Seatbelt safety: Who pays the fine if a passenger in Spain forgets to buckle up?
In Spain, the driver and all passengers are required by law to wear a seatbelt
For decades now it’s been mandatory to wear a seatbelt while driving in Spain and other EU countries, and for most of us, it’s an automatic movement as soon as we get into a car. Since the new driving regulations came into play, motorists who fail to bet up will be slapped with a 200 euro fine and have four points deducted from their licence, but what about passengers who don’t buckle up?
Fine for not wearing a seatbelt
If the passenger not wearing a seatbelt is over 18, they will be solely responsible for the infraction, and they’ll be expected to foot the bill for the fine (200 euros). Of course, since they weren’t driving, they won’t have any points deducted, and neither will the vehicle owner.
If it’s a minor who isn’t strapped in correctly, the parent, guardian or person legally responsible for the child will receive the fine. In the case of children under the age of 18, the traffic law is very strict on how they should be secured inside a moving vehicle, and failure to properly belt up a youngster can even be considered a criminal offence, depending on the circumstances.
Exceptions to wearing a seatbelt
Although the general rule is that drivers and passengers must wear a seatbelt at all times, article 119 of the General Traffic Regulations does allow some exceptions:
- If the driver has a medical certificate that exempts them from wearing a seatbelt.
- When the driver has parked or is reversing the car.
- When a taxi driver is travelling through an urban area.
- Ambulance drivers and their passengers.
- During short trips when professional drivers are loading or unloading goods.
Pregnant women
Although front seatbelts were made mandatory in Spain in 1975 and rear belts in 1992, pregnant women were actually exempt until 2016. Now, though, expectant mums must wear a seatbelt, whether they are the driver or passenger, and will be fined 200 euros for failing to do so.
Children
Child restraint systems must be used in Spain, but the type needed depends on the height of the child, rather than their age.
- 105 centimetres or less: Full baby seat
- 105cm–125cm: Booster chair with back.
- 125cm–150cm: Backless booster chair.
Fines for excess occupants
When embarking on a short journey, it might be tempting to pile the whole family into one car instead of making multiple trips, but this will also land you in hot water in Spain. Carrying more occupants than the vehicle is designed to hold not only means some people won’t be protected by seatbelts, but could also seriously compromise the driver’s visibility.
According to the law, carrying a greater number of passengers than there are seatbelts is a minor infraction that won’t result in a loss of licence points, but it does carry a fine of 80 euros for the driver.
However, if the number of passengers allowed is exceeded by 50%, this is upgraded to a serious infraction and will cost the driver four points, a fine of 500 euros and the vehicle will be seized.
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