Not wearing seatbelt - Who's to blame?

Hey all,

I'm no good at googling this kinda stuff (neer seem to find relevant info ) but was having a conversation with my brother earlier and this came up.


I said that if anyone is in a car that's in motion, and they don't have a seatbelt on, it's always the driver at fault and if a garda stops the car, it is the driver who shall be fined for it.

He said that it's not the driver's fault at all, that it depends on different circumstances. He argued that, for example, if he has a parent and child in the back seat, and the child is not wearing a seatbelt and a garda stops the car, that the parent of the child will be the one fined as the driver can't force someone else's child to wear a seatbelt.

He also reckons that if two adults are in a car and the garda stops them due to the passenger not wearing a seatbelt, then the driver is again not at fault, as he can't force a grown adult to wear something he doesn't want to wear.

He believes the driver is only at fault if the driver himself has no seatbelt, or if there's a minor in the car with whom the driver is playing the role of guardian to (ie; the parent of the child has entrusted the driver to take care of the child, or of course, if the driver is the parent).

As I say; I assumed that regardless of who has no seatbelt, it was always the driver at fault (though my brother makes interesting points).


So yeah, was just wondering if anyone here could inform me who's right, and what the actual law is regarding this, if possible?


Cheers guys

Zambia

I cant find the offence for driver bearing pionts/fine for passenger not under age

http://www.irishstatutebook.ie/pdf/2006/en.act.2006.0023.pdf

deadwood

Your friend is in for a surprise some day.

Nobody can force the driver to drive the car if his passengers won't wear their seatbelts either!

Here's your link: http://www.rulesoftheroad.ie/accidents-gardai-and-penalties/penalty-points-fixed-charge-offences/index.html

POGAN

isnt it true once the person in the car is over 16 can be fined for no belt?

ectoraige

deadwood wrote: »

Your friend is in for a surprise some day.

Nobody can force the driver to drive the car if his passengers won't wear their seatbelts either!

Here's your link: http://www.rulesoftheroad.ie/accidents-gardai-and-penalties/penalty-points-fixed-charge-offences/index.html

I've had to pull over numerous times because my own children have taken their arms out of their seat belts, it's a phase they all go through and the only solution I've found is to sit in the car at the side of the road until they get bored.

MagicSean

If your passenger won't wear a seat belt then make them walk. It's as simple as that

Cheers for the info guys