Question: What kind of qualifications do police officers have for doing mechanical inspections on vehicles? I have a 2010 GMC Sierra that I keep in excellent shape in all respects but I got a defective vehicle ticket and a safety inspection order after being stopped.
The officer did not write his name on the ticket and did not specify any defects on it. How can I prepare a defence without notice of the law?
Officer Training
Do officers have to be DOT trained in order to give tickets under 219 (1) ?
Also said officer allowed me to drive my vehicle back to my town 4h for a "prompt" inspection. If I allegedly violated MVA 219 (1) I believe I should've have been allowed to travel if true, suggesting he is unsure of his allegations.
When I questioned him on the exact offences I was being charged with he was very unsure of himself and said that is why I am having mechanical inspections done by a trained authorized inspector.
Fog Light Wiring
Now during the oral conversation with the officer I had under distress for multiple reasons, the officer said he was "unsure of my marker lights" and the fog light wiring. My fog lights are wired according to section MVAR 4.11 about fog lights. The officer was under the belief that a fog light couldn't stay on with high beams. There is no such regulation that I could find.
Broken Windshield
Also he said my windshield needed replacement, not saying exactly why. I had acquired a rock chip on Friday night, the day before my ticket. I believe It did not effect my visibility and yet was going to replace my windshield promptly anyways because I like my truck in excellent shape. I believe I should have been given a fair treatment to get my windshield fixed.
Too Expensive to Fight the Ticket
I would not have driven my vehicle if I thought it would be unsafe in any respect. I believe I was ticketed due to the fact I was from 4h away and I was vocal about my understanding of the law he alleged I violated. He knew it would cost me more in gas approx. $150 and a day off work to fight said ticket. Vehicle had went thru the same roadblock as I that obviously would not pass an inspection.
Licence Plate Covers
Also he said he didn't like my clear license plate cover. Which is designed to protect my limited edition plates. It is Not tinted, was clean, and not designed to beat and photo tickets of make the plate harder to read. I believe you must prove that a specific cover does violate the law, not just said "it could" therefore it does. Almost every vehicle "could" speed, that doesn't mean you are guilty.
Proof Beyond a Reasonable Doubt
What happened to proof beyond a reasonable doubt? They must prove a foreign material of a specific plate cover doesn't allow the numbers and letters on it to be plainly visible at all times...etc. that's the law. It must be proven not to meet the requirement to be a violation. Also vehicles sold in BC must be legal according to our laws. Yet dealerships sell vehicles with plate covers with dealership info regularly.
Where does the law stop? Heavy rain or snow or fog can obscure a plate thru the air. So we can't drive unless conditions allow the plate to be seen?
BC government needs equality of the law and how its implemented. Along with clear and decisive definitions. Either way I was not charged with MVAR 3.03 so that doesn't apply to this situation.
Finding Case Law
My main issue is how can I defend myself without proper notice of the law? My only concrete evidence is my vehicle passed a full vehicle safety inspection without a single issue. That said how can I look up case law for traffic violations to defend myself? I have tried and it thus far has proved to be impossible for a everyday civilian to find these needed resources.
I believe laws should be amended accordingly to case law so everyday citizens can easily abide to them. The windshields chip was in the centre so not directly in my vision. It was a brand new chip that my vehicle had just received the day before as well. I was going to replace the windshield anyways. So when I went to book the inspection and windshield in.
The windshield place fit me in within a week and inspector wasn't available until the following Monday. So the only thing done was the windshield replacement, no other repairs. It passed without any other repairs or corrections.
The Officer Didn't Know What He was Talking About
That said, the cop sited multiple things that were incorrect, like "checking the wiring" on a off road lamp that was covered properly. stating a "off road only lamp that's covered needs to be wired into the high beams." I caught him stating 3-4 "laws" that were evidently false.
I believe he was on a power trip and didn't like it when I corrected him about the laws, and he figured I wouldn't fight the ticket because it would cost me far more in gas to fight the ticket than the ticket is worth.
My Vehicle is in Excellent Condition
My vehicle has now passed a full safety inspection, like I knew it would. I have a background in mechanical inspections and have worked along side CVSE authorized inspectors. I keep my vehicle in excellent condition.
There are a few questions and a number of statements here that have been dealt with on the site already, some more than once. As I mention in my guidelines for questions, you may be invited to use search to relieve me of repetitious answers.
1) If there is no defect specified on the Violation Ticket, only saying improperly equipped vehicle or something of that nature, it is defective. The ticket is required to give you sufficient information to know what you are charged with. Here are my thoughts on how to deal with a traffic ticket.
Training for Mechanical Inspections
2) No, officers do not have to have specific training to write tickets for vehicle defects or do mechanical inspections. They do need the experience to know when something is a defect and whether there is something in the MVA or MVAR that makes it improper to operate a vehicle with that defect.
Some officers do have special training to conduct mechanical inspections under the Commercial Vehicle Safety Alliance guidelines.
3) Proof beyond a reasonable doubt is still required in traffic court.
4) It appears from this that you passed inspection after replacing your windshield, which suggests to me that there was a defect present when the officer examined your vehicle.
5) Case law searches can be done on this site and the provincial court sites. You can also attend a courthouse library and request assistance from the librarian.
6) According to the MVAR, when a vehicle ceases to be properly equipped, you are required to repair it immediately or remove it from the road. Practically, the police will not apply that to minor defects but anything dangerous can be expected to provoke a response up to and including calling a tow truck to take you home.
7) The Vehicle Lighting Inspection Protocol is a plainly worded guide to the Superintendent's Standards for the Approval of a Motor Vehicle. These standards are in addition to those set out in the MVAR and are used to guide mechanical inspections at Designated Inspection Facilities.
It says that if fog lights are on with the high beam headlights the vehicle fails.
Finally, there are a number of articles already on the site dealing with having an inspection order rescinded and making complaints about an officer's actions.
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