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SEATBELT OFFENCES

Seat belt violations include both the driver and passenger and result in two demerit points.

Seat belt violations include both the driver and passenger and result in two demerit points. The following table lists detailed violations in relation to seat belts as specified in the Highway Traffic Act and its regulations:

Violations related to Seatbelt under the HTA and Reg. 613

Type of ViolationDemit PointsFines and Other Costs
Driver failing to properly wear seat belt2
  • Fine: Between $200 and $1,000
  • Victim Surcharge: $35
  • Court Costs: $5
Driving while passenger under 16 fails to occupy position with seat belt2
  • Fine: Between $200 and $1,000
  • Victim Surcharge: $35
  • Court Costs: $5
Driving while passenger under 16 fails to properly wear seat belt2
  • Fine: Between $200 and $1,000
  • Victim Surcharge: $35
  • Court Costs: $5
Driving while child passenger not properly secured2
  • Fine: Between $200 and $1,000
  • Victim Surcharge: $35
  • Court Costs: $5
Driver failing to ensure infant2
  • Fine: Between $200 and $1,000
  • Victim Surcharge: $35
  • Court Costs: $5
Driver failing to ensure toddler (9-18 kg) is secured by a seat belt and tether strap attached to an anchor bolted into the vehicle’s frame2
  • Fine: Between $200 and $1,000
  • Victim Surcharge: $35
  • Court Costs: $5
Driver failing to ensure child passenger is secured properly2
  • Fine: Between $200 and $1,000
  • Victim Surcharge: $35
  • Court Costs: $5
Passengers who are 16 years of age and older are responsible for buckling themselves up, otherwise they can face the fine-
  • Fine: Between $200 and $1,000
  • Victim Surcharge: $35
  • Court Costs: $5
Passengers appear above 16 failing to give prove their identification is also an offence and subject to the fine-
  • Fine: Between $200 and $1,000
  • Victim Surcharge: $35
  • Court Costs: $5

There are some exceptions to rules of wearing seat belts which can also be reasons for not being punished. However, you are required to have the certificate available at the scene. Exceptions include:

  1. a person who is driving a motor vehicle in reverse;
  2. a driver or passenger who holds a certificate signed by a legally qualified medical practitioner certifying that the person is unable for medical reasons to wear a seat belt;
  3. a driver or passenger who holds a certificate because the person’s size, build or other physical characteristic make them unable to wear a seat belt assembly
  4. exception for people who are engaged in work which requires him or her to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed exceeding 40 kilometres per hour, i.e. police, mail carrier, or firefighter.
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