CCMTA Road Safety Report Series NATIONAL OCCUPANT RESTRAINT PROGRAM 2010 Annual Monitoring Report 2006 Prepared For Canadian Council of Motor Transport Administrators Standing Committee on Road Safety Research and Policies October 2007 Disclaimer The material presented in this text was carefully researched and presented. However, no warranty expressed or implied is made on the accuracy of the contents of their extraction from reference to publications. © 2007 Canadian Council of Motor Transport Administrators/ Conseil canadien des administrateurs en transport motorisé Canadian Council of Motor Transport Administrators 2323 St. Laurent Blvd. Ottawa, Ontario K1G 4J8 Telephone: (613) 736-1003 Fax: (613) 736-1395 E-mail: [email protected] Internet: www.ccmta.ca CANADIAN COUNCIL OF MOTOR TRANSPORT ADMINISTRATORS The Canadian Council of Motor Transport Administrators is a non-profit organization comprising representatives of the provincial, territorial and federal governments of Canada which, through the collective consultative process, makes decisions on administration and operational matters dealing with licensing, registration and control of motor vehicle transportation and highway safety. It also includes associate members from the private sector and other government departments whose expertise and opinions are sought in the development of strategies and programs. The work of CCMTA is conducted by three permanent standing committees which meet twice a year. The mandates of the standing committees are as follows: < The Standing Committee on Drivers and Vehicles is responsible for all matters relating to motor vehicle registration and control, light vehicle standards and inspections, and driver licensing and control. < The Standing Committee on Compliance and Regulatory Affairs is concerned with the compliance activities of programs related to commercial driver and vehicle requirements, transportation of dangerous goods and motor carrier operations in order to achieve standardized regulations and compliance programs in all jurisdictions. < The Standing Committee on Road Safety Research and Policies is responsible for coordinating federal, provincial and territorial road safety efforts, making recommendations in support of road safety programs, and developing overall expertise and strategies to prevent road collisions and reduce their consequences. CCMTA’s Board of Directors also meets twice per year to attend to the overall management of the organization, determine policy direction and provide overall guidance and direction to the standing committees. Recommendations of the standing committees are ratified by the CCMTA Board. All CCMTA standing committee meetings are open to industry stakeholders. Associate membership further allows private organizations and other government bodies with an interest in matters dealing with motor vehicle transportation and highway safety to be kept apprised of CCMTA activities and have formal access to CCMTA meetings and proceedings. For further information on CCMTA projects and programs or associate membership, please contact the Secretariat. TABLE OF CONTENTS Executive Summary ..................................................................................... 2 Progress Being Made Toward NORP’s RSV 2010 Goals............................ 5 History .......................................................................................................... 7 Purpose of Report ........................................................................................ 7 NORP 2006 Movement Toward The Recommendations ............................. 8 Recommendation #1 .......................................................................... 8 Recommendation #2........................................................................... 9 Recommendation #3......................................................................... 10 Recommendation #4......................................................................... 11 Recommendation #5......................................................................... 13 Recommendation #6......................................................................... 14 Recommendation #7......................................................................... 16 Recommendation #8......................................................................... 16 Information Item: NORP Strategy 2010 Progress Update ................. 19 Appendix I: People Killed or Injured by Jurisdiction Table ......................... 22 Appendix II: Children Killed or Injured Across Canada Graph ................... 23 Appendix III: Fine & Demerit Point Table ................................................... 25 Appendix IV: Child Restraint Exemptions Table ........................................ 26 Appendix V: Seat Belt Exemptions Table .................................................. 27 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Table ........................................................................................ 28 NORP 2006 Monitoring Report October 2007 1 EXECUTIVE SUMMARY The NORP Task Force requests input from all jurisdictions and reports seat belt and child passenger safety enforcement and education strategies on an annual basis. All jurisdictions except for Nunavut and Northwest Territories participated in the 2006 NORP Monitoring Survey, which covers the period of January 1, 2006 through to December 31, 2006. The terms of reference developed for “NORP Beyond 2001” include the following proposals put forward by the NORP Task Force and adopted by the CCMTA Standing Committee on Road Safety Research and Policies (RSRP): • • • To develop a strategy to maintain and/or achieve a seat belt usage rate of 95 per cent for all motor vehicle occupants by 2010. To monitor progress and to review the proposed strategy on a regular and timely basis and to make recommendations for improvements that will achieve the stated objective. To focus on specific areas of occupant protection, including, but not limited to: rural populations, child passenger safety and legislative, educational and enforcement strategies. This report includes information collected based on the proposals included in “NORP Beyond 2001”. The NORP Monitoring Survey, which was revised in 2003, was used to collect data from jurisdictions. There are non-reportable gaps in the information that will require further processes to be developed to make data collection and retrieval more streamlined and effective. Transport Canada’s cycle of rural/urban seat belt usage surveys continued in 2006, with a report on the results of the 2005 urban seat belt results being reported in February of 2006. This survey, which was conducted over the week of September 15 to September 21, 2005, involved two separate observation periods at each of 263 sites. A total of 84,129 vehicles and 118,226 occupants were observed during the course of the study. It is interesting to note that 87.2% of all occupants of light duty vehicles in urban communities used seatbelts in 2003 and this increased to 91.1% in 2005, almost 4 % higher. In 2003, 87.6% of front seat occupants in urban communities wore seatbelts and this increased to 91.3% in 2005. These numbers seem to indicate we are headed in the right direction. Provinces with seat belt usage rates at or above the national average were British Columbia, Quebec, Ontario, Manitoba and Saskatchewan and Nova Scotia. The survey results continue to show a disparity in usage by occupants of light trucks compared to other vehicle types; males drivers compared to females and those under the age of 25 compared to older drivers. NORP 2006 Monitoring Report October 2007 2 Transport Canada’s utilization of a revised sampling design for its annual seat belt use surveys and separate rural and urban surveys has resulted in considerably more comprehensive and accurate estimates of occupant restraint use throughout Canada and hopefully, more targeted resources to address problem areas. NORP has identified a number of legislative, enforcement and public education strategies which jurisdictions can use to increase seat belt wearing rates. Jurisdictions continued to amend child passenger protection measures, including Ontario and Nova Scotia both of who have passed legislation to make the use of booster seats mandatory. Ontario’s legislation was effective September 2005. Nova Scotia’s was effective January 1, 2007. They join Quebec as the first three jurisdictions with child passenger protection legislation for children to be secured in a booster seat. Appendices IV - VI show the current deterrents and exemptions in place across Canada for 2006 for non-use of seat belts and child restraints. Legislative and regulatory amendments to reduce or eliminate seat belt exemptions have been identified by NORP as a way of increasing seat belt usage. In 2006, Ontario implemented legislation that requires every driver and passenger travelling on Ontario roads to wear a seat belt. This is a very positive step forward from the previous requirement of seat belt use by a vehicle occupant only if there was an assembly in that seating position. Legislation that reflects the importance of this public health issue and effectively addresses areas where improvements can be most helpful in increasing seat belt compliance remains critical. Although NORP has recommended that jurisdictions should continue to work towards eliminating seat belt exemptions, jurisdictions are slow to move in this direction. All jurisdictions have implemented education and enforcement initiatives to increase seat belt and child seat use. There is significant jurisdictional variation in the resources applied to these programs. Educational materials and information are routinely provided to the police, emergency services, public and health care professionals. All jurisdictions participated in “Operation Impact” and “Canada Road Safety Week”. All but one conducted some form of Selective Traffic Enforcement Programs (STEP) during 2006. Operation Impact is a national weekend-long traffic enforcement blitz, which focuses on the high-risk driver, including the motorist who is not wearing a seat belt. The fourth annual Canada Road Safety Week was held in 2006, the week leading up to and including the long weekend in May. All enforcement in Canada participated in Canada Road Safety Week. Almost all jurisdictions that reported on STEP programs conducted in 2006 indicated occupant restraint use and child restraint use were targeted. Some combined other target areas, most often with impaired driving, speed and intersections or a combination of driver behaviour issues. NORP 2006 Monitoring Report October 2007 3 The efforts of the police and other road safety advocates have been instrumental in both achieving a seat belt usage rate in Canada of over 90 per cent and in raising awareness of associated issues. Enhanced training of the police community to raise awareness of this issue is important. In 2006, police in the majority of jurisdictions had some form of training pertaining to child car seat usage. Enforcement remains a critical element in the success of Canada’s seat belt compliance rate, with risk of apprehension a significant factor in encouraging people to buckle up. However, it is still a struggle to measure the perceived risk of apprehension. Options are being pursued. The inventory of public education material on occupant restraints, including child safety seats available across Canada to both government and stakeholder organizations, is updated annually by CCMTA. This inventory is on the CCMTA web site, and made available by hard copy on request. Jurisdictions are responsible for providing relevant information to CCMTA. The child passenger safety model legislation serves as basic principles that would best contribute to improvements in occupant protection within the framework of existing legislation. Increasingly, various jurisdictions are exploring ways to reach their rural populations through public education initiatives, in order to increase seat belt use in this vulnerable population. NORP 2006 Monitoring Report October 2007 4 PROGRESS BEING MADE TOWARD NORP’S RSV 2010 GOALS Sub-target: Minimum seat belt wearing rates and proper use of child restraints of 95% by all motor vehicle occupants1 Although benchmark data do not exist for this sub-target, the application of the methodology used in a Transport Canada study to estimate seat belt effectiveness indicates that with gradual annual increases in restraint use to 95% by 2010, an estimated 715 additional lives will be saved and 1,377 serious injuries avoided during the timeframe of RSV 2010 (assumes that the level of injuries avoided was the same for seriously injured occupants as for all injured occupants.) Baseline Indicators: Results of TC Seat Belt Use Survey among adult occupants: 2005-2006 National Seat Belt Use Rate 90.8% 2008-2010 Target 95% Sub-target: A 40% decrease in the number of unbelted fatally or seriously injured occupants2 RSV 2010 Seat Belt Use Sub-Target National Estimates of Seat Belt Use - 2002-2006 versus 1996-2001 Baseline 97.0 95.0 93.0 Adult and Child Occupant Restraint Use Sub-Target Objective 90.5 Percent 91.0 90.5 90.8 2005 2006 89.4 89.0 87.4 87.4 2002 2003 2004 Seat Belt Usage Rate 87.0 85.0 83.0 81.0 1996-2001 Note: Seat belt usage rates for the 1996-2001 baseline period are not directly comparable to usage rates cited during 2002 and beyond due to differences in survey methodologies. 1 It must be pointed out that effective in 2002, Transport Canada dramatically modified the methodology used to estimate national seat belt usage rates, and consequently data for 2002 and beyond are not directly comparable to seat belt usage rates from previous years. For the first time in 2002, Transport Canada conducted a rural seat belt use survey, followed by an urban survey in 2003 that utilized a more representative site selection process than predominantly urban ‘national’ surveys conducted in 2001 or earlier. The combined results of the 2002 rural and 2003 urban observations were used to estimate the 2002-2003 national figure. The 2002-2003 national figure and subsequent national figures, which utilize weighted results from both surveys, and include considerably more observation sites (512 versus 240) than seat belt surveys from earlier years, are deemed to be more accurate than their predecessors. Consequently, unlike all other sub-targets, that compare current year victim figures to the 1996-2001 baseline period, the 2002-2003 national seat belt usage rate was used as the baseline indicator for this sub-target. 2 Baseline data for the Road Safety Vision 2010 sub-targets are based on average annual fatalities and serious injuries that occurred during the 19962001 period, which was the timeframe of Road Safety Vision 2001. Baseline indicators and target objectives are provided for each of the Vision’s subtargets NORP 2006 Monitoring Report October 2007 5 RSV 2010 Unbelted Occupants Sub-Target Unbelted Fatally/Seriously Injured Occupants - 2002-2005 versus 1996-2001 Baseline 120.0 Unbelted Occupants Sub-Target Objective 100.0 100.0 100.0 94.8 94.0 91.8 89.4 84.7 84.5 83.7 80.6 Index (1996-2001 = 100) 80.0 60.0 40.0 20.0 0.0 1996-2001 2002 2003 Killed NORP 2006 Monitoring Report October 2007 2004 2005 Major Injuries 6 HISTORY In 1989, the Council of Ministers Responsible for Transportation and Highway Safety agreed to employ all possible means to achieve a 95 per cent seat belt use rate by the end of 1995. In response, the CCMTA developed and implemented the National Occupant Restraint Program in 1989. As a first step, a Phase I proposal called for each jurisdiction to achieve an 80 per cent use rate by the end of 1990. At the same time, a Phase II proposal was developed which outlined a five-year program aimed at achieving a 95 per cent use rate by the end of 1995. In October 1996, NORP was extended with the goal to achieve and maintain a 95 per cent occupant restraint use in all seating positions in light-duty vehicles (passenger cars, passenger vans and light-trucks) in each of the provinces and territories to the year 2001. The focus of NORP’s 95% by ’95 program was primarily on the driver. The focus of NORP 2001 was on all occupants with particular emphasis on ensuring children are properly secured. As an addition to NORP 2001 a business case was approved by the CCMTA Board of Directors in 1999, endorsing further strategies to address seat belt use, particularly in rural areas. Subsequently, NORP provided suggestions for aggressive but achievable targets that have been incorporated into Road Safety Vision 2010. PURPOSE OF THIS REPORT As part of the approved strategy, CCMTA was made responsible for producing an annual monitoring report on NORP’s progress. This report is for January 1, 2006 through to December 31, 2006. This report comments on efforts to meet the goals outlined in “Road Safety Vision 2010”, successor plan to Road Safety Vision 2001. RSV 2010 has identified enhanced and specific targets associated with motor vehicle occupant protection. NORP 2006 Monitoring Report October 2007 7 NORP 2006 MOVEMENT TOWARD THE RECOMMENDATIONS: RECOMMENDATION #1: Each jurisdiction should aim to achieve and maintain: • A minimum seat belt wearing rate of 95 per cent and proper use of child restraints by all motor vehicle occupants • 40 per cent decrease in number of unbelted fatally or seriously injured occupants • 40 per cent decrease in the number of road users fatally or seriously injured on rural roadways. Based on Road Safety Vision 2010, NORP has set a target of a 95 per cent rate of seat belt wearing and proper use of appropriate child restraints by all motor vehicle occupants. With funding secured by NORP, Transport Canada was able to continue its cycle of rural/urban seat belt usage surveys. A report on the results of the 2005 urban seat belt results was issued in February of 2006. This survey, was undertaken in September 2005 in communities with a population over 10,000, plus those communities with a population of less than 10,000 that are located within a census metropolitan area. Two separate observation periods of 263 sites were involved. Each observation period was one hour long and took place during daylight hours (between 6:30 a.m. and 7:30 p.m.). A total of 84,129 vehicles and 118,226 occupants were observed during the course of the study. Therefore, during the two surveys, a total of 123,898 vehicles and 176,969 occupants were observed at 515 sites across Canada. The survey reported that the Canadian urban seat belt usage rate is estimated at 91.1%. The previous urban seat belt usage survey, in 2003, showed that 87.2% of all occupants of light duty vehicles in urban communities used seat belts. This increased by 5% in 2005, a small step in the right direction. The national seat belt usage rate measured in the 2004-2005 surveys – 90.5% - is about 4 percentage points higher than that measured in the 2002-2003 surveys. Jurisdictions with urban seat belt usage rates at or above the national average were Saskatchewan (94.7%), Ontario (92.6%), Manitoba (92.4%), British Columbia (91.9%) and Nova Scotia (91.4%). The survey results continue to show a disparity in usage by occupants of light trucks compared to other vehicle types; male drivers compared to female and those under the age of 25 compared to older drivers. NORP 2006 Monitoring Report October 2007 8 Transport Canada, in conjunction with Dr. Anne Snowdon of Auto 21 and Dr. Andrew Howard of Toronto’s Hospital for Sick Children completed a national child restraint survey in the summer/fall of 2006. A survey design utilizing both observational and interview data collection methods was conducted in randomly selected sites across Canada. A survey using “drive-by” observations of child and driver restraint status was conducted at 187 randomly selected intersections. Second, vehicles that entered a parking lot near the intersection being observed were asked to participate in a detailed inspection and interview to document child restraint use and driver knowledge. Results were analyzed and initial results were presented at the CCMTA Annual meeting in May 2007. Education on the correct use and installation of child restraints continues. Most jurisdictions are maintaining, if not growing, the network of technicians that are trained to properly install child car seats. COMMENTARY: Setting aggressive but achievable targets for Road Safety Vision 2010 is one way of focusing attention on the importance of occupant restraint use and in achieving success. Transport Canada’s improved methodology will allow jurisdictions to invest appropriate resources to address the issues in their jurisdictions that could lead to making improvements to these targets. Strengthening linkages’ with agencies that are also involved in occupant restraints so the targets and reasons for them are understood is another effort towards achieving success. RECOMMENDATION #2 Each jurisdiction should continue working towards the removal of exemptions for the non-use of seat belts. In 2006, Ontario implemented legislation that requires every driver and passenger travelling on Ontario roads to wear a seat belt. This is a very positive step forward from the previous requirement of seat belt use by a vehicle occupant only if there was an assembly in that seating position. COMMENTARY Seat belt exemptions fall into three categories: • Medical/physical • Occupational (e.g. rural mail delivery, police) • Situational (e.g. from other jurisdictions, driving in reverse) The Canadian Medical Association (CMA) has indicated that there are no medical conditions which preclude the wearing of a seat belt. When seat belt usage was first mandated, seat belts were sometimes difficult to use. In order to obtain “buy in” from certain stakeholders, such as police officers and taxi NORP 2006 Monitoring Report October 2007 9 drivers, exemptions were allowed to address the particular concerns raised by these groups. Seat belts have become substantially more comfortable and easy to use in the years since they were introduced. There are few occupations for which seat belt usage is an obstacle to completing the work required (i.e.: police work). With all jurisdictions requiring seat belt use, there are no benefits to situational exemptions. Movement towards removal of exemptions has been very slow over the past few years. Hopefully, this is not an indication of the priority jurisdictions are giving to increasing seat belt usage. RECOMMENDATION #3 Each jurisdiction to target the high-risk driver by increasing the monetary cost of an infraction and to introduce or increase the number of demerit points for nonuse of seat belts and child car seats. Sanctions for convictions under occupant restraint legislation continue to vary throughout the country, ranging from $75 to $247 and from 0 to 4 demerit points. The slight trend of increased sanctions, both fines and demerit points, for seat belt non-use since 1999 is continuing. Two jurisdictions increased their fines in 2006. Manitoba raised their fine from $235 to $247. Nova Scotia raised their fine from $128.75 to $157.50. With four demerit points levied against motorists, and seven for motorists in GDL, Yukon currently has the most stringent demerit point penalties. The number of jurisdictions that have imposed demerit points far exceeds the number of jurisdictions that have not. British Columbia and Albert (with the exception of their GDL program) have not applied demerit points for seat belt or child restraint non-use. Manitoba does not assign demerit points for child restraint non-use. The tables in appendices IV - VI show the current (2006) sanctions and exemptions in place across Canada for non-use of seat belts and child restraints. COMMENTARY The imposition of demerit points, in conjunction with increased enforcement and education, and the removal of seat belt exemptions have been shown to significantly increase seat belt usage rates. Work still needs to be done to increase demerit point penalties and remove seat belt exemptions in many jurisdictions. NORP 2006 Monitoring Report October 2007 10 RECOMMENDATION #4 Each jurisdiction to harmonize and simplify provincial laws and regulations in accordance with NORP’s recommended model1, and include sustained public education efforts to reduce the opportunities for misuse and non-use of child car seats, including ensuring the use of booster seats for children who have outgrown a child car seat, yet for whom an adult seat belt is not appropriate; and, ensuring children 12 years of age and under are seated in the back seat of the vehicle. In an attempt to make the NORP model legislation more adaptable, NORP wrote to Transport Canada in 2004 to request that Canadian Motor Vehicle Safety Standards (CMVSS) for booster seats include a seated height. The letter also requested that Transport Canada amend the terminology in CMVSS from “booster cushion” to “booster seat”. Transport Canada agreed that “booster seat” was a clearer, more effective term that reflects current usage. TC is just beginning work on an amendment to the regulations to raise the mass for child seats from the current 40 lbs. The booster seat issue will be reviewed as part of this project. No definitive time lines have been assigned to this project as of yet. Two jurisdictions, Quebec (effective 2002), Ontario (effective 2005) have a mandatory booster seat requirement. Nova Scotia announced changes to its child restraint regulations in December of 2005, with an effective date of January 1, 2007 that will require infants to be rear facing; children of at least 10kg and at least one year old be forward facing; children under 18 kg must be in a child seat; and children who weigh more than 18 kg must be in a booster if they are younger than 9 and/or less than 145 cm. tall. Effective December 1, 2006, Ontario requires everyone in the vehicle to occupy a seating position with a seat belt and that the seat belt is used properly, as described in the legislation. Seven out of the eleven reporting jurisdictions indicated that matching jurisdictional laws with the NORP recommended model is a priority. However, there is limited legislative activity. The revisions to the Model of Legislative Provisions for Motor Vehicle Occupants in 2004 will hopefully guide jurisdictions to make legislative and regulatory amendments that will strengthen occupant restraint laws. Jurisdictions continue to implement education and enforcement initiatives aimed at increasing the proper use of occupant restraints. Many jurisdictions across the country continue to have enforcement personnel trained as either technicians or instructors in the national child passenger safety program. Enforcement activities across the country vary and include participation in provincial selective traffic enforcement programs as well as the national Operation Impact, and 1 Model of Legislative Provisions for Motor Vehicle Occupants (June 2004) NORP 2006 Monitoring Report October 2007 11 Canada Road Safety Week campaigns. Both Operation Impact and Canada Road Safety Week combine enforcement with a variety of public education initiatives that focus on occupant restraint use and other high-risk driving behaviours. Aside from campaigns that include enforcement and the distribution of public education materials; child seat clinics (in co-operation with public health, firefighters and police) and the involvement of insurance and other road safety partners, there are several other noteworthy programs being executed across the country: • Besides the two major STEP programs in May and October, Alberta has on-going STEP programs throughout the year at various locations utilizing various individual enforcement agencies. Joint force operations are also done. Advertising campaigns encompassing print, radio, TV and website are used to promote occupant restraint use. Child seat inspection clinics are on-going at various locations in the province throughout the year. • Besides ongoing provincial and local enforcement blitzes that are held during regional campaigns, British Colmumbia held an awareness campaign called One Click which is a multi-media presentation followed by a rollover simulator demonstration. ICBC and BCAA continued to work with enforcement and health professionals on education and enforcement of child safety seats. • Manitoba used air bag and rollover simulator demonstrations at public and media events to reinforce the importance of using seat belts. RCMP conducted STEP campaigns targeting multiple issues, including seat belts. • Nova Scotia held “Operation Road Safety in conjunction with police agencies. Rollover simulator demonstrations were done to raise awareness. A comprehensive awareness campaign, including print, television, radio and internet was held to promote the new child restraint regulations. • RCMP in Saskatchewan, in conjunction with some of the municipal police forces, initiated a “Click It Or Ticket” campaign from October to December 2006; 1400 seat belt tickets were issued in the three month period, up from 552 for the same three months the previous year. Checkstops during Canada Road Safety Week and Operation Impact were also conducted. Many of the municipal forces hold “focus of the month” blitzes, which include seat belts. • In New Brunswick, roll-over simulator demonstrations were done by the police at schools and public venues. Police also held covert seat belt enforcement operations throughout the province. The RCMP held internal training on RSV 2010 priorities, including seat belt and child restraints. • Newfoundland and Labrador established a Road Safety Committee to highlight road safety issues with representation from Health and Community services, RCMP, NORP 2006 Monitoring Report October 2007 12 RNC, Transportation and Works, Newfoundland and Labrador Safety Council, city engineering department Registrar of Motor Vehicles and special interest guests. • RCMP in Yukon conducted regular STEP programs, including Road Safety Week and Safe Driving Week. A total of 11 child restraint technicians were trained in 2006. • Ontario’s held its annual spring and fall provincial seat belt campaigns. The spring campaign focused on child passenger safety. The theme for the fall campaign was the 30th anniversary of Ontario’s seat belt law and focused on back seat occupants, rural males and males under 25 years old. IN May 2006, Ontario conducted a high profile “SmartLove” advertising campaign. Ads were broadcast across the province via radio, television and newspapers reminding the public that properly used child restraint car safety seats save lives. The SmartLove messaging appeared on overhead traffic signs and printed products were produced and distributed with the SmartLove logo. • In 2006, Transport Canada continued to issue notices regarding safety or user problems with child safety seats. The notices are listed on the Transport Canada web site at www.tc.gc.ca. In addition, Transport Canada initiated an increase in the upper weight limit for forward facing child restraints (CMVSS 213). RECOMMENDATION # 5 Each jurisdiction to implement measures that focus education and enforcement activities on rural geographic locations that have been shown by collision statistics to be high-risk locations. Alberta, Nova Scotia, Manitoba, Ontario, Prince Edward Island, Yukon and Saskatchewan held awareness/enforcement seat belt programs targeted at the rural population: • Alberta Infrastructure and Transportation, Alberta Occupant Restraint Program and police and health professionals targeted rural seat belt initiatives, including education and enforcement. • Nova Scotia’s rural seat belt coalition focused on child safety seats. • The Yukon RCMP held one child safety seat clinics in a rural community in 2006. • Saskatchewan continues to target occupant restraint use in Aboriginal communities through posters, radio ads in English, Cree and Dene and presentations. A seat belt radio advertising campaign ran in the spring and fall (during seeding and harvest) in the rural parts of the province. Closed captioning was run during programming geared directly to the rural audience. Child car seat clinics are promoted through print and radio ads. From May to September anyone who attended a car seat clinic entered a contest where a booster seat was drawn for at each clinic, with a grand NORP 2006 Monitoring Report October 2007 13 prize draw at the end of the campaign for a $1,000 registered education savings plan. • Manitoba RCMP used an air bag demonstrator as a tool to reinforce the importance of seat belts, air bags and transporting children in the back seat. • Ontario continued to offer community based grants to groups in urban and rural areas to encourage them to conduct activities such as child car seat inspection clinics, workshops, displays, booster seat fitting stations, seat belt usage counts and to develop promotional pieces. • Prince Edward Island saw checkstops involving the RCMP, municipal police and Highway Safety Enforcement officers in the rural parts of the province. • Transport Canada engaged IMPACT (MB) to conduct a promotional child restraint program in three First Nations communities, with the intention that the program would serve as a model for increasing restraint use among First Nation communities. COMMENTARY Some jurisdictions have been more successful than others in narrowing the gap between urban and rural seat belt usage. TC’s survey results indicate that Quebec, Ontario, Manitoba and Saskatchewan appear to have been most successful in bridging this gap. The improved survey methodology used by TC is allowing jurisdictions to invest appropriate resources to address the issues in their jurisdictions that could lead to making improvements in rural seat belt usage, which is apparent by Ontario’s strategy to focus on rural males. RECOMMENDATION #6 To increase the perceived risk of apprehension for the non-use of occupant restraints, jurisdictions should refocus their enforcement efforts to ensure that they are as effective as possible. Enforcement has been proven to be an important cornerstone in efforts to increase seat belt compliance and by increasing the visibility of enforcement, the perceived risk of being stopped/apprehended is augmented which in turn, will increase compliance. High visibility seat belt checks by police, supported by public education such as news releases, media interviews and community outreach, can significantly enhance the public’s perception of police efforts to increase occupant restraint compliance. In 2006, all but one of the eleven reporting jurisdictions conducted some form of STEP. Occupant restraint use was one of the targeted areas for this enforcement. Nine of the reporting jurisdictions focussed on seat belt use and child passenger safety. The vast majority of jurisdictions also targeted impaired driving. Three jurisdictions focussed STEP’s on intersection safety and speed management. British Columbia also targeted vulnerable road users such as motorcycles and pedestrians. NORP 2006 Monitoring Report October 2007 14 The following chart shows the number charges laid and convictions for occupant restraint offences by jurisdiction in 2006: Jurisdiction AB BC MB NS NB NL NT ON PE QC SK YT TOTAL Adult Occupant Adult Occupant Child Restraint Child Restraint Restraint Restraint Charges Laid Convictions Charges Laid Convictions Not reported 75,710 n/a Not reported n/a n/a 158 85,080 n/a n/a n/a 442 161,232 73,130 3,309 680 n/a 640 115 4,4321 2,077 n/a n/a 20 662 n/a n/a n/a 5 1,367 702 26 67,022 680 37,144 (2005) 8,076 428 196,298 368 13 1,196 (2005) 529 5 2,962 Transport Canada completed Phase I of a proof of concept project to assess the feasibility and user acceptability of a seat belt interlock system which delays the vehicle from being put in gear if the seat belt is not being used. Phase II of this project was completed in the spring of 2006. Initial results will be presented at the CCMTA Annual Meeting in May 2007. Suggestions for future research include looking at other types of vehicle functions which could be blocked and testing the devices on different populations. COMMENTARY: A method of accurately measuring the perceived risk of apprehension needs to be developed. NORP patiently awaits the work done by the CCMTA’s Research Task Force in developing a method to measure the progress of this recommendation. NORP will continue to explore technological solutions in order to help increase compliance with seat belt use laws. 1 2 Fiscal year from April 1, 2005 to March 31, 2006 Fiscal year 2005-2006 (under 16 years of age) NORP 2006 Monitoring Report October 2007 15 RECOMMENDATION #7 To encourage the involvement of enforcement in combined types of enforcement programs, such as the Safe and Sober Program in the U.S. where police officers enforce seat belt and drinking and driving laws within the same campaign (in line with CCMTA’s Strategy to Reduce Impaired Driving). Increasingly, enforcement activities are moving toward combined activities. Operation Impact is an example of a program which has moved, not only from its original focus on seat belt use alone, to a combination that identifies seat belt non-compliance with other high risk behaviour, including drinking and driving but also from a day-long to a weekend-long project. May 2006 saw the fourth annual Canada Road Safety Week, which resulted in 547 impaired driving related charges (up for 320 in 2005), 5,254 occupant restraint related charges (up from 3,636 in 2005) and 7,870 intersection related charges (up from 1,498 in 2005). Canada Road Safety Week has RCMP and other police agencies focus on impaired driving, occupant restraint use, speed and intersections for the week leading up to and including the Victoria Day long weekend in May. Operation Impact, in October 2006 resulted in 832 impaired charges (up from 274 in 2005) and 6,388 seat belt charges (up from 2,738 in 2005) as well as 16,995 aggressive driving related charges across the country in RCMP jurisdictions. The creation of Operation Road Safety in Nova Scotia and the implementation of Click It or Ticket in Saskatchewan indicate that jurisdictions continue to work with traffic enforcement to increase and/or maintain seat belt and child restraint use, and to encourage officers to ticket violators on a continuous basis. COMMENTARY The recent increase in this type of programming nationally has led to individual jurisdictions taking more initiatives to implement these types of operations on a provincial level. More jurisdictions should be encouraged to use the models that have been used nationally that see multiple enforcement agencies working together to address numerous road safety issues, such as drinking driving, seat belt use, speed and intersection safety. CCMTA can continue to provide a natural link in approaching the Canadian Association of Chiefs of Police to co-ordinate the development and implementation of police training in these issues across the country. RECOMMENDATION #8 Each jurisdiction continue activities with enforcement, education and legislative changes that encourage the use of seat belts and child car seats including sharing of resources and information among jurisdictions, and evaluating current programs so that other jurisdictions can gain information about program effectiveness and move toward a unified voice across the country with regard to seat belt and child car seat use. NORP 2006 Monitoring Report October 2007 16 CCMTA continues to maintain an inventory of public education materials pertaining to occupant restraints, with annual fall updates. This information is available on the CCMTA website. The following table lists public education materials created or updated in 2006, by the provinces and territories to promote child occupant restraint use: Jurisdiction British Columbia Item Web site, brochures, fact sheets, PSA’s, press releases, road signage, city buses, government vehicles, print and radio ads, posters, videos, child seat clinics, enforcement, booths at events, conferences, information sessions, tollfree information line Information available on the web Print material and radio through AORP Training sessions for health, enforcement and volunteers through Alberta Infrastructure and Transportation Target Enforcement, health field, professional, technicians, retail, children, parents, caregivers, Ethnic groups, government. Saskatchewan Web site updates of child restraint clinic locations, times and dates, updates to brochures on booster seat and child restraint use, posters Care-givers Manitoba TV, web site, seat belt demonstrations, handouts at rollover demonstrations Information provided on the web, Fall and Spring seat belt campaigns, car seat clinics, media events, news releases, poster series, growth chart, sizing card. In May 2006, the high profile “SmartLove” advertising campaign was conducted targeting child passenger safety. This campaign used radio, television, print media ads, highway signage and other print products. Une place pour moi – a program to teach Drivers, parents, caregivers Parents, caregivers, motorists that transport children in Ontario. Alberta Ontario Quebec NORP 2006 Monitoring Report October 2007 Distribution Methods Web site, RCMP, nurses, hospitals, Band Offices, Friendship Centres, schools (CAPP), points of service (claim centres, broker offices, licensing offices), ICR inspection clinics, conferences, retailers, restaurants, TSF/BCAA. Alberta Infrastructure and Transportation, Think and Drive, AORP Educators in child care Information on the web was promoted through all child passenger safety promotional material, public health and network of child passenger safety technicians, issuer/broker offices, schools, enforcement, band offices and Friendship centers MPI and MCSC web sites, brochures, and phone number Website, MTO regional planners, daycares, police services, public health units, and community groups, Ontario Early Years Centres, secondary schools, GO stations, trains, DriveTest Centres and licence issuing offices Education program in kindergarten and primary 17 Jurisdiction Nova Scotia Prince Edward Island Yukon Item kindergartens the importance of their safety seats, Le caroussel de la securite – an education program for primary schools, exhibitions Print, TV, radio and web advertising, promotional materials, press releases, growth charts, fact sheets Brochures, education courses 1st in a series of "Tips for installing car seats" handouts Target centres, day care centres kindergarten and primary schools Distribution Methods schools Web sites, public health, Community Services, school boards, family resource centers, day cares PEI access offices Parents, caregivers, educators in child care centers, general public Mail and handouts, Daycare centers, motor vehicle offices, Pre-Natal classes, Nursing stations Use of the Internet has allowed greater access to information and opportunities for networking. The following jurisdictions indicated they have web sites and information on child restraints and/or links to child restraint information: British Columbia: www.icbc.com Alberta: www.saferoads.com, www.infratrans.gov.ab.ca Saskatchewan: www.sgi.sk.ca Manitoba: www.mpi.mb.ca Ontario: www.mto.gov.on.ca Quebec: www.saaq.gouv.gc.ca New Brunswick: www.gnb.ca Nova Scotia: www.gov.ns.ca, www.momsanddads.ca, www.childsafetylink.ca Prince Edward Island: www.gov.pe.ca Newfoundland and Labrador: www.gs.gov.nl.ca Northwest Territories: www.gov.nt.ca Yukon: www.hpw.gov.yk.ca (under construction) Transport Canada: www.tc.gc.ca Safe Kids Canada: www.safekidscanada.ca CCMTA: www.ccmta.ca Canadian Association of Road Safety Professionals: www.carsp.ca National Highway Traffic Safety Administration: www.nhtsa.dot.gov COMMENTARY: Transport Canada’s continued combined urban/rural seat belt report should allow jurisdictions to better target their promotional material. This would help to ensure that resources are allocated to programs and materials that have the greatest chance for improvement in seat belt usage. However, anecdotal evidence shows that resources for program development and implementation are more easily accessed than resources for evaluation. NORP 2006 Monitoring Report October 2007 18 INFORMATION ITEM: NORP STRATEGY 2010 PROGRESS UPDATE In 2001, the NORP Strategy 2010 was revised. Along with the eight recommended strategies there was a list of support activities that NORP was to initiate to assist in carrying out the strategies. The activities are: • Review and update the current recommended legislative model on child safety seats. The NORP Task Force updated the Model of Legislative Provisions for Motor Vehicle Occupants with booster seat recommendations. The CCMTA Board of Director approved these changes in May 2004. Nothing has been done with the legislative model since then. • Develop a standardized "Toolkit" for use in provincial and territorial jurisdictions to provide the mechanism for a more uniform "best practices" approach to seat belt/child safety seat interventions, and make it easier for jurisdictions and organizations to undertake initiatives without the resource implications of developing a new product. A toolkit would also be provided on conducting local surveys and involving local community partners. NORP developed and distributed a toolkit to assist jurisdictions in managing media in the public awareness campaign in May 2005. This toolkit requires revisions to serve the purpose mentioned above. • Develop a national advertising campaign to promote the proper use of seat belts and child occupant protection with sponsorship support. NORP ran a public service announcement type campaign, using regional task force members to distribute ads to local media outlets in 2005. The acquisition of a national sponsor would allow for future advertising campaigns to run country-wide. • Develop strategies to profile special populations, including developing a rural strategy, profiling rural populations to assess factors associated with consistently lower seat belt compliance rates. Other populations to profile include developing a strategy on children’s safety in the vehicle. Transport Canada’s combined urban and rural seat belt survey report will help in the identification of specific demographics that need to be targeted with strategies to increase restraint use. The formation of CCMTA’s Rural Road Safety Task Force will also benefit this strategy. • Support the development of a national training program on child safety seats. NORP 2006 Monitoring Report October 2007 19 NORP has a number of task force members that are also members of the National Child Passenger Training Advisory Committee. This committee worked to develop a national training program and continues to support it by providing maintenance on training materials and advice to the certifying agency. Almost all jurisdictions use this program to train technicians to conduct child safety seat checks. • Support, encourage the involvement and educate partners such as police, public health and judiciary to help raise the level of understanding and value of the importance of wearing seat belts and child safety seats. In addition, support and encourage the involvement of more community and corporate partners to assist with the development of national programs and campaigns. Jurisdictionally, partnerships have been developed or strengthened over the past few years. The NORP Task Force has representation from SafeKids Canada. • Report regularly through a monitoring report on the success in all jurisdictions to achieve NORP’s objectives and strategies. NORP prepares an annual monitor report that is presented to CCMTA’s Standing Committee on Road Safety Research and Policies in the spring of each year. • Regularly update the Inventory of Child Occupant Promotion and Awareness activities chart. CCMTA maintains an inventory of child occupant restraint promotion and awareness materials, through the NORP Task Force. Since 2004, this inventory includes not only child occupants but all occupant restraint materials. • Connect with the STRID and High Risk Driver Task Forces to ensure there is consistency where the strategies of these groups overlap and/or are working to address the same population. The creation of the RSV 2010 Communications Task Force in 2004 should help to make the coordination of consistent messaging across task forces. There is overlap in membership between the Communications Task Force and NORP. • Where technology and changes to the vehicle could help increase seat belt and child seat safety, NORP will work towards effective and better vehicle solutions. A seat belt interlock study was undertaken by Transport Canada, NHTSA and the Centre for Education and Research in Safety. This was a two year study to follow 60 drivers in both Canada and the U.S. who have the device installed in their vehicle to see if it influences belt usage rates. The focus group results from this study indicated that the device increased compliance somewhat. Some drivers tried to bypass the system and some still had difficulty wearing seatbelts on short trips. Further research involving a larger fleet of drivers and other types of reminder systems is planned. NORP 2006 Monitoring Report October 2007 20 • As other forms of occupant protection, such as air bags and head restraints, have impact on vehicle occupants from children to adults, NORP will monitor and develop strategies as needed to address these areas, especially in consideration of technological changes and advances (i.e. side impact air bags). In reviewing the Model of Legislative Provisions for Motor Vehicle Occupants the issue of using height as a legislative requirement was discussed. In the process of discussion, NORP wrote to Transport Canada to request more research in the anthropometric measurement for booster seat use. Transport Canada is developing a more up-to-date model with the objectives of assessing current anthropometric studies, developing a proof of concept and make recommendations on a national level. Next steps are to find funding partners and make necessary adjustments to the methodological approach. • Review NORP strategy at mid-point of Road Safety Vision 2010 (2006) to determine appropriate options for next steps. This task is underway. NORP 2006 Monitoring Report October 2007 21 APPENDIX I: Number of People Killed or Injured as Passengers in Motor Vehicles (light duty vehicles) in Canada, 2005 JURISDICTION DEATHS AB BC MB NB NL NS NU NT ON PE QC SK YT Total 342 % % % CORRECTLY INJURIES CORRECTLY OF RESTRAINTED* RESTRAINTED* POPULATION 41.3% 20,146 72.1% 10.1% 306 60.4% 22,811 92.7% 84 57.3% 5,897 95.7% 77 48.1% 3,397 92.5% 28 57.1% 1,746 91.9% 54 100.0% 3,585 99.0% 1 0.0% 15 27.3% 2 50.0% 122 85.5% 550 64.1% 60,042 93.6% 13 46.2% 661 89.6% 497 70.2% 44,387 94.5% 112 45.6% 5,739 76.8% 4 25.0% 155 92.3% 2,070 60.4% 168,703 90.8% 13.2% 3.6% 2.3% 1.6% 2.9% 0.1% 0.1% 38.9% 0.4% 23.5% 3.1% 0.1% 100% *total excludes unknown category (Data from Transport Canada) NORP 2006 Monitoring Report October 2007 22 APPENDIX II: Children Aged 0 – 9 Killed or Injured Across Canada (1990 – 2005) 5000 injuries 4000 3000 2000 1000 199 199 199 199 199 199 199 199 199 199 200 200 200 200 200 200 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 0-4 Injuries 3811 3622 3599 3488 3345 3412 3085 2847 2717 2837 2730 2563 2494 2458 2349 2237 5-9 Injuries 4738 4549 4771 4585 4429 4464 4404 4115 4117 4060 3986 3789 3832 3466 3319 3173 0-4 Fatalities 53 30 39 39 39 56 24 41 29 26 14 20 19 15 9 18 5-9 Fatalities 36 35 51 29 27 28 38 28 23 years 27 28 32 22 15 21 19 100 90 80 70 60 50 40 30 20 10 0 fatalities Children Occupants of LDV (Data from Statistics Canada and Transport Canada) NORP 2006 Monitoring Report October 2007 23 Rates of Children Aged 0 – 9 Killed or Injured Across Canada (1990 – 2005) 3000 injuries 2500 2000 1500 1000 1990 1991 1993 1994 1995 1997 1998 1999 2001 2002 2003 2005 0-4 Injuries 1973 1850 1734 1665 1719 1485 1451 1551 1457 1441 1437 1317 5-9 Injuries 2464 2352 2346 2250 2241 2017 1999 1976 1879 1926 1774 1686 0-4 Fatalities 27.44 15.32 19.38 19.42 28.22 21.38 15.49 14.22 11.37 10.98 5-9 Fatalities 18.72 18.10 14.84 13.71 14.06 13.72 11.17 13.14 15.87 11.06 8.77 10.60 7.68 10.09 100.00 90.00 80.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00 - fatalities Rates per 1,000,000 Children LDV Occupants years (Data from Statistics Canada and Transport Canada) NORP 2006 Monitoring Report October 2007 24 Appendix III: Fine & Demerit Point Table (updates are in red bold) Jurisdiction AB Fine Range $50 $500 $120 + $18*** BC MB NB NL Max $1000 $168 $1000 $100 – $500 NS NT ON PE QC SK YT * ** *** **** Fines for Non-use of Seat Belts $100 + $15 $60 $500 $100 $200 $80 $100 Regular Driver Points for Non-use of Seat Belts Adults 0, New Drivers – GDL only 2 0 New Driver Conditions Points to Warning Points to Interview Points to Suspension Points to Warning Points to Interview Points to Suspension 8 n/a 15 GDL 4 n/a GDL 8 9-14 20+ intent to prohibit 2-3* 2-3* ** ** n/a 4-6 1 month prohibition* ** **** $168 2 – drivers only 1 15-19 (probation letter) n/a 3, 7 n/a 10 n/a n/a $100 2 6&9 n/a 12 3 n/a 4 – 1st year 6 – 2nd year 6 $157.50 (which includes all costs) 2 4 10 3 (Optional) 4 (2 for Learner’s License) 6 (4 for Learner’s Licence) $100 plus $15 surcharge $90 + $20 2 8 6 – 9: advisory letter (with re-exam for at-fault collision) 12 15 n/a n/a 2 6 9 15 2 6 6 (1 month) 12 (3 months) 15 (6 months) 9 – in a two year period 6+ (1st year) 9+ (2nd year) 4 $247 $100 + $10 $80 3 6,7,8 9,10,11 12 3,4,5 Susp. Level 3 7 n/a 15 n/a n/a $165 3 9-14 15-19 (after interview, training or retesting) 20 2 $75 4 8 n/a 15 4 3 – traffic safety workshop or education session Any GDL driver who has DPS (7 points) Not based on points – 4th incident (traffic conviction or at fault collision) 7 New Driver Conditions (within 2 yrs), one 12 hr or 24 hr suspension=1 month driving prohibition; 2 or more suspensions = 1 year driving prohibition Driver called in for a show cause based on seriousness of record. Automatic show cause for (speeding over 49K, disobey peace officer; careless driving; racing a motor vehicle; fail to remain). $120 + $18 victim surcharge. Reduced by $25 if paid within 30 days. Driver Improvement is based on severity and frequency of incidents added to a driver’s record. Last updated April 2007 with 2006 data NORP 2006 Monitoring Report October 2007 25 Appendix IV: NORP - Child Restraint Exemptions Table (Updates are in red bold) Exemption in Pace (*) Registration Driver not licensed in the province Vehicle registered in another jurisdiction Registered to someone other than parent/guardian Non-resident under 9 kg/rental vehicle Non-resident Type of Bus (for hire) Vehicle School bus Taxi (child in/driver of) Motor home Vehicle manufactured prior to a certain date Emergency Emergency vehicle Vehicles Peace/police officer on duty Ambulance (if seatbelt not available) Firefighters Driver of Rental less than 14 days Rental Rental less than 21 days Vehicles Rental less than 30 days Short Term (< 30 days) Medical and Physical Day Care/Pre-school Activity Seat belt not available to passenger Driver of vehicle in which seat belt not required Other Legislation Enacted (MM/DD/YY) 1) 2) 3) 4) 5) 6) 7) 8) BC * SK MB ON * 1 * 3 2 QC NB NS PE NL NT * 1 1 * 11** 3 3 YT * * * * * 7 12/63 7 * * * * * * 7 7 * * * 12 9 1971 * * * 1970 1971 1971 * * * 1971 7 * * * * 1965 * * * * * * * * * * * 6 3,7 * * * 3/1/85 Vehicle registered in jurisdiction which does not require the use of child restraint systems. Vehicle is not equipped with child restraint system. Children between 9-18 kg in vehicle other than parent/guardian may use lap belt. Children under 18 kg only. In rear compartment if under 18 kg. Providing a letter of exemption is issued from a qualified medical practitioner. If seat belt not available. Temporary exemptions only. No permanent exemptions given. NORP 2006 Monitoring Report October 2007 AB 11/13/84 10 7 * * * * 11/1/83 3/84 * * * 6 * * 11/1/84 1985 * * 11/1/82 11/1/83 10/16/89 1/1/85 In a moving taxi, the child must be restrained by the seat belt with which the seat is equipped. 10) The administrator may exempt a person if satisfied s/he is unable to wear a seat belt assembly. 11) Effective Jan. 1, 2007 with the implementation of the new regulations all caregivers must restrain young children in the appropriate seat. 12) While transporting a passenger for hire provided not under contract with school boards or other authority for the transportation of children. 7/1/87 * 6 * * * * 7/1/82 0/1/88 9/1/87 9) Last updated: April 2007 with 2006 data 26 NU Appendix V: NORP – Seat Belt Exemptions Table (Please indicate updates in red bold) Exemption in Place (*) BC AB SK MB ON QC NS PE NB NL YT NT * * * * * * * * * * All Drivers Driving in reverse Requiring medical certificate/time limited * * 1 * * * 1 * * * Medical Physical characteristics: size or build * * 1 * * * * * * * * * * 9 Emergency Police – on duty or in performance of duty * Transporting someone in care/custody * * * * * * * * Unless protected * * * Firefighters While in or on a fire truck 3 If not occupying position with seat belt available * * In emergency * 4 Ambulance Ambulance attendants 4 Attendants When carrying patient * * * * 4 If not occupying position with seat belt available * In emergency * Passengers in an ambulance 12 Frequent stops * Delivery Route Frequent stops and speed under 40 km/h * * 2 * * * 5 8 * Drivers Canada Post employees on rural mail delivery * * Operating a taxi cab for hire 7 * Taxi Drivers In the performance of his work * When carrying passengers for hire * * * * * * * * * * * * * * Persons in custody/under arrest * 10 * Bus drivers (Transit) * Driving instructors * Driving examiners * * Parade participants 6 6 6 Pelvic restraint only must be worn 1963 * * * 1970 1965 Vehicles manufactured prior to date (no belts) * * Commercial use 10/1/77 7/1/87 7/1/77 3/l/84 1/1/74 8/15/76 1/1/85 7/1/87 11/1/83 7/1/82 7/1/91 3/1/88 Legislation enacted (MM/DD/YY) 12/01/ 2006 1) 2) 3) 4) 5) 6) 7) No time limit on medical seat belt exemption. Exemption for “frequently alighting” from vehicle intended to address police as well. Conducting specific work activities when occupying a seated position behind the driver's cab. Conducting specific work activities when riding in the rear compartment of an ambulance. Frequent stops and speed under 50 km/h. For systems in which the pelvic belt is separate from the torso belt. Speed under 70 km/h. NORP 2006 Monitoring Report October 2007 8) 9) Speed under 30 km/h where distance between stops does not exceed 250m. Where compliance would endanger him/her or hamper performance of his/her duties. 10) When traveling under 40km on regular route or believe safety to be at risk. 11) If working in an industry specifically mentioned in legislation. 12) Where attendance to patients makes it impracticable to wear a seat belt. Last updated: April 2007 27 NU Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction British Columbia Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Oct. 1, 1977 MOTOR VEHICLE ACT Seat belt assembly 220 (1) In this section, "seat belt assembly" means a device or assembly suitably fastened to the motor vehicle 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, an upper torso restraint or both of them. (2) A person must not sell, offer for sale or operate on a highway a motor vehicle required to be registered and licensed only under this Act and manufactured or assembled after December 1, 1963, other than a motorcycle, unless it is equipped with not less than 2 seat belt assemblies for use in the front seat in accordance with the regulations. (3) A person must not drive or operate a motor vehicle on a highway in which a seat belt assembly required under this section or the Motor Vehicle Safety Act (Canada) at the time the motor vehicle was manufactured, assembled or imported into Canada has been removed, rendered partly or wholly inoperative, or modified to reduce its effectiveness. (4) A person in a motor vehicle being driven or operated on a highway must, if the motor vehicle has properly attached to it a seat belt assembly for the seating position occupied by that person, wear the complete seat belt assembly in a properly adjusted and securely fastened manner. (5) Subsection (4) does not apply to a person (a) driving a motor vehicle in reverse, (b) who is in possession of, and produces on request to a peace officer, a valid and subsisting certificate NORP 2006 Monitoring Report October 2007 Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* 1985 MOTOR VEHICLE ACT REGULATIONS 26/58 Division 36 — Child Seating and Restraint Systems Obligation on driver 36.01 A person shall not drive or operate on a highway a motor vehicle in which there is a child under the age of 6 unless the driver or operator causes that child to be securely fastened by a properly utilized and adjusted restraint system which complies with this Division. Systems for infants 36.02 In respect of children weighing less than 9 kg, the restraint system shall comply with section 213.1 of the Motor Vehicle Safety Regulations of Canada as amended from time to time. Systems for toddlers 36.03 In respect of all children weighing 9 kg or more but less than 18 kg, (a) in the case of a child who is carried in a motor vehicle driven or operated by the parent or guardian of the child, the restraint system shall comply with section 213 of the Motor Vehicle Safety Regulations of Canada as amended from time to time, and (b) in any case, the restraint system shall either comply with the system referred to in paragraph (a) or comprise the pelvic restraint of a seat belt assembly as defined in section 220 (1) of the Act. Systems for preschoolers 36.04 In respect of all children under the age of 6 not categorized in sections 36.02 and 36.03, the restraint system shall comprise the pelvic restraint of a seat belt assembly as defined in section 220 (1) of the Act. Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints CHILD SEATS: www.icbc.com/Road_Safety/carseat.ht ml www.icbc.com/Road_Safety/Child_Pa ssenger_Safety_TS264T_(012005).pd f www.icbc.com/Road_Safety/LP65_(01 2005).pdf www.icbc.com/Library/research_paper s/Child_seat/index.html www.qp.gov.bc.ca/statreg/reg/M/Motor Vehicle/26_58/26_5812.htm#division39 www.tsfbcaa.com/Content/CustomPages/Hom e.aspx www.nhtsa.dot.gov/CPS/CSSRating/In dex.cfm www.sja.ca/bc/ SEAT BELTS: www.icbc.com/buy_car/buycar_seatbe .html www.icbc.com/buy_car/TS274S%20(1 02002)web%20seat%20belts.pdf www.qp.gov.bc.ca/statreg/stat/M/9631 8_04.htm#section220 www.injuryresearch.bc.ca www.roadsafety.ca/ Non-application — specific 36.05 Sections 36.02 and 36.03 (a) do not apply 28 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* (i) issued by the superintendent on the recommendation of a medical practitioner, or (ii) in the form established by the superintendent, signed by a medical practitioner and issued for a period not exceeding 6 months, certifying that the person is, (iii) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, or (iv) because of the person's size, build or other physical characteristic, unable to wear a seat belt assembly, or as against a driver or operator of a motor vehicle which is (a) not licensed in British Columbia, or (b) on rental for a period not exceeding 30 days. Non-application — general 36.06 This Division does not apply as against the driver or operator (a) of a motor vehicle which is being operated as a taxi as defined in section 32.01, (c) who is actually engaged in work that requires him or her to alight from and re-enter the motor vehicle at frequent intervals and who, while engaged in that work, does not drive or travel in that vehicle at a speed exceeding 40 km/h, or (b) who is a peace officer operating the vehicle in the lawful performance of his duties, (c) who is in possession of and produces on request to a peace officer a valid and subsisting certificate issued by the superintendent or a medical practitioner certifying that the child is unable for medical or physical reasons to wear or be fitted to the restraint system, (d) under age 16. (6) A person must not drive on a highway a motor vehicle in which there is a passenger who has attained age 6 but is under age 16 and who occupies a seating position for which a seat belt assembly is provided unless that passenger is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner. Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints 1991 (d) of a motor vehicle which is not required to be equipped with a seat belt assembly as required by section 208 of Schedule IV to the Motor Vehicle Safety Regulations (Canada), (e) of an emergency vehicle, and (f) of a bus. (7) Subsection (6) does not apply if the passenger (a) is in possession of, and produces on request to a peace officer, a valid and subsisting certificate (i) issued by the superintendent on the recommendation of a medical practitioner, or (ii) in the form established by the superintendent, signed by a medical practitioner and issued for a period not exceeding 6 months, certifying that the person is, NORP 2006 Monitoring Report October 2007 Division 39-Road Safety Passenger to be properly seated 39.01 Subject to section 9 of the Passenger Transportation Regulation, B.C. Reg. 266/2004, a person on or in a vehicle being driven or operated on or across a highway shall, while the vehicle is in motion, remain seated on a seat that has been securely installed in the passenger compartment of the vehicle. Driver prohibited from driving 29 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* (iii) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, or (iv) because of the person's size, build or other physical characteristic, unable to wear a seat belt assembly, or (b) is actually engaged in work that requires him or her to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed exceeding 40 km/h. (8) Despite this section, if a seat belt assembly consists of a pelvic restraint and a separate upper torso restraint, only the pelvic restraint need be worn. (9) The Lieutenant Governor in Council may make regulations as follows: (a) requiring the use of child seating and restraint systems in motor vehicles on highways and prescribing the specifications for them; (b) defining the age of a child for the purpose of paragraph (a); (c) providing for the exemption from any provision of this section of any (i) type or class of motor vehicle, and (ii) class or group of drivers or passengers in motor vehicles. Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints unless passenger is properly seated 39.02 Subject to section 9 of the Passenger Transportation Regulation, B.C. Reg. 266/2004, no person shall drive or operate a vehicle on or across a highway if there is a person on or in the vehicle who is not seated on a seat referred to in section 39.01. Exceptions 39.03 For the purposes of this section only, "vehicle" does not include (a) mobile equipment as defined in section 26 of the Industrial Health and Safety Regulation, B.C. Reg. 585/77, or (b) a conveyance referred to in section 28 of that regulation that complies with and is being used in accordance with that regulation. Seating for a child 39.04 A child to whom Division 36 applies who is restrained in the manner required by that Division is deemed to be seated in the manner required by sections 39.01 and 39.02. (10) A person who contravenes this section commits an offence. MOTOR VEHICLE ACT Regulations 26/58 Division 39-Road Safety Passenger to be properly seated 39.01 Subject to section 9 of the Passenger Transportation Regulation, B.C. Reg. 266/2004, a person on or in a vehicle being driven or operated on or across a highway shall, while the vehicle is in motion, remain seated on a NORP 2006 Monitoring Report October 2007 30 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints seat that has been securely installed in the passenger compartment of the vehicle. 1991 Driver prohibited from driving unless passenger is properly seated 39.02 Subject to section 9 of the Passenger Transportation Regulation, B.C. Reg. 266/2004, no person shall drive or operate a vehicle on or across a highway if there is a person on or in the vehicle who is not seated on a seat referred to in section 39.01. Exceptions 39.03 For the purposes of this section only, "vehicle" does not include (a) mobile equipment as defined in section 26 of the Industrial Health and Safety Regulation, B.C. Reg. 585/77, or (b) a conveyance referred to in section 28 of that regulation that complies with and is being used in accordance with that regulation. Seating for a child 39.04 A child to whom Division 36 applies who is restrained in the manner required by that Division is deemed to be seated in the manner required by sections 39.01 and 39.02. Alberta July 1, 1987 Driver and passengers in a seating position where a seat belt assembly is provided shall properly wear the complete seat belt assembly as required by the Traffic Safety Act – Vehicle Equipment Regulation Section 78(2)(a)(b) Jan 1, 1985 It is the driver’s responsibility to ensure that children 6-16 years or weighing more than 18 kg (40 lb.) be properly secured in a seat belt assembly. www.acicr.uablerta.ca Children from birth to 18 kg (40 lbs.) or under 6 years of age must be restrained according to Section 213 of the Motor Vehicle Safety Regulations. Saskatchewan July 1, 1977 Where a motor vehicle being driven on a NORP 2006 Monitoring Report October 2007 Nov.1, 1983 Where a motor vehicle has a seating position www.sgi.sk.ca 31 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* highway is equipped with a seatbelt assembly in a seating position that is occupied by the driver, the driver shall wear the complete seat-belt assembly properly adjusted and securely fastened. equipped with a seat-belt assembly available for a passenger, no person shall drive that vehicle on a highway with a passenger under the age of 16 years unless: (b) if the passenger weighs less than 18 kilograms: (i) the passenger occupies a child restraint system or infant restraint system, as defined in the regulations made pursuant to The Vehicle Administration Act, so that it is properly adjusted and securely fastened in the manner recommended by the manufacturer; and (ii) the child restraint system or infant restraint system: (A) is appropriate for the passenger’s weight and height; and (B) is secured to the vehicle in the manner recommended by the manufacturer. Where a motor vehicle has a seating position equipped with a seat-belt assembly available for a passenger, no person shall drive that vehicle on a highway with a passenger under the age of 16 years unless: (a) the passenger occupies the seating position equipped with a seat-belt assembly and wears the complete seat-belt assembly properly adjusted and securely fastened Where a motor vehicle being driven on a highway is equipped with a seat-belt assembly in a seating position that is occupied by a passenger, the passenger shall wear the complete seat-belt assembly properly adjusted and securely fastened. Manitoba April 1984 All drivers and passengers are required to wear seat belts in seating positions that have seat belts. Some exemptions exist. Highway Traffic Act: Seat belt assembly 186(1) In this Act, "seat belt assembly" means a seat belt assembly as defined in the regulations made under the Motor Vehicle Safety Act (Canada). Condition of seat belt assembly 186(2) No person shall, on a highway, operate or permit the operation of a motor vehicle in which a seat belt assembly, or an automatic occupant protection system as defined in the regulations made under the Motor Vehicle Safety Act (Canada) and required by those regulations at the time the NORP 2006 Monitoring Report October 2007 April 1984 All children under 5 years of age and 50 pounds must be restrained in an appropriate device prescribed in the regulations and the device must be properly secured to the motor vehicle. Highway Traffic Act: Child restraints required 186(9) No person shall operate, or permit the operation of, a motor vehicle on a highway unless every passenger in the vehicle who has not yet attained the age of 5 years and who is under 50 pounds in weight is properly secured in a restraining device of a kind prescribed in the regulations and the device is properly secured to the motor vehicle. Child Restraining Devices Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints www.preventioninstitute.sk.ca web2.gov.mb.ca/laws/statutes/ccsm/h 060_3e.php#186 web2.gov.mb.ca/laws/regs/pdf/h060119.92.pdf web2.gov.mb.ca/laws/regs/pdf/h060411.87r.pdf www.hsc.mb.ca/impact/ www.mpi.mb.ca Regulation 32 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* motor vehicle was manufactured in Canada or imported into Canada, has been removed, or has been modified or rendered partly or wholly inoperative so as to reduce its effectiveness. Seat belt required by driver 186(3) Subject to subsection (5), every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear a complete seat belt assembly in a properly adjusted and securely fastened manner; but where a seat belt assembly consists of a separate pelvic and torso restraint the driver may wear the pelvic restraint only. Seat belt required by passenger 186(4) Subject to subsection (5), every person who is a passenger in a motor vehicle while it is being driven on a highway in which a seat belt assembly is provided for seating positions occupied by the passenger shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner; but where a seat belt assembly consists of a separate pelvic and a torso restraint the person may wear the pelvic restraint only. Wearing seat belts not required 186(5) Subsections (3) and (4) do not apply to a person (a) driving a motor vehicle in reverse; (b) who holds a certificate signed by a qualified medical practitioner certifying that the person is during the period stated in the certificate, unable for medical reasons to wear a seat belt assembly and on request made by a peace officer produces the certificate; (c) where the peace officer is satisfied that by reason of the person's size, build or other physical characteristics, the person is unable to wear a seat belt assembly; (d) while he is engaged in work which requires him to alight from and re-enter the motor vehicle at frequent intervals and who while engaged in the work does not drive at a speed exceeding 40 kilometres per hour; NORP 2006 Monitoring Report October 2007 Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints (M.R.411/87) Standard 1 For the purpose of subsection 186(9) of the Act, a child restraining device is one that complies with the requirements of the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act (Canada) and has been properly installed in a motor vehicle. Application 2 Subsection 186(9) of the Act does not apply (a) where a motor vehicle (i) is registered in another province or jurisdiction which does not require the use of child restraint systems, or (ii) is a u-drive vehicle rented for a period not exceeding 21 days, or (iii) is a taxicab, while it is transporting for hire a passenger; (b) where a certificate signed by a qualified medical practitioner certifying that the person is, during the period stated in the certificate, unable for medical reasons to wear a child restraint system and upon request made by a peace officer produces the certificate; (c) where to the satisfaction of a peace officer, the person is of such size or build or possesses such other physical characteristics that he would be unable to be constrained in a child restraint system; (d) to the casual and occasional transportation of a child or children in a vehicle driven by a person who is not the parent of the child or children and the vehicle is not equipped with a child restraint system; (e) where a motor vehicle is not equipped with safety belts as required under the Canadian Motor Vehicle Safety Standards. 33 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints (e) who is a peace officer and the use of a seat belt assembly would obstruct or hinder him in the performance of his duties; (f) who is a driving instructor of a driving instruction school or any other person while engaged in driving instruction; (g) who is a provincial driver examiner while engaged in driver examination; (h) who has not attained the age of 5 years; or (i) who is in the care or custody of a peace officer. Age restriction 186(6) Subject to subsection (7), no person shall drive on a highway a motor vehicle in which there is a passenger (a) who has attained the age of at least 5 years but has not yet attained the age of 18 years; or (b) who is under the age of 5 years but whose weight exceeds 50 pounds; and who occupies a seating position for which a seat belt assembly is provided, unless that passenger is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner; but where the seat belt assembly consists of a separate pelvic and torso restraint, the passenger may wear the pelvic restraint only. Medical or physical restrictions 186(7) Subsection (6) does not apply where the passenger (a) holds a certificate signed by a qualified medical practitioner certifying that the person is, during the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, and on request made by a peace officer produces the certificate; (b) is, to the satisfaction of a peace officer, of such size or build or possesses such other physical characteristics that he is unable to wear a seat belt assembly; (c) is engaged in work which requires him to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle is not being driven at a speed NORP 2006 Monitoring Report October 2007 34 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints exceeding 40 kilometres per hour; or (d) is in the care or custody of a peace officer. Driving while on duty 186(8) Subsections (3), (4) and (6) do not apply to (a) a peace officer who in the lawful performance of his duty, is transporting a person in his care or custody; (b) a driver where he is transporting a passenger for hire in a taxicab or livery; or (c) a medical attendant where he is transporting a patient in an ambulance. Seat Belt Exemptions Regulation Exemptions 1 The provisions of subsections 186(3) and (4) of The Highway Traffic Act do not apply: (a) a person riding on or in a motor vehicle in a lawfully permitted parade; (b) an urban transit driver when operating a transit bus; (c) a driver and any attendant of a rescue wagon while responding to or returning from an emergency. Application of ss. 186(2) and (11) 2 Subsections 186(2) and (11) of The Highway Traffic Act do not apply to motor vehicles which are structurally adapted as custodial vehicles by the Provincial Sheriff's Branch or any provincial or municipal police department, in Manitoba and are used primarily for the purpose of conveying persons in lawful custody. Ontario 1976 Ontario Highway Traffic Act, Section 106: All vehicle occupants (with limited exceptions) NORP 2006 Monitoring Report October 2007 1982 Infants under 9 kg are to travel rear facing. Toddlers who weigh 9 kg or more but less 18 kg www.mto.gov.on.ca/english/about/bill7 3.htm 35 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Dec 1, 2006 Quebec 1976 1990 2002 must occupy a seating position with a seat belt and use the seat belt properly. Driver to ensure passengers under 16 years old occupy a seating position with a seat belt and wear the seat belt as required by legislation. Driver required to ensure child passenger secured as prescribed in the regulations. Passengers who appear to be at least 16 years of age are now required to identify themselves to police for seat belt offences by providing their name, date of birth and address. A seat belt assembly shall be worn so that, the pelvic restraint is firmly against the body and across the hips; the torso restraint, if there is one, is closely against the body and over the shoulder and across the chest; the pelvic restraint, and the torso restraint, if there is one, are securely fastened; and no more than one person is wearing the seat belt assembly at any one time. Under the Highway Safety Code, seat belts are mandatory for all front seat occupants. Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Passed Dec 6, 2004 Proclaimed Sept 1, 2005 1990 Under the Highway Safety Code, seat belts are mandatory for all back seat occupants. Under section 396 of the Code, in a moving vehicle any person, except a child targeted by section 397, must wear a properly fastened seat belt with which the seat is equipped. The driver is responsible for ensuring that all occupants aged 16 or less wear a seat belt and all children whose sitting height is less than 63 cm are seated in a properly installed safety seat. Fines: $80-$100 Demerit points: 3 NORP 2006 Monitoring Report October 2007 2002 Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints (20-40 lbs.) are to travel forward facing. May travel rear-facing if the manufacturer of the child car seat being used recommends its use by toddlers. Booster seat requirements: children under eight years old, who weigh 18 kg or more but less than 36 kg (40-80 lbs.) and stand less than 145 cm, (4’, 9”) tall. With specific exemptions, most drivers now required to secure children in a proper child restraint. 2 demerit points for non-compliance www.mto.gov.on.ca/english/safety/car seat/choose.htm www.mto.gov.on.ca/english/safety/car seat/tips.htm www.mto.gov.on.ca/english/safety/car seat/card.htm www.mto.gov.on.ca/english/safety/sea tbelt.htm Section 397 of the Highway Safety Code : “Every child under 5 years of age who occupies, in a road vehicle other than a taxi, a seat that required to be equipped with a seat belt, must be restrained by another safety device that conforms to the standards of installation and use prescribed by regulation, unless he wears, properly fastened, the seat belt with which his seat is equipped.” Amendment to section 397 of the Highway Safety Code: “ In a moving road vehicle, every child whose sitting height is less than 63 cm, measured from the seat to the top of the head, must be restrained by a restraint system or booster cushion that complies with the regulations under the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16). The restraint system or booster cushion must, in accordance with the manufacturer's instructions affixed thereon, be suitable for the child's height and weight and be securely attached to the vehicle. Société de l’assurance automobile du Québec Website: www.saaq.gouv.qc.ca under prevention http://www.saaq.gouv.qc.ca/prevention /index.html www.e-laws.gov.on.ca http://ogov.newswire.ca/ontario/GPOE/ 2006/12/01/c2652.html?lmatch=&lang =_e.html 36 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints The driver is responsible for ensuring that all children whose sitting height is less than 63 cm are seated in a properly installed safety seat. Fines: $80-$100 Demerit points: 3 New Brunswick November 1983 200.1(3) Subject to subsection (5), 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 in a properly adjusted and securely fastened manner. 200.1(4) Subject to subsection (5), every person, other than a person under the age of sixteen, who is a passenger in a motor vehicle being driven on a highway and who occupies a seating position for which a seat belt assembly is provided shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner. 200.1(6) Subject to subsection (7), no person shall drive on a highway a motor vehicle in which there is a passenger who is under sixteen years of age and occupies a seating position for which a seat belt assembly is provided unless that passenger (a) is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner, or (b) is occupying and is properly secured in a child seating and restraint system prescribed by regulation, as the case may be. 200.1(8) The Lieutenant-Governor in Council may make regulations Nov 1984 (Reg. 83-163 under the Motor Vehicle Act) 6(1) No person shall drive on a highway a motor vehicle in which there is a passenger (a) who is under the age of five years, and (b) who weighs eighteen kilograms or less unless that passenger is occupying and is properly secured in a child seating and restraint system prescribed under section 7. 7 A child seating and restraint system (a) the use of which is in compliance with the manufacturer’s specifications as to the weight of the child, (b) that is installed in accordance with the installation information required by section 17 of the Children’s Car Seats and Harnesses Regulations under the Hazardous Products Act, chapter H-3 of the Revised Statutes of Canada, 1970, and (c) that has indelibly printed on it or permanently affixed to it (i) the information prescribed by subsections 16(1) and (2) of the Children’s Car Seats and Harnesses Regulations under the Hazardous Products Act, chapter H-3 of the Revised Statutes of Canada, 1970, or (ii) a label stating that it meets the Canadian Motor Vehicle Safety Standard (CMVSS 213.1), is a prescribed child seating and restraint system for the purposes of paragraph 200.1(6)(b) of the Act. www.gnb.ca/0062/PDF-acts/m-17.pdf www.gnb.ca/0062/PDF-regs/83163.pdf www.childsafetylink.ca (a) requiring the use of child seating and restraint systems in motor vehicles on highways and prescribing the specifications NORP 2006 Monitoring Report October 2007 37 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints thereof; Nova Scotia June 11, 1984 While a motor vehicle is being operated on a highway other than in reverse, the driver of the motor vehicle shall wear a seat belt if a seat belt is available to the driver. No person shall operate a motor vehicle on a highway unless every passenger in the motor vehicle who is under sixteen years of age is secured While a motor vehicle is being operated on a highway, every passenger in the motor vehicle who is sixteen years of age or older shall wear a seat belt if a seating position with a seat belt is available to that passenger. Every registered owner of a motor vehicle shall maintain all seat belts for the vehicle in good condition. No person shall modify a seat belt in any way which reduces its effectiveness or remove a seat belt except for maintenance or if the seating position has been removed. Prince Edward Island July 1987 While a vehicle is being operated on a highway other than in reverse, the driver of the motor vehicle shall wear a seat belt if available No person shall operate a vehicle on a highway unless every passenger who is under 16 is secured While a motor vehicle is being operated on a highway, every passenger 16 and older shall wear a seat belt if available Oct 18, 2004* *Changes to the existing child seat belt regulations were published in the Royal Gazette on Dec 9, 2005. The current regulations will be effective until Dec 31, 2006. The new regulations will be effective Jan 1, 2007. July, 1982 Bill 121 was amended to provide protection for children who are between 18 – 27 kg in ensuring they use a booster seat. The bill was passed but has not yet been proclaimed. 2006 Legislation No person shall operate a motor vehicle on a highway unless every passenger in the motor vehicle who is under sixteen years of age is secured (a) in the prescribed manner in a child restraint system, where the passenger is of an age, height or weight for which such a system is prescribed; or (b) where the passenger is not of an age, height or weight for which a child restraint system is prescribed, in a seat belt if a seating position with a seat belt is available to that passenger. Published in the Royal Gazette in 2005 and EFFECTIVE January 1, 2007: a) infants: children less than 1 year and those who weigh less than 10 kg. must be secured in a rearward facing seat. b) young children: children who are at least 1 year and weigh at least 10 kg. and less than 18 kg. may face forward. c) older children: Children who weigh more than 18 kg. must be in a booster seat if they are younger than 9 years and/or less than 145 cm. tall. www.gov.ns.ca/tran An infant (less than 9 kg) shall be secured in a rearward facing infant restraint system that conforms to CMVSS and which is used in accordance to manufactures instructions. www.gov.pe.ca www.childsafetylink.ca www.momdanddads.ca www.childsafetylink.ca A toddler (9 kg – 18 kg) shall be secured in a child restraint system that conforms to CMVSS and which is used in accordance to manufactures instructions. A pre-schooler (18 kg – 23 kg) shall be secured NORP 2006 Monitoring Report October 2007 38 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints by a pelvic restraint of a seat belt assembly or a booster seat system that conforms to CMVSS and which is used in accordance to manufactures instructions. Newfoundland and Labrador July 1, 1982 A person shall not operate a vehicle on a highway in which a seat belt assembly is required under the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported if the seat belt has been removed, rendered partially or wholly inoperative or modified to reduce it’s effectiveness July 1, 1982 A person shall not operate on a highway a vehicle in which there is a passenger who is under 5 years of age or whose weight does not exceed 18 kilograms, unless that passenger is occupying and properly secured in a child seating and restraint system as prescribed under the regulations. Info on regulations: "child seating restraint system" means a system that meets the requirements of the Motor Vehicle Safety Regulations under the Motor Safety Act ( Canada ); 2001 It is the driver’s responsibility to ensure that children from birth to 18 kg must be restrained according to ss.146(4) of the Motor Vehicles Act. A person who operates a vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner. A person who is a passenger of a vehicle in which a seat belt assembly is provided for the seating position occupied by the passenger shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner. Northwest Territories 2001 The driver of a motor vehicle shall, while the motor vehicle is being operated on a highway, wear a complete seat belt assembly in a properly adjusted and securely fastened manner. (s.146 of Motor Vehicles Act) A passenger in a motor vehicle shall wear a complete seat belt assembly in a properly adjusted and securely fastened manner. (s.146 of the Motor Vehicles Act) No person shall operate a motor vehicle on a highway if there is a passenger who is under 15 years of age, unless the passenger is wearing a complete seat belt assembly in a properly adjusted and secured manner or a prescribed NORP 2006 Monitoring Report October 2007 In accordance with our Seat Belt Assembly and Child Restraint System Regulations: Infants (persons weighing less than 9 kgs) must be secured in a rearward facing restraint system that meets the requirements of section 213.1 of Schedule IV of the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act (Canada). Toddlers (persons weighing 9 kgs or more but less than 18 kgs) must be secured in a child 39 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* child restraint system. (s.146 of Motor Vehicles Act) Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints restraint system that meets the requirements of section 213 of Schedule IV of the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act (Canada), if being transported in a vehicle that is owned, leased or regularly used by his or her parent or legal guardian. If being transported by a vehicle not owned / used by a parent or legal guardian, the toddler may be secured by a pelvic restraint mechanism of a seat belt assembly. Fine: $100 + $15 surcharge Demerits: 2 Restraint system rules do not apply to the operators of taxicabs, if the infant / toddlers are being transported for compensation. Fine: $200 + $30 surcharge Demerits: 2 Yukon July 1991 Driver and passengers must wear a seat belt while travelling in a motor vehicle. Seat belt is the seat belt assembly or restraint system for a seat which is specified for the vehicle by the Motor Vehicle Safety Act of Canada at the time the vehicle was manufactured, assembled or imported. July 1, 1991 Drivers must ensure that child passengers ( 6 years and under) in a motor vehicle are properly secured with a federally prescribed child restraint system Or a child weighing less than nine kilograms; or nine kilograms or more but less than 22 kilograms; Drivers are responsible to ensure that passengers up to the age of 15 years use a seat belt. is properly secured for the purposes of the Motor Vehicle Act if secured in the manner set out in the Motor Vehicle Safety Regulations. The registered owner of a vehicle is responsible for ensuring that all seat belts are in proper working order. Children under six years old who are heavier than 22 kg. should use a booster seat or cushion along with a properly adjusted seat belt. It is illegal to operate a motor vehicle if the seat belts have been removed or are not working properly or are modified to reduce effectiveness. Fine: $75.00 4 demerit points Children over six years old may wear the complete seat belt assembly. Fine: $75.00 4 demerit points NORP 2006 Monitoring Report October 2007 40 Appendix VI: Provincial/Territorial Motor Vehicle Occupant Restraint Legislation Jurisdiction Motor Vehicle Occupant Restraint Legislation Legislation Details Date* Child Restraint/Booster Seats (all stages) Legislation Legislative Details Date* Jurisdictional Web Links for Information on Motor Vehicle Occupants and Child Restraints Nunavut NORP 2006 Monitoring Report October 2007 41
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