What is the fine for taking a child by car without the appropriate child restraint system? Do we lose points on our driver's license? In truth, the penalty for not traveling in the right way with a young child should be the least of our concerns given that the most important thing is their safety. Many experts believe that it is far too small a penalty, bearing in mind the benefits of transporting a child in an appropriate child restraint system.
Three of the eighteen children under the age of 12 that died in 2016 (final figures) were traveling without using a child car seat. 23% of those who died over the age of 12 that were traveling in a car or van at the time of the accident were not wearing a seat belt or seated in a CRS (187 of the 805 fatalities in this type of vehicle).
In this case we are talking about children who have been tragically involved in an accident but in fact it is even more serious than we thought. During the Department of Traffic's campaign (DGT) carried out in Spain for 7 days (from 13 to 19 of March 2017), 240 children under 12 years old were found by the Civil Guard Traffic Division to have no child restraint system: 64 children were sitting on the front seats and 166 on the rear seats.
WHAT DOES LEGISLATION SAY ABOUT THE USE OF CHILD CAR SEATS?
Article 166 of the General Traffic Rules establishes that 'in all cases, minors who are 135 centimeters tall or less must use a child restraint system'. Moreover, in the case of vehicles with up to 9 seats, children must be seated on the rear seats (with 3 exceptions that can be found in the section on ’Legislation').
WHAT IS THE PENALTY?
Failure to install and use a child restraint system is a serious offence which carries a 200 euro fine and the removal of 3 points from your driving license.
WHO IS LIABLE?
In the vast majority of cases the perpetrator is directly liable, but in this case we are dealing with minors.
Therefore, legislation provides that 'the vehicle's driver shall be liable for the failure to use a child restraint system', with the exception of professional drivers carrying out public services for third parties.
The General Traffic Rules specify in article 82 that 'when the perpetrator of an act is a child under the age of 18, his or her parents, legal guardians, carers and legal or de facto caregivers, shall be jointly and severally liable, in this order, for the fine, due to failure to comply with their duty to prevent the administrative offence with which the minor is being charged.