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Thread: Seatbelts

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    Seatbelts

    Is it legal to replace a factoy seatbelt with an after market 3,4 or 5 point harness? Could you replace a factory seat belt with an aftermarket 3 point harness if using same mounting locations.
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    I actually did a little research on this as it had been asked before JK101. The answer I was given, was that you can ADD aftermarket safety belts, harnesses, etc., but for the provisions of Sec. 106(1) of the Highway Traffic Act, you must retain the original seat belts that came with the vehicle from the manufacturer.

    I realize that aftermarket harnesses may be safer, stronger, better, but unless they were inspected by Transport Canada under the auspices of the Motor Vehicle Safety Act and approved for the vehicle, they do not meet the requirements.

    Good question!
    Opinions expressed are those of the author, accuracy of information posted cannot be guaranteed. These opinions in no way represent the OPP, any other Police Department or Police Officer.

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    Quote Originally Posted by ON OFFroad View Post
    you can ADD aftermarket safety belts, harnesses, etc., but for the provisions of Sec. 106(1) of the Highway Traffic Act, you must retain the original seat belts that came with the vehicle from the manufacturer.
    Pretty sure I know the answer but just to clarify, does that mean it's ok to drive on a public highway wearing only a properly installed 5point harness as long as the vehicle still retains it's original OEM installed seatbelts or must you be wearing the OEM seatbelt when driving?
    You never truly know your limits until you exceed them....

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    Quote Originally Posted by LugNutz View Post
    Pretty sure I know the answer but just to clarify, does that mean it's ok to drive on a public highway wearing only a properly installed 5point harness as long as the vehicle still retains it's original OEM installed seatbelts or must you be wearing the OEM seatbelt when driving?
    Sorry, I should have explained that better..... the factory belts must be retained and used to comply with Sec. 106 of the Highway Traffic Act.

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    Quote Originally Posted by ON OFFroad View Post
    Sorry, I should have explained that better..... the factory belts must be retained and used to comply with Sec. 106 of the Highway Traffic Act.
    In conjunction with this is there a discretionary call or rule that would allow more modern belts to be used on an older vehicle? Say by chance the car in question came with only lap belts, would it therefore be illegal to use a harness or standard upgraded 3 point (legally speaking under Section 106) and as an officer yourself is this a technicality you would usually issue a ticket for or would common sense overrule the rulebook?

    And thank you very much for taking the time to answer our questions. Very much appreciated.
    Last edited by NINE-T-1-RENEGADE; 06-01-2012 at 04:38 PM.

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    Quote Originally Posted by NINE-T-1-RENEGADE View Post
    In conjunction with this is there a discretionary call or rule that would allow more modern belts to be used on an older vehicle? Say by chance the car in question came with only lap belts, would it therefore be illegal to use a harness or standard upgraded 3 point (legally speaking under Section 106) and as an officer yourself is this a technicality you would usually issue a ticket for or would common sense overrule the rulebook?
    Excellent question, I too am interested in the answer seeing as the wife's 75 CJ is lap belt only...
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    Quote Originally Posted by igotafrigginjeep View Post
    Excellent question, I too am interested in the answer seeing as the wife's 75 CJ is lap belt only...
    Ditto x2

    I want to replace rear lap belts with newer YJ/TJ 3-points for the kids.
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    I just confirmed this with my colleague, and the same applies as above. The 3/4/5 point can be added, and even used in addition to - the original lap belt.

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    Taken literally, does this mean that the original belts can not be replaced if they are worn or damaged?


    But the question I came to this thread to ask was about dates for seatbelt requirements. I know there is a date-of-manufacture after which lap belts are required and a later one for 3-point belts, but I have not been able to find the specific dates.

    Also, is seat belt use required if seat belts are installed, or only if they have to be installed? Everyone seems to assume that if belts are there, they have to be used, whether the vehicle has to have them or not, but that's another point where I haven't been able to find the official version.

    Also, on the 5-point belts, I've heard a rumor that some officers consider them to be "racing equipment" and will do everything in their power to make life miserable for you. And do insurance companies feel the same way about them?

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    Quote Originally Posted by uglydukwling View Post
    Taken literally, does this mean that the original belts can not be replaced if they are worn or damaged?
    If they are worn or damaged, they should be replaced with OEM belts.



    Quote Originally Posted by uglydukwling View Post
    But the question I came to this thread to ask was about dates for seatbelt requirements. I know there is a date-of-manufacture after which lap belts are required and a later one for 3-point belts, but I have not been able to find the specific dates.
    Taken from Regulation 613 pursuant to the Highway Traffic Act:


    R.R.O. 1990, REGULATION 613

    SEAT BELT ASSEMBLIES

    9. Where a motor vehicle that was manufactured in or imported into Canada prior to the 1st day of January, 1974 is driven on a highway,

    (a) the driver and passengers are exempt from the requirement to wear the torso restraint component of a seat belt assembly; and

    (b) the driver is exempt from the provisions of subsection 106 (4) of the Act with respect to the requirement that a passenger wear the torso restraint component of a seat belt assembly. R.R.O. 1990, Reg. 613, s.9; O. Reg. 522/06, s. 9.

    10. Where a motor vehicle manufactured without seat belt assemblies for each seating position and not modified so that there is a seat belt assembly for each seating position is driven on a highway,

    (a) the driver is exempt from the requirement of subsection 106 (2) of the Act to wear a seat belt assembly if there is no seat belt assembly at the driver’s seating position;

    (b) a passenger is exempt from the requirement of subsection 106 (3) of the Act to wear a seat belt assembly if the passenger occupies a position without a seat belt assembly and there is no other available seating position with a seat belt assembly; and

    (c) the driver is exempt from clause 106 (4) (a) of the Act with respect to any passenger described in clause (b). O. Reg. 522/06, s. 10.



    Quote Originally Posted by uglydukwling View Post
    Also, is seat belt use required if seat belts are installed, or only if they have to be installed? Everyone seems to assume that if belts are there, they have to be used, whether the vehicle has to have them or not, but that's another point where I haven't been able to find the official version.
    See Regulation 613 above



    Quote Originally Posted by uglydukwling View Post
    Also, on the 5-point belts, I've heard a rumor that some officers consider them to be "racing equipment" and will do everything in their power to make life miserable for you. And do insurance companies feel the same way about them?
    There is no way I can comment on what other Officers may or may not do, as for the insurance companies, you might be best to speak with your broker to see their opinion.


    I should also note, that the requirements for children's seats still remain the same......


    I hope this helps!
    Last edited by ON OFFroad; 07-15-2012 at 02:56 PM.

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    now what if i wanted to install 5pt harnesses in my 49 willys that didn't come with any seatbelts?
    can i be ticketed for wearing the harness, or should i just go sans seatbelts period?
    proud OF4WD member #3875

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    Quote Originally Posted by caged View Post
    now what if i wanted to install 5pt harnesses in my 49 willys that didn't come with any seatbelts?
    can i be ticketed for wearing the harness, or should i just go sans seatbelts period?
    If it was not manufactured with any seatbelts and you put in 5 pointers, I don't think there will be any issue with wearing them, as technically you wouldn't have to wear anything, but it would appear that once you install them, they must be worn. At least that's the way I interpret it.....

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    great, thanks

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    Quote Originally Posted by caged View Post
    great, thanks
    No worries...... Cheers!

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    OK, so now I have the date for shoulder belts, but the regulation you quote still doesn't have one for lap belts. I've looked for one and I can't find it. My MPP's office couldn't find one either. What was the date after which manufacturers were required to install lap belts? The regulation appears to say that if the manufacturer (or dealer or previous owner) installed belts before they were required, they still have to be in place. Sometimes in a restoration project, it's difficult to tell whether the vehicle ever had belts and if it did, oem belts are not likely to exist. I know, I know, I should be as safe as possible and install belts in everything, but in some older vehicles that just isn't feasible. I've been trying to find the date of manufacture after which I have to install them, but all I've been able to come up with is the same regulation you quoted. If the date isn't in the regulatiion, does that mean it's lost forever? Maybe Transport Canada is the agency that has the information, but I don't know who to ask there either.

    Are there different regulations for different classes of vehicles? For example, my motorhome is a '78 and there's no sign that it ever had shoulder belts. It has 6 lap belts, but in some of the seating positions, there really isn't any place to attach a shoulder belt.

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    It's pretty clear to me in reading the Regulation, that if it was manufactured without belts, then you don't need to have them in there (see Sec. 10 above). I don't have any knowledge of what vehicle you are restoring, so it is pretty difficult for me to help you out there. Perhaps you can start a thread about what vehicle it is that you are restoring, and someone might know if belts were originally installed.

    Regarding your motorhome, if you look at post number 2 in this thread, it may answer your question....
    Last edited by ON OFFroad; 07-17-2012 at 10:10 AM.

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    Quote Originally Posted by ON OFFroad View Post
    ....it would appear that once you install them, they must be worn.....
    My question is this,
    I retained the OEM 3 point harness.
    In addition too, I have also added a 5 point harness system.
    This gives me options of using one for the road and one for... well, interesting circumstances.
    If I have both types installed, must I wear both at the same time while operating a vehicle on the road?
    Or will the 3 point OEM version suffice?
    And, when I am experiencing a "interesting circumstance" off road, am I ok not using the 3 point OEM system?
    Last edited by v1nc3; 02-06-2014 at 07:15 PM.

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