A look at the law: Seatbelts and child car seats

Saskatchewan law says everyone must wear a seatbelt when travelling in a vehicle in this province. The driver of a vehicle is also responsible for seeing that passengers under the age of 16 wear a seatbelt or travel in an approved child car seat.

Seatbelts or child car seats must be properly adjusted to comply with the law. The torso restraint (shoulder belt) must be across the middle of the shoulder and chest – not under the arm or behind the back.

Are there any exceptions? Do I have to wear a seatbelt every time I drive?
There are very few exceptions to the law. Unless you come within one of these exceptions you are required, by law, to wear a seatbelt every time you drive. For example, you do not have to wear a seatbelt if your vehicle was not originally equipped with them. This exception does not apply widely since all vehicles have been manufactured with seatbelts since the early 1970s.

What do I do if I’m driving four people and have only three seatbelts available?
If your vehicle has only three seatbelts and you are transporting more than three adults, the fourth adult may legally ride without a belt. If one of your passengers is under 16, you must have that young person take one of the seats that is equipped with a seatbelt. It is an offence to transport more people under 16 years old than there are seatbelts. You also cannot buckle two children in one seatbelt. As well, new drivers cannot drive with more passengers than there are seatbelts until they have completed all three stages of the graduated driver’s licence program and have a regular, valid licence.

What happens if you do not wear a seatbelt?
It is an offence to not buckle up. You could be fined $165 if you fail to wear your seatbelt or if you drive someone under 16 who is not properly fastened. You will also receive three demerit points under the Safe Driver Recognition program for a seatbelt infraction. This will reduce the discount you receive on your vehicle insurance, or may result in a financial penalty, depending on where it moves you on the safety rating scale.

Most importantly, not wearing a seatbelt also increases your chances of being injured in a collision. Statistics show that seatbelts can decrease your chances of sustaining a serious injury by as much as 50 per cent. If you are injured in a collision while not wearing your seatbelt you could be held partly responsible for the injuries you sustain, since you are required by law to wear a seatbelt.

Even if another person caused the collision and you are in a position to sue, you may not recover your damages in full. By neglecting to buckle up, you bear part of the responsibility for your own injuries.

How do I buckle up children?
Children need to ride in a Transport Canada-approved car seat. Look for the CMVSS label which stands for the Canadian Motor Vehicle Safety Standards. Infants up to 20 pounds (9 kg) must ride in a rear-facing car seat. A child who weighs from 20 to 40 pounds (9 kg to 18 kg) should ride in a forward-facing car seat. A tether strap must be used with front-facing car seats. The tether strap prevents the seat from being thrown forward or sideways in a crash. Under Saskatchewan law anyone who drives with a person under 16 (not just the parents) is responsible for seeing that they are safely buckled up with either a seatbelt or an appropriate car seat.

Must children over 40 pounds (18 kg) ride in a
booster seat?
Children over 40 pounds (18 kg) must wear a seatbelt. The law does not currently require the use of a booster seat. However, a booster seat is the best way to ensure the child is travelling safely. Research shows that booster seats lower the risk of injury by 60 per cent compared to seatbelts alone.

Where should a child ride in the vehicle?
Car manufacturers and safety experts recommend children do not ride in the front seat. Some children have died riding in the front seat when airbags have deployed. Even if the vehicle is not equipped with airbags, the back seat is generally safer.

Where can I get more information?
For more information about seatbelts or child car seats please visit our website at www.sgi.sk.ca, or contact the Canadian Automobile Association (CAA).

Contact:
Shannon Ell
Manager, Traffic Safety Promotion
SGI
Regina
(306) 775-6179

(A special thank you to The Public Legal Foundation Association of Saskatchewan for allowing us to reprint
this article).

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