“Seat Belt Assembly Must Not Be Removed Or Altered Sect 106”

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. 2006, c. 25, s. 1.

(2) Every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly as required by subsection (5). 2006, c. 25, s. 1.

(3) Every person who is at least 16 years old and is a passenger in a motor vehicle on a highway shall,

(a) occupy a seating position for which a seat belt assembly has been provided; and

(b) wear the complete seat belt assembly as required by subsection (5). 2006, c. 25, s. 1.

Driver to ensure young passenger uses seat belt assembly

(4) No person shall drive on a highway a motor vehicle in which there is a passenger who is under 16 years old unless,

(a) that passenger,

(i) occupies a seating position for which a seat belt assembly has been provided, and

(ii) is wearing the complete seat belt assembly as required by subsection (5); or

(b) that passenger is required by the regulations to be secured by a child seating system or child restraint system, and is so secured. 2006, c. 25, s. 1.

(5) A seat belt assembly shall be worn so that,

(a) the pelvic restraint is worn firmly against the body and across the hips;

(b) the torso restraint, if there is one, is worn closely against the body and over the shoulder and across the chest;

(c) the pelvic restraint, and the torso restraint, if there is one, are securely fastened; and

(d) no more than one person is wearing the seat belt assembly at any one time. 2006, c. 25, s. 1.

(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 persons 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.

(7) Clause (4) (a) does not apply in respect of a passenger if the passenger holds a certificate signed by a legally qualified medical practitioner certifying that the passenger is,

(a) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly; or

(b) because of the persons size, build or other physical characteristic, unable to wear a seat belt assembly. 2006, c. 25, s. 1.

Regulations

(8) The Lieutenant Governor in Council may make regulations,

(a) requiring that children or any class of children be secured in child seating systems and child restraint systems in motor vehicles on highways;

(b) prescribing the specifications of child seating systems and child restraint systems, prescribing different child seating systems and child restraint systems for different classes of children, governing the use of such systems, including prescribing the manner in which a child is to be secured in child seating systems and child restraint systems;

(c) prescribing classes of children, based on the age, height or weight of a child or the relationship of a child to the driver or owner of the motor vehicle;

(d) prescribing classes of motor vehicles, drivers and passengers;

(e) exempting from any of the provisions of this section or the regulations made under this section,

(i) any class of motor vehicle,

(ii) any class of driver or passenger, or

(iii) drivers carrying any prescribed class of passenger,

and prescribing conditions for any such exemption;

(f) prescribing circumstances in which drivers, or any class of driver, is exempt from any of the provisions of this section or the regulations made under this section, and prescribing conditions for any such exemption. 2006, c. 25, s. 1.

(8.1) A police officer or officer appointed for carrying out the provisions of this Act may request that a passenger in a motor vehicle who appears to be at least 16 years old identify himself or herself if the officer has reason to believe that the passenger is contravening this section or the regulations made under this section. 2006, c. 25, s. 2.

(8.2) A passenger who is requested to identify himself or herself under subsection (8.1) shall give the officer reasonable identification of himself or herself and, for such purposes, giving his or her correct name, date of birth and address is reasonable identification. 2006, c. 25, s. 2.

(9) In this section,

"seat belt assembly" means a device or assembly composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint or a pelvic restraint and a torso restraint. 2006, c. 25, s. 1.