Court Process Explainers
Can a Passenger Be Ticketed Instead of the Driver?
Most Highway Traffic Act tickets go to the person behind the wheel — but a handful of offences are written around the passenger's own conduct, not the driver's.
Quick answer: Yes, in specific situations. Section 106(3) of the Highway Traffic Act requires a passenger 16 or older to wear their own seatbelt, and a passenger who doesn't can be ticketed directly, separate from the driver. Ontario's Liquor Licence and Control Act similarly allows a $100 fine for a passenger with open liquor, on top of the driver's own separate $175 fine for allowing it. These are exceptions to the general pattern where the driver is responsible for what happens in the vehicle.
Key Takeaways
- The general pattern is that the driver is responsible for most Highway Traffic Act violations in the vehicle.
- A passenger 16 or older who doesn't wear a seatbelt can be ticketed directly under section 106(3).
- A passenger with open liquor faces their own $100 fine under the Liquor Licence and Control Act, separate from the driver's $175 fine for allowing it.
- For a passenger under 16, responsibility for a seatbelt violation generally shifts to the driver instead.
The general pattern: the driver is on the hook
For most Highway Traffic Act offences, the driver is the one who's ticketed, even for conduct inside the vehicle that isn't strictly their own -- an unsecured load, a broken taillight, or an unregistered plate are all the driver's responsibility to answer for, regardless of who else is in the car.
The seatbelt exception
Seatbelt rules work differently. Section 106(3) of the Highway Traffic Act makes a passenger who is 16 years of age or older personally responsible for wearing their own seatbelt, which means that passenger -- not the driver -- can be the one ticketed if they're unbelted. This flips the usual pattern, since the obligation is tied to the passenger's own conduct rather than something the driver failed to prevent.
Younger passengers are different
For a passenger under 16, the seatbelt and child-restraint obligations are generally treated as the driver's responsibility rather than the young passenger's own, reflecting the fact that a young passenger typically isn't in a position to independently ensure their own restraint is used correctly.
The open-alcohol exception
Open liquor in a vehicle is another area where a passenger can face their own separate ticket. Under Ontario's Liquor Licence and Control Act, a passenger with open liquor readily available can be fined $100 directly, while the driver faces a separate $175 fine simply for allowing the open liquor to be in the vehicle in the first place -- two distinct fines stemming from the same incident, aimed at two different people's conduct.
Frequently Asked Questions
Can a passenger get a ticket instead of the driver?
In most cases no, the driver is responsible. But a passenger 16 or older can be ticketed directly for not wearing a seatbelt, and a passenger with open liquor faces their own separate fine.
Who's responsible if a child passenger isn't buckled in?
Generally the driver, for a passenger under 16 -- the responsibility shifts to the passenger themselves only once they're 16 or older.
Can both the driver and passenger be fined over open alcohol in the same stop?
Yes. The driver's $175 fine for allowing open liquor and the passenger's own $100 fine for having it are separate charges arising from the same incident.
Sources
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