Difference between revisions of "Motor Vehicle Violation Tickets (13:V)"

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LSLAP Manual
This page is from the Law Students' Legal Advice Program Manual. See the full contents.
LSLAP Manual
Introduction
Chapters
1. Criminal Law · I. Introduction · II. Governing Legislation and Resources · III. Etiquette · IV. Criminal Charges · V. Substantive Law · VI. Resolving Prior to Trial · VII. Pleading Not Guilty/Trial · VIII. Other Issues · IX. Charter of Rights and Freedoms · X. LSLAP Policies · XI. Information for LSLAP Students · XII. Etiquette for Law Students · XIII. Practice Recommendations · Appendix A: Initial Sentencing Position · Appendix B: Sample Information · Appendix C: Diversion Application · Appendix D: Sentencing Hearing · Appendix E: Trial Books · Appendix F: Glossary
2. Youth Justice · I. Introduction · II. Governing Legislation and Resources · III. Youth Criminal Justice Act · IV. Youth Justice (British Columbia) Act · Appendix A: Glossary
3. Family Law · I. Introduction · II. Governing Legislation and Resources · III. Marriage · IV. Divorce · V. Uncontested Divorce · VI. Simple Divorce Procedure · VII. Alternatives to Divorce · VIII. Family Violence · IX. Assets · X. Spousal and Child Support · XI. Parenting Orders/Guardianship/Contact · XII. Children and the Law · XIII. Adoption · XIV. Name Changes · XV. Court Procedures · Appendix A: Glossary
4. Victims · I. Introduction · II. Governing Legislation · III. Crime Victim Assistance Program · IV. Avenues to Address Crime · V. Victims of Sexual Assault · VI. Victims of Relationship Violence · VII. Seniors or Those with Disabilities · VIII. Victims of Human Trafficking · IX. Missing Persons and Abductions · X. TIP and Restorative Justice · XI. Resources for Indigenous Victims · XII. Referrals and Follow-up
5. Public Complaints · I. Introduction · II. Governing Legislation and Resources · III. Review of Administrative Decisions · IV. Privacy or Access to Information · V. Complaints against the Police · VI. Complaints against Security Guards · VII. The Right to Vote · VIII. Complaints regarding UBC · IX. Complaints regarding SFU · X. Complaints Re: Other Universities · XI. Complaints against Doctors · XII. Complaints against Lawyers · Appendix A: Glossary · Appendix B: Sample Notice Letter
6. Human Rights · I. Introduction · II. Governing Legislation and Resources · III. BC Human Rights Code · IV. Canadian Human Rights Act · V. BC Civil Rights Protection Act · VI. Rights of the Child · VII. LSLAP's Role · VIII. Indigenous Complainants · IX. Online Mediations & Hearings
7. Workers' Compensation · I. Introduction · II. Governing Legislation & Policy · III. Introduction to Compensation Claims · IV. LSLAP's Role · V. Limitation Periods & Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits & Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health & Safety Regulations · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix :D Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
8. Employment Insurance · I. Introduction · II. Governing Legislation and Resources · III. Qualifying for EI · IV. Types of Benefits · V. Benefit Period · VI. Quantifying Benefits · VII. Benefit Entitlement · VIII. Penalties, Violations, and Offences · IX. Keeping Out of Trouble · X. Timing for Reporting · XI. Overpayment and Collections · XII. Reconsideration · XIII. Social Security Tribunal · XIV. Appeals · XV. Judicial Review · XVI. LSLAP's Use of This Chapter · Appendix A: Initial Application Checklist
9. Employment Law · I. Introduction · II. Governing Legislation and Resources · III. Checklist · IV. Preliminary Matters · V. Employment Issues · VI. Remedies · VII. Strategies and Tips · Appendix A: Glossary
10. Creditors and Debtors · I. Introduction · II. Governing Legislation and Resources · III. Creditors' Remedies · IV. Debtors' Options · V. Dealing with Debt · Appendix A: Relevant Forms · Appendix B: Examination Checklist
11. Consumer Protection · I. Introduction · II. Governing Legislation and Resources · III. Contracts for Sale of Goods · IV. Consumer Protection · V. Direct Sales · VI. Conditional Sales Contracts · VII. Motor Dealer Act · VIII. Miscellaneous · IX. Forum of Redress · X. Consumer Transactions
12. Auto Insurance (ICBC) · I. Introduction · II. Governing Legislation and Resources · III. Basic Coverage · IV. Optional Insurance · V. Seeking Legal Counsel · VI. Disputes with ICBC · VII. When You Can Still Sue · VIII. On or Before April 30 2021 · IX. Limitation on Experts · X. Compulsory Coverage · XI. Optional Insurance · XII. Personal Injury Claims · XIII. Out-of-Province
13. Motor Vehicle Law · I. Introduction · II. Governing Legislation and Resources · III. At the Roadside · IV. Duties after a Collision · V. Violation Tickets · VI. Provincial Offences · VII. Vehicle Impoundment · VIII. Superintendent · IX. Alcohol and Drugs · X. Federal Offences · XI. Driving While Prohibited · XII. ICBC Breaches · XIII. Bicycles · XIV. LSLAP Program Information · Appendix A: Penalty Points and Fines
14. Mental Health Law · I. Introduction · II. Governing Legislation and Resources · III. Theory and Approach · IV. Legal Rights · V. Patient Admission · VI. Consent to Medical Treatment · VII. Involuntarily Admitted · VIII. Youth · IX. Criminal Code · X. Complaints · XI. References · XII. LSLAP File Administration Policy
15. Adult Guardianship · I. Introduction · II. Governing Legislation · III. Mental Capacity · IV. Substitute Decision Making · V. Adult Guardianship · VI. Adult Abuse and Neglect · VII. Sources and Resources · Appendix A: EPOA · Appendix B: Decision Tree
16. Wills and Estate Administration · I. Introduction · II. Governing Legislation and Resources · III. Making and Executing · IV. Mistakes and Alterations · V. Court's Power · VI. Revocation · VII. Wills Variation Claims · VIII. Intestacy · IX. Property · X. First Nations and Wills · XI. Estate Administration · XII. Duties of a Personal Representative · XIII. Taxation: RRSP & RRIF & TFSA · XIV. LSLAP File Administration Policy · Appendix A: Questionnaire · Appendix B: Checklist · Appendix C: Glossary
17. Citizenship · I. Introduction · II. Governing Legislation and Resources · III. Who is a Canadian Citizen? · IV. Advantages & Responsibilities · V. Citizenship Grants · VI. Applying for Citizenship Grant · VII. Loss and Renunciation · VIII. Proof · IX. Search of Citizenship Record · X. Referrals
18. Immigration Law · I. Introduction · II. Governing Legislation and Resources · III. Players · IV. Categories of Persons · V. PR Application · VI. Identifications · VII. IRB · VIII. Loss of PR · IX. Temporary Residence Matters · X. Removal Orders · XI. Appeals · XII. Offences · XIII. Issues at Sentencing · XIV. Contacts
19. Landlord and Tenant Law · I. Residential Tenancy Act · II. Tenancy Agreements · III. Moving In and Moving Out · IV. Security Deposits · V. Repair and Service · VI. Rent Increase · VII. Tenant's Rights · VIII. Subletting and Assignment · IX. Termination/Eviction · X. Dispute Resolution · XI. Common Law · XII. Strata Law · XIII. Assisted Living · XIV. Commercial Tenancies · XV. Manufactured Homes · XVI. Income Assistance · XVII. Illegal Suites · XVIII. Forms · XIX. Governing Legislation and Resources
20. Small Claims and the CRT · I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal · Appendix M: LSLAP Policy
21. Welfare Law · I. Introduction · II. Governing Legislation and Resources · III. Eligibility · IV. Special Situations · V. Eligibility Factors · VI. Hardship Assistance · VII. Overpayments and Fraud · VIII. Rates and Payment Issues · IX. Additional Benefits · X. Health Supplements · XI. Appeals
22. Strata Law · I. Introduction · II. Governing Legislation · III. Strata Concept · IV. Strata Plan · V. Common Property and Assets · VI. Governance · VII. Management · VIII. Finances · IX. Collections · X. Bylaws and Rules · XI. Rentals and Accommodations · XII. Privacy · XIII. Insurance · XIV. Repair and Maintain · XV. Dispute Resolution · XVI. Recourse to the Courts
23. Referrals · I. General · II. Family Law & Women · III. Residential Tenancy · IV. Human Rights · V. Wills & Estates · VI. Immigration & Refugee · VII. Disability · VIII. Employment · IX. Debt · X. Indigenous · XI. Police Complaints · XII. Chinese Language · XIII. Others
v • d • e

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:

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
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):

when a person is driving in reverse, or
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)).

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Motor_Vehicle_Violation_Tickets_(13:V)&oldid=29476"

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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 A ssembly 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: Rv Kennedy, [1987] BCJ No 2028, 18 BCLR (2d) 321 (CA). C.A ir 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.
+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.
--13It 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)).
+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:
+#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
+#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):
+#when a person is driving in reverse, or
+#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)).

Difference between revisions of "Motor Vehicle Violation Tickets (13:V)"

Revision as of 04:12, 20 June 2016

A. Equipment Standards in General

B. Seat Belt Assembly

C. Air Pollution Controls

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