AMVIC License Number: Address: VEHICLE INFORMATION. Year: FITNESS ASSESSMENT. As required by Vehicle Inspection Regulation (A/R /). send a completed Manual Registration form (attached) to the Vehicle Safety Section. This new and improved Automotive & Light Truck Inspection Manual is available free of charge, from the AMVIC: Alberta Motor Vehicle Industry Council. MECHANICAL FITNESS ASSESSMENT As required by Vehicle Inspection Regulation (A/R /) Dealer: AMVIC License Number: Address: VEHICLE .
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Amfic was found guilty of misleading and deceiving the customer by representing that the Mazda she bought was in roadworthy condition, but not guilty of the other two offences. However, she held that the used car dealer could not rely on the Mechanical Fitness Assessment for its opinion on roadworthiness because that Assessment did not speak to roadworthiness.
A car buyer should not rely on that Assessment either. The Mechanical Fitness Assessment is yet another disappointment in the operation of the amviic Alberta Motor Vehicle Industry Council AMVICwhich regulates motor vehicles, including their sale and repair, as well as the licensing of dealer and repair facilities in Alberta.
In Junethe customer who eventually purchased the Mazda, which hadkilometers on it, visually inspected the car and took it for a short test drive. The customer assumed that The Fast Lane had performed a vehicle inspection and took responsibility for ensuring the fitness of the vehicle. Therefore, she assumed that anvic did not need to get an independent assessment.
The day after she bought the Mazda, the car would not start. The battery was the original one and a new battery was needed. Just two weeks later, after driving about kilometers, the Mazda suddenly stopped and would not start again. After unsuccessfully trying torm give the car back to the Fast Lane, the customer parked the car.
You Can’t Rely on a Motor Vehicle’s Mechanical Fitness Assessment
A month later, in Augustthe customer was moving and tried to drive the Mazda from her old home to her new home. There was a sudden bang, oil spilled all over the inspectio and rorm engine quit. The Mazda was towed to her new home and never driven again; it does not start and is not driveable. A piece of metal was found in the engine block and an independent mechanic told the customer a new engine was needed.
Judge Lamoureux found that at the time of the sale inspectin Mazda was not roadworthy and was not fit for the purpose for which it was intended at para 9. The only assessment of the vehicle that was done before it was sold by The Fast Lane was the Mechanical Fitness Assessment at para 6. An officer from AMVIC testified that the Mechanical Fitness Assessment is a condition precedent to sale of a used vehicle by a licensed dealer to a consumer. The Mechanical Fitness Assessment is completed by a certified journeyman technician and prepared for the dealer and, eventually, the buyer.
That one-page form, which is available hereprovides spaces to input all of the information required by section 15 1. According to Judge Lamoureux:. The Mechanical Fitness Assessment form does require an assessment of the components of the powertrain that Judge Lamoureux listed, but not the engine. The problem which Judge Lamoureux pointed out is that the Vehicle Inspection Regulation does not set any standards for judging the powertrain components.
Why the year-old battery in this case was assessed as complying, and with what it was supposed to comply with, is not specified. The Vehicle Inspection Regulation certainly does set standards or criteria for assessing many of the things listed on the form: See sections 4 to 83 of the Vehicle Inspection Regulation for the entire list of standards and criteria.
Because of the peculiar disconnect between the Vehicle Inspection Regulation and the Mechanical Assessment form, Judge Lamoureux determined that the Mechanical Fitness Assessment is not a representation that the engine and the powertrain of the vehicle are roadworthy or fit for the purpose of operating on a highway at para The Fast Lane was found guilty not because it relied upon the Mechanical A,vic Assessment and, by giving it to the customer, induced her to rely on it as well.
And it was fprm latter representations that were misleading and deceptive and therefore contrary to section 6 4 a of the Fair Trading Act. For used car dealers, the lesson to be flrm from this case is that they should not make any representations about the roadworthiness of their used cars.
And they should rely on a sales contract that excludes liability under the Sale of Goods ActRSAc S-2section 16 2which would otherwise imply a condition into the contract that the goods sold are reasonably fit for the particular purpose for which the goods are required.
For customers buying vehicles from used car dealers, they should not be taken in by the seeming comprehensiveness and meaningfulness of the Mechanical Fitness Certificate.
You Can’t Rely on a Motor Vehicle’s Mechanical Fitness Assessment |
They should have an independent assessment done by their own mechanic. The Vehicle Inspection Regulation and the Vehicle Equipment Regulation do not provide much in the way of protection for the buyer of an ordinary used vehicle not out-of-province and not salvage.
More interestingly, as Charles Rusnell notes, the lawsuit makes a broader claim that Service Alberta failed to properly oversee AMVIC when it did not make sure that AMVIC corrected the serious deficiencies in its policies and operational conduct identified in previous government reviews.
The review is expected to take three to four months and then Cuff will recommend what, if any, changes the province should make to AMVIC. Whether this review by the NDP will lead to better results than did the previous three reviews by the Progressive Conservative government remains to be seen. This post may be cited as: Follow us on Twitter ABlawg. The current CEO has been removed and Cuff recommended the new CEO have reduced responsibilities, focused on administering the organization, with a new position of Registrar to take care of enforcing regulations.
According to Judge Lamoureux: About Jonnette Watson Hamilton B. Member of the Alberta Bar.
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