[Traum]

Fresh off the OPCC press, Page 31 of the annual report:

https://opcc.bc.ca/wp-content/upload...dit-online.pdf

DESIGNATED INSPECTION FACILITIES
Recommendation to Director of Police Services
Interpretation and application of Division 25 and the issuance of Notice and Orders

Recommendation
• Consideration should be given to review the practice of police directing motor vehicle operator’s attendance to specific Designated Inspection Facilities.

Spoiler!

Background
The OPCC received a number of complaints from the public, both regarding the specific conduct of police officers and of departmental policies and practices concerning the interpretation and application of the Motor Vehicle
Act Regulations (MVAR), specifically Division 25 and the issuance of Notice and Orders. The complaints received were related to the Vancouver Police Department traffic section.

Based on a review of concerns brought forward by the public, the Police Complaint Commissioner determined that there appeared to be a lack of clarity regarding the interpretation of Division 7.08 of the MVAR and whether police could direct the attendance to a specific Designated Inspection Facility. In addition, police practices relating to the noise testing of vehicles remained unclear and, that there appeared to be a need for greater training and policy
relating to that testing.

According to the complaints received by the public, the practice of the VPD has been to advise the driver that they must attend a specific Designated Inspection Facility, of the officer’s choice, when issuing the driver a Notice
and Order.

Division 7.08 of the MVAR appears to provide the authority for peace officers themselves to inspect and test a vehicle forthwith. The regulation does not appear to provide peace officers the legislated authority to direct a person to take their vehicle to a specific Designated Inspection Facility.

Upon review of Division 25, it also appears that a driver is to be afforded the opportunity to choose which Designated Inspection Facility they attend for the purposes of inspection and testing.

The OPCC was unable to locate any specific policy or formal training relative to roadside emission noise testing at the VPD. It appeared that any testing the VPD conducts is without the benefit of any legislative standards, and may
not adhere to industry standards. A Service and Policy complaint reviewed by the Vancouver Police Board yielded no resolution to the matter.

Making Change
Based on the complaints submitted to the OPCC and a review of the Motor Vehicle Act Regulations, the OPCC determined that there has been a misapplication by the VPD Traffic Section of the authorities granted under the MVAR causing cost and considerable inconvenience to the public. As complaints to the Vancouver Police Board did not adequately address the matter, the Commissioner wrote to the Director of Police Services requesting that they review this practice by VPD to determine whether additional clarity is required to assist departments with the interpretation and application of this regulation.