Seatbelts
Ontario Provincial Offences
Seatbelt laws in Ontario are enforced by the police and non-compliance can result in a fine. Seatbelt laws are an important part of keeping drivers and passengers safe on the roads. It is important to follow the laws and wear a seatbelt at all times when travelling in a motor vehicle.
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Failure to Wear a Seatbelt in Ontario
As Ontarians, we know the importance of following safety protocols while driving. This is why it’s important to stay up to date on the seatbelt laws in Ontario.
Wearing a seatbelt is one of the most important safety protocols for drivers and passengers. It is the law in Ontario to wear a seatbelt in any motor vehicle, including cars, trucks, vans, buses, and taxis. All occupants must wear a seatbelt, regardless of where they are sitting in the vehicle. If you are caught not wearing a seatbelt, you can be fined up to $240.
It is important to note that the seatbelt law applies to all vehicles. This includes cars, trucks, vans, taxis, buses, and even off-road vehicles. All passengers must wear a seatbelt, no matter where they are sitting in the vehicle. This includes the driver, front seat occupants, and back seat occupants. Children under the age of 16 must be properly restrained in an approved child safety seat or booster seat, depending on their age and size.
When driving in Ontario, it is important to remember to wear your seatbelt at all times. Seatbelts can save lives and reduce the severity of injuries in the event of a crash. By following the seatbelt laws in Ontario, you are helping to keep yourself and your passengers safe.
Defences for Not Buckling Up
It can be easy to forget to buckle up when you get in the car, but in Ontario, not wearing a seatbelt could come with a hefty fine. According to the Ontario Ministry of Transportation, not wearing a seatbelt while driving or riding in a vehicle can result in a minimum fine of $200 and two demerit points.
So, what can you do if you get pulled over for not wearing a seatbelt? Some defences may be available to you.
The first defence is that the seatbelt was not working or was defective. This defence is unlikely to work if you can clearly remember putting the seatbelt on, as you could be considered to have voluntarily taken the risk.
Another defence may be that the seatbelt was not available to you. This could be argued if, for example, the car you were in did not have seatbelts installed or the seatbelt was broken or not fastened properly.
Finally, you may be able to argue that you were unable to wear a seatbelt because of a medical condition. If you had a doctor’s note verifying this, it may be accepted as a defence.
It’s important to remember that while these defences may be available to you, they are not guaranteed to be successful. Ultimately, the judge will decide if they are acceptable defences.
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Seatbelt Tickets
Some important things that you should know about seatbelt tickets.
Seatbelt Law Explained
- According to the Highway Traffic Act, section 106, every driver and passenger must wear a seat belt while driving on a highway. The seatbelts must be in good order and properly adjusted.
- Seat belt traffic violations include: driver not wearing a seat belt, passenger not wearing a seat belt, and not ensuring passengers under 16 years wear seat belts.
- Despite the exceptions, a police officer may still hand you a traffic ticket.
IMPORTANT NOTE:
All the seatbelts must be in good working order and are properly adjusted. The strap should not be under the arm or behind the back of the driver or passenger and it should cross the chest and lower hips of the person. It shouldn't be twisted either.
Seatbelt Penalties
- You may face 2 demerit points upon conviction, plus a fine of $200, and possible insurance rates increase.
DRIVER:
- Drive with seat belt removed
- Drive with seat belt inoperative
- Drive with seat belt modified
- Driver — fail to properly wear seat belt
PASSENGER:
- Passenger — fail to occupy position with seat belt
- Passenger — fail to properly wear seat belt
UNDER 16 & CHILD PASSENGER:
- Drive while passenger under 16 fails to occupy position with seat belt
- Drive while passenger under 16 fails to properly wear seat belt
- Drive while child passenger not properly secured
Defending Seatbelt Tickets
- Step 1: Hire a professional paralegal to defend your rights in court.
- Step 2: Do your research.
- Step 3: File your ticket to a court within 15 days of receiving it, and decide whether to accept the charge or go to trial.
EXCEPTIONS:
There are, however, some exceptions to wearing a seat belt:
- Frequently exiting and entering the motor vehicle while engaged in work, and the vehicle's speed does not exceed 40 kilometres per hour.
- You may still receive a traffic ticket despite meeting one of the exceptions listed above, so you'll have to appear in court and defend your rights.
- Reverse driving
- Medical restrictions (the driver must possess a doctor's certificate)
Frequently Asked Questions
Here are answers to some common questions.