NOW YOU CAN HAVE YOUR MILITARY VEHICLES INSPECTED
Please read the complete update.
Ex-Military Vehicle Inspection Status Aug15.24
Military vehicles were not built for public roads and there is no safety compliance sticker which is required to be registered on a public roadway.
CVSE issued a bulletin which stated in principle that they were not eligible for a mechanical inspection. It was recently tested in court and here is what we know.
We understand that most people just want to know, that they can have their ex-military vehicle inspected a prerequisite for registration.
For those that want more details, here is what we were able to assemble for you.
MVAR Div 22a covers the Collector Plate Program
MVAR Div 25 is what the ex-military vehicles were governed by.
Summary of Blueleader Enterprise Ltd. v. Director of Commercial Vehicle Safety: 2024 BCSC 850 Blueleader Enterprises Ltd. v. Director of Commercial Vehicle Safety (bccourts.ca)
Blueleader sought judicial review of two information bulletins issued by the Manager of Vehicle Inspection and Standards, arguing they were unreasonable and beyond statutory authority.
The bulletins were deemed regulatory and subject to judicial review, as they established rules not directly derived from existing regulations.
Bulletin #1 provides that ex-military vehicles that were not designed to conform with the CMVSS must not be inspected under Part 4 of Division 25 of the MVAR.
Bulletin #2 provides that a “non-conforming ex-military vehicle” must not be inspected under Part 4 of Division 25. It defines a non-conforming ex-military vehicle as a vehicle that was not designed to conform to the CMVSS for vehicles designed for use on a highway, as evidenced by the absence of a CMVSS or FMVSS label of compliance. The judge in the ruling pointed out that the term “non-conforming ex-military vehicle” is not defined anywhere in the regulations but was just a creation of the bulletin.
The court quashed the bulletins, ruling that the Manager lacked the statutory authority to issue them.
This ruling now allows ex-military vehicles to be inspected.
Does the above court decision result in a change to the Collector Vehicle program?
No. It has NO effect on the program we value and enjoy.
The Collector Vehicle Program is governed by and administered in accordance within Div. 22A of the Motor Vehicle Act Regulations and was not even discussed in the supreme court decision.
A collector motor vehicle is clearly defined in regulations. Any change to the scope of the program will require a change in regulations. (Order in Council is required, which is part of a political approval process.)
Due to the long history, WE the SVABC has in working with / partnering with ICBC to deal with proposals or interpretation over the years, we are confident that future changes to the collector vehicle program would be considered in consultation with the SVABC.
The SVABC represents a good cross section of the hobby Clubs and non Club members and with your support will continue to do so.
Your support is greatly appreciated
Gordon Mathies Pres
Bob Kelly VP
SVABC
bobsuek@shaw.ca
250-488-5646