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- Newbie
- Posts: 5
- Joined: Thu Aug 04, 2011 4:49 pm
Seat Belt Exemption Rule
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule states that a person who is actually engaged in work which required 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 of 40 km/hr is exempt from seat belt wearing. At the time I was engaged in my work that required me to make frequent stops where I had exit and re-enter my vehicle at frequent intervals. I was not driving over 40 because it was a 40 road in a residential area and I was pulled over at a stop sign. I matched up with every single part of the criteria needed to be exempted from the rule.
At the time I was pulled over I explained to the officer that I was just leaving my work base to make a delivery. I pointed to the building where my work base is, then i pointed to the building where i was making the delivery. That is how close together they were. He told me to take it up with the judge because i committed "The Sin" of not wearing a seat belt (those were his exact words). Also the officer was listening the radio on his motor bike and did not turn it off while i was talking to him about my ticket. The officer was acting unprofessionally in my eyes and did not seem willing to listen while i explained my case as to why I wasn`t wearing my seat belt.
Do I have a shot in court at winning this ticket?
Any help and advice would be greatly appreciated.
Thanks so much