Seatbelt Violations in Ontario
Seatbelt infractions, as defined by the Ontario Highway Traffic Act, Section 106, include anyone in the vehicle not wearing their seatbelt, whether by choice or because the seatbelt is inoperable or removed, or modified to reduce its effectiveness; anyone occupying a position without a seatbelt; more than one person attempting to wear the same seatbelt; and the driver not ensuring any passengers under the age of 16 are wearing their seatbelt.
Exemptions to Wearing a Seatbelt
- Driving a motor vehicle in reverse
- Medical reasons accompanied by a certificate signed by a legally qualified medical practitioner
- Being engaged in work that requires you to regularly exit and re-enter a vehicle that does not travel more than 40 kilometres per hour
If you meet one of the abovementioned exceptions, a police officer may still give you a traffic ticket. In that case, you will have to go to court to defend your rights. However, when fighting seat belt tickets, it’s best to rely on a knowledgeable paralegal who can prepare a strong defence strategy for you.
Penalties for Seatbelt Violations in Ontario
- Two demerit points upon conviction
- Fine between $200 and $1,000
- Possible insurance rates increase
You will not receive demerit points for driving with an inoperative seatbelt or be charged as a passenger not wearing a seatbelt. However, any seat belt charge will stay on your driving record for three years and might lead to increased insurance premiums, depending on your policy.
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How to Fight Seatbelt Violations?
Hire a traffic lawyer or paralegal to represent you in court
*Remember, if you choose to simply pay the fine and not go to court, you are pleading guilty
It is highly recommended that you seek legal representation immediately if facing a seatbelt violation. Having a lawyer represent you will significantly improve your chances of winning in court and avoid hefty penalties. If you choose not to hire representation, you must be ready to go through the complicated process alone.
Why Hire a Traffic Lawyer?
As previously stated, hiring a traffic lawyer can improve your chances of winning in court if caught committing a traffic violation. And with a lawyer, you may not even need to attend court yourself. Fighting a speeding ticket alone is time-consuming and requires relevant knowledge and experience to achieve positive results in court. Therefore, working with a professional lawyer like X-Police is highly recommended to avoid frustrating outcomes.
Learn more about seatbelt violations and the penalties you can face.
1. Section 106 of the Highway Traffic Act is repealed and the following substituted:
Seat Belts
Seat Belt Assembly Must Not be Removed or Altered
106. (1) No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative, modified so as to reduce its effectiveness or is not operating properly through lack of maintenance.
Use of Seat Belt Assembly by Driver
(2) Every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly as required by subsection (5).
Use of seat belt assembly by passenger
(3) Every person who is at least 16 years old and is a passenger in a motor vehicle on a highway shall,
(a) occupy a seating position for which a seat belt assembly has been provided; and
(b) wear the complete seat belt assembly as required by subsection (5).
Driver to Ensure Young Passenger Uses Seat Belt Assembly
(4) No person shall drive on a highway a motor vehicle in which there is a passenger who is under 16 years old unless,
(a) that passenger,
(i) occupies a seating position for which a seat belt assembly has been provided, and
(ii) is wearing the complete seat belt assembly as required by subsection (5); or
(b) that passenger is required by the regulations to be secured by a child seating system or child restraint system, and is so secured.
How to Wear Seat Belt Assembly
(5) A seat belt assembly shall be worn so that,
(a) the pelvic restraint is worn firmly against the body and across the hips;
(b) the torso restraint, if there is one, is worn closely against the body and over the shoulder and across the chest;
(c) the pelvic restraint, and the torso restraint, if there is one, are securely fastened; and
(d) no more than one person is wearing the seat belt assembly at any one time.
Exception
(6) Subsections (2) and (3) do not apply to a person,
(a) who is driving a motor vehicle in reverse;
(b) who holds a certificate signed by a legally qualified medical practitioner certifying that the person is,
(i) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, or
(ii) because of the person’s size, build or other physical characteristic, unable to wear a seat belt assembly; or
(c) who is actually engaged in work which requires him or her to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed exceeding 40 kilometres per hour.
Same
(7) Clause (4) (a) does not apply in respect of a passenger if the passenger holds a certificate signed by a legally qualified medical practitioner certifying that the passenger is,
(a) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly; or
(b) because of the person’s size, build or other physical characteristic, unable to wear a seat belt assembly.
Regulations
(8) The Lieutenant Governor in Council may make regulations,
(a) requiring that children or any class of children be secured in child seating systems and child restraint systems in motor vehicles on highways;
(b) prescribing the specifications of child seating systems and child restraint systems, prescribing different child seating systems and child restraint systems for different classes of children, governing the use of such systems, including prescribing the manner in which a child is to be secured in child seating systems and child restraint systems;
(c) prescribing classes of children, based on the age, height or weight of a child or the relationship of a child to the driver or owner of the motor vehicle;
(d) prescribing classes of motor vehicles, drivers and passengers;
(e) exempting from any of the provisions of this section or the regulations made under this section,
(i) any class of motor vehicle,
(ii) any class of driver or passenger, or
(iii) drivers carrying any prescribed class of passenger,
and prescribing conditions for any such exemption;
(f) prescribing circumstances in which drivers, or any class of driver, is exempt from any of the provisions of this section or the regulations made under this section, and prescribing conditions for any such exemption.
Definition
(9) In this section,
“seat belt assembly” means a device or assembly composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint or a pelvic restraint and a torso restraint.