Saskatchewan Judge Rules Seatbelt Can Sometimes be a Hazard
Monday, November 28th, 2011While it seems to make sense that seatbelts would make all drivers safe in a crash, a Saskatoon Court of Queen’s Bench judge recently ruled that buckling up may actually be more dangerous for transit bus drivers.
In an October 20 decision, Justice Grant Currie overturned Saskatoon bus driver Dean Christianson’s traffic court conviction for failing to wear his seatbelt. In his ruling, the judge said, “His experiences, and those of others that had come to his attention in the course of working in his industry, gave him reason to believe that his safety may be compromised by wearing a seatbelt.”
Christianson’s argument was based on his belief that, if his bus passengers assaulted him, being strapped into his seat would make him less able to defend himself. In his initial traffic court trial, Christianson cited violence against bus drivers as a “growing, nationwide epidemic.” He noted that he had been threatened by three people riding on the bus at the time he was pulled over.
“As someone who has been spit on, I discovered that you do not know who is going to grab your steering wheel while you’re driving or sucker punch you, or stab you, or spit on you. You have no idea who it’s coming from,” he said. “Some of the drivers have been sucker punched while they are driving and took repetitive blows while trying to get their seatbelt off so they can defend themselves.”
Under Saskatchewan’s Traffic Safety Act, a bus driver is not required to wear a seatbelt if they have reason to believe it may put them at risk of injury. While the Crown argued that the exemption applies only when there was a specific risk of injury, Justice Currie disagreed, and ruled that the regulation could also be applied to any driver who “may be continuously exposed to a compromise of his or her safety on a random basis.”
Since 2008, it is Saskatoon civic policy that all public employees wear a seat belt whenever they’re behind the wheel of a city vehicle, although the transit union is hoping this ruling will help change that policy. For the time being, until the policy is changed, however, the union will continue to instruct drivers to wear seatbelts while on the job. However, if the city disciplines a driver for not wearing a seatbelt, the union will take the matter to arbitration.














