Model
of Legislative Provisions for Motor Vehicle Occupants
In accordance with the National Occupant Restraint Program (NORP)
2010 Strategy to increase seat belt and child restraint use
in Canada, the following model of legislative provisions has
been established by the NORP Task Force to serve as a guide
for jurisdictions in implementing provisions for optimum passenger
protection.
The underlying
rationale for these provisions is that everyone being transported
in a motor vehicle is restrained according to their size and
development in a vehicle restraint system or child passenger
restraint system. All recommended provisions apply the rationale
that the driver assumes full responsibility for everyone in
the vehicle under the age of sixteen, and ensures they are correctly
restrained; and that children 37 kg and/or aged 8 and under are too
small for vehicle seat belts as they are currently designed,
and require child passenger restraint systems according to their
size and development, and that passengers over the age of sixteen
assume that responsibility for themselves, with appropriate
sanctions for non-compliance.
The NORP
Task Force recognizes the technology of occupant restraint and
airbag systems are evolving and there may be advances that indicate
the need for changes to the provisions listed here. It is further
noted that children's restraint system manufacturers occasionally
change the weight, height, and design parameters of their products
and product use instructions, consequently references to specific
products or size ranges for products have been omitted from
these provisions.
Recommended
Provisions:
1. No
person shall operate or permit the operation of, a motor vehicle
unless the driver and all passengers are properly restrained,
in restraining devices of a kind prescribed in the regulations
and the devices are properly secured to the motor vehicle.
2. The
driver is responsible for ensuring that all passengers under
the age of sixteen are restrained according to their size
or development, either in a vehicle seat belt or child passenger
restraint system that meets CMVSS standards and shall be called
a child car seat or booster seat.
3. No
person shall operate or permit the operation of a motor vehicle
unless all passengers classified as infants or under one year
of age are carried in rear-facing child seats.
4. No
person shall operate or permit the operation of a motor vehicle
while a rear-facing child restraining system is installed
in the front seat and when the vehicle is equipped with an
active air bag on the front passenger side.
5. No
person shall operate or permit the operation of a motor vehicle
unless passengers who are 37 kg (80 lbs.) and/or aged 8 and
under are properly restrained in a device, as defined by regulations,
appropriate for their size and according to manufacturer's
instructions.
6. No
person shall operate or permit the operation of a motor vehicle
unless passengers aged 12 and under are lap/shoulder properly
restrained in the rear seat, unless all such available positions
in the rear seat are in use by other passengers 12 and under.
7. The
use of aftermarket add-on devices for seat belts or children's
restraint systems for which standards have not been established
by Transport Canada is prohibited.
8. Any
person who violates any of the above provisions shall be assessed
a monetary fine and driver's licence demerit points.
9. The
jurisdiction shall engage in: (i) public education and awareness
activities to inform the public about proper occupant passenger
protection, and (ii) enforcement campaigns to demonstrate
strong commitment to vehicle occupant safety.
10. Exemptions
should only be allowed where market availability of restraint
systems do not match
the anthropomorphic data at the 95 percentile or vehicle seat
belt/seat height configuration is not
compatible with commonly available products.
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