01-24-2008, 04:37 PM
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#18
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Franchise Player
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Vehicle Equipment Regulation
Part 3
Seat Belts
Definitions
77 In sections 78, 79 and 80,
(a) “child” means a child under 6 years old;
(b) “motor vehicle” does not include a motor cycle or moped;
(c) “seat belt assembly” means a device or assembly that
(i) is securely fastened to a motor vehicle,
(ii) is composed of straps, webbing or similar material and includes a pelvic restraint or an upper torso restraint, or both,
(iii) is capable of restraining the movement of a person in order to prevent or mitigate injury to the person, and
(iv) meets the standards prescribed under the Motor Vehicle Safety Act (Canada) and the regulations under that Act.
Seat belts required
78(1) A person shall not drive or operate a motor vehicle in which a child who weighs 18 kilograms or less is a passenger unless
(a) the motor vehicle is equipped with a child seating assembly,
(b) the child seating assembly is properly installed, and
(c) the child is properly secured in the child seating assembly.
(2) If a motor vehicle is being driven and it has a seat belt assembly
(a) in the driver’s seat position, the driver shall wear the complete seat belt assembly, and
(b) in the passenger seat position, the passenger shall wear the complete seat belt assembly.
(3) A person shall not drive or operate a motor vehicle that has a seat belt assembly in the passenger seat position unless the passenger in the seat is wearing the complete seat belt assembly if the passenger
(a) is 6 years old or older but under the age of 16 years, or
(b) is a child who weighs more than 18 kilograms.
(4) A person who is required to wear a seat belt assembly under subsection (2) or (3) shall wear the seat belt assembly properly adjusted and securely fastened.
(5) A person shall not, with respect to a seat belt assembly in a motor vehicle, remove it, render it partly or wholly inoperative or modify it so as to reduce its effectiveness if the motor vehicle was equipped with the seat belt assembly at the time it was manufactured as required by the Motor Vehicle Safety Act (Canada) and the regulations under that Act.
(6) A person shall not drive or operate a motor vehicle that was equipped with a seat belt assembly at the time it was manufactured as required by the Motor Vehicle Safety Act (Canada) and the regulations under that Act if the seat belt assembly has been removed, rendered partly or wholly inoperative or modified so as to reduce its effectiveness.
(7) A person shall not drive or operate a motor vehicle in which a seat belt assembly that was installed at the time it was manufactured has been replaced unless the replacement meets the standards required by the Motor Vehicle Safety Act (Canada) and the regulations under that Act.
Seat belt installation
79 A person must install seat belts or seat belt systems in a motor vehicle in such a way that they and their installation comply with the requirements for seat belts and their installation under the Motor Vehicle Safety Act (Canada) and the regulations under that Act.
Seating assembly standards
80 The Motor Vehicle Safety Act (Canada) and the regulations under that Act are adopted and apply to seatbelt assemblies and child seating assemblies in motor vehicles.
Exempt motor vehicles
81(1) Section 78 does not apply to the following:
(a) motor vehicles that were not designed or equipped with seat belt assemblies by their manufacturers;
(b) motor vehicles while they are driven in reverse;
(c) motor vehicles when they are used in the course of making deliveries or picking up items, while they are driven at a speed of not more than 40 kilometres per hour;
(d) motor vehicles while they are driven in a parade authorized by a municipality.
(2) Section 78(1) does not apply to
(a) taxis;
(b) emergency vehicles;
(c) motor vehicles that are rented or leased for periods of not more than 14 consecutive days at a time.
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