Seatbelt note

Rob905
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Seatbelt note

by: Rob905 on
Fri Jan 27, 2012 3:59 pm

I have a note signed by my doctor verifying that I have permanent condition that states I should not wear a seatbelt.

Every time I get pulled over for the seatbelt the officer tries to tell me that those notes are not valid anymore.
I looked at the HTA again online 2 days ago, as I got pulled over by the OPP again, and the section is till in the HTA that states:

178. (1) In this section and section 178.1,
...
...
(b) a person who holds a certificate signed by a medical practitioner licensed under the Medical Act, 2005 or a nurse practitioner as defined in the Registered Nurses Act, 2008 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 size, build or other physical characteristic, unable to wear a seat belt assembly;

So that would indicate the certificate is still valid no?

If the answer is yes, what do I tell the officer next time I get pulled over or should I just print that part of the HTA?

* the above was taken from:
RSNL1990 CHAPTER H-3
HIGHWAY TRAFFIC ACT
Amended:
1992 c26 s1; 1992 c39 s6; 1992 c50 s1; 1993 c32 s14; 1993 c37;
1993 c53 s13; 1994 c18; 1994 c28 s9 & 28;
1995 c13, c18, cL-16.1 s30(3), cP-31.1 s53; 1996 cR-10.1 s35;
1996 cT-0.01 s16; 1997 c13 s29; 1998 c21; 1998 c16; 1999 c40;
2000 c26; 2002 c11; 2002 c12; 2002 c17; 2004 c18; 2004 c27 ss20-24; 2005 c25 s1; 2005 c46; 2006 c13 s3; 2006 cS-31.1 s82; 2006 c23; 2006 c54 ss1-3; 2007 c23; 2008 c57; 2009 c9; 2009 cR-15.01 s117; 2010 c22; 2010 c31 s8; 2011 c18


Stanton
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by: Stanton on
Fri Jan 27, 2012 4:22 pm

While I can't read the yellow font you've used, I'm not surprised the OPP don't believe you since you're using the Newfoundland Highway Traffic Act. :wink:

If you want to try something a little closer to home, go with the Ontario Highway Traffic Act. And yes, you're correct in that you're exempt. Ontario HTA exemptions, under section 106, are as follows:
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.


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hwybear
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by: hwybear on
Fri Jan 27, 2012 7:30 pm

Stanton wrote:
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.
section b(i) is very important on the certificate !!!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


matt123
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by: matt123 on
Sat Jan 28, 2012 12:20 pm

I have been doing this song and dace for 22yrs years do to a broken neck.My spinal cord is compressed into a crescent at c5,6 and c6,7 and even a moderate case whiplash can result in a broken cord.My diagnosis is severe spinal stenosis,not clinical by appearance.
I have never been issued any note or certificate as my surgeon knows it's pointless from experience. If I get caught by an officer and receive a ticket he/she can't be expected to believe a notes validity I've been told.
The procedure I have to follow is first go to the courthouse fill out the paperwork and ask for a meeting with the prosecutor.Then book an appointment with my family GP and pay $20 for a prescription that states I was exempt from wearing a seat belt for the day of the ticket.Once I get my meeting with the prosecutor he immediately drops it.
Usually however I just explain the run around to the police at the roadside and 9 times out of ten they drop it right there as it's more believable than an actual note.It sucks but you really can't blame anyone when you think about it because every situation is different as to how long you may be exempt,for me it's life or the advancement of technology.In many cases they may want you to wear the belt whenever possible so they don't make it easy not to.What the police are saying to you does sound normal from my experience.Hywy Bear's explanation describes why notes are only for the date of infraction.I would think you doctor should know this as you see the GP for your notes when you need them not the specialist.


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hwybear
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by: hwybear on
Sat Jan 28, 2012 1:47 pm

matt123 - few good points
- note intself should have a letterhead from doctors office
- be able to read same
- expiry as conditions do change
- if it is indefinte for exemption the doctor could put that on too. I have see some that are so faded/yellow, just told person to have it updated so it can be read easier

clarify - I did not say the "date" of infraction, but rather have a note that covers the day stopped
(IE: note exempt from Dec 15, 2011 to Dec 14, 2012, So if stopped today 28JAN, would know person note is valid )
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


matt123
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by: matt123 on
Sat Jan 28, 2012 4:52 pm

Hywybear What I meant was your post explains why my notes only cover the day I receive the ticket.The GP only writes the note for me when I get a ticket and for that day(he wants to see it).Also the prosecutor keeps it,for what I have no idea but it's no good to me anyway.Ive probably only had 4 or 5 notes in 22yrs.The notes are always written on a prescription in my case and there seems like there is an understanding between the prosecutors and doctors on the issue here.The police also have an agreeing look when i explain the run around after they ask for a note,I'm sure it's to see if I it's a lie which is fair.I actually thought being given a note or certificate to have with you was a myth.


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hwybear
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by: hwybear on
Sat Jan 28, 2012 5:09 pm

matt123 - never heard of a doctor doing that for "the day"...that seems very odd

prosecutor probably staples it to the "crown brief" so if he/she gets questioned on why charge was withdrawn, they can provide the quick easy note!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


matt123
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by: matt123 on
Sat Jan 28, 2012 7:10 pm

Yes the notes just say matthew ___________ was unable to wear a seat belt on _________ due to medical reasons and never states my condition.


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