Ordered to Inspection When I Have a Valid Inspection Already

I have just received a vehicle inspection, for apperently noisey exhausts on my motorcycle...I have a current govt, inspection document, which states my bike confirms with the standards.. Also the officer, stated he did not like that facility, and wrote on my inspection notice, I had to get my bike inspected at only two, inspection facilities.....I feel I am being deprived of my right to deal with the legal inspection facility of my choice.....The officer also did not check off any possible infraction on the notice..Do I have to deal only with one of the two facilities he has written on the ticket....

Inspections

This is the section of the Motor Vehicle Act that applies to this situation:

Equipment of motor vehicles

219 (1) A person must not drive or operate a motor vehicle or trailer on a highway or rent a motor vehicle or trailer unless it is equipped in all respects in compliance with this Act and the regulations.

(2) A peace officer

(a) may require a person who carries on the business of renting vehicles or who is the owner or person in charge of a vehicle

(i) to allow the peace officer to inspect a vehicle offered by the person for rental or owned by or in charge of the person, or

(ii) to move a vehicle described in subparagraph (i) to a place designated by the peace officer and to allow the vehicle to be inspected there by the peace officer, or, at the expense of the person required, to present the vehicle for inspection by a person authorized under section 217, and

(b) must remove any inspection certificate of approval affixed to the vehicle if, in the opinion of the peace officer or a person authorized under section 217, the vehicle is unsafe for use on a highway.

(3) An owner of a motor vehicle or trailer must not permit it to be driven or operated on a highway unless it is equipped in all respects in compliance with this Act and the regulations.

(4) In subsection (3), "owner" means (a) the owner, or (b) in the case of a vehicle that is leased for a term of 30 days or more, the person who leases the vehicle.

In addition, the Motor Vehicle Act Regulations apply as well:

Powers of peace officer

25.30 (1) If a peace officer has reasonable and probable grounds to believe that a vehicle is, by reason of mechanical, structural or other defect, unsafe for use on a highway, whether or not the vehicle meets the standards prescribed under the Act, he or she may order the owner or operator of the vehicle, either immediately or within such time as is specified in the order, to do one or both of the following:

(a) remove it from the highway and keep it so removed until either

(i) repairs as may be set out in the order of the peace officer have been implemented, or

(ii) the peace officer revokes the order;

(b) surrender the vehicle licence or number plates, or both, for that vehicle to the corporation or to the peace officer.

(2) If a peace officer has reasonable and probable grounds to believe that a motor vehicle is not operating under the provisions of an overload permit issued under the Commercial Transport Act and is unsafe for use on a highway because

(a) the motor vehicle is loaded in such manner that the gross weight carried by any of its axles exceeds the gross vehicle weight rating for that axle specified by the vehicle manufacturer, or

(b) the gross weight of the motor vehicle exceeds the gross vehicle weight rating for that vehicle specified by the vehicle manufacturer, the peace officer may order the owner or operator of the vehicle to do one or both of the following things immediately, or within the time specified in the order:

(c) remove it from the highway until it meets the specifications of the manufacturer referred to in paragraphs (a) and (b); (d) surrender the vehicle licence or number plates, or both, for that vehicle to the corporation or to the peace officer.

(3) Subsection (2) applies only to motor vehicles (a) manufactured before January 1, 2001, and (b) having a gross vehicle weight rating of 5 500 kg or less.

(4) An owner or operator must comply with an order made under subsection (1) or (2).

(5) An order under subsection (1) or (2) may require the owner or operator to notify the peace officer before the vehicle is operated on the highway that the repairs under subsection (1) have been carried out or the specifications under subsection (2) (c) have been met.

I've met vehicles that have valid inspection documents that were clearly not in compliance. Some vehicle owners will receive an inspection order, equip their vehicle properly, pass inspection and then put the vehicle into non-compliance again, sometimes repeatedly. I've also seen vehicles passed by facilities when they were not properly equipped when taken to that facility. So, in some cases, valid documents or decals mean nothing.

As you can see in 219(2)(a)(ii) the officer can designate a specific place for inspection.

The check boxes on the Notice and Order where items and descriptions may be recorded are to be used when box 3 is checked. There is no need to check any of them when a box 1 or box 2 order is issued because the inspection facility will identify the defects.

The penalty for failing to comply under section 219(1) is $109 and an entry on the driver's driving record. The Motor Vehicle Act Regulation offence is much more severe, $598, and that is often combined with seizure of the vehicle's number plates, vehicle licence document and a tow.

Submitted by E-Mail

I am taking my bike to a designated inspection, facility, that I deal with to have new brakes, and rear tire, work done, and if I get a new inspection, from them, a reputable and strickly bike facility, will I be in compliance with the notice, given to me...Both of those facilities, instructed by the officer, are not total motorcycle, repair facilities.

Sorry, No.

The only answer that I can give is that if you don't go to the facilities shown on the Notice and Order you have not complied with it, and regardless of the fact that the facility that you choose may pass it, you could still be charged.

Google Ads