Seat belt tickets in Ontario

A seat belt ticket carries demerit points, which surprises most people who receive one, and the driver answers for passengers under sixteen as well as for themselves.

About this work

Does a seat belt ticket carry demerit points?

Yes, two. Item 32 of the table to O. Reg. 339/94 records two points for a driver failing to properly wear a seat belt under subsection 106 (2), and items 33, 33.1 and 33.2 record two points each for the passenger under 16 offences in subsection 106 (4).

That is the part people miss. A seat belt ticket is often treated as a fine to be paid and forgotten, and paying it is a plea that puts two points on the record dated to the stop.

Written by the firm. Pending review by Kapil Rathod, Barrister and Solicitor, Law Society of Ontario licence 77122E.

What section 106 requires

Four separate duties, one section

Section 106 of the Highway Traffic Act creates distinct obligations, and a driver can be charged under more than one of them from the same stop. Each carries two demerit points under the table to O. Reg. 339/94.

  1. The driver wears theirs

    Subsection (2) requires the driver of a vehicle in which a seat belt assembly is provided to wear the complete assembly. Item 32 of the demerit table records two points.

  2. Passengers 16 and over answer for themselves

    Subsection (3) puts the duty on the passenger: occupy a seating position with a belt, and wear it. A passenger who is at least 16 is charged, not the driver.

  3. The driver answers for passengers under 16

    Subsection (4) makes it an offence to drive with a passenger under 16 who is not properly belted or, where required, secured in a child seating or restraint system. Items 33, 33.1 and 33.2 record two points each.

  4. The belt has to work

    Subsection (1) prohibits driving a vehicle in which a required seat belt assembly has been removed, rendered partly or wholly inoperative, modified so as to reduce its effectiveness, or left to fail through lack of maintenance.

The route

How does the process run?

5 stages, each with its own clock

The section is more particular than the idea of wearing a belt, and the detail is where charges are answered.

01

How it must be worn

HTA s. 106(5)

The pelvic restraint firmly against the body and across the hips, the torso restraint closely against the body over the shoulder and across the chest, both securely fastened, and no more than one person in the assembly at a time.

02

Reversing is exempt

HTA s. 106(6)(a)

Subsections (2) and (3) do not apply to a person driving a motor vehicle in reverse.

03

A medical certificate is a defence

HTA s. 106(6)(b)

Subsections (2) and (3) do not apply to a person holding a certificate signed by a legally qualified medical practitioner certifying that they are unable for medical reasons to wear a belt for the period stated.

04

The penalty is a range

HTA s. 106(8.3)

Every person who contravenes the section or a regulation under it is liable on conviction to a fine of not less than $200 and not more than $1,000.

05

An owner cannot be convicted as owner

HTA s. 207(2)

Section 207 (2) lists subsections 106 (2) and (4) among the provisions an owner cannot be convicted under as owner. Where the owner was driving, the owner is charged as the driver.

Before the meeting

What to bring to the first meeting

5 things to bring

Bring what you have and say what is missing. A meeting with the papers in front of it settles in one sitting what two telephone calls will not.

  • ✓The ticket, and the date by which you must respond
  • ✓Who was in the vehicle and where each person was sitting
  • ✓The ages of any passengers under 16
  • ✓Any medical certificate about wearing a belt, with its dates
  • ✓Whether the vehicle had a working belt for that seat

Our approach

A clear path forward

The same four steps on every matter, whether it is a refusal at the Federal Court or a ticket at the Provincial Offences court.

Book a consultation
01

Understand

We take the full history and read the documents before offering an opinion. Most bad advice comes from acting on half the facts.

02

Assess

You get a candid read on strength, timeline and cost, including when the honest answer is that you do not need to hire anyone.

03

Act

We prepare the application, the defence or the appeal properly the first time, because fixing a weak record later is harder and dearer.

04

Report

You hear from us at each stage, and you hear what a wait actually means rather than a date chosen to sound better.

Reported decisions

What has this work produced?

7 allowed of 22 reported since 2023

Public judgments of the Federal Court with Kapil Rathod as counsel of record, each checkable by citation on the court's own site. The rest were dismissed and are listed with these ones.

All case outcomes, including the client accounts

Where to go next

A seat belt ticket in Ontario carries a fine of $200 to $1,000 under subsection 106 (8.3) and two demerit points, and the driver answers for every passenger under sixteen.

The points are the reason a seat belt ticket is worth reading before it is paid.

How demerit points accumulateDistracted driving chargesBook a consultation

Common questions

What do people ask about seat belt tickets?

7 answered here

Written to be read once and acted on rather than to be rung about. Each answer is complete where the law allows a complete answer.

Being charged more than once from one stop

The section creates separate duties, so a driver unbelted with an unbelted child can face more than one charge from the same stop. What limits the points is O. Reg. 339/94 s. 3 (2): where two or more convictions arise out of the same circumstances and no suspension is imposed, points are recorded only for the conviction carrying the greatest number.

The fines are not limited in the same way. Each conviction carries its own fine inside the $200 to $1,000 range in subsection (8.3).

What is worth checking

Whether a belt was provided for that seating position at all, because subsections (2) and (3) are framed around an assembly being provided, and subsection (1) is about one that has been removed or made inoperative.

Whether a medical certificate existed at the time. Subsection (6) (b) is written around holding a certificate for the period stated in it, which is a question about the date rather than about the condition.

How much is a seat belt ticket in Ontario?

Subsection 106 (8.3) sets a fine of not less than $200 and not more than $1,000 on conviction. The set fine printed on a ticket is the out of court amount and sits inside that range.

Does a seat belt ticket give demerit points?

Two. Item 32 of the table to O. Reg. 339/94 covers the driver failing to properly wear a belt under subsection 106 (2), and items 33, 33.1 and 33.2 cover the passenger under 16 offences under subsection 106 (4), at two points each.

Who is charged when a passenger is not wearing a belt?

It depends on age. A passenger who is at least 16 carries the duty themselves under subsection (3). For a passenger under 16 the duty is on the driver under subsection (4).

Is there a medical exemption?

Subsection (6) (b) exempts a person holding a certificate signed by a legally qualified medical practitioner certifying that they are unable for medical reasons to wear a seat belt assembly for the period stated in the certificate.

Do I have to wear a belt while reversing?

Subsection (6) (a) takes a person driving a motor vehicle in reverse outside the requirements in subsections (2) and (3).

Speak to someone this week

Bring the ticket and who was sitting where. A seat belt ticket carries two demerit points, and paying it is a plea that records them from the date of the stop.

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