You are driving four teenagers home and one of them rides in a rear seat position that has no seatbelt fitted. Does that put demerit points on your record, or theirs?

Correct answer: A. Yours — the driver must ensure a passenger under 16 is in a seat that has a seatbelt

Yours. The 2-point list includes a driver "failing to ensure that a passenger under 16 years is sitting in a seat that has a seatbelt" — a separate entry from failing to ensure that a passenger under 16 is actually *wearing* one. Two duties, two ways to be convicted, and both land on the driver rather than the passenger. The same band covers failing to ensure an infant or child is in the right car seat or booster, and failing to ensure a passenger under 23 kilograms is properly secured. Under 16, the seatbelt is your responsibility, not theirs — which in practice means the number of people you can legally carry is the number of belted seating positions you have.

Source: MTO Driver's Handbook: Understanding demerit points — 2-point offences, passengers under 16