Who is Responsible for Seatbelt Fines?
Many people assume that fines for not wearing a seatbelt are solely the responsibility of the individual not wearing it. However, the truth is more complex, particularly with recent legal changes mandating seatbelt use for all vehicle occupants.
Mandatory Seatbelt Use for All Seats
Since the amendment to the Road Traffic Act in September 2018, it is mandatory for all passengers, not just those in the front seats, to wear seatbelts. This change raises the question: who is responsible if someone isn’t wearing a seatbelt? The surprising answer is that in private vehicles, the driver is held accountable for passengers not wearing seatbelts.
The Driver’s Responsibility
According to Article 50 of the Road Traffic Act, drivers must ensure that all passengers wear seatbelts before the vehicle begins its journey. If a passenger is found not wearing a seatbelt while the vehicle is in motion, it is the driver who receives the fine, not the passenger. This means that even if a passenger in the back seat decides not to wear a seatbelt, it’s the driver’s responsibility to enforce the rule and ensure compliance.
Fines for Non-Compliance
The fine imposed on drivers when an adult passenger fails to wear a seatbelt is 30,000 KRW. This amount increases to 60,000 KRW if a child under the age of 13 is not secured with a seatbelt. This distinction reflects a policy focus on enhancing safety for younger passengers. Moreover, if a child safety seat is not used when required, additional penalties may apply.
Exceptions for Public Transportation
There are exceptions to these rules for public transport vehicles such as taxis and buses. In these cases, fines are not automatically levied against the driver if passengers do not wear seatbelts. Instead, drivers must clearly advise passengers to use seatbelts. If this advice is given, the responsibility shifts to the passengers, who may then face fines for their non-compliance.
Public Transport: An Advisory Role
Taxi and bus drivers are not expected to individually verify that each passenger is wearing a seatbelt. Providing a clear advisory, such as “Please wear your seatbelt,” is considered sufficient to fulfill their legal obligations. If this guidance is provided, the onus to comply and any resulting fines fall upon the passengers themselves.
The Driver’s Dilemma: Staying Cautious
For drivers of private vehicles, the responsibility extends beyond just operating the vehicle safely. Ensuring that all passengers, including children and elderly family members, are wearing seatbelts before starting the journey is essential. Failure to do so not only incurs fines but also legal responsibility in the event of an accident.
Seatbelt Use: A Life-Saving Habit
Wearing a seatbelt is more than a legal requirement; it’s a fundamental safety measure. Whether you’re the driver or a passenger, developing the habit of checking seatbelt use can prevent injuries and save lives. It’s a simple yet effective way to protect yourself and your loved ones on the road.