While driving a motor vehicle on a roadway in Ontario, all drivers must:

• wear the complete seat belt
• infants must be in child seats
• ensure passengers under 16 years wear a seat belts
• ensure small children are restrained within the vehicle

The Highway Traffic Act of Ontario (HTA) requires that every person who is at least 16 years of age, and is a passenger in a motor vehicle on a road shall:

• occupy a seat for which a seat belt has been provided, and
• wear the complete seat belt assembly

The seat belt must be worn so that:

• the pelvic restraint is worn firmly against the body and across the hips
• the torso restraint, if there is one, is worn closely against the body and over the shoulder and across the chest
• the pelvic restraint, and the torso restraint, if there is one, are securely fastened, and
• no more than one person is wearing the seat belt assembly at one time

The above rules do not apply to a person:

• who is driving the vehicle in reverse
• has a valid medical certificate signed by a doctor, that
  • for the period stated in the certificate
  • is unable for medical reasons
  • to wear a seat belt assembly
  • due to their size, build or otherwise
• a driver who is actually engaged in work that requires them
  • to alight from or re-enter the vehicle
  • at frequent intervals, and
  • the vehicle does not exceed 40km/h

“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 pelvic restraint and a torso restraint.

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.

A conviction on the drivers abstract for failing to wear a seat belt or failing to ensure passengers wear the seat belt can affect insurance rates.

Where an accident has occurred the insurance implications will be compounded because:

• a claim for the accident has been made
• a conviction has been registered on the driving record

The way the insurance company will finds out about the ticket is:

• The insurance company contacts
  • the Ministry of Transportation and
  • checks the drivers abstract, or
• the driver calls and
  • tells the insurance company that they received a ticket

Each insurance company is a private company with their own set of rules and standards.

Some insurance companies will not increase insurance rates for one ticket and others will. The problem is drivers don’t know what the insurance company is going to do, and if asked, there is a chance they will increase it due to the inquiry.

A conviction on the drivers abstract for failing to wear a seat belt or failing to ensure passengers wear the seat belt can affect insurance rates.

Where an accident has occurred the insurance implications will be compounded because:

• a claim for the accident has been made
• a conviction has been registered on the driving record

A seat belt tickets have the following penalties:

• 2 demerit points
• out of court fine of $240.00
  • maximum fine of $500.00
• conviction appears on driving abstract for 3 years
• can affect insurance rates

Summons to Appear in Court

Where a police officer issues a summons to appear or the driver disputes the ticket, the Justice of the Peace (JP) can increase the fine up to $500.00.  This rarely happens for seat belt tickets, it is possible.

The out of court fine is actually, $200.00 but the court adds a $40.00 Victim Fine Surcharge to the ticket.

What is the Victim Fine Surcharge?

• The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act.
  • It is deposited into a special fund to help victims of crime.
• The amount of the VFS is usually 20 per cent of the imposed fine.
  • For example, a $100 fine would result in a $20 surcharge.
  • Fines over $1,000 carry a surcharge of 25 per cent.

There is no licence suspension for not wearing seat belts.

Any driver maybe suspended where any fine goes into default.

Where the licence is suspended for an unpaid fine, the licence will be suspended until the payment is made to the court.

The accumulation of demerit points can result in a licence suspension.

• Class G1 and G2 drivers are suspended for any one ticket with 4 demerit points
• Class G1 and G2 drivers are suspended for accumulating 6 demerit points
• Class G licences receive a drivers licence interview at 8 points
• Class G licences are suspended at 15 demerits