Quote:
Originally Posted by 68style
So here's a new wrinkle on this shit for everyone... and I have seen the actual ticket so I know it's for real:
My buddy drove his friend's Jeep to the USA, when he came back he was still in USA lined up waiting to get to the border, had not crossed over to Canada yet, and a CBSA officer walking the lineup issued him a MVA ticket Section 4.25 for $109 for not having covers on the off-road LED lightbar mounted on the vehicle.
The ticket says RCMP Deas Island, but a CBSA officer issued it while he was still in the USA! The badge# is CBSA as well (6 digits) instead of RCMP (5 digits).
Needless to say he is disputing it. Since when do CBSA officers have the authority to issue RCMP tickets to cars that aren't even in the country yet???
|
Ya, I think there are many chances this ticket will get tossed.
1. Was the ticket issued in USA or Canada? The booth location isn't the official border, you technically cross from USA to Canada on the drive up to the booths (assuming this was was at the Peace Arch). I would assume border guards are told on their first day exactly where the official border is, and where their jurisdiction ends. But I could be wrong!
2. The ticket says the issuing organization is Deas Island RCMP but the enforcing officer's number is a CBSA number. When the ticket ends up in ICBC's hands, they might cancel it right away for that reason. However, this is all part of the "shaded area" which doesn't always mean a ticket gets cancelled.
3. I think the most likely reason the ticket will be dismissed is because I don't believe CBSA officers have any power to enforce the Motor Vehicle Act. It's similar to impaired driving. CBSA officers cannot charge or issue any kind of driving prohibition under the BC MVA. They can stop and ask for a breath sample, but they have to call in a police officer to issue the tickets. And if it's clear they can't issue roadside driving prohibitions, they shouldn't be allowed to write tickets for vehicle infractions either.