Publication date: 09.06.2024
Legal Regulation of Administrative Liability of Drivers for Violation of the Rules of Transportation of Children
Introduction
The transportation of children in vehicles requires special attention from the law, as ensuring the safety of young passengers is a priority for any state. In Ukraine, as in many other countries, the rules for transporting children are strictly regulated, and violation of these rules entails administrative liability.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
Administrative liability for violation of the rules for the transportation of children is established by Article 121 of the Code of Administrative Offenses. According to this article, drivers who fail to provide adequate conditions for the transportation of children are subject to an administrative penalty in the form of a fine.
Traffic rules of Ukraine (SDA)
Clause 21.11 of the Traffic Rules of Ukraine stipulates that the driver is obliged to use special means for the transportation of children (child car seats, boosters, etc.) in accordance with the age and weight of the child. This clause also prohibits the transportation of children under 12 years of age (or under 145 cm in height) in the front seat without the use of appropriate restraints.
Types of violations and liability
Lack of child restraints
Transportation of children without the use of special restraints is the most common violation. The fine for such a violation is UAH 510.
Repeated violation
If a driver repeatedly violates the rules for transporting children within a year, the fine increases to UAH 850.
The procedure for appealing against fines
Filing a complaint
The driver has the right to appeal the imposed fine if he or she disagrees with the decision on the administrative offense. The complaint can be filed with the administrative body that issued the decision or with the court. The complaint must be filed within 10 days of receiving the decision.
Required documents:
- A copy of the decision to impose a fine.
- Documents confirming the circumstances that may serve as grounds for reversal of the decision (e.g., witness statements, video recordings).
- Receipt of payment of the court fee (if the complaint is filed in court).
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Court proceedings
After filing a complaint, the court sets a date for the hearing. At the court hearing, all the circumstances of the case are considered, evidence is presented, and the parties testify. The driver has the right to represent his or her interests independently or with the help of a lawyer.
Legal aspects
Evidence base
Various evidence may be used to prove the fact of violation of the rules for the transportation of children, such as video recordings from surveillance cameras, witness statements, etc.
Challenging evidence
The driver has the right to challenge the evidence provided by the administrative authority. For example, if the video recording is of poor quality or the testimony of witnesses is contradictory, the driver may request that they be excluded from consideration.
Application practice
Statistics
According to police data, a significant number of cases of violations of the rules for transporting children are recorded in Ukraine every year. Most drivers pay fines, but some go to court to challenge the decisions.
