R v McIntyre

Her Majesty The Queen v. John McIntyre

Ontario Court (Provincial Division) — Appeal Application
Ontario Court (Provincial Division) — Judge H. Salem | October 16, 1998

Background

John McIntyre, a taxi driver, was charged with failing to wear/adjust/secure a seatbelt under the Highway Traffic Act. The key issue was that McIntyre was driving his taxi without any passenger at the time — just driving around looking for fares. He argued that taxi drivers are exempt from seatbelt requirements under regulation 613(7)(2), regardless of whether they have passengers. The justice of the peace at trial convicted him, but McIntyre appealed, citing three previous cases where judges ruled in favor of taxi drivers in similar circumstances.

McIntyre came to court with transcripts from three higher court rulings: Judge Clemens (1984), J.P. Kant (1994), and Judge Graham (1995). In each case, the Crown had argued that the exemption only applied when the taxi had passengers, but all three courts ruled in favor of the cab drivers.

Issues

1. Does the taxi driver seatbelt exemption under regulation 613(7)(2) apply only when transporting passengers, or at all times while operating a taxi?
2. Is there a logical inconsistency in requiring taxi drivers to wear seatbelts they're legally allowed to remove from their vehicles?

The Taxi Driver Exemption

The court had to interpret two different sections: regulation 613(7)(2) and section 3. The Crown argued that section 3 specifically mentions "while transporting for hire a passenger," so the exemption should only apply with passengers. But McIntyre pointed to regulation 613(7)(2), which states that taxi-cabs are exempt from the requirement that upper torso restraints in the driver's seating position not be removed or rendered inoperative.

Judge Salem found the Crown's position logically inconsistent. As he put it: "it makes absolutely no sense to me that if a cabbie walks out to his car before he gets in it and cuts the shoulder strap off, or makes it unusable in some way, that person is fine, and yet the person who doesn't use that part of the seatbelt" would be convicted. The regulation allows taxi drivers to completely remove or disable the upper torso restraint — so how can they be required to wear something they're legally permitted not to have?

Key Takeaway

Taxi drivers are exempt from wearing upper torso seatbelt restraints at all times while operating their taxi, not just when carrying passengers.

If you're facing a seatbelt charge as a taxi driver, regulation 613(7)(2) provides a complete exemption for the upper torso restraint, regardless of whether you have passengers. The court found it would be absurd to convict someone for not wearing safety equipment they're legally allowed to remove entirely.