This inquiry arrived in the DriveSmartBC inbox last Thursday: “I
bought a used newer truck from a dealership and was told prior to
signing the final documents that the truck had gone through a full
safety inspection. Less than two weeks later I was pulled
over and issued a ticket for improperly equipped motor vehicle and
issued a box 2 inspection order for my 2017 Dodge Ram 3500.”
The person goes on to say that the notice order is vague. He was not
sure what to do next, but made an appointment for an inspection at the
dealership where he purchased the truck.
Actually, the notice is not vague, it simply says that you must take the
vehicle to a designated inspection facility, undergo inspection and
make the identified repairs with a pass required within 30 days. The
officer will not list what needs to be repaired,
the facility will determine that.
There could be a significant difference between what the dealership
calls a “safety inspection” and what the inspection facility does.
Simply checking that all the lights work, that the tires have sufficient
tread and that the brakes are not worn out could
be considered a safety inspection. The designated inspection facility
is required to check all items in a comprehensive set of standards (that
you may find in your local libaray) and make sure that those standards
are met.
The only way to know is to ask the dealership what was checked when you are shopping for the vehicle.
That said, the dealership is not supposed to sell you a vehicle that is not roadworthy:
Sale of motor vehicle contrary to regulations 222 A person must not sell, offer for sale, expose or
display for sale or deliver over to a purchaser for use a motor vehicle,
trailer or equipment for them that is not in accordance with this Act
and the regulations.
Probably the only way to escape this requirement is to specify that what
is being sold is not meant for use on a highway on the bill of sale.
You may find this FAQ from the Vehicle Sales Authority of BC useful. It
outlines your rights when you purchase a vehicle from a dealer and what
to do if you have problems.
Of course, if you made the modifications that triggered the officer’s
interest after you purchased the vehicle, you are on the hook for that
yourself.
If you did not, then you may have some recourse against the dealership
for the cost of the inspection and the changes necessary to make the
vehicle roadworthy. The VSABC may assist you with that or you may have
to conduct a small claims court action if the
dealership refuses.
If you knew at the time of purchase that the vehicle was not roadworthy
in all respects you may find that willful blindness can limit your
options as well.
Finally, you can take advantage of lawyer referral for properly informed advice.
Story URL:
https://www.drivesmartbc.ca/equipment/trouble-after-vehicle-purchase
—
Constable Tim Schewe (Retired)
DriveSmartBC: Where better than average road users satisfy their curiosity.