Question 1

What are the penalties for not wearing a seat belt in Ontario?

Accepted Answer

Seat belt violation penalties: Driver not wearing seat belt: $240 fine plus victim surcharge (total approximately $310), 2 demerit points. Passenger violations: passenger receives $240 fine, driver receives 2 demerit points if passenger under 16. Child restraint violations: $240 fine, 2 demerit points, possible child endangerment charges in severe cases. Insurance impact: conviction typically increases premiums 5-15% for 3 years. Commercial drivers face additional employer penalties and potential job impact. Demerit points accumulate with other violations potentially leading to licence suspension.

Question 2

Can I fight a seat belt ticket in Ontario?

Accepted Answer

Yes, seat belt tickets can be successfully fought. Common defences include: officer observation challenges (tinted windows, viewing angle, belt position), medical exemptions (documented conditions preventing seat belt use), mechanical defects (broken seat belt mechanism with repair evidence), emergency circumstances justifying temporary non-use, improper stop or Charter violations, technical defects in ticket. Success rates: 40-60% for dismissal or reduction with professional representation. Even if conviction occurs, negotiations often secure reduced fines or elimination of demerit points protecting insurance rates. Professional representation typically costs less than long-term insurance increases from conviction.

Question 3

Do passengers get in trouble for not wearing seat belts?

Accepted Answer

Yes, both passengers and drivers can be charged. Passenger 16+ years: passenger receives ticket and fine ($240), driver not penalized unless enabling violation. Passenger under 16: driver receives ticket, fine, AND demerit points for failing to ensure child passenger properly restrained. Driver responsibilities: ensure all passengers under 16 properly seat belted or in appropriate child restraints, ensure sufficient seat belts available for all passengers, may refuse to drive if passengers won't comply. Commercial vehicles and taxis have special rules. We defend both driver and passenger seat belt charges, challenging observations and assessing who bears legal responsibility based on ages and circumstances.

Question 4

Are there medical exemptions for seat belt requirements in Ontario?

Accepted Answer

Yes, limited medical exemptions exist but require proper documentation. Valid exemptions: physician's certificate stating medical condition preventing seat belt use (specific condition details required), temporary exemptions for post-surgical patients (time-limited with medical documentation), pregnancy complications (rare, requires specialist documentation). NOT valid excuses: general discomfort, claustrophobia without diagnosis, obesity (adaptive equipment available), old injuries without current medical documentation. Proper procedure: carry physician's certificate in vehicle at all times, provide to officer when stopped, documentation must be current and specific. We help clients obtain proper medical documentation, present exemptions effectively to prosecutors, and challenge charges where medical conditions weren't considered.

Question 5

Will a seat belt ticket affect my insurance?

Accepted Answer

Yes, seat belt convictions typically increase insurance premiums. Impact: minor conviction category increases rates 5-15% for 3 years following conviction, combined with other violations (speeding, distracted driving) compounds increases to 25-50%, commercial insurance faces steeper increases 20-30%, costs over 3 years often exceed $1,500-$3,000 in added premiums. Insurance companies review driving records at renewal and policy changes. Demerit points signal risk to insurers even before licence suspension. Fighting conviction protects: clean record preventing insurance increases, demerit point accumulation, future insurability at competitive rates. Professional defence typically costs $300-500 vs. $1,500-$3,000 insurance increases, making representation financially beneficial.

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Seat Belt Ticket FAQ

What are the penalties for not wearing a seat belt in Ontario?

Can I fight a seat belt ticket in Ontario?

Do passengers get in trouble for not wearing seat belts?

Are there medical exemptions for seat belt requirements in Ontario?

Will a seat belt ticket affect my insurance?

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