[Traum]

My second concern revolves around the VPD's execution of the MVA regarding vehicle ride height. In the MVA, there are only 3 sections that directly or indirectly discuss vehicle ride height. They are:

1) "Division 7 - Other Equipment" under "Schedule – Standards for the Approval of a Motor Vehicle" in Section 7.091 regarding clearance height.

2) "Division 4 - Lamps" under Section 4.05(2) regarding headlamps (and their mounted heights).

3) "Division 25 – Vehicle Inspection and Maintenance" under Section 25.20(b) regarding changes in suspension height, which further relates to Section 25.21 (Limitation on operation) and 25.22 (Duties of authorized persons).

For #1, the MVA says:

A motor vehicle with a gross vehicle weight rating of less than 4 500 kg must have a minimum clearance for all parts of it, other than the wheels in contact with the level roadway, that is no lower than the lowest point on the rim of any wheel in contact with the roadway.

For #2, the MVA says:

The headlamps must be mounted at a height of not less than 56 cm and not more than 1.37m.

For #3, the MVA says:

25.20(b)
[This Part applies to a vehicle that was] altered by changes to its suspension height by more than 10 cm from the original basic specification of the vehicle manufacturer,

25.21
A person must not drive, operate or park a vehicle on a highway until it has been presented to a designated inspection facility and an approved certificate of mechanical condition in a form set by the director has been issued in respect of the vehicle by an authorized person.

25.22(1) An authorized person must not issue a certificate under section 25.21 unless he or she is satisfied, and certifies on the certificate, that the vehicle complies with the Act and its regulations and is safe for use on the highway.

25.22(2) The provisions of sections 25.02 to 25.06, 25.09, 25.12 and 25.13 apply to persons issuing inspection certificates, operators of a designated inspection facility and authorized persons.

Note that no part of the above sections prohibits the changing of suspension height of a vehicle by 10cm or less. In other words, as long as the change in suspension height of a vehicle is 10cm or less, and that the height of the headlamps falls within the 56cm to 1.37m, and that the minimum clearance for all parts of the vehicle (other than the wheels in contact with the level roadway) is no lower than the lowest point on the rim of any wheel in contact with the roadway, the vehicle's ride height is in compliance with the MVA, and is therefore legal for on-road use.

Again, out on the streets of Metro Vancouver, members of the VPD have been known to issue N&O (Notice and Order) at Level 1 and 2 to vehicle owners while citing "the vehicle has been lowered" as the matter of non-compliance. In the absence of any violation against the aforementioned sections of the MVA, this is extremely problematic because it shows members of the VPD have an incorrect understanding of the law, and more importantly, is enforcing their own personal and arbitrary interpretations of the law when there is absolutely no legal basis for them to do so! As a member of the public, I find this totally unacceptable, and I think this practice must stop immediately. If the vehicle violates the clearance height requirements, the VPD officer is certainly welcomed to issue N&O or other citations as deemed appropriate. If the headlamps are too low as a result of vehicle lowering, the VPD officer is welcomed to issue N&O or other citations as deemed appropriate. If the vehicle has been lowered by more than 10cm, then again, the VPD officer is welcomed to issue N&O or other citations to ensure the vehicle complies with the MVA. But the mere fact of lowering a vehicle, without violating any of the other clauses of the MVA, does not make the said vehicle out of compliance against the MVA, and the VPD officer therefore has no legal grounds to issue that kind of notices or citations.