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TRAFFIC authorities in Spain have clarified one of motorists' biggest queries: Whether drivers can get fined if their passengers fail to wear a seatbelt.
Seatbelts correctly fastened have been a legal requirement in Spain in the front seats since 1975, but did not become compulsory in the back seats until the year 1992.
This means some classic cars may not have them – which is the only valid legal reason for not wearing them, according to the General Directorate of Traffic (DGT), part of Spain's ministry for transport.
Fines are around €200 for not wearing a seatbelt, since this omission is classed by the 2021 Traffic Law as a 'serious offence'.
Passengers aged at least 18 will be fined directly if they do not have their seatbelts on, but the driver – as long as he or she is wearing their own seatbelt correctly – is not considered legally responsible and will not be fined for the behaviour of other occupants.
If the non-belt-wearing passenger is aged 17 or under, they are legally considered to be a 'minor', and their parents or guardians will have to pay the fine.
This also applies where the passenger is a very small child and is found travelling without the required baby or toddler booster seat.
It is not clear whether the underage passenger's parents will be fined where they are absent from the scene – such as if another family member is looking after them that day and takes them out in a car.
But it is likely this is a case of 'strict liability': Where a person who commits an offence subject to a fine is not an adult, this automatically passes to the person legally responsible for their actions, without presumption of fault on this adult's behalf.
Seatbelts really do save lives, says DGT
As well as being mandatory, they are proven to save lives: The World Health Organisation (WHO) says wearing a seatbelt reduces the likelihood of death in a car crash by 60%.
In Spain, around 150 fatalities could have been prevented in the past year, the DGT reveals: Of all those who died in road crashes, 25% were not wearing a seatbelt and the authority estimates that at least half of those would still be alive today if they had buckled up.
Drivers who are caught not wearing a seatbelt, or not wearing it correctly, will normally lose four points from their licence.
Spanish licences start with 12 points, and these are deducted for offences, with a 12-point loss leading to an automatic ban.
Lost points can only be recovered by paying and undertaking courses at approved State-run driving schools, with each course restoring two points.
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