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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 02-13-2011, 04:30 PM   #1
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adjustable suspensions @ car shows/meets

hey skidmark,

Have you heard of other LEO's giving out VI's because someone with adjustable suspension (hydraulics, or air ride) left there car parked in an unusual way( left side fully aird up, right dumped)

or do they usually just let it slide as long as theres no adjusting while on the fly?
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Old 02-13-2011, 05:16 PM   #2
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I think that if the controller is accessible to the driver you are in for problems. What you do when parked is up to you if you park legally, especially if the suspension controller is in the trunk.
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Old 02-13-2011, 06:35 PM   #3
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thanks, ill be sure to keep my switches in the trunk
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Old 02-14-2011, 06:42 AM   #4
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Division 7D — Manual Suspension Control Prohibition

Prohibition
7D.01 (1) A person must not drive or operate on a highway a vehicle that has a gross vehicle weight rating of less than 4 500 kg if the vehicle's suspension can be independently controlled by a person riding in the vehicle while it is being driven or operated on a highway.

(2) Subsection (1) does not apply to a vehicle equipped with a suspension controller accessible in the passenger compartment provided the controller is designed and installed by the original vehicle manufacturer at the time of manufacture.
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Old 02-14-2011, 09:03 AM   #5
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So basically as long as no switches in cabin = legal?

That's what I gather from those laws
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Old 02-14-2011, 08:35 PM   #6
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Originally Posted by baggdis300 View Post
So basically as long as no switches in cabin = legal?

That's what I gather from those laws
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Not quite... these are some of the requirements in the MV Regs...if you remove any of thse parts to install the hydraulics then it is not legal...and if your alignment etc is not within specs then you are not legal. Cycling the system will likely mean that your alignment is not correct every time...and if you meet the standards the system must also be designed and certified by Transport Canada for "on road use".


"Shock absorbing devices shall not be missing, disconnected or inoperative.

Power steering devices shall be installed, adjusted and maintained according to the manufacturer's specifications.

The play about either the horizontal or vertical axis of either front wheel of a vehicle having a GVW in excess of 4 000 kg shall not exceed 12 mm measured at the tread surface of the tire.

Torque arms, U-bolts, spring hangers or other axle positioning parts shall not be cracked, broken, loose or missing.

Not more than one leaf or more than 1/4 of the leaves, whichever is the lesser, or the main leaf in any leaf spring assembly shall be broken or missing.

A torsion bar assembly or torque arm or any part used for attaching it to the vehicle frame or axle shall not be cracked or broken or have any part missing.


and to top it all off...if you have modded the vehicle so that the height is either 4 inches higher or lower than stock, it must pass a complete inspection which will fail you if parts are missing, alignment out of whack, uncertified system etc.
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Old 02-14-2011, 09:41 PM   #7
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haha, im completely legal, other than the fact its not certified for road use...

and good thing the bags only give me 4" of adjust ability
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Old 02-15-2011, 05:53 AM   #8
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So are all your suspension parts still there...springs, torsion bars...and is your wheel alignment to specs and you have nothing lower than your wheel rims when deflated? The system needs to be also certified for street as you say yours is not. I guess you take your chances.
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Old 02-15-2011, 03:38 PM   #9
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air suspension only replaces the springs and shocks like a set of coilover just it can be adjusted on the fly, systems are supposed to be wired so you can't control while the car's not in Park, but imo it's more dangerous if you can't even raise it up when it's leaking...

Some parts may be DOT approved or even stock as you can use OEM shocks, but never the entire system, yet you can pass inspection with it, it depends on if the guy that did the inspection know and how s/he interprets the law... yet, police if they know about it may 1. give you ticket for stunting, 2. tow your car, 3. issue a VI, or 4. let you go, it again depends on the officer. I was in Winnipeg where air suspension is in many cars and trucks, yet nobody really gives much thoughts about them...
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Old 02-16-2011, 08:13 AM   #10
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You may get some inspector to pass an illegal system but it should not pass and the inspector is subject to loosing his inspection licence and getting fined for each faulty inspection. The VT for defects and another proper VI, tow job and loss of vehicle are the chances you take, along with any consequences of an illegal system failing while you are driving. Traffic injury lawyers would lovvvvve to have an illegally modded car involved in a crash that they are suing for. Trust me on this.

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Old 02-17-2011, 07:26 AM   #11
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So are all your suspension parts still there...springs, torsion bars...and is your wheel alignment to specs and you have nothing lower than your wheel rims when deflated? The system needs to be also certified for street as you say yours is not. I guess you take your chances.
yeah, i have EVERY part that came stock on my suspension other than a coil spring, as it was replaced by an air spring
when on stock wheels i can drive completely air'd out with no rubbing. as the is300 has some DEEP fender well's and now the JDM fenders are about 10mm wider so i have even MORE room up front
if anything, the new bagovers are stiffer due to an aluminum bushing instead of steel/rubber
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Old 02-17-2011, 07:30 AM   #12
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Zulutango

I think I have seen you post things about suspension parts being “certified” before, or being “approved for street use by transport Canada”.

Can you please give some more information on this? Is there a label we can look at to check to see if our parts are “certified”? Where would we find this on an OEM part, or an aftermarket part? If not, is there some kind of listing we can look at? There must be this information if both officers and VI stations can see that parts are certified or not certified, is it available to the public as well?
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Old 02-17-2011, 12:40 PM   #13
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Zulutango

I think I have seen you post things about suspension parts being “certified” before, or being “approved for street use by transport Canada”.

Can you please give some more information on this? Is there a label we can look at to check to see if our parts are “certified”? Where would we find this on an OEM part, or an aftermarket part? If not, is there some kind of listing we can look at? There must be this information if both officers and VI stations can see that parts are certified or not certified, is it available to the public as well?
I would suggest you consult the provincial insdpection manual for specific details. I don't have a copy but an inspection station would have one. They are the ones that must have the standards on hand so that they can aprove their use and pass the vehicle. It is my understanding that there actually are no systems approved for on road use. There may be individual parts of the systems that meet standards but I don't believe that there are any complete systems approved unless they come from the vehicle manufacturer.

A real problem with a system that permits the vehicle height to be raised and lowered is having the vehicle be compliant at all possible heights. Headlight heights, front end alignment, ground clearance etc all are altered each time the system is cycled. The vehicle must be 100% compliant 100% of the time it is on a "highway" to be legal in BC. This is likely the problem with coming up with a certified 'on-road" legal system.
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Old 02-17-2011, 02:31 PM   #14
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Zulutango

I admit, this was a bit of a loaded question, but I appreciate the answer you gave. I was wondering how you would word it. Sorry if that was a bit of a slime ball move by me

Without going into details, because it goes way off topic of this thread, your right. No aftermarket part is certified for “road use” here in Canada. But no OEM part is "certified for road use" either. There is no testing or specific certification program for these parts by transport Canada for OEMs or for the aftermarket. TC has guidlines and regs that need to be followed, but no program to test each and every suspension product to certify it over another product.

Again, thanks for answering, was curious what the answer would be from someone involved in law enforcement, and you specifically as you seem to answer questions about suspension a lot.
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Old 02-17-2011, 06:19 PM   #15
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Some manufacturers who make illegal equipment like overwatt bulbs, tail light covers, HID conversion kits etc may say somewhere in very small print that it is for "off road use", trying to avoid legal problems. Here in BC it is illegal under the Regs to stock & sell equipment that does not meet the Regs. Any new vehicle sold in Canada has to meet Federal standards so that the OEM parts on them, as a complete package, are legal. When you go beyond the OEM stuff you get into varying shades of quality/legality. Many of the aftermarket manufacturers don't care their stuff is not legal and in some cases not even safe or of poor quality. Some will even say "DOT approved" when it certainly is not, nor has even been properly tested to see if it meets Federal standards for compliance and quality. Unlike the vehicle manufacturers, their stuff doesn't have to meet any standards. The onus is on the seller and the user and that usually comes to light when a problem arises. Guess who gets screwed when it does?

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.Canada Safety Standards223 (1) A manufacturer or distributor of a motor vehicle or trailer manufactured in British Columbia for sale in British Columbia and a dealer must not sell, offer for sale, display for sale or deliver over to a person for use a new motor vehicle or trailer of a class prescribed by the Motor Vehicle Safety Act (Canada) unless the motor vehicle or trailer and its components comply with safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations under it, bear the National Safety Mark and display the statement of compliance as required by those regulations.

(2) A distributor or dealer must not modify or alter a new motor vehicle or trailer, or exchange components of a new motor vehicle or trailer of a class for which standards are prescribed, in a manner that the motor vehicle or trailer does not comply with the safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made under it.(3) The Lieutenant Governor in Council may make regulations prohibiting

(a) the installation of components in a motor vehicle or trailer or the removal or alteration of any components of a motor vehicle or trailer if the installation, alteration or removal affects or is likely to affect the functioning of the motor vehicle or trailer so that it no longer meets the safety standards that were, at the time of its first retail sale, applicable to it and its components under the Motor Vehicle Safety Act (Canada),

and
(b) the operation, driving or parking on a highway of a motor vehicle or trailer in which a component has been installed or altered or from which a component has been removed contrary to a regulation made under paragraph (a).
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Old 02-17-2011, 10:02 PM   #16
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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.
There must be more to it than just this (ie. certain exemptions), because taken alone, this would prohibit any transfer of track-only or show-only vehicles that would normally be trailered to their destination.
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Old 02-18-2011, 07:29 AM   #17
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"use a motor vehicle, trailer or equipment for them that is not in accordance with this Act and the regulations"


My take on this is that IF a vehicle was to be only used "off road" then it would not have to be "in accordance with the act & regulations". The requirement only comes into play when the vehicle is to be used on a "highway" as defined in the act, regs, etc etc...yadda yadda.


Canada Safety Standards
223 (1) A manufacturer or distributor of a motor vehicle or trailer manufactured in British Columbia for sale in British Columbia and a dealer must not sell, offer for sale, display for sale or deliver over to a person for use a new motor vehicle or trailer of a class prescribed by the Motor Vehicle Safety Act (Canada) unless the motor vehicle or trailer and its components comply with safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations under it, bear the National Safety Mark and display the statement of compliance as required by those regulations.

(2) A distributor or dealer must not modify or alter a new motor vehicle or trailer, or exchange components of a new motor vehicle or trailer of a class for which standards are prescribed, in a manner that the motor vehicle or trailer does not comply with the safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made under it.

(3) The Lieutenant Governor in Council may make regulations prohibiting

(a) the installation of components in a motor vehicle or trailer or the removal or alteration of any components of a motor vehicle or trailer if the installation, alteration or removal affects or is likely to affect the functioning of the motor vehicle or trailer so that it no longer meets the safety standards that were, at the time of its first retail sale, applicable to it and its components under the Motor Vehicle Safety Act (Canada), and

(b) the operation, driving or parking on a highway of a motor vehicle or trailer in which a component has been installed or altered or from which a component has been removed contrary to a regulation made under paragraph (a).


The only requirement for an off road motor vehicle while on a highway is that it have a VIN number on it, the absence of which constitutes an offence under the Criminal Code and it is deemed to be a stolen vehicle until the owner proves otherwise.

354. (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from

(a) the commission in Canada of an offence punishable by indictment; or

(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

Obliterated vehicle identification number
(2) In proceedings in respect of an offence under subsection (1), evidence that a person has in his possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, and that such person had the motor vehicle or part, as the case may be, in his possession knowing that it was obtained,

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Old 02-18-2011, 07:40 AM   #18
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The only requirement for an off road motor vehicle while on a highway is that it have a VIN number on it, the absence of which constitutes an offence under the Criminal Code and it is deemed to be a stolen vehicle until the owner proves otherwise.
Interesting... wonder if any stock-car teams have ever been hassled over this.
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Old 02-18-2011, 08:21 AM   #19
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I never bothered to check one on a trailer...would rather watch them race...or drive one myself...yes I did race a few times but gave it up because of the mandatory "Lucky slamming" training regime.
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Old 02-18-2011, 10:38 AM   #20
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I never bothered to check one on a trailer...
That's because you have half a brain.
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Old 02-18-2011, 12:09 PM   #21
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At least some of us have an entire functioning half brain...unfortunately in my case it's the lower half....
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Old 02-20-2011, 01:16 PM   #22
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..yes I did race a few times but gave it up because of the mandatory "Lucky slamming" training regime.
it gets awesome after 44 seconds
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