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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 11-04-2013, 08:03 PM   #1
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window tint question

got a question for my friend who just bought a used car last month from the richmond honda dealership. today she received a ticket for illegal windows tint being an international student who just moved here she had no idea about the windows tint being illegal. is that a valid excuse to dispute? i mean paying the fine is not that big of a deal but just feels like she's getting screwed over by the dealership taht sold her the car.. the dealership never mentioned anything to her about she'll have issues with the windows tint. she actually complained before about the tint too dark in the car but they dealership told her it's fine shouldn't affect her. and is it possible for her to go back to the dealership to complain and get them to remove the windows tint? since they sold her a car that's not technically legal in the street?
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Old 11-04-2013, 08:27 PM   #2
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She got a ticket for having illegal tint? Like with a dollar value on it? When I got my ticket for that it was just a notice to remove the tint and demonstrate to the local PD that I had removed it.


I'm sure the dealer would remove the tint if she asked. But I doubt there is a dollar value associated with the ticket...
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Old 11-04-2013, 08:27 PM   #3
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Not knowing the window tints are illegal is not a valid excuse. She's responsible for knowing what's right and wrong.
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Old 11-04-2013, 09:27 PM   #4
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Was the car certified pre-owned?

It's not too far of a stretch for a consumer to assume that a certified pre-owned Honda (hypothetically) will comply with all laws and safety requirements of the municipality within which it was sold.
I would definitely go back and talk to the manager, if it was certified pre-owned, I'd be especially pissed.

If it was a kingsway/surrey used car lot, cut your losses and just remove the tint.

edit; just re-read that it was richmond honda.

the whole justification for no-tint in BC is because it's a safety issue for making eye contact between drivers/drivers and pedestrians. If a dealership is selling you an unsafe car, they need to step in and rectify the issue.
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Old 11-05-2013, 06:49 AM   #5
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Motor Vehicle Act Regulations:

Quote:
Schedule

Standards for the Approval of a Motor Vehicle
....snip.......


Glazing and mirrors
29 The windshield and windows of a vehicle shall comply with the requirements of section 7.05 of the regulations.

The windshield or windows of a vehicle shall not be cracked, broken, clouded or otherwise damaged or defective so as to impair the vision of the driver.
Without restricting the generality of the foregoing, the following glass defects shall be considered as causing vision impairment:
(a) a defect in the area extending from the left side of the driver's side 500 mm toward the centre and extending over 75 mm down from the top or over 75 mm up from the bottom, excepting small stone injuries of 6 mm or less;
(b) a crack over 300 mm long in any part;
(c) more than 2 cracks over 150 mm long in any one piece of glass;
(d) stone or shot injuries more than 40 mm in diameter;
(e) two or more stone or shot injuries over 20 mm in diameter in any one piece of glass;
(f) more than 75 mm clouding around the edge;
(g) any clouding on the driver's side;
(h) broken glass showing sharp edge;
(i) cracked, broken or clouded forward of a line parallel with the driver's shoulder;
(j) broken or clouded to such an extent that the driver is unable to see clearly 60 m to the rear.
Material which reduces the light transmitted by a window or windshield shall not be placed on a windshield more than 75 mm below the top or on a window other than a side window to the rear of the driver.
A motor vehicle shall be equipped with mirrors as required by section 7.04 of the regulations.
A mirror shall be securely mounted and shall not offer unsafe interference with the driver's vision.

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Motor vehicles
8.01 No person who is engaged in the business of selling motor vehicles shall keep for sale, or sell or offer for sale, any new or used motor vehicle unless the motor vehicle is equipped as required by these regulations.
The long and short of it is that they can not sell you a defective vehicle. Your friend has every right to bring the ticket and the car back to the dealership and demand the tint be removed and that they cover the cost of the ticket. Whether or not they do it is another story.
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Old 11-05-2013, 06:52 AM   #6
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Quote:
Originally Posted by meme405 View Post
She got a ticket for having illegal tint? Like with a dollar value on it? When I got my ticket for that it was just a notice to remove the tint and demonstrate to the local PD that I had removed it.


I'm sure the dealer would remove the tint if she asked. But I doubt there is a dollar value associated with the ticket...
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There is a dollar value if ticketed for having illegal tint, instead of being given a Notice and Order to repair the defect.

"Tinted Windows [film] S. 7.05(8) MVAR $109" is probably what the ticket says.
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Old 11-05-2013, 08:16 AM   #7
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I knew a certain dealer nearish to me who would re-install the tint for free up to 3 times after drivers of cars they sold got tickets. I used to issue a #2 inspection which would require the removal. Another dealer right here tried getting around the consequences by having the car taken to the tint installer after the sale, have it ilegally tinted & have the customer take final delivery at the dealership. Unfortunately to the dealer, he forgot about..

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

The dealership owner, the sales manager and the parts & service manager all were aware of the law but chose to ignore it. I, and other Members, had discussions with them about it. They also did defective inspections and passed cars with tinted windows. The dealership that sells the cars is required to know about the tinting. Every time I encountered one of their vehicles that was defective I reported it to MVB for action. The mechanic who passes any defective vehicle is subject to a $345 ticket for each one. I assume the owner of the dealership or employee would also be.
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Old 11-05-2013, 09:59 AM   #8
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I would go back to the dealership with the ticket and ask for them to remove the tint and pay for the ticket.

I got a ticket for front tint before cause the cop didn't know that cars come in the factory with green tinted glass. The dealership gave me a letter which I showed the officer and he cancelled the ticket for me when he realized his error. The officer actually saved me money cause I was on my way to pick up my gf at the airport. If he didn't stop me to give me the tinted window ticket at the roadblock, I would have got to the airport too early and pay a lot for parking. Instead, I got there right on time to pick her up.
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Old 11-06-2013, 03:17 PM   #9
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thanks i'll ask her to go back to her dealer to deal with it. it is a certified pre owned vehicle. now i wonder if they'll say she put the tint on after she bought it lol
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Old 11-06-2013, 11:57 PM   #10
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If the tint was on the car, as a dealer, who has to adhere by specific laws to make sure a vehicle is roadworthy, they are OBLIGATED to remove anything that would be deemed illegal on the vehicle prior to sale. (I work for a dealer).

She needs to take the car back, have the dealer remove the tint, and compensate her for the ticket.

If she has an issue, refer to the salesperson that sold her the vehicle.

also, try to find any pics on the vehicle during its sale period (ads, etc. dealers usually all have a record of this).
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Old 11-07-2013, 05:52 AM   #11
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If the dealership refuses then there is always small claims court, BBB complaints etc.
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Old 11-07-2013, 07:47 AM   #12
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Quote:
Originally Posted by wing_woo View Post
I would go back to the dealership with the ticket and ask for them to remove the tint and pay for the ticket.
This.

To sum it all up for the OP, IT WAS ILLEGAL FOR THE DEALER TO SELL THE CAR TO YOUR FRIEND IN THAT CONDITION.

1. Print this thread
2. Highlight sho_bc and zulutango's posts
3. Take it back to the dealer along with the ticket
4. ???
5. PROFIT!
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Old 11-09-2013, 03:02 PM   #13
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Is there a way to find the old stock photo of the car? All the photo I found of the car the front 2 windows are rolled down.. Go figure.. Anyways is there way to recover the picture?
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Old 11-10-2013, 08:01 AM   #14
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A further piece of info on this sale, to add to my previous posts...the BC Motor Dealer Act Regulations requires the dealership to guarantee that the car they sold meets the legal requirements of the MVAct, and they must state this in writing on the sales contract. If this was stated on the contract as required by law and the car had tint on the windows as you described then he is now uttering a false doccument as well.

Content of sale or purchase agreement (used vehicles)

(2) Where a motor dealer makes a written representation in the form of a sales or purchase agreement respecting the sale by him of a used motor vehicle, he shall include the particulars required for a new motor vehicle under subsection (1) and

(a) any documentation or transfer fee,

(b) the recorded odometer reading at the time of sale,

(c) the name of any jurisdiction known to the motor dealer other than British Columbia in which the motor vehicle has previously been registered,

(d) an itemized list of any repairs to be effected and the additional cost, if any,

(e) a statement that the motor vehicle complies with the requirements of the Motor Vehicle Act, and


(f) in the case of a motor vehicle not suitable for transportation a statement to that effect.

(2.1) Repealed. [B.C. Reg. 241/2004, Sch. 1.]

(3) A motor dealer shall give a duplicate copy of the sales or purchase agreement to the purchaser or seller, as the case may be, at the time it is accepted by the motor dealer.
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