And right after I receive the reply from the CVSE manager regarding exhaust noise, this came up in my inbox. It is from a CVSE director regarding the original complaint that I have mass emailed to the Solicitor General, Transportation Minister (and her Deputy), my MLA, VPD PSS, and OPCC. The Deputy Transportation Minister was CC-ed on the email as well.
Quote:
Good afternoon Mr. [Traum],
Thank you for taking the time to write and for your detailed correspondence; I’ve been asked to respond on behalf of our Ministry. I cannot speak to the enforcement protocols that Vancouver Police may choose to follow, but can comment on the regulations themselves as well as some plans for the future
The issues related to vehicle height, clearance and their related regulations are complex, as you’ve demonstrated in your analysis. I would agree with you there is vagueness, which in an enforcement world, can sometimes allow for interpretation. At times, this is a good thing; allowing front line officers to take all information and situational influences at hand and come to a most applicable response or action. This can open doors for educational opportunities and awareness rather than tickets or enforcement, however retaining the ability to issue tickets or notices when blatantly non-compliant.
At other times, vagueness can leave interpretation to multiple conclusions, and has the ability to move further away from intent of regulation rather than focus on specific wording of a regulation. An example of this is the Schedule, Section 18 – the key words are “not be out of adjustment”, and the “apparent visually” is the less-than specific measurement. If it is still within manufactured specifications, it is not out of adjustment, regardless of what it looks like visually, however the confusion on this issue is apparent.
To your point, I would agree that much of this section, as well as others in the MVAR, are in need of clarity and updating. To that end, we have recently initiated a work plan within our Ministry to assess this section, among others, to look to clarify and modernize the wording. Analysis has already begun, with work continuing throughout the spring and summer, with intended recommendations for changes and updates this coming fall. I look forward to more clarity and consistency on this and other sections of the regulations that the various roadside officers and agencies are mandated to enforce.
Thank you again for taking the time to write and your awareness on this complex issue, your feedback will be of assistance as we move forward. Feel free to contact myself should you have any questions.
Regards,
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I am not really sure where to go from here. I am still in the process of revising my service and policy complaint to the OPCC (yes, I know I have been extremely slow on this
), and I don't think there is a need to stop that at all. It pertains more to the enforcement aspect of the problem, and I certainly think work needs to be done on that front, probably more urgently than the actual legislative aspects since it will have a more immediate effect.
But yeah, need to sit down and think it over...