Who Gets Penalized for Rear Seat Not Wearing Seat Belt: Driver or Passenger?

1 Answers
VanIsla
07/30/25 4:57am
The penalty for not wearing a seat belt in the rear seat falls on the driver. According to the "Road Traffic Safety Law," when a motor vehicle is in motion, both the driver and passengers must use seat belts as required. Therefore, rear seat passengers must also wear seat belts, and failure to do so may result in a fine. As stipulated in Article 12.1 of the "Safety Technical Conditions for Motor Vehicle Operation" (GB7258-2012), all seats in passenger cars, highway buses, special school buses, and motorhomes must be equipped with seat belts. However, for city buses with standing seats, some freight vehicles with middle seats, and rear seats without seat belt requirements, no penalty will be imposed if the seats were manufactured without seat belts in compliance with national standards. Hazards of not wearing a seat belt: In a frontal collision, unbelted rear passengers will move forward due to inertia, causing severe impact between their knees and heads against the front seats. After the initial collision, they may move upward, hitting their heads against the car roof, potentially resulting in severe neck or head injuries or even death. Violations can be captured by traffic cameras and penalized. When driving on urban expressways or highways, failure by the driver to wear a seat belt as required will result in a fine and 2 penalty points. The following violations by motor vehicle drivers will incur 2 penalty points each: Failing to drive or park properly at intersections. Using a handheld phone or engaging in other behaviors that hinder safe driving. Riding a two-wheeled motorcycle without a safety helmet. Driving on highways or urban expressways without wearing a seat belt as required. Overtaking or occupying the opposite lane while encountering slow-moving or queued vehicles ahead. Failing to equip school buses with safety devices or perform required safety maintenance. Transporting students in a school bus without displaying the school bus sign, activating the school bus indicator light, or following the approved route. Seat belts provide cushioning during collisions or emergency braking, effectively preventing and reducing injuries to protect the lives of drivers and passengers.
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