DEFENDING DRIVERS ACROSS TORONTO, ON
SEATBELT VIOLATIONS
A Seatbelt offence carries 2 demerit points against your driver’s licence. The conviction for a seatbelt infraction will remain on your driving record for three years from the date of offence.
Seatbelt infractions include the driver or passenger of a motor vehicle not wearing, or not properly wearing their seatbelt; driver not ensuring that passengers under the age of 16 are wearing their seatbelt; not occupying a position with a seatbelt, not ensuring that a child passenger or toddler is properly secured; driving a vehicle with the seatbelt removed or inoperative.
There are a few exemptions to wearing a seatbelt: Medical reasons and being engaged in work that requires you to exit from your vehicle at frequent intervals as long as the vehicle does not travel above 40km/hour.
Understanding Seatbelt Offenses and Demerit Points in Ontario
In Ontario, the law mandates that all drivers and passengers wear seatbelts properly. This rule is not only a crucial safety measure but also a legal requirement to prevent or mitigate injury during accidents. Here’s what you need to know about seatbelt offences, including the demerit points involved for drivers failing to wear a seatbelt.
Seatbelt Penalties: A Closer Look
Demerit Points and Fines:
- Drivers caught not wearing a seatbelt will receive two (2) demerit points.
- A fine of two hundred and forty ($240) dollars is also imposed for this violation.
Additional Consequences:
- A conviction for a seatbelt offence is registered on the driver’s record for three years, affecting insurance rates.
- Novice drivers face potential license suspensions for non-compliance with seatbelt laws.
- Insurance premiums may increase due to any moving violation on a driver’s record.
Need Legal Help?
If you’re facing a seatbelt ticket in Ontario, professional legal assistance can make a significant difference. Expert defence can help protect your demerit points, insurance rates, and driving record. Don’t navigate this alone; contact us to explore your options and potentially save your demerits and insurance rates from unwarranted increases.
Navigating the complexities of seatbelt offences in Ontario requires expert knowledge; we strongly advise seeking professional legal counsel to safeguard your driving privileges.
Key Points about Seatbelt Offenses
Seat Belt Assembly:
The term “seat belt assembly” refers to a system designed to secure and restrain the occupants of a vehicle, including both pelvic and torso restraints, to prevent injuries.
Responsibilities:
- Drivers are responsible for ensuring that passengers under 16 years of age are wearing seatbelts.
- The Highway Traffic Act section 106 outlines the specifics of wearing seatbelts and the responsibilities of drivers and passengers.
Novice Drivers:
- Restrictions include carrying only as many passengers as there are seatbelts for.
- Only one passenger under nineteen (19) years of age is allowed, aside from the restrictions for full license holders.
Fighting Seatbelt Tickets
Fighting a seatbelt ticket involves proving four essential elements:
- The driver was on a roadway.
- The individual was operating a motor vehicle as defined by the Highway Traffic Act.
- A working seatbelt was present in the vehicle.
- The driver was wearing the seatbelt properly at the time of the offence.
Discrepancies between the officer’s perception and the driver’s reality, obstructed views, or credible evidence contrary to the officer’s can lead to the dismissal of the charge. A proper defence might include a cross-examination of the officer, legal arguments, addressing disclosure issues, and applying time delay or charter applications.
Did you know?
In Ontario, failing to wear a seatbelt or ensuring passengers are properly buckled up can not only result in demerit points but may also significantly impact your insurance rates due to the conviction being recorded on your driving history for three years!
Is your licence suspended because of unpaid fines?
Demerit points across ontario
Did you know...
7 Points – Failing to Remain at Scene of Accident
7 Points – Driver failing to stop when signaled or requested to by a police officer
6 Points – Careless Driving
6 Points – Racing
6 Points – Failing to Stop for School Bus
6 Points – Exceeding Speed limit by 50 Kilometers per hour or more
5 Points – Driver of public vehicle or School Bus failing to stop at Railway Crossings
4 Points – Exceeding Speed limit by 30-49 Kilometers per hour
4 Points – Following too closely
3 Points – Exceeding Speed limit by 16-29 Kilometers per hour
3 Points – Driving through, around, or under Railway Crossing Barrier
3 Points – Failing to Yield Right of Way
3 Points – Failing to obey a stop sign, signal light or Railway Crossing Signal
3 Points – Failing to Obey directions of police constable
3 Points – Driving or operating a vehicle on a closed highway
3 Points – Failing to report an accident
3 Points – Improper passing
3 Points – Improper Driving where highway divided into lanes
3 Points – Crowding Driver’s Seat
3 Points – Drive Wrong Way – Divided Highway
3 Points – Cross Divided highway – No proper crossing provided
3 Points – Wrong Way in one way Street or Traffic
3 Points – Failing to slow down and proceed with caution when approaching stopped emergency vehicle
3 Points – Failing to move into another lane when approaching stopped emergency vehicle – if safe to do
2 Points – Backing on a highway
2 Points – Pedestrian Crossover
2 Points – Failing to share road
2 Points – Improper Right Turn
2 Points – Improper Left Turn
2 Points – Failing to Signal
2 Points – Unnecessary Slow Driving
2 Points – Failing to lower headlamp beam
2 Points – Improper opening of vehicle door
2 Points – Prohibited Turns
2 Points – Towing of persons on toboggans, bicycles, skis, etc. prohibited
2 Points – Failing to obey sign prescribed by regulation under subsection 182(1)
2 Points – Driver failing to wear complete Seatbelt assembly
2 Points – Driver failing to ensure passenger under 16 years wears complete seatbelt assembly
2 Points – Driver failing to ensure child passenger under 23 Kilograms occupies position with seatbelt
PROFESSIONAL case evaluation
your first consultation is free!
Simply fill out our form telling us about your ticket. Upload a photo of your ticket and drivers licence or photo ID and we’ll be in touch with you within 2 business days to discuss how to proceed with our services and what you can expect. This initial review and consultation is free of charge, so book now.
GOOGLE REVIEWS
We have a 5-star rating on Google from hundreds of satisfied clients!