Quote:
Originally Posted by Hockeyguy15
So my analogy is bad, but your analogy about fixing your car and getting a ticket for doing so isn't? Come on now, pot meet kettle.
http://www.qp.alberta.ca/documents/Regs/2009_122.pdf
You can't claim that you cannot get a ticket because your car is on "private property". Private property or not if it's against the law it's against the law, regardless how dumb you think the law is.
Also the ticket he got was a non-moving violation, which is the not the same as a moving violation.
|
Yes, my analogy was pretty much dead on, it's an extreme example of the same situation. Vehicle not being operated, on private property, which does not meet the standards set out in the equipment regs. Meanwhile, again, yours completely fails to recognize the difference between a traffic offence and a criminal code offence and the policy underlying each regime.
You quote a regulation to me without bothering to post the enabling statute. All the reg provides is the standards to use in enforcing the actual law. Here it is:
Quote:
65
(1) Except as otherwise permitted under this Act, a person shall
not do any of the following:
drive or operate a vehicle on a highway unless that vehicle
complies with the vehicle and equipment standards set out
in the regulations in respect of that vehicle;
(b) permit another person to drive or operate a vehicle on a
highway unless that vehicle complies with the vehicle and
equipment standards set out in the regulations in respect
of that vehicle;
(c) where that person is the owner of a vehicle, drive or
operate the vehicle on a highway unless the vehicle and its
equipment are maintained
(i) in good working order, and
(ii) in a condition that meets the requirements of this
Act;
(d) drive or operate a vehicle on a highway unless the vehicle
and its equipment are used in a manner or as prescribed or
provided for by regulation;
|
Again, it's not against the law to have tinted windows, or to have a car with no headlights, or to have a car equipped with a giant helicopter blade on top for that matter. It's against the law to fail to meet certain standards set out in the regulation WHILE engaging in the actions described in the Traffic Safety Act.
EDIT: GGG is also right - the regulation does internally provide in ss.70 to 72 things you can't do. It then stipulates that failing to follow those rules is an offence in s.115. This has no particular effect on its own, except that the Traffic Safety Act in s.157(1)(b) says that anyone who does anything that a regulation under the Act says is an offence commits an offence under the Act. So the items quoted by GGG are also incorporated into the TSA.