What Does a Seat Belt Violation Entail?

In Ontario, everyone in a moving vehicle must be properly secured with a seat belt—this includes both the driver and passengers over the age of 16. Drivers are additionally responsible for ensuring minors (under age 16) are correctly restrained, either with a seat belt or appropriate child safety system. ([turn0search1], [turn0search12])

Under Section 106 of the Highway Traffic Act, failing to wear, improperly wearing, or having an inoperative seat belt can lead to a provincial offence.

Penalties for Seat Belt Violations

Offence TypeFine RangeDemerit PointsNotesStandard violation (driver or passenger 16+)$200 – $1,0002 pointsCommon seat belt offenceInoperative seat belt / passenger violation$200 – $1,0000 pointsNo demerit points charged despite convictionViolation involving passenger under age 16$200 – $1,0002 pointsDriver held responsible

All convictions remain on your driving record for up to three years, even if no demerit points are assessed. ([turn0search5], [turn0search8], [turn0search3])

Why It Matters

• Insurance Risk: Convictions, even without demerit points, can trigger insurance rate increases. A clean driving record is essential for keeping costs low. ([turn0search5], [turn0search6])

• Driving Record: Two demerit points can accumulate quickly, potentially leading to a 30-day suspension if your total reaches 15 demerit points. ([turn0search14])

Common Defenses

You don’t always have to accept the ticket. Valid defence strategies may include:

• Proving a seat belt malfunction or an inoperative assembly.

• Demonstrating that the issue involved a passenger aged 16 or older, who is responsible for their own compliance.

• Highlighting exemptions—for example, if the driver was traveling in reverse, or a person has a certified medical exemption, or is involved in specific work-related roles (Canada Post, ambulance attendants, firefighters, taxi drivers, etc.). ([turn0search1], [turn0search5])

How We Can Help

1. Free Consultation
   — We review the ticket and identify potential weaknesses in the charge.

2. Strengthen Your Case
   — Gather evidence, request disclosure from the prosecutor, and scrutinize the officer’s notes.

3. Court Representation
   — We can attend the hearing on your behalf to reduce or eliminate penalties.

4. Ongoing Support
   — Whether it’s handling demerit points or managing your license status, we’re here to guide you.

Why Choose Us?

We blend legal expertise in traffic law with practical strategies that focus on minimizing the impact on your record and insurance premiums—without adding stress.

Ready to Protect Your Record?

Don’t let a seat belt ticket escalate into long-term issues. Reach out today for a no-obligation consultation, and let’s explore your best path forward.