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Old 02-11-2019, 12:54 AM   #2282
Traum
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I just read through everything under that CVSE dispute resolution page, and IMO, at a practice level, that dispute process is completely useless for VI's from the affected vehicle owner's POV.

From the Dispute Resolution Flow Chart, I generally agree with what you have already written, although I am not sure how the actual timeline will play out. But more importantly, the problem with any wrongfully issued VI is the lost time, money (eg. inspection fees, lost time from work, etc.), and stress that is borne by the vehicle owner. If you have the money, I'm sure you can hire a lawyer to sue someone (the police? the BC gov?). But for the average Joe, there is no dispute resolution because you can't recoup anything out of the CVSE dispute resolution process. In the Q&A section, it specifically says:

Quote:
Q. Will CVSE pay for my expenses incurred if the dispute if resolved in my favour?
A. The policy does not allow for financial compensation. Should a dispute be resolved in the driver/carriers favour then CVSE will remove any carrier profile points that have been associated to that specific Out of Service designation. There are no points associated with a Notice and Order under the NSC.
So essentially, if a vehicle owner wants to dispute a VI, the only possible chance is to dispute it with the issuing officer (level 1 resolution) or take the dispute to the supervisor (level 2 resolution). If Cain is already both the issuing officer and supervisor, then you're basically done. Even if it were a lower ranked traffic police issuing the VI, you know what will happen if you try to dispute it -- the officer thinks you are being aggressive / not respectful / uncooperative, their power trip kicks in, and instead of that Box 2 VI he has issued, it is going to turn into a Box 1 VI.

Quote:
Originally Posted by coupelove View Post
Yup! The rules are unclear for everyone! This is the problem. Most things are legal to modify on a car, only a few things are written into law as illegal.

Nobody even knows there IS a dispute process for VI's that directly oversee notice and orders. Check it out CVSE - National Safety Code

How to dispute? Speak to the officer's supervisor, if you still want to dispute after the supervisor reviews, speak to the local manager(who? what position in the department is unclear). after that, you still want to dispute the order you can have a CVSE manager reconsider your case. Imagine all this happening while your sitting on the side of the road after getting pulled over.

The thing we should be complaining about is the system is stacked against fairness. A notice and order literally says to speak to the officers supervisor if you dispute the action. If Cain is the sergeant, how well do you think that is going to go? If you don't like his action, is it even possible to have his manager show up on scene? Will a CVSE manager be available to come by and look at your car? There is no choice but to accept enforcement action, pay the tow home, overpay at the dealership to get a passed report.

Last edited by Traum; 02-11-2019 at 01:34 AM.
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