the official document and seal that the law will come into force on April 10, 2017. It turns out that only outside cities and villages, you need to put a helmet on your head, and only if there is no airbags. If there are pillows, then there is no need for a helmet. But it turns out that this is an April Fool's joke that is not backed up by anything.
The text is not official, the dates and numbers do not match, so there is no reason to worry. I would be only too happy about this law... and some transparent helmets that do not interfere with the view).
Wearing helmets, both car drivers and their passengers would be much safer than they are now, and would look very attractive, futuristic, pleasing to the eye). But alas...
Riding a motorcycle or scooter without a helmet - what is the fine and are there other sanctions?
If a driver who has already been deprived of his license for any violation gets behind the wheel, he risks being fined 30 thousand rubles or even being put under arrest for 15 days. A driver who has forgotten his license at home is liable under Article 12.3 of the Administrative Code.
He may get off with a warning, or he may receive a fine of 500 rubles. If a traffic police inspector stops a teenager under 14 years old riding a scooter, this clearly means that he does not have the right to drive one, because driver’s licenses in Russia are issued only from the age of 16.
In this case, his parents or guardians will be responsible. They will receive a fine under Article 12.7 of the Administrative Code in the amount of 5-15 thousand rubles. Experienced drivers whose driver's license is about to expire (which is 10 years from the date of issue) should be especially careful. Despite an impeccable reputation and experience, you can easily face a serious fine if they are not replaced in time.
What is the fine for riding a scooter without a helmet and without a license?
Save to yourself: The most popular topics of such mailings are related to news regarding changes in legislation. In the fall of 2016, motorists all over the country rushed to change their tires under the influence of reports of traffic police fines for summer tires in the winter; in the spring, motorists found themselves besotted with news related to the introduction of “Ш” badges (the news itself was true, but its significance among the people turned out to be greatly exaggerated) .
The current wave of mass mailings and transfers is associated with the introduction of traffic police fines for driving without a helmet in cars not equipped with airbags. A falsified document, whipped up in a photo editor, is circulating on the Internet - an order allegedly signed by the head of the Ministry of Internal Affairs, Vladimir Kolokoltsev.
Live
In most cases, drivers are seriously injured, because a motorcycle or scooter is very light and mobile, but does not protect the driver in any way. Therefore, when getting on a scooter, be careful, beware of breaking the rules and getting too close to other vehicles, and most importantly, do not spare money on a special helmet - this is not a high price to pay for your life and health.
Return to content ○ Legal advice: how to avoid a fine. Some motorcycle and scooter owners believe that there is some kind of law prohibiting the pursuit of a driver on a two-wheeler.
In fact, this is not so, nothing prohibits the inspector from pursuing the violator and issuing a fine; often they simply abandon this idea themselves, fearing that by running away, the driver or passenger may provoke an accident and receive serious injuries.
Do you need a helmet on a scooter?
Cyclists and moped drivers are prohibited from:
- move on the road without a fastened motorcycle helmet (for moped drivers).
Do scooter passengers need a helmet? Since April 2014, drivers of scooters and mopeds are allowed to carry passengers if the design of the vehicle allows this. However, clause 24.8 of the rules requires only the moped driver to have a fastened motorcycle helmet; this requirement does not apply to passengers. Fine for driving without a helmet According to the Code of Administrative Offences, a fine for driving without a helmet alongside motorcycle drivers is also provided for scooter drivers: Article 12.6.
What is the current fine for driving without a helmet for the driver and passenger?
Article 12, paragraph 29 of the Code of Administrative Offenses states that a fine of 800 rubles is provided for scooter owners if the driver did not bother to wear a helmet. In turn, in the same article there is paragraph 6, which talks about unfastened seat belts and missing motorcycle helmets.
The Code states that in this case, a too courageous motorcycle driver will have to pay 1,000 rubles. Healthy! It is also worth noting that even a helmet that simply does not have a fixed harness is considered unfastened.
Based on this, we conclude that for driving a scooter without a helmet, the traffic police inspector can demand only 800 rubles, and 1,000 rubles will be collected from the owner of the motorcycle, and not only from him. Should a passenger have a helmet? The same article 12.6 of the Code of Administrative Offenses states that riding a motorcycle without a helmet will result in a fine for everyone riding on the vehicle.
Regardless of where the passenger is, behind the driver or in a special wheelchair, according to Article 12.29 of the Administrative Code, an amount of 500 rubles will be collected from him. Speaking of motorcyclists traveling with passengers without protective equipment.
The fact is that in this case, the driver of the “bike” violates the same article twice: he drives without the appropriate accessory and transports other citizens without observing safety rules. Dishonest traffic police officers often take advantage of this.
However, it is worth considering that a person cannot be held responsible for the same violation twice. This is confirmed by Article 4.1 of the Administrative Code. There are no other measures or penalties for driving without a helmet.
Therefore, the traffic police inspector has no right to demand large “contributions”.
A scooter driver who violates traffic rules (by not wearing a helmet) may also be subject to imprisonment, because The scooter has been a power-driven vehicle since April 2014. But the driver of a passenger car will not be punished, because
The scooter driver is to blame for the scooter driver's injuries. Thus, scooter and moped drivers riding on the road without a helmet need to be wary of all other road users. After all, any accident will result in injuries for the scooter driver. Well, in conclusion, I’ll say that if you’ve already found the money for a scooter, then be so kind as to buy a helmet. This is the key to your future security. A helmet is needed not to avoid being stopped by traffic police officers, but to prolong the life and preserve the health of the driver of a two-wheeled vehicle.
Any motorcycle (motorcycle, scooter, moped) is a vehicle, so its drivers are required to comply with the traffic rules in force in the Russian Federation. One of the mandatory traffic safety requirements is a helmet for drivers and passengers. Citizens who disregard this rule risk receiving a substantial fine for driving without a helmet.
The obligation to wear a helmet on a motorcycle is known to all owners of this type of transport. All motorcycle drivers are well aware that riding a motorcycle without a helmet is prohibited and is punishable by a fine. But drivers and passengers of scooters and mopeds mistakenly believe that this requirement has nothing to do with them.
Until the end of 2013, the attitude towards this type of vehicle was lenient, and they could be driven without a license.
This circumstance somewhat dampened the owners of these vehicles. They believed that it was acceptable to ride scooters and mopeds without using a motorcycle helmet. Meanwhile, riding a moped or scooter without a helmet is a traffic violation.
It is not entirely clear from the point of view of common sense what guides the owners of mopeds and scooters when moving along the highway without a helmet. Perhaps they save money on buying it, or hope for a lucky break and think that they are not in danger of an accident.
Important! According to traffic rules, drivers and passengers do not have the right to travel on the roads without a helmet on a scooter or moped.
Fine amounts in 2018
The grounds for imposing a fine for driving without a helmet are established by two articles of the Code of Administrative Offenses and the Traffic Regulations:
- Article 24.9 of the Traffic Regulations prohibits driving mopeds, scooters and bicycles without a helmet fastened with a special harness.
- Article 12.6 of the Code of Administrative Offenses regulates the imposition of punishment for driving on the highway without a helmet for motor vehicles.
The amount of penalties for administrative offenses is periodically adjusted, so not all motorcycle owners are aware of the fine for driving without a helmet in 2018. On June 19, 2015, the State Duma adopted amendments to the last article, and motor vehicle drivers will be punished with a fine of 1,000 rubles for driving without a helmet. Previously, the fine for this offense was 500 rubles. Currently, a fine of 500 rubles is imposed on the passenger of a motorcycle, moped or scooter.
According to traffic regulations, a traffic police officer can draw up a report and fine the driver and passenger of a scooter, moped and motorcycle in two cases:
- For driving without helmets.
- For driving with an unfastened helmet.
What are the dangers of riding without a helmet?
Dashing scooter riders who neglect protective measures when driving often get into accidents with quite serious consequences for their health. Moreover, most often the culprits of accidents are the drivers of scooters and mopeds. The number of accidents involving scooters increases in the spring and summer, when young reckless drivers take to the roads.
Unlike the driver of a car, who is protected by the body and seat belts while driving and in a possible accident, the driver and passengers of a motor vehicle are absolutely deprived of protection. That is why a special helmet is needed to protect against falls and collisions with a car.
Attention! Any accident involving a car and a scooter ends badly for the latter. Drivers of scooters, mopeds and motorcycles most often suffer non-life threatening injuries when colliding with a car. Head injuries are especially dangerous, which a protective helmet can minimize.
Consequences of an accident involving a scooter
Most often, accidents are caused by scooter drivers who do not have a license and do not follow traffic rules. The lack of rights of a scooterist does not relieve him of responsibility.
The grounds for initiating a criminal case involving a scooter driver are contained in Article 264 of the Criminal Code. The maximum penalty under this article is 2 years in prison. If a scooterist causes serious harm to a person’s health, he will be sentenced to 3 years in prison.
There are some specific features of punishment for a car driver if he violated the rules and caused harm to the health of the scooter driver. If a scooter rider has an accident while riding without a helmet and injures his head, the court will ignore this. A scooter rider riding without a helmet is to blame for a head injury, and the driver will not be punished for this.
The driver of a scooter or moped will also be found guilty of causing harm to the health of a passenger. Article 1079 of the Civil Code places responsibility for causing injury to another person on the owner of the vehicle. Consequently, even if the culprit of the accident is a motorist, responsibility for the injuries of the motorcycle passenger rests with its driver. Eventually, In the event of an accident, a scooter driver may receive not only an administrative fine, but also criminal punishment.
Is it possible to avoid punishment
Motorcyclists and scooter riders mistakenly believe that they can avoid punishment for riding without a helmet if they simply hide from the traffic police. This opinion was formed due to the supposedly existing law prohibiting inspectors from chasing motorcycle owners who are driving without a helmet.
In fact, such a law does not exist. This misconception has arisen because inspectors often refuse to pursue riders without a helmet on a moped, motorcycle or scooter, so that they do not provoke an accident. But there is no ban on pursuing reckless drivers, so the outcome of the case depends entirely on the decision of traffic police officers.
Advice! A real opportunity to avoid punishment is the statement by the motorcycle driver that he unfastened his helmet after stopping, while waiting for the inspector.
But when there is no helmet on the head, in principle, it will not be possible to avoid punishment. You can only reduce it by half by paying the issued receipt within 20 days after the decision comes into force (Article 32.3 of the Code of Administrative Offenses).
Any fine for driving without a helmet is just a loss of money, which is not so scary compared to the loss of health or death of a person. A person setting off on a motorcycle, moped or scooter should remember, first of all, that their life depends on their equipment. This is what you should first think about when going out on the track without a protective helmet.
