Q&A - #2 Notice and Order After 30 Days

Q&A ImageMy tires were looked at by a police officer who was doing a valid license check, he said that one of them had very little tread and that it was a safety issue. He told me that I would have to get my tires changed and go to a proper facility to get it inspected such as canadian tire.

I have changed the tires, but I had to cancel the insurance because I could not get them changed within the 30 days limit and the car is not road safe. my question is, how can I get the car inspected and insured again?

do I tow it to inspection facility and if so what do I do after the inspection has passed?

Comments

Answer

The officer's power to make the order comes from the Motor Vehicle Act Regulations:

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.

Of course, failing to follow the conditions of the order are an offence. The penalty is a high one, currently $598. The officer can also issue a #1 Notice and Order, remove your vehicle by tow truck and require that you surrender the vehicle licence and number plates.

At this point, you will have to tow the vehicle to the facility for inspection as it is no longer legal to drive it there. ICBC will refuse any licence transactions until a pass has been issued. Once the vehicle has passed, the inspection facility will forward the documents to ICBC and once they receive them, you will be able to renew your vehicle licence and insurance and continue to drive the vehicle.

Vehicle inspection

I had a Similar thing happen and went I went renew they said I needed an inspection. So no big deal took it down for one not a worry in my head it wouldn’t pass. So all said and done he said my lift was to high it was installed at the dealership when I purchased it brand new. It’s a 6” lift. Everyone where I live has a lifted truck just to get around.any info on this would be greatly appreciated 

Dealers are Not Always Right

It's an interesting situation and one that I'm sure that we would all be curious to hear how it resolves.

I have seen programs in the past where the newly purchased vehicle makes a detour between the factory and the dealer for modifications that were not legal.

I have seen local businesses that will happily apply illegal modifications to your vehicle.

Unfortunately, that does mean it is possible that the dealership has done something that they should not have for you.

You do have legal recourse and may want to consider taking the vehicle back to the dealership and having them make the necessary corrections without charge if they are found to be out of compliance.

The inspection manual has this to say under leaf spring suspensions:

k) suspension lift / raised vehicle (height measurements must be recorded for headlights, front bumper, tire size and overall vehicle height)

Reject if: vehicle modification or components not safe for use on highway

l) lift blocks

Reject if: installed on front axle (other than OEM)

There is no guidance published about what would determine the modification to be unsafe.

You may ask for advice through your local vehicle inspector or CVSE Vehicle Inspections & Standards.

CVSE is telling me that “any”

CVSE is telling me that “any” lift over 3.8” will not pass an inspection 

CVSE

Sounds like CVSE should be encouraged to have a discussion with your dealer about the work they've been doing, if this isn't already on their agenda.

And, that your dealer should be obligated to bring your vehicle into legal compliance.

Wishing you luck with all this.

 

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