Recently updated on July 14, 2020 at 11:53 am
There has been a so-called in Germany since 1.1.1976 Seatbelt duty. The obligation to wear a seat belt is, however, sometimes controversial, because there are situations and circumstances in which seat belts are more of an obstacle than protection. These can be of a very practical nature, for example with postmen who deliver from house to house and have to unbuckle and buckle up each time. And then there are also health reasons that speak against it rather than buckling up. Fortunately, the legislature has thought of such situations. In these cases, you can apply for a so-called seat belt release. A belt exemption is - as the name suggests - an exemption from the belt or the obligation to wear a seat belt. Incidentally, seat belts have only been mandatory across Europe since 2006.
applicable to some classic cars
§21a StVO already clearly regulates who does not have to buckle up. For example, those who deliver from door to door or perform services often have to get in and out of them. Even those who drive backwards can omit the seat belt. In parking lots or when reversing without belts, you should consider driving at walking pace only. And drivers who are smaller than 150 cm can also be exempted from the obligation to wear a seat belt by means of a special permit. Furthermore, there is no need to buckle up if the vehicle does not have a seat belt ex works. This is often the case for vehicles before 1976. Even if you sit against the direction of travel, you are not obliged to fasten your seat belt and have an automatic belt release.
When do you have to apply for a belt exemption?
To apply for a belt exemption in the case of medical reasons. In the case of a pacemaker, for example. Then it must be checked carefully whether and to what extent the belt affects health. To do this, you have to submit an application to the responsible road traffic authority. A medical certificate must be submitted with the application, which shows that wearing a seat belt would have a major impact on health. In the case of pregnancy, the belt is often uncomfortable, but it is not common for pregnant women to get a belt release. In this case there is Extensionsthat make wearing the belt more comfortable. In any case, mother and child are better protected in the event of an impact with a belt than without.
Incidentally, if the health problems are only of a temporary nature, it is also possible that the belt exemption is only issued for a limited time. In all cases, the exemption must always be carried, without the certificate of the belt exemption the usual fines threaten, which we have listed for you below. Incidentally, the costs for the application process vary from district to district and you should get detailed information from the authorities beforehand. There may also be costs for certificates or extra examinations by the doctor.
summarized the most important information:
- Belt exemption is only conceivable in certain individual cases
- the seat belt is subject to a statutory seat belt requirement in accordance with Section 21a (1) of the Road Traffic Ordinance
- Belt exemption requires a valid reason (basis is § 46 StVO)
- Reasons include health restrictions, height less than 150 cm, drivers of parcel services
- It is also important to check whether the obstacles cannot be eliminated
- A seat belt exemption or exception does NOT automatically apply to the police, armed forces and civil protection
- Seatbelts are not compulsory for journeys at walking speed (does not apply to traffic jams) and in many public transport buses
- Belt exemption must be submitted to the responsible road traffic authority
- Required documents are:
- Medical certificate stating the duration of the impairment
- ID card for identification
- Completed form or an informal application (depending on the authority) - Seat belts are often only released for a limited period of time (permanent belt release is possible, however)
- Cost: from 10 to about 40 euros
the penalties for neglecting the seat belt
violation | Points | Fines (€) |
Not strapped in while driving | 0 | 30 Euros |
Child not strapped in the car while driving |
0 | 30 Euros |
several children not buckled up in the car while driving |
0 | 35 Euros |
Child without any security in the car while driving (e.g. no belt and no child seat) |
1 | 60 Euros |
several children not buckled up in the car while driving (e.g. no belt and no child seat) |
1 | 70 Euros |
Below are a few examples from our traffic law lexicon:
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