Fines for not using seat belts

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Boiko Kateryna

Lawyer

Poland / Warsaw

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Publication date: 02.02.2026

A fine for not wearing seat belts is one of the most common traffic violations in Poland. The legislator considers the use of seat belts a basic element of protecting the life and health of road users; therefore, sanctions for violating this obligation are applied quite often. At the same time, in practice, not every such fine is absolutely justified.

Often, the decision to impose a fine is made on the basis of a brief visual observation by a police officer, without photo or video recording. In such situations, the question arises whether procedural requirements have been met and whether there is sufficient evidence of the violation. That is why legal assistance in the case of a seat belt fine plays a key role for drivers and passengers who want to protect their rights and avoid unjustified sanctions.

Obligation to use seat belts: legal principles

According to current traffic regulations, the driver’s obligation to fasten a seat belt applies to both the driver and the passengers of the vehicle, regardless of which seat they are in. The purpose of this rule is to minimize the risk of serious injuries in the event of an accident.

However, the law provides for certain exceptions. They may relate to:

1. medical indications confirmed by relevant documents;
   
    
2. performance of special official duties;
   
    
3. design features or the purpose of the vehicle.
   
    

In practice, police officers do not always take such exceptions into account or verify them properly. As a result, a fine may be imposed formally, without analyzing the specific situation, which opens up the possibility to appeal a fine for not wearing a seat belt.

Responsibility of the driver and passenger: important differences

The issue of responsibility for an unfastened seat belt often causes confusion. It is important to understand that passenger liability for not wearing a seat belt may exist separately from the driver’s liability. In particular:

• the driver is liable for his own violation;
  
   
• an adult passenger is liable for himself;
  
   
• the driver may be liable for children or persons under his care.
  
   

Incorrect determination of the subject of liability is one of the most common errors when drawing up reports. This mistake often becomes the basis for filing an appeal and canceling the fine.

When a fine for not wearing a seat belt can be successfully appealed

Appealing a fine for not wearing a seat belt is appropriate in many situations, including when:

1. there is no objective evidence of the violation (photo or video);
   
    
2. the police officer’s observation was short-term or carried out from a long distance;
   
    
3. the seat belt was fastened but not visible through outer clothing;
   
    
4. the driver or passenger used a legal exception;
   
    
5. responsibility was assigned to the wrong person.
   
    

Each case requires an individual analysis, as even minor procedural violations can be decisive for the outcome.

How a lawyer helps in seat belt cases

Legal assistance in the case of a seat belt fine is not limited to the formal filing of an appeal. A lawyer accompanies the client at all stages of the proceedings and ensures comprehensive protection of interests. Practical assistance includes:

1. analysis of the decision and case materials;
   
    
2. assessment of whether the obligation to use a seat belt existed in the specific situation;
   
    
3. verification of the correctness of determining liability;
   
    
4. preparation of an appeal or objection;
   
    
5. representation of the client’s interests before administrative authorities or the court;
   
    
6. work on canceling the fine or reducing the sanction.
   
    

This approach helps avoid hasty decisions and enables reasonable actions based on real chances of success.

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