SEAT BELT RULES AND VIOLATION IN CANADA

SEAT BELT VIOLATION

Seat belt, according to Merriam Webster dictionary, is an arrangement of straps designed to hold a person steady in a seat (as in airplane or automobile). In other word, a seat belt is a strap designed on a vehicle’s seat to keep the person sitting on the chair steady in case of any crash. 

Using seatbelt is made mandatory in all countries in the world as one of the strategies to protect drivers and passengers in case of an accident. This will as well increase their chances of surviving in the crash. The use of seatbelt has drastically reduced the rate the death during road accident. 

In Canada, all the provinces have the principal seatbelt enforcement law, though there are some differences in each province, especially in the aspect of child restraint laws.

Effect Of Seat Belt Legislation In Canada

Research and observation by the road safety authorities made it clear that the seat belt enforcement has drastically curbed the rate of causalities in road accidents in Canada. The use of crash test dummies and human cadavers as means of experiment also show that wearing seat belts reduces the death risk and injuries during accidents.

Having a close look at the research made on accidents, it is safe to say that the death rate among motor vehicle occupants would have been reduced by 50 percent if they had worn seat belt, i.e. the seat belt legislation has reduced fertility rate of motor vehicle occupants by 50% and save more than 6,000 lives every year in Canada.

Seat Belt Legislation Success Rate

The seat belt legislation enforcement is not yet totally successful as we still have many drivers and passengers who don’t wear seatbelt. However, the percentage recorded according to the surveys of seatbelt use in Canada shows that 91% of all the vehicles’ occupants wear seat belt –drivers 92%, front seat occupants 91% and rear seat occupants 84%. This is comparatively high when compared to other countries like USA, Italy, Ireland, Netherland and many more.

Important Of  Wearing Seat Belt While Travelling

It is important to always wear a seatbelt whenever you are going to anywhere in a motor vehicle irrespective the distance of where you are going or the speed at which the vehicle is moving.

Simple Tips To Fasten Your Seat  Belt Properly (For Adult)

It is important always to wear a suit belt whenever you are traveling in a vehicle. Meanwhile, it is more important to fasten your seat belt correctly. Here are simple tips to fasten your seat belt properly whenever you are occupying in a moving vehicle.

1. Seat upright and rest your back on the seat and your feet on the floor: It is crucial always to sit upright anytime you want to use a seat belt. This is the first thing when it comes to fastening your seat belt correctly. Improper sitting positions like slouching or putting your legs on the dashboard will reduce the effectiveness of the seat belt and could cause more injuries during an accident.
2. Wear a shoulder harness: Always wear a shoulder harness across your shoulder and chest with a very little slack. Some people wear the shoulder harness under the arm or behind the back, which is dangerous and can lead to severe injuries if there is an accident. The shoulder harness is designed to be worn across your shoulder and chest.
3. The lap belt should lie low across your hips: Adjust your lap belt and fastening it and ensure it snug and lie low across your hips. This will hold you back/stop you from sliding out of the belt in case of an accident.
4. Remove all slacks from the seat belt: Ensure you remove all slacks from your lap and shoulder when/after fastening a seatbelt. The slack will reduce the effectiveness and wouldn’t hold you steady enough if there is an accident. 

Safety Tips For Child Car Seat

SEAT BELT VIOLATION

Apart from the prohibition of placing children in the passenger seat without the use of safety seat or seat buster, you need to also understand these rules are laid down to keep your child safe in the car. Research made it known that correctly use of safety seat reduce the risk of death for children by 67 percent. 

However, apart from just buying a child safety seat, it is also essential to buy a right Canadian Motor vehicle Safety Standards (CMVSS) – approved child safety seat. It is advisable to buy your safety seat in Canada or from a Canadian vendor, if at all you want to it online to ensure you get the right one. 

It is also vital to ensure the safety seat is installed correctly. Here are simple tips for installing your child seat correctly.

• Buckle up children between the age of 12 and 6 in the back seat that is appropriate for their age and weight.
• Don’t put the rear-facing infant restraint in a seat with an active airbag.
• Don’t carry child in your hand or anywhere around the driver’s seat when driving.
• Don’t buckle up two or more children in one seatbelt. The force may throw them convulsively together if there is an accident.

Child Seating And Restraint System

There are four stages involve in the child seating and restraint system as stated in the Federal Motor Vehicle Safety Act. The stages are diving based on the age group and weight.

First Stage

Infant/toddlers passenger: Infant/toddlers are required by the federal Motor Vehicle Safety Act to be secured in a rear-facing infant seat, and they must be kept away from chairs with active airbag until they are one year old or more and weigh a minimum of nine kg. 

Second Stage

Toddler/preschool passenger: toddler and preschool passenger who is one year old or older and weigh between nine kg and eighteen kg must be secure in a car seat.

Third stage 

Children below nine years old: According to the Federal Motor Vehicle Safety Act, it compulsory to place children under nine years to seat in a seat booster and they should use the shoulder and lap belt if they are up to 18 kg.

Fourth stage

12 years old children

Children between the age of 12 or below who are too old or too big for the seat buster should sit down at the rear seat and wear a correctly adjusted seat belt.

Good Belt Fit And Bad Belt Fit

An ubiquitous term in fasting seat belt is “good belt fit” and “bad belt fit”. Perhaps you have been inside a taxi before, and the taxi driver asked you if you have a good fit. A “good fit means tightening the seatbelt in a way that the force of impact in case of an accident will be transferred to the bony structure of pelvis and chest.  “Poor fit” is if you place the lap belt over the abdomen area or when you place the shoulder behind your back or under your arm.

So always keep a good belt fit…

The Different Between Air Bags And Seat Belt 

There is a clear difference between the seat belt and the airbag and the two don’t serve the same purpose. Airbags are designed to protect you against hitting the steering wheel, dashboard or windshield. It can’t hold you from sliding or hit from the side during an accident.  The Airbag is not an alternative for seat belts, and shouldn’t be seen as a replacement for seatbelts. Ensure you wear your seatbelt even if your motor vehicle is equipped with an airbag.

Seat Belt Legislation In Alberta

According to Alberta’s Traffic Safety Act Vehicle Equipment Regulation Part 5 and the Federal Motor Vehicle Safety Act, all occupants traveling in a motor vehicle must wear seatbelt, and the drivers are responsible for ensuring every passenger below 16 years old wear their seat belt properly. Every passenger must wear the seat belt correctly, using the complete seat belt assembly – the shoulder belt fasten across the chest and the lap belt across the top of the hips.

Other seat belt legislation as stated in the Alberta’s Traffic Safety Act Vehicle Equipment Regulation.

• You must tamper or remove the seat belt assembly in your motor vehicle.
• You must not make changes that will render the seat belt assembly inoperative.
• You must not make any adjustment to reduce the effectiveness of the seat belt. 
• You must not buy or sell a motor vehicle without a seat belt.

Child Safety Seat In Alberta

According to Alberta’s Traffic Safety Act Vehicle Equipment Regulation Part 5, every child under six years old and whose weight is 18Kg or below must be correctly restrained in a car safety seat. The car safety seat must have a label which indicates that the car safety seat meets the Canadian Motor Vehicle safety standard 213. 

Notice: The car safety seat can easily be installed by following the car manufacturer and the child safety seat manufacturer’s instruction manual.

Penalties For Seat Belt Violation In Alberta

According to the surveys of seatbelt use in Canada, there is a 91.0% total usage of seat belt in Alberta.

• Base fine before fees:  Passenger or driver who is convict of seat belt violation will pay a base fine of $115. In case of Passenger below the age of 16, the driver will be responsible for the fine which is also $155.
• Demerit points assigned: Seat belt violation in Alberta does not attract any demerit point.

Seat Belt Violation In British Columbia

Seat belt violation was added to the British Columbia traffic regulation on October 1, 1977, under Section 220 of the Motor Vehicle Act. Motor Vehicle occupant who refuses to use seatbelt will be fined $167. According to the surveys of seatbelt use in Canada, the percentage of seat belt user in British Columbia is 96.8% which makes it the province with the highest percentage of seat belt users along with Saskatchewan. Demerit point is not applicable for seat belt violation in British Columbia.

Laws That Guide Seat Belt Legislature In British Columbia 

The British Columba Motor Vehicle Act, Section 220 forbids buying and selling of vehicles without seat belt assemblies and removing or reducing the effectives of seat belt assemblies from your motor vehicle. Drivers who are culprit of this will be charged with seat belt violation ticket.

Child Safety And Restrain System In British Columbia 

The British Columbia Motor Vehicle ACT make it compulsory for 

• Infants are to sit in the rear-facing car seat until they are up to 12 moths/1years old and weigh over 90 kg. 
• Toddler – one-year-old or more are required to be placed in a safety seat, , and the safety seat should be put in the front passenger.
• Children below the age of 9 are required to sit in a booster seat with seatbelt until they have attained reached the hight145 cm.
• Properly adjusted seat belt for children above nine years old. The driver will be responsible for the use of seatbelt for children between 9 and 12 years old.

Penalties For Seat Belt Violation In British Columbia

Base fine before fees:  Passenger or driver who is convict of seat belt violation will pay a base fine of $167. The driver will be responsible for the payment of a a fine for passenger below 12 years old.

Demerit points assigned: There is no demerit point for seat belt violation in British Columbia.

Seat Belt Legislation In Quebec

Quebec is the second province after Ontario to pass seat belt regulation in Canada. The seat belt law started was made effective on August 15, 1976. Since then the law enforcement agency has been giving seat belt ticket to all motor vehicle occupants without seatbelt. The law states that everyone traveling in a motor vehicle must wear seatbelt and the drivers are responsible for ensuring every passenger below 16 years old wear their seat belt properly. Every passenger must wear the seat belt correctly, using the complete seat belt assembly – the shoulder belt fastens across the chest and the lap belt across the top of the hips.

Removal Of Seat Assemblies In Quebec

Removing seat belt or tampering with its effectiveness is count as seat belt violation in Quebec and you are liable to fine and demerit point. The Quebec traffic law also frowns at the selling or buying vehicles without seat belt assemblies.

Penalties For Seat Belt Violation In Quebec 

90.0% Quebec motor vehicle occupants wear seat belt according to the surveys of seatbelt use in Canada, 

• Base fine before fees:  The base fine before fees in Quebec varies from $115 – $155. The drivers are responsible for the payment of penaltiespenalties in cases whereby the passenger is below 16 years old.
• Demerit points assigned: Seat belt violation attract 3 demerit point.

Seat Belt Legislation In Ontario

Ontario is the first province to pass seat belt regulation into law in Canada on January 1, 1976, to reduce the rate of death and injuries during road accident. The law was added to the Ontario Highway Traffic Act, and any driver or passenger who refuses not to adhere by the seat belt registration will be fined $240, and removal of two points from the driver’s record.  Drivers are held responsible for the use of seat belt for children, and driver’s culprit of this will pay the $240 fine and two demerit point from his driver record.

According to the surveys of seatbelt use in Canada, 96.0% motor vehicle occupants use seatbelt correctly. 

Other seat belt legislation as stated in the Ontario Highway Traffic Act 

• You must not tamper or remove the seat belt assembly in your motor vehicle.
• You must not make changes that will render the seat belt assembly inoperative.
• You must not make any adjustment to reduce the effectiveness of the seat belt. 
• You must not buy or sell a motor vehicle without seatbelt.

Child Safety Seat In Ontario

The Ontario Highway Traffic Act compelled it that:

• Infants are to sit in the rear-facing car seat until they are up to 12 moths/1years old and weigh over 90 kg (20 ibs). 
• Toddler – one-year-old or more are required to be placed in a safety seat, and the safety seat should be put in the front passenger.
• Children below the age of 9 are required to sit in a booster seat with seatbelt until they have attained reached the hight145 cm.
• Properly adjusted seat belt for children above nine years old. The driver will be responsible for the use of seatbelt for children between 9 and 12 years old.

Penalties For Seat Belt Violation In Ontario 

Base fine before fees:  Passenger or driver who is convict of seat belt violation will pay a base fine of $240. The driver will also be responsible for payment of fine for passenger below 16 years old.

Demerit points assigned: Seat belt violation in Ontario attract 2 demerit point.

Seat Belt Violation Ticket And Its Effect On Insurance Rate

Seat belt violation varies form one province to another and in most cases doesn’t have any effect on your insurance rate. Seat belt violation in provinces with zero demerit point like Alberta and British Columbia often do not add up to your driver’s abstract and the insurance company wouldn’t increase your insurance rate.

At times your driving record also matter. If you have a good driving record, you might not need to be bothered about increase in insurance rate even if culprit of the offence. It will most likely be overlooked. However, if you have a bad driving record, small offence like seat belt violation may jack up your insurance rate. 

Seat Belt Law For Taxi Drivers In Canada

Taxi cab drivers are not compelled to wear seat belt when transporting a passenger for hire. However, taxi drivers must always wear seatbelt when driving alone. 

Exception For Seat Belt Violation In Canada

Vehicles that exempt you from using seatbelt

The use of seatbelt is not compulsory in the following vehicles:

• Buses (This include school buses)
• Large commercial vehicles that weigh over 4,536 kg and doesn’t have installed seatbelt in the rear seating passions during manufacture
• The vehicle without any seatbelt assemblies during manufacture and are approved to move on Canada road.
• Passengers that are exempt from using seatbelt  
• The use of seatbelt is not mandatory for the following set of passenger or driver.
• People with medical conditions and are advised not to use the seat belt. Please ensure you get a medical certificate for this and always have it with you when traveling to avoid seat belt violation charges.
• People who engage in work that requires them to leave the re-enter the vehicle in less than 40 km/h/
• Firefighters during emergency or operation. 
• A person in police custody while being transported, as well as police and peace officers while transporting someone in custody.
• Workers of Canada Post-delivery rural mail.
• Anyone legally driving a motor vehicle in reverse.

Fight Your Seat Belt Violation

Though seat belt violation is a minor traffic offense with little charges in terms of fines and demerit point, nevertheless, the 2 – 3 demerit points might have a negative effect on your driver’s license and make you look like a transgressor of all laws. Also in cases whereby you accumulate many demerit points, adding 2 – 3 demerit point can also complicate the whole thing before you know it.

Hire the service of a professional paralegal who is well experienced in fighting traffic ticket to fight your seat belt violation ticket for you. 

You also have the right to appear in court yourself to defend your seat belt violation. You can get in touch with us to guide you on the procedure to take to fight your traffic ticket and ensure everything moves on smoothly with you. You can also contact us for any other traffic violation ticket, and we assure you our best support and guidance. 

Always get in touch with us through our website traffictickseperts.com. Our services are not limited to Ontario; our paralegal services also cover Toronto, Alberta, Edmonton, Calgary, Manitoba, Winnipeg, British Columbia and other provinces in Canada. Our paralegals team are very competent and reliable with a high success rate of fighting traffic tickets. We help you handle your charges, starting from filling the tickets, requesting disclosure document, and preparing relevant litigation support. With traffictickseperts.com, your traffic tickets are covered.