106(4)(b) vs. Section 8 (3) of Regulation 613

Iron Mike
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106(4)(b) vs. Section 8 (3) of Regulation 613

by: Iron Mike on
Wed Apr 13, 2011 11:07 am

Is the charge:
Driving while child passenger not properly secured, 106(4)(b)
the same as:
Driver failing to ensure toddler passenger is secured as prescribed, Section 8 (3) of Regulation 613?

Here is my situation in brief:
While pulled over for speeding, the officer asked to check my child seat due to an accident the previous weekend where a child was killed by an imporperly installed seat. I was using a seat I borrowed from my inlaws the evening before as my usual seat was soaking wet with apple juice.

The officer was not satisified with my installation and after he tried for 20 mins to get it better, he was unsuccessful and allowed me to continue driving.

I revieved a charge for 106(4)(b) Driving while child passenger not properly secured. ($240 + 2 pts.)

Upon review, I noticed that there is a spearate charge, Section 8 (3) of Regulation 613 Driver failing to ensure toddler passenger is secured as prescribed. These are clearly indicated as separate charges in the demerit point chart listed by the ministry. I have seen that there are differences for infant, toddler and child divided by weight class. As my son is technically a toddler (under 18kgs), am I being charged correctly? Does 106(4)(b) encompass section 8 (3) of reg 613?

Any help would be appreciated, esp. links that could help me clear up the toddler/child argument.

Thanks,
Iron Mike

ps. after I recieved the tcket, the officer told me that I could go to court and plead down with the prosecutor before the trial.


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