Motor Vehicle Violation Tickets (13:V)

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A. Equipment Standards in General

The general rule is that a “person must not drive or operate a motor vehicle or trailer on a highway or rent a motor vehicle or trailer unless it is equipped in all respects in compliance with this Act and of the regulations” (MVA s 219(1)). Section 219(2) permits a peace officer to require the inspection of a registered owner’s motor vehicle and motor vehicles at a rental firm.

Under MVAR s 25.30, where a police officer has reasonable and probable grounds to believe that a vehicle is unsafe for use on a highway, regardless of whether or not the vehicle actually meets the standards prescribed under the MVA, the officer may:

  1. order the vehicle removed from the highway until repairs as ordered by the officer are completed or the peace officer revokes the order; and/or
  2. order the surrender of the vehicle license and/or number plates.

B. Seat Belt Assembly

Section 220 of the MVA requires that any motor vehicle manufactured after December 1, 1963 must be equipped with at least two front seat belt assemblies before it is sold or operated.

Section 220(4) requires that when the motor vehicle is operated, these assemblies must be properly fastened except as per s 220(5):

  1. when a person is driving in reverse, or
  2. in the case of a person engaged in work which requires frequent alighting and in which the maximum vehicle speed is 40 km per hour.

Courts have upheld the rules enforcing mandatory seat belt use as they are held not to be an infringement of an individual’s Charter rights. The provisions are integral to the broad legislative scheme promoting highway safety and minimizing the overall human and economic cost of accidents. The alleged infringement of a person’s right to free choice is so insignificant that it cannot be considered a measurable breach of Charter rights: R v Kennedy, [1987] BCJ No 2028, 18 BCLR (2d) 321 (CA).

C. Air Pollution Controls

Section 49(1) of the MVA empowers the Lieutenant Governor in Council to make regulations respecting the control of emissions from motor vehicles. These are set out in Division 29 of the MVAR.

Under s 50(1) of the MVA, the Superintendent has established “AirCare” as the certification program requiring compliance with motor vehicle standards set out in MVA s 49(1) and the MVAR. Under MVA s 48, the Superintendent may refuse to issue a license for a motor vehicle that has not been certified under s 50 within 12 months prior to the application of license renewal and which is not exempt from this requirement.

Under MVA s 50(3), the Superintendent may certify a motor vehicle even though the motor vehicle does not fully comply with the Regulations under MVA s 49 (i.e. fails AirCare), as long as the Superintendent is satisfied that the owner of the motor vehicle has made and will make all reasonable efforts to bring the motor vehicle into compliance and undue hardship would result to the owner if the motor vehicle is not certified under this section.

It is an offence to operate a motor vehicle that fails to meet the standards. The penalty can be a fine ranging from $50 to $500 (MVA s 47(3)).