Inquiry:  HI, I recieved a ticket for “Driver: Fail to properly wear seat belt” contrary to HTA 106(2) however 106(5) is the description for wearing a seat belt properly. Am I accused of not wearing a seat belt or wearing it improperly? If I wasn’t wearing a seatbelt at all how can I get a ticket for wearing it improperly….which implies I had it on but not correctly…is this a fatal flaw or even fightable? Thanks

Response:  If you are charged under HTA 106(5) and are not wearing your seat belt, then you would have failed the first three criteria of that section of law.  If you are charged under 106(2) and have wording to the effect of not ‘properly’ wearing the seat belt, the charge is still a valid charge.   However, you may have other grounds for defence that could be examined.  If you would like to discuss your case in more detail, we offer a no-cost initial review of cases via our toll-free number 1-866-801-8299.

Greg Currie
Office Manager (London)