Drive with seat belt removed

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Danimal12009
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Drive with seat belt removed

by: Danimal12009 on
Sat Apr 24, 2010 6:49 am

I was recently pulled over for not wearing my seat belt. The officer wrote out the tickect and it states that the offence committed is " Drive with seat belt removed" section 106(1) of the OHTA. The following sections are for the OHTA.

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.

Use of seat belt assembly by driver

(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.

My understanding is that the offence committed is 106(2), NOT 106(1). If anyone has any insight on such a matter and any expierence on fighting a ticket. Please forward info.

Greatly Appreciated
Danny
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hwybear
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by: hwybear on
Sat Apr 24, 2010 9:03 am

106(2) is for not wearing the seatbelt as prescribed.

However, if the belt is not operational then 106(1) applies

side note, (website I check is down)
106(2) is 2 demerit points
106(1) is 0 demerit points
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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