Notice & Order #3
Police often issue a legal document called a Notice & Order with box three checked to deal with minor vehicle defects. It requires that the person responsible make the repair as soon as possible and then report to a specific location within a set number of days to show that the repairs have been made. It sounds simple enough but it is surprising how many misconceptions there are about this.
The most common misconception is that the vehicle may be operated with the identified defects until the number of days specified in the order have been reached. This is not so. Repairs are required to be made promptly and there is no provision in the law to continue to operate the vehicle unless the operation is to immediately remove the vehicle from the highway.
Another misconception is that when a Notice & Order has been issued that a ticket cannot be written for the defect if the number of days stated on it has not been reached. This is also not true. If you choose to continue to operate the defective vehicle another officer may choose to ticket you for doing so. The fact that a Notice & Order has been issued is not a defense to the ticket in court.
A large number of drivers ignore the reporting provisions, operating under the misconception that nothing will happen to them if they fail to report. Printed directly below the instructions for box 3 is the following advice:
Promptly repair or remedy the defect(s) or omission(s) noted below and present this Notice within ____ days to:
This is an Order issued by a Peace Officer under the Motor Vehicle Act Regulations that must be complied with.
This advice applies to all orders, Box 1, 2 or 3.
Less than 10% of notices were ever returned as required in my experience. This creates a dilemma for the officer. If there is little hope of compliance, perhaps a ticket should be issued instead or the order upgraded to a Box 2.
Returning the notice to the location specified encourages officers to continue to use this method to deal with defects.
All offences for failing to comply with a Notice & Order carry the same penalty, which is a violation ticket with a ticketed amount of $598. A box outlined in red on the back of the copy issued to the driver warns of this fact.
The officer could choose to issue a ticket for the original defects in addition to the charge for failing to comply.
If you are issued a Notice & Order for any reason, please, read it carefully and follow the instructions completely.
- Equipment of Motor Vehicles - Sec. 219(1) MVA
box number 3
was givin ticket the other day have to have headlights looked at hids inspector not sure if they were approved sae or not also have to install fender flares .Have 6in lift on my truck he was very impressed with the lift that was installed but sadly i will have to park her as i wait for fender flares What happens when i go past 14 days im not driving it at the moment got second veh thk god lol
I would contact the officer that issued the notice and order and tell them that you have decided to take the vehicle off the road and ask if this action is satisfactory to them. If they agree it is, you will not have to fulfill the duty to bring the vehicle in to show that the defects have been remedied.
Box 3 issue - How do I get the vehicle to police to inspect?
I was given a notice and order for my vehicle because I needed fender flares as the tires were an inch away from the body on my truck. Since then and well within the time limitation of the notice I took the truck off the road and within the time limitation the trucks insurance expired. A year has passed as I needed more time to return the truck into inspectable condition and I have not insured or driven the truck since the order.
My question is:
How do I get an officer to inspect the vehicle to eliminate the order if I cant drive the vehicle since its lapsed the 30 days. Do I have to tow the truck to a police station? Can insurance be issued to my truck so after the inspection I can drive off? All I know is I cant drive the truck but I need it to be inspected.
There is no connection between a box 3 that is unfulfilled and ICBC refusing to insure. That only happens with box 1 and 2 Notice & Orders. You can relicence and reinsure any time you have the funds to do so. At that point I would drop by the indicated reporting place and complete the requirements.
Most often the box 3 order is issued instead of a ticket for the defect, although sometimes both are issued at the same time. About the biggest risk you face for disobeying the box 3 is to have the officer return and issue a ticket for the original defect after the reporting period has expired. However, you do risk the significant fine for failing to obey the order when it requires you to report.
Speaking in general, if I issued a box 3 and then found the vehicle continued to be operated without repair, I would issue a box 2 the next time I found it.
If I issued a box 3 for a particular item and they were never returned, I would sometimes automatically write a ticket instead. Window tinting film was an example of this. So, returning the order does not only help you, it encourages officers to continue to issue them instead of box 2 or tickets and benefits others.
Back in the days of ROADS (computer based file system now replaced by PRIME) I would do what was known as a Street Check report on a vehicle that was borderline. This way other officers would know that the box 3 had been issued and they could choose to escalate enforcement in the event of non-compliance.
I also used to try and make it as easy as possible to report. I would give the driver my business card and tell them that instead of attending, they were welcome to fax a copy of the completed work order if they used a business to make the repairs.
My final thought is to contact the reporting place, advise that the repairs have been completed but the vehicle is off the road so you cannot report with it. See what they have to say.
Having said all of that, I note that your comment title is Box 3 Issue, but the information in the comment makes me suspicious that you are actually talking about a Box 2. Would that be the case?
Thank you for the reply. Very informative. I'm sure others have had the same question in their head.
No definitely a box 3 by a IRSU.
I was lucky enough to receive a box 3 with a 30 day window but I just didn't have the time to complete the repairs in the allotted time frame as I needed to order the flares online etc.