Inquiry: Wondering if there is any law about how long I have to put on my seatbelt? I was helping my GF bring some stuff into her work, I parked in front of the store. When I got out, I got in the car, closed the door, put the car in drive while I was attaching my seatbelt. I hadn’t moved (perhaps a few inches at most) before the seatbelt was attached. I travelled perhaps 50 yards before the police pulled me over and gave me a seatbelt ticket. He says he was passing the street and saw me putting it on when I saw him coming! I’m wondering if I have a case?
Response: Drivers are required to wear their seatbelt while driving a motor vehicle. The only exemptions to section 106 of the Highway Traffic Act are:
“Exception
(6) Subsections (2) and (3) do not apply to a person,
(a) who is driving a motor vehicle in reverse;
(b) who holds a certificate signed by a legally qualified medical practitioner certifying that the person is,
(i) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, or
(ii) because of the person’s size, build or other physical characteristic, unable to wear a seat belt assembly; or
(c) who is actually 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. 2006, c. 25, s. 1.”
However, if you would like to contest the charge, we could certainly file it for a trial and get a release and review of evidence in advance of the court date to see if the charge could be reduced or thrown out. If you would like to speak with one of our staff, we offer a no-cost initial review of cases via our toll-free number 1-866-801-8299.
Sincerely,
Greg Currie
Office Manager (London)