Traffic Act Law Proposals

Existing Law Proposed New Law *Changes highlighted in red

Section 43C.-

(1) Every driver of a motor vehicle which conveys a child shall cause such child to wear or be conveyed in an appropriate child restraint system.

(2) A driver who contravenes subsection (1) commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding five thousand dollars.

Section 43C.-

(1) No person shall drive on a highway or roadway in a motor vehicle in which there is a passenger as defined in subsections 1A - 1C, unless that passenger is secured by a child seating system or child restraint system, and is so secured. 

(1A) This Act requires children to use a rear-facing car seat until the child weighs at least 9 kg (20 lb.). When a child outgrows the maximum weight or height limits of an infant rear-facing car seat, they may move to a larger convertible infant/child car seat and stay rear-facing until the child is ready to face forward.

(1B) This Act allows children weighing 9 kg to 18 kg (20 to 40 lb.) to use a forward-facing child car seat or a rear-facing car seat as long as the car seat manufacturer recommends its use.

(1C) This Act requires children weighing 18 kg to 36 kg (40 to 80 lb.), standing less than 145 cm (4 ft. 9 in.) tall and who are under the age of 8 to use a booster seat or allows the continued use of a forward-facing seat as long as the car seat manufacturer recommends its use.

(1D) This Act allows a child to use a seatbelt alone when any one of the following occurs:

  • Child turns 8 years old, or
  • Child weighs 36 kg (80 lb.), or
  • Child is 145 cm (4 ft. 9 in.) tall or more

(2) A driver who contravenes subsection (1) commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars.