When preparing for a new baby, parents must consider which car seat to purchase. As any new parent knows, a lot of time and research goes into choosing the right car seat for the new bundle of joy. Car seats can also be pricey (especially with several children!).
Car seat use is legislated under the New Brunswick Motor Vehicle Act, specifically the Seat Belt Regulation (“Regulation”). The Regulation requires drivers to ensure that any passenger:
a) under 9 years old,
b) weighing less than 36 kg or 79 lbs, and
c) standing less than 145 cm tall,
is in a properly secured child seating and restraint system (their words, not ours).
All New Brunswick drivers must follow the above rule. However, drivers of vehicles from other jurisdictions with different rules do not need to follow the above. For example, a driver coming from the United States need not purchase a new child seat once they enter New Brunswick.
Car seats must always be used in accordance with the manufacturer’s instructions and specifications according to weight and height. Car seats must also meet the Canadian Motor Vehicle Safety Standards. Car seats sold in Canada will meet this standard, however car seats in the United States may not.
In New Brunswick, there is also a reduction of damages if a person, including a child, is not wearing a properly secured seat-belt[1]. This means that a child who is not properly wearing their seat-belt or in their car seat, could have their damages reduced by 25%.
The driver of the vehicle is responsible for ensuring their passengers are wearing their seat-belt properly, even if the driver is not the parent of the child. This is true, even if a parent is in the vehicle and does not insist on the child wearing a seat-belt[2]. If you are driving another person’s child, you need to insist they buckle up, no matter what the parents say.
There are Canadian groups that assist with car seat safety. The Child Passenger Safety Association of Canada is a national group made up of volunteers who promote child safety. A maritime group is Child Safety Link. These groups host car seat clinics to assist new parents and drivers install car seats. Ultimately, however, the vehicle’s driver is responsible for ensuring the car seat is properly installed.
Finally, if you are involved in a car accident, and your child’s car seat is in the vehicle, make sure it is replaced. Always replace your child’s car seat after a collision, no matter how minor. There may be damage to the car seat that you do not notice during a visual inspection. In New Brunswick, most automobile insurance policies cover “loss of or damage to the automobile, including its equipment” under Section C of the policy. Speak with your insurer or insurance broker regarding the details and keep any receipts.
Moss Hachey Law’s take-aways:
- If your child is under 9 years old, they may need to use a child seating and restraint system;
- Read and follow car seat manufacturers’ instructions;
- Drivers must ensure all passengers, including children, are wearing seat belts when driving, even if a child’s parent does not insist;
- Proper installation of a car seat is the responsibility of the driver; and
- Always replace a car seat after a collision, and your auto insurance will likely pay.
If you or your child has been involved in a car accident, you may be eligible for insurance benefits or other compensation. Contact Moss Hachey Law’s personal injury lawyers for a free consultation.
Please be aware that there are exceptions to rules summarized above. This blog entry contains information of a general nature only and should not be relied on for legal advice. The information is current only to the date of publication and may be subject to change.
[1] Galaske v. O’Donnell, 1994 CanLII 128 (SCC), [1994] 1 SCR 670
[2] Insurance Act, RSNB 1973, c I-12, s.265.2(1)
