Lying down in car puts you in legal hot seat

Q: I’ve heard that you can be ticketed for sleeping in the back of a motor vehicle. Is this true?

A: As it’s illegal to be unbelted in a vehicle, anyone who takes off their seatbelt and lies down on the back seats or in the rear cargo area of a vehicle to take a nap while it’s travelling on the roads, could be ticketed. In the case of young children, the driver is charged.

If you try to circumvent the law by wrapping the seatbelt around you while lying down, you could still be charged with wearing the seatbelt improperly.

If you’re in a motorhome/RV, it’s not an offence since there are no seatbelts provided in back at the kitchen table or beds. However, the driver and front seat passenger must wear their seatbelts when travelling on public roads.

The above information applies to a motorized motorhome/RV only. Persons may not occupy a towed mobile home while in transit.

Ontario Transportation Ministry spokesperson Bob Nichols adds:

To clarify, drivers are responsible for ensuring that passengers under the age of 16 are appropriately restrained, whether by seatbelt or in a child car seat or booster, depending on their age and weight.

In an RV, a seating position manufactured without a seatbelt may not be used unless all other seating positions equipped with a seatbelt are already occupied. Drivers and passengers should always wear their seatbelt, where provided.

Sgt. Tim Burrows of Toronto Police Traffic Services adds:

It should be noted that persons who are drunk and asleep in a parked vehicle, and in possession of the keys, could potentially be charged criminally with impaired care or control of a motor vehicle, and under the provincial Liquor Licence Act for liquor offences.

The above charges would not apply to a recreational vehicle that is lawfully parked overnight and being used as a residence, such as in a motorhome/RV that is parked in an RV parking lot, campground, private driveway, or other private property with the land owner or tenant’s permission. The side of the road or a fast food parking lot, for example, would not qualify.

Charges for any offence would be at police discretion based on the individual circumstances involved.

Q: Further to your column on May 22, I have a question on CB radios and the distracted driving law.

Our Miata car group goes on tours and trips in Ontario and beyond. We all have hardwired CB radios in our cars. Most of the time the passengers are using the radios to inform the others of road hazards and route changes, but occasionally the driver has to use the radio. Is this considered a violation?

A: Ontario Transportation Ministry spokesperson Bob Nichols replies:

Commercial drivers and federally-licensed amateur radio operators were given a three-year exemption for the hand-held use of two-way radios, including CB radios. Other drivers can only use these devices in hands-free mode – if the microphone is secured in the vehicle (in the holster or attached to the driver’s belt, for instance) – the driver can press and hold the button to talk and release it to listen, repeating as often as necessary to conduct a conversation.

To be clear, the hand-held use exemption until January 1, 2013 does not apply to everyone – just commercial drivers and licensed amateur radio operators.

Q: If you buy a used car or choose to lease one, do you still pay for freight? I can’t find any information about this.

A: James Hamilton, manager of mediation services for the Used Car Dealers Association of Ontario ( www.ucda.org), replies:

Freight is not a charge one usually sees on a used car lease or sale.

You can send your non-mechanical questions to Eric Lai at wheels@thestar.ca. Include year, make, model and kilometres of autos cited, plus your name, address and telephone number. Personal replies cannot be handled due to volume.

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