| Blackout-spec |
Yes i know, another tint question...
Anyways, im really curious about this.
Say you get pulled over by EPS/RCMP and you are told to remove your tint(front windows), or be impounded.
Now, are you allowed to impound the vehicle? or just give a tint ticket?
I was always under the impression, that the only reason you would have to impound a vehicle, would be if it was not deemed undrivable.
Thanks. |
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| BLOCKER |
FINALLY! I am now as cool as GOTBOOST! I can quote myself!
quote:
Originally posted by BLOCKER
You can not have your vehicle siezed for a simple equipment violation, that being said, if you do have an equipment violation the officer can sieze you licence plate and hold it untill the vehicle has been brought up to snuff...
Your thinking so what, he siezed my licence plate... I will just drive home and go get a new one tomorrow... wrong...
1. you will not be driving home because your vehicle does not have valid regstration
2. the "registrar" will not issue you a new plate untill the equipment has been fixed...
3. Your vehicle will not get siezed, rather you will have to tow it home.
Refferences:
Inspection of vehicles
66(1) A peace officer may, for the purposes of
(a) ensuring that a vehicle or its equipment, or both,
(i) are safe to operate, and
(ii) meet the vehicle and equipment standards and requirements provided for under this Act,
or
(b) determining whether the condition of a vehicle or its equipment contributed in any manner to an accident,
do one or more of the following:
(c) direct that the vehicle or its equipment, or both, be subjected to an inspection, examination or test by the peace officer;
(d) direct that the vehicle or its equipment, or both, be subjected to an inspection, examination or test at a place and by a person specified by the peace officer;
(e) direct that the vehicle or its equipment, or both, or any specific part of the vehicle or equipment be repaired;
(f) direct that the vehicle or its equipment, or both, be removed from the highway or from operation and that it not be returned to a highway or operation until the vehicle or its equipment, or both, have been, as the case may be,
(i) rendered safe to operate,
(ii) repaired, serviced, altered or otherwise dealt with so that they meet the requirements of this Act, or
(iii) repaired in accordance with the directions of the peace officer;
(g) direct that the directions given under this section be complied with within a time period specified by the peace officer;
(h) direct that, after the directions given under this section have been complied with, the vehicle or its equipment, or both, be reinspected by a peace officer at a time and place specified by the peace officer.
(2) A direction given under this section must
(a) be in writing, and
(b) be served on the person to whom the direction is made.
(3) Notwithstanding subsection (2), a direction given under subsection (1)(c) may be given orally if a peace officer inspects, examines or tests the vehicle and its equipment forthwith after the direction is given.
(4) If a driver or an owner of a vehicle is given a direction under subsection (1)(f), a peace officer may seize the licence plate and certificate of registration issued in respect of that vehicle and hold the licence plate and certificate of registration until the vehicle or its equipment, or both, have been, in accordance with the direction,
(a) rendered safe to operate;
(b) repaired, serviced, altered or otherwise dealt with so that they meet the requirements of this Act;
(c) repaired in accordance with the directions of the peace officer.
(5) A person shall not do any of the following:
(a) fail to comply with the directions given by a peace officer under this section;
(b) operate a vehicle on a highway in contravention of a direction given under subsection (1)(f);
(c) put a vehicle into operation in contravention of a direction given under subsection (1)(f).
*******
Removal of vehicles
77(1) A peace officer may cause any vehicle to be removed and taken to and stored in a suitable place when the vehicle
(a) is abandoned under section 76;
(b) is left unattended on a highway in a manner that obstructs the normal movement of traffic;
(c) is parked on any highway in contravention of this Act or a bylaw;
(d) is parked on a highway in a manner that prevents access by fire‑fighting equipment to a fire hydrant;
(e) is not displaying a subsisting licence plate or a permit;
(f) is parked on private property without the consent of the owner of the property or on a highway in a manner that obstructs any private driveway;
(g) is left unattended on a highway and, in the opinion of a peace officer, the vehicle, its contents or any goods being carried by the vehicle are liable to be stolen or tampered with;
(h) is situated unattended at a location or in a condition so that, in the opinion of the peace officer, it constitutes a present or potential hazard to persons or property;
(i) is seized under section 172, 173 or 173.1.
(2) When the Registrar, a peace officer or another person authorized by the Registrar believes on reasonable and probable grounds that a vehicle referred to in subsection (1) is worthless, that person may, subject to the regulations, cause the vehicle to be moved to a nuisance ground, salvage yard or municipal dump for disposal or to be otherwise dealt with under the regulations.
*******
I think that covers it?
Seizure of licence plates
168(1) If a peace officer has reasonable and probable grounds to believe
(a) that a vehicle is displaying licence plates that
(i) were not issued for that vehicle, or
(ii) were obtained by false pretenses,
or
(b) that a vehicle is located on a highway in contravention of section 54,
the peace officer may seize and take possession of the licence plates displayed on that vehicle.
(2) When licence plates are seized under subsection (1)(a) they may be retained by the peace officer until the facts concerning the issue of those licence plates have been determined or, if an information is laid, until the final disposition of the matter.
(3) When licence plates are seized under subsection (1)(b), they may be retained by the peace officer until the owner of the vehicle is in compliance with the requirements of this Act respecting the insuring of the vehicle.
(4) If licence plates are not returned to the Registrar pursuant to a request made under this Act, a peace officer on the direction of the Registrar may seize those licence plates and return them to the Registrar.
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| GOT BOOST |
quote:
Originally posted by BLOCKER
FINALLY! I am now as cool as GOTBOOST! I can quote myself!
Nice work Junior.
Welcome to the club! :lol: :beer: |
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| Talon_66 |
| Time to print that out and keep a copy in my car. |
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| Inzane |
Ok, so if I understood correctly, they can hold your plate preventing you from being able to drive the vehicle. So you would then have to hire yourself a towtruck to get your car home. Then, fix problem at home and hopefully get your plate back. Correct?
That is infinitely better than having someone else tow the car away to an impound yard. A situation where the car owner has no control over who touches the car, what gets damaged, or stolen from it, etc. |
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| Blackout-spec |
| i think its still retarded. is tint really that big of a deal that they have to take your plate? sure i know about the safety reasons and such, but why dont they just give you a ticket like every other violation. |
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| SilverNeonRacer |
So along the same lines.. what if they threaten to tow your car.. like in the previous thread quoted I might have mentioned the scenario that happened to me.. twas -40, I got pulled over for white front signals/markers the officer threatened to tow my car then and there if I didn't have stock bulbs to put in it since he was confiscating my bulbs for evidence...
But along the same lines, if they take the plate... then can't they impound it under this:
quote:
(c) is parked on any highway in contravention of this Act or a bylaw;
(e) is not displaying a subsisting licence plate or a permit;
??? just question.... |
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| GOT BOOST |
quote:
Originally posted by Blackout-spec
i think its still retarded. is tint really that big of a deal that they have to take your plate? sure i know about the safety reasons and such, but why dont they just give you a ticket like every other violation.
I think you would have to worry about it if you were being a complete jackass to the officer. |
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| arabian_ryda |
the way those bylaws are worded u can get impounded i believe.
he can take your plate and have your car impounded if he wanted. |
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| SilverNeonRacer |
quote:
Originally posted by arabian_ryda
the way those bylaws are worded u can get impounded i believe.
he can take your plate and have your car impounded if he wanted.
That's what I'm reading it ask, the Officer takes your plate, then impounds it for not having a plate. |
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| BLOCKER |
quote:
Originally posted by Inzane
Ok, so if I understood correctly, they can hold your plate preventing you from being able to drive the vehicle. So you would then have to hire yourself a towtruck to get your car home. Then, fix problem at home and hopefully get your plate back. Correct?
Yes |
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| BLOCKER |
quote:
Originally posted by arabian_ryda
the way those bylaws are worded u can get impounded i believe.
he can take your plate and have your car impounded if he wanted.
Technically yes... however, that is going to the extreme... in most cases, unless this is your 20th (exageration) ticket for the same thing it hardley is justifed.
Your car would not be siezed for tint it would be siezed for not displaying valid registration....
However, if the officer should choose to tow for the not displaying valid registration, he should give you the option of hiring your own tow company... if not I would make a complaint...
Really it is going to the extreme for a $57.00 fine |
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| BLOCKER |
quote:
Originally posted by Blackout-spec
i think its still retarded. is tint really that big of a deal that they have to take your plate? sure i know about the safety reasons and such, but why dont they just give you a ticket like every other violation.
In most cases you are going to get ticketed like every other violation...
Keep in mind, as been stated in other posts, there are jack ass cops, just like jack ass lawyers, jack ass doctors, jack ass rig pigs, jack ass truck drivers ect... just like there are excellent examples in each of the proffessions... |
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| BLOCKER |
quote:
Originally posted by Talon_66
Time to print that out and keep a copy in my car.
It is not something I would argue at the time of getting towed or ticket... save it for the IA complaint...
Keep in mind my little disclaimer.....
Read the sig!:read: |
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| SilverNeonRacer |
| For a completely off the wall question, if I I feel the officer is taking my plate and as such car for a total BS reason, something that would get dropped before it even gets to court can you demand to speak to a supervisor and/or charge him with theft? |
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| MX5 Miata Guy |
quote:
Originally posted by SilverNeonRacer
SNIP...and/or charge him with theft?
No, as the plate is not yours...it's the province's, and the police officer is an agent of the province.
Remember, driving is a privledge, not a right. |
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| BLOCKER |
quote:
Originally posted by MX5 Miata Guy
No, as the plate is not yours...it's the province's, and the police officer is an agent of the province.
Remember, driving is a privledge, not a right.
Your best course of action would be to keep your mouth shut, wait untill the situation is over and make a complaint with IA |
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| SilverNeonRacer |
quote:
Originally posted by MX5 Miata Guy
No, as the plate is not yours...it's the province's, and the police officer is an agent of the province.
Remember, driving is a privledge, not a right.
I know the plat belongs tot he province.. but the car doesn't and if he wants to tow if for some completely an utter bs reason, I'm pretty sure we should be able to get a second opinion...
Plus I dunno if they tow it, and you pay the impound fees, the towing fees, etc, etc get a new plate to drive it til court date, etc if you'd get any of that money back.. same thing.. if they tow it, you say screw it, leave it in the impound til court date.. would they drop the fees?
*** Don't get me wrong, I don't hate Police Officers, I've had more good experiences than bad with Police, but as I've said before after a couple cops almost rear ended me many times driving down a road, almost litterally pushing me into speading, stopped me cause they claimed I was speeding around a traffic circle(I was doing 30) they towed my truck, didn't even officially tell me they where doing it til it was on the tow truck, I was still in the friggin thing. Basically made me walk through a shady neighbour hood to work in a security gaurd uniform carrying a laptop. Didn't offer to help me call somebody for a ride or a cab.. shit out of a pure fluke I pulled over right across the street from where I bought the vehicle, had in house finiancing, still owed about half, and I couldn't even park it on their lot. They lost my fancy bolts I had for holding the plate on, etc, etc.. made me right cranky.... |
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| Dan_Gyoba |
I guess it may be a "BS" reason, but really. Do you NEED tint on your front windows so badly? I chose to obey the law, and removed the tint from my front windows. It may look a bit better with the tint than without, but I don't see myself really put out by the lack of it. As a result, this is a problem that I will never have to face.
I've had my car impounded once. (I got pulled over a couple of days after the insurance certificate in the car expired. I had the new certificate, but it was at home. :( ) I forget what the fine was for "failure to produce" but the heavy hit was the towing and impound fees, then the repairs that the car needed after being towed.
When I picked up the car at the impound yard, my PS flid was all over the ground. The engine undercover was missing and the front lip was badly broken. Impound lot says to take it up with the towing company. Towing company says "It must have been like that already." I know a losing battle when I see one. I've replaced the PS rack so I have power steering again. (I was getting along without for almost a while.)
So, do I want to give even the worst jackass with a badge an excuse? I do not. It is not that I expect any given officer to BE that jackass, but with my luck, not only will (s)he be, but (s)he will have had a fight with the signifigant other that morning, spilled a cup of coffee in the cruiser, received notice of a CCRA audit the day before, skipped breakfast, and stubbed a toe walking over to my car. Am I going to have my windows tinted? Not a chance. I'll also have an assortment of 1156, 1157 and 194 lamps in the glove box, so that any lights which may be burned out can be replaced on the spot. (Not that I have any tail or marker lights out for any length of time in any event, if for no other reason than that it doesn't look good.) |
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| AudiInProgress |
| Here's an idea... Stop tinting your front windows in the first place. |
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| GOT BOOST |
quote:
Originally posted by AudiInProgress
Here's an idea... Stop tinting your front windows in the first place.
Wha cho problemz YO! I prefs to ridez pimpz stlyez in da “vlon wit de ‘dow’s up, tinted dark, my seat ful-e back, hat on sidewayzzz, left hand kurled over da wheel, listen’ to me hommie fifty. |
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| Inzane |
quote:
Originally posted by AudiInProgress
Here's an idea... Stop tinting your front windows in the first place.
A better idea might be to lobby our government officials to change the damn law. (Or at least put some kind compromise on it... some amount ok, but not limo) |
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| GQsmooth |
| I like my tinted side windows, it keeps the sun out of my eyes:D |
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| Dan_Gyoba |
| Meh. I like the sun out of my eyes, too. But $57 will buy me a nice pair of sunglasses. |
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