Fourth Session, 45th General Assembly
56 Elizabeth II, 2007
AN ACT TO AMEND THE
Received and Read the First Time...................................................................................................
HONOURABLE DIANNE WHALEN
Minister of Government Services
Ordered to be printed by the Honourable House of Assembly
Clause 1 of the Bill would amend section 178 of the Highway Traffic Act to confine the operation of that section to the use of seat belts.
Clause 2 of the Bill would add a new section 178.1 to the Act to make mandatory the use of child seat restraint systems during the transport of children aged 8 and under and of a certain height and weight, subject to certain statutory exceptions.
Clause 3 of the Bill would amend the Schedule to the Act to provide for penalties for failure to wear a seat belt or use a child seat restraint system.
Clause 4 of the Bill would provide
for commencement on
AN ACT TO AMEND THE HIGHWAY
3. Sch. Amdt.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. (1) Subsection 178(1) of the Highway Traffic Act is repealed and the following substituted:
178. (1) In this section and section 178.1,
(a) "child seat restraint system" means a car seat of a type described in subsection 178.1(1) required for a child of an age, height or weight described in subsection 178.1(2) that is designed for use, together with a seat belt assembly, in the restraint of a child; and
(b) "seat belt assembly" means a device or assembly composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint or a pelvic restraint in combination with a torso restraint.
(2) The Act is amended by adding immediately after subsection (4) the following:
(4.1) For the purposes of subsections (3), (4) and (6), a seat belt assembly is considered to be worn in a properly adjusted and securely fastened manner where
(a) the pelvic restraint is worn firmly against the body and across the hips;
(b) the torso restraint, if any, is worn closely against the body and over the shoulder and across the chest; and
(c) the pelvic restraint, and the torso restraint, if any, are securely fastened.
(3) Subsection 178(6) of the Act is repealed and the following substituted:
(6) A person shall not operate a vehicle on a highway in which there is a passenger who is under 16 years of age unless that passenger
(a) occupies a seating position for which a seat belt assembly has been provided and is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner; or
(b) is secured in a child seat restraint system in accordance with subsection 178.1(2), where the passenger is a child to whom that subsection applies.
(4) Subsection 178(7) of the Act is amended by striking out the citation "Subsection (6)" and substituting the citation "Paragraph (6)(a)".
(5) Paragraph 178(7)(c) of the Act is repealed.
(6) Subsections 178(8) and (9) of the Act are repealed.
2. The Act is amended by adding immediately after section 178 the following:
Child seat restraint systems
178.1 (1) In this section
(a) "booster seat" means a child seat restraint system that meets the requirements of Schedule 5, CMVSS 213.2 "Booster Cushions", to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations under the Motor Vehicle Safety Act (Canada);
(b) "child car seat" means a child seat restraint system that meets the requirements of Schedule 3, CMVSS 213 "Child Restraint Systems", to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations under the Motor Vehicle Safety Act (Canada); and
(c) "infant car seat" means a child seat restraint system that meets the requirements of Schedule 4, CMVSS 213.1 "Infant Restraint Systems", to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations under the Motor Vehicle Safety Act (Canada).
(2) Except as otherwise provided in subsections (4) and (5), a person shall not operate on a highway a vehicle in which there is a passenger who is a child 8 years of age or under unless that child is occupying and properly secured in a child seat restraint system in accordance with the following:
(a) a child who weighs less than 9 kilograms shall be secured in a rearward-facing infant car seat that is used in the manner recommended by the manufacturer;
(b) a child who weighs 9 kilograms or more and less than 18 kilograms shall be secured
(i) in a child car seat that is used in the manner recommended by the manufacturer; or
(ii) in an infant car seat that is used in the manner recommended by the manufacturer, where the manufacturer's specifications permit or recommend the use of an infant car seat by a child described in this paragraph; and
(c) a child who weighs not less than 18 kilograms and not more than 37 kilograms and who is less than 145 centimetres in height shall be secured
(i) on a booster seat that is used in the manner recommended by the manufacturer, and by the vehicle's complete seat belt assembly, worn as described in subsection 178(4.1), or
(ii) in a child car seat that is used in the manner recommended by the manufacturer, where the manufacturer's specifications permit or recommend the use of a child car seat by a child described in this paragraph.
(3) A rearward facing infant car seat shall not be used in a motor vehicle seat that is equipped with an active frontal air bag.
(4) Subsection (2) does not apply to the operator on a highway of a vehicle where
(a) the passenger is the holder of a certificate signed by a qualified medical practitioner licensed under the Medical Act, 2005 or a nurse practitioner under the Registered Nurses Act certifying that the passenger is
(i) for the period stated in the certificate, unable for medical reasons to be secured in a child seat restraint system, or
(ii) because of size, build or other physical characteristic, unable to be secured in a child seat restraint system; or
(b) the operator of the vehicle is a peace officer who, in the lawful performance of his or her duties, is transporting a child in his or her custody and in the opinion of the peace officer the urgency of the situation makes it impracticable for the child to wear a child seat restraint system.
(5) The requirements of paragraph (2)(c) do not apply to the transport of a child described in that paragraph in a bus or school bus that has not been equipped with a seat belt assembly.
(6) Notwithstanding subsection (5), the operator of a passenger vehicle designed to carry 6 or fewer passengers in addition to the operator, under a contract with a school board to carry children to and from school and school related activities, shall comply with the requirements of subsection (2).
3. The Schedule to the Act is amended by
(a) striking out the reference "178(6)" and substituting the reference "178(6)(a)"; and
(b) striking out the reference "178(8)" and substituting the reference "178.1(2)".
4. This Act shall come into force July 1, 2008.
ŠEarl G. Tucker, Queen's Printer