Quote:
Originally Posted by meme405
Basically (and someone can give you the actual code section), but the cops are using some BS section of the MVA that is supposed to be meant for them to be able to direct traffic to a parking lot in order to look at it, to bend the meaning of the rule to say that you have to go to "X" spot to have your car inspected. I'm 100% sure this isn't how the rule is intended to be used, and it's an abuse of power. Full stop.
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This was mentioned earlier the in the thread. The section of the MVA being used is improperly being applied.
7.08 MVAR which they love to write on the Notice and Order says:
The owner or the person in charge of a motor vehicle or trailer operated, or about to be operated, on any highway shall, upon the request of any peace officer, forthwith take the motor vehicle or trailer to the place designated by the peace officer and submit the motor vehicle or trailer there for inspection and testing.
So, if the peace officer doesn't want to do an inspection on the side of the road, then move to X location where it safer. The "place" is not specified as a "designated inspection facility"
The correct section of the MVAR is 25.08 in regards to Notifications and orders
25.08 (1) Despite an inspection certificate being in force, the director or a peace officer may, on having reasonable and probable grounds to believe that a vehicle may not comply with the standards, notify the owner or operator of a vehicle to present it for inspection to a designated inspection facility within the period set out in the notification.
(2) The director or a peace officer may order the owner or operator of a vehicle, in respect of which no inspection certificate is in force, to surrender to either of them the vehicle licence or the number plates, or both, for that vehicle.
(3) The owner or operator must comply with a notification under subsection (1) and an order under subsection (2).
(4) After examining a vehicle presented to the designated inspection facility following a notification under subsection (1), an authorized person must revoke any unexpired certificate, issue an inspection report in the manner set out in section 25.13 and
(a) issue a new inspection certificate of approval under section 25.13 (2), or
(b) issue an interim inspection certificate under section 25.13 (3)
on being satisfied that the conditions for issuing those certificates have been met.
(5) A notification under subsection (1) may require the owner or operator to notify the director or peace officer of the result of the required inspection.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
And as we know, a designated inspection facility is one that is listed on the CVSE website.
Someone basically needs to get a VI, inspect it as they would normally, get a ticket for failure to comply with order, then dispute that in court.
Out of the now 50+ VI's ive heard about, there is only 1 person I know who got that failure to comply ticket, and they are not interested in chasing it in court. If it gets overturned in court, provincial or supreme, then.......