Any child whose weight is eighteen kg (39.6 lbs) or less must be properly secured in a prescribed car seat unless you have a medical certificate signed by your doctor stating that the child cannot be restrained for medical or other reasons relating to the size, build, or other physical characteristics of the child.
It is an offence not to restrain a child who fits within the above category and for whom you do not have a medical certificate. A judge can impose a fine of up to $115. However, if you install a proper car seat after you have received a traffic ticket, the judge does not have to fine you. If, within fifteen days of receiving the traffic ticket, you install the car seat and advise the police of this fact, no further proceedings will be taken.
Compulsory seat belt legislation for most other persons came into effect on July 1, 1987. This legislation requires that both the driver and passengers must wear seat belts when a car is in motion. In some cases, persons may be exempted from wearing a seat belt. People with a letter from their doctor stating they should not wear a seat belt for some medical reason will be excused.
Also, people who must stop and get out of their vehicles frequently will be excused from wearing a seat belt, e.g. a garbage collector would not be required to wear a seat belt while working. If you do not have a legal excuse for not wearing your seat belt, you may be fined up to $115. It is also an offence if you do not keep the seat belts in your car in good repair. In court, it is often argued that a reasonable person would wear a seat belt to minimize any possible injury in the event of a car accident, and a person who is wearing a seat belt would not be injured to the same extent. This argument is called “contributory negligence” which simply means that you have been the cause of some of your own problems.