Seat belts save lives. Using a seat belt is mandatory for all vehicle occupants in Spain. There are extra rules regarding children, but the basic rule is simply that everyone must comply. There are also a few exceptions, but it is worth noting, as an example, that if the rear seats only have two seat belts, then only two people can occupy that seat.
There is a standard fine of 200 euro for not wearing a seat belt, but the consequences in the event of a collision are far greater, as the risk of death or serious injury is greatly multiplied.
However, the question often arises as to who pays the fine in the event that a passenger is caught not using a seat belt?
In simple terms, it is every occupant’s individual responsibility to wear a seat belt. That is to say that if it is a passenger found not wearing a seat belt, then it is that passenger who is liable for the fine, and not the driver, who is otherwise responsible for the vehicle.
What happens if the offending person is a minor?
Despite what we have said about individual responsibility, there is an exception. In the event that a person without a seat belt is a minor, they will not be personally responsible for paying that financial penalty of 200 euro that we have mentioned before.
Children under 135cm in height are not permitted in the front seats of vehicles, with a couple of exceptions, and they must also be in a seat suitable to their size and weight. In Spain, rules regarding keeping children safe in a vehicle are not generally based on age, but on size and weight.
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