1) Transport of children under 1,5 meters in height not restrained by a restraint system or restrained by a restraint system that is not adequate for their weight (Article 172 paragraphs 1 and 10)
Children under 1,5 meters in height must always be secured to the seat by a child restraint system appropriate for their weight. If this does not happen, i.e. if they are not secured to the seat by a restraint system or are restrained by a restraint system that is not suitable for their weight, the driver of the vehicle is punished with € 70 fine and the deduction of 5 points from the driving license. The second violation in two years results in the suspension of the license from 15 days to two months.
Children without a seat? There is a risk of a 70 euro fine and five points
Attention: on machines without restraint systems, ie vehicles of old construction, it is forbidden to transport children under 3 years of age; Older children, on the other hand, can travel, but only in the rear seats if they are less than 1,5m tall.
The art. 172 paragraph 5 also prohibits the transport of children using safety seats facing the opposite direction on seats protected by airbags (unless this cannot be deactivated): the activation of the airbag can cause very serious injuries to children positioned in the opposite direction. In these cases, however, there are no penalties, but this is relevant for the purposes of attributing any responsibility to the driver in the event of an accident.
2) Failure to use seat belts (Article 172 paragraphs 1 and 10)
Minors taller than 1,5 meters, on the other hand, must be fastened to the normal seat belts the vehicle is equipped with. In the event that the driver (or the person responsible for supervising the minor present on board) allows the minor transported on the vehicle not to use the seat belts which the vehicle is equipped with, he will be punished with 70 euro fine and 5 points deduction from the driving license. The second violation in two years results in the suspension of the license from 15 days to two months.
3) Presence of non-approved belts or restraint systems (Article 172 paragraph 13 and Article 72 paragraphs 2a and 13) or non-compliant equipment devices (Article 72 paragraph 13)
In the event that a child of less than 1,5 meters in height is transported on a child restraint system of a non-approved type, this device is subject to administrative seizure for subsequent confiscation and the driver is punished with € 74 fine.
Child seats not approved? Fine of 74 euros
4) Surplus or overload in motor vehicles (Article 169 paragraphs 2 and 9)
In addition to what is indicated on the registration certificate, up to 8 May 2009 it is also possible to carry one or two children under the age of 10 on the cars, as long as they are placed on the rear seats and accompanied by a passenger of at least 16 years of age. Considering the fact that it is very unlikely that the vehicle will be equipped with surplus seat belts, Article 172 of the Highway Code provides for the excess children of this case the exemption from the obligation of seat belts until May 8, 2009 .
The driver of the vehicle who violates this rule is punished with a fine of 36 euros and the subtraction of 2 points from the driving license.
5) Transport by motorcycle (or moped) of a child under the age of 5 (Article 170 paragraphs 1 bis and 6 bis)
The law prohibits the transport on a motorcycle (or moped) of a child under the age of 5, even if the child is seated correctly and on an approved seat adaptation device. Anyone who violates this rule will be punished with a fine of 148 €.
6) Children in taxis or NCC vehicles (article 172 paragraphs 4 and 10)
In the front seat of a vehicle used as a taxi service (or rental vehicle with driver) it is not allowed to carry a child less than 1,5 m tall without an adequate restraint system. It is not permitted to carry a child less than 1,5m tall in the rear seat unaccompanied by passengers aged 16 or over. The driver who violates this provision or the person responsible for supervising the transported minor is sanctioned with 70 euro fine and 5 points deduction from the driving license. The second violation in two years results in the suspension of the license from 15 days to two months.
Children in a taxi without a child seat? Fine of 70 euros and five points removed
7) Transport of passengers on cycles (Article 182 paragraphs 5 and 10)
The highway code prohibits the carriage of passengers over the age of eight on a velocipede unless it is specially built and equipped for this purpose (tandem or four-wheeled rickshaw that often circulate in tourist resorts). On the other hand, adults are allowed to transport children under the age of eight as long as they are suitably insured with the equipment provided for by art. 68, paragraph 5, CDS, that is, a seat consisting of a seat, backrest and armrests as well as a safety system including braces or restraint belts and a protective structure for the feet of children. The armrests may be missing in the case of rear seats for transporting children over 4 years of age (art. 225 CDS regulation). The equipment must be installed between the handlebar and the driver when carrying children up to 15 kg, at the rear in other cases and must not obstruct the view and freedom of movement of the driver (art.377 CDS regulation). The driver of the velocipede who violates this provision is punished with € 22 fine.
(Advice: Mario Rossi, editor of Quattroruote and author of the manual 'Defend from fines', Foschi publisher, www.mario-rossi.com)
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