DEFENDING DRIVERS ACROSS ONTARIO
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 the offence. Seatbelt charges are prosecuted under the Provincial Offences Act, which governs how these matters are handled in court.
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.
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 appears on the driver’s record for three years and may affect insurance at renewal.
- 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.
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. In rare cases where seatbelt allegations are tied to broader driving behaviour or an accident, police may also lay a careless driving charge, which carries significantly higher penalties. See how careless driving charges are handled in Ontario.
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!
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