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Not wearing seatbelt - Who's to blame?

  • 08-12-2011 01:32AM
    #1
    [Deleted User]
    Posts: 15,055 ✭✭✭✭


    Hey all,

    I'm no good at googling this kinda stuff (neer seem to find relevant info :o ) 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 :)


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