Q&A - Working Driver Side Window

Q&A ImageMy driver-side window seems to have went out-of-guide: it opens and closes with a bit of effort on the motor and help by hand; so it seems best to leave it closed for the moment. My "home" mechanic is on vacation until Aug 26th, and my vehicle is fairly touchy: the window is controlled by the on-board computer, it's calibrated electronically, the panels are a pita to take apart, if the battery is not disconnected by the "check-list" the SRS thinks its going out of whack and requires a computer reset, on top of it all my mechanic has already dealt with the passenger-side window a year back, so it's best for just this one guy to work on it. :)

So I am wondering if there an immediate/delayed/conditional obligation on the owner/driver to have the malfunction repaired?

- Are there any laws/statues/bylaws portraying to windows (driver-side window) to be in 100% working order?
- Does a window malfunction fall under a general "vehicle inspection" branch of regulations, so that it can be enforced in-case of a pull over?
- Is there a grace period to effect repairs?

My ideal solution is to wait until my mechanic is available (21 days),
but if this falls under immediate ticket-able offence / vehicle inspection order, I would rather drive my second vehicle for a bit.

Thanks for your time!

Comments

Answer

Here is what the law has to say about a vehicle that no longer meets the required standards of upkeep and repair:

Removal in case of collision or breakdown

2.02 Notwithstanding section 7.09,

(a) a vehicle on a highway that, as a result of collision, or otherwise, ceases to be properly equipped under the Act or these regulations shall be removed from the highway forthwith or taken on the highway to a garage or repair shop by a tow car or other vehicle capable of safely carrying out the movement, and

(b) a vehicle that is not properly equipped under the Act or these regulations may be moved on a highway, in order to take the vehicle to a garage or repair shop, by a tow car or other vehicle capable of safely carrying out the movement, and

in either case, if the person then in charge of the vehicle takes reasonable precaution for the safety of traffic on the highway, these regulations are, with respect to the equipment that is defective, suspended.

Standards of safety and repair

7.09 (1)  Subject to subsection (2), the standards of safety and repair set out in the Schedule to this Division shall be standards of safety and repair of motor vehicles and trailers for the purpose of the Act and these regulations.

(2)  The standards set out in the Schedule to this Division do not apply to

(a) a tractor licensed under section 8 of the Act,

(b) a motor vehicle licensed under section 9 of the Act,

(c) a special mobile vehicle,

(d) a trolley bus, or

(e) a vehicle licensed under section 44 of the Act or driven under permit issued under Division 14.

When Division 2.02 mentions Division 7.09 it is saying that even though some vehicles listed in 7.09 are exempt from standards, if they are no longer properly equipped, 2.02 still applies to them.

The schedule in Division 7 mentioned above do apply to your vehicle and say this about the driver's door window:

Left window riser

10 The left front window shall be capable of being readily opened and closed to facilitate manual signals.

The wording in the vehicle inspection manual is virtually identical, saying that the inspector must reject the vehicle if side windows:

a) cannot be opened or closed readily

So, strictly speaking, you must repair the problem immediately. Practically speaking, you may be granted a bit of leeway in a case like this. The operative word is "may" not "must" so if you do choose to drive if is possible that you may be subject to some enforcement action.

Thank You for an elaborate

Thank You for an elaborate answer. 
My window could "stretch" the definitions set in the law, but I'd rather it not get jammed if I get pulled over. I would likely end up with a vehicle inspection bill on top of the repair costs.

Here's an additional bit of trivia about that there window ...

... the vehicle would be rejected by a Driver Examiner. They wouldn't care about the other windows though, unless it was a commercial vehicle.

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