If you are driving a friend and their 3-year-old child who is not properly restrained, the driver (you) will be held responsible and fined. The law generally places the responsibility on the driver to ensure that children under a certain age (often under 14 or 16) are properly secured in an appropriate child restraint system or seatbelt. For example:
- In Austria, the driver is always responsible for ensuring children under 14 are safely restrained, and failure to comply results in fines and demerit points
- In the UK, the driver is legally responsible for ensuring that a child aged 3 to 12 or under 135 cm uses the correct child restraint, with fines up to £500 for non-compliance
- In Massachusetts, the driver is fined $25 for each unrestrained child under 12 years old, except taxi drivers in certain cases
- In Australia (Queensland and New South Wales), the driver can be fined several hundred dollars plus demerit points for each unrestrained child, with specific child restraint requirements by age
- In the US, state laws vary but typically make the driver responsible for ensuring children are properly restrained, with fines ranging from $10 to $500 and possible license points
Therefore, if the 3-year-old child is not properly restrained while you are driving, you as the driver will be fined for the violation. The child’s parent or guardian who is a passenger is typically not fined for the restraint violation; the legal responsibility and penalty fall on the driver.
