Inquiry: Good afternoon, I received a ticket in Sauble Beach this weekend, as I was putting my seat belt on as I pulled out of a parking lot. Will i recieve 2 demerit points for this? There is no mention of it on the ticket. Also, he
sited that I broke the law contrary to the Highway Traffic Act, section 106 (1)….I just read this section and it states the following: 1. Section 106 of the Highway Traffic Act is repealed and the following substituted:

Seat belts
Seat belt assembly must not be removed or altered

“106. (1) 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.”

This is’nt the case? should he not have sited 106 (2) ??

Response:  HTA s.106(1) has to do with the seatbelt being inoperable.  Be careful that the Officer has not written a 2 that is similiar to a 1.  If the grounds for the charge being issued were that you were not wearing the seatbelt and that the seatbelt was functional, then you may have a defence to the charge.  We would know more sepecifically what the Officer is alleging after disclosure of evidence from the Prosecutor’s office.  If you would like to persue defending the charge at Court, we offer a no-cost initial consultation via our toll-free number 1-866-801-8299.

Greg Currie
Office Manager, London