[Chris Martino]

From the Canadian Federal Courts website, The Honourable Madam Justice Simpson said:

[38] While I have sympathy for Transport Canada’s position. It is hard to see that safety concerns justify Transport Canada’s view that the Container’s Contents are vehicles when as a hobby, a person can buy a car kit, locate donor parts from wrecking yards and other sources and assemble an operational car without any oversight by Transport Canada. These homemade vehicles which are cobbled together with parts from a variety of sources are legally driven on our roads if they pass provincial safety certification and registration requirements which are designed to ensure that cars are safe before they are driven. These requirements also apply to kit manufacturers cars.

[39] I cannot conclude that safety considerations justify the very broad approach to the word “capable” suggested by Transport Canada. It simply cannot be the case that the Container’s Contents, which lack wheels and an engine, can be said to be readily capable of being driven when their assembly, even in a short time, could reasonably be expected to involve several days work by experts using specialized equipment.

[40] In my view, to be readily capable of being driven, a vehicle, when imported, must have an assembled body/chassis and an installed power train so that with a minimum of activity, including steps such as the addition of fuel and washer fluid, the inflation of tires, affixing mirrors and other minor parts removed or not installed for shipping and adding a battery, the vehicle is immediately capable of being driven. This conclusion means that Transport Canada overreached its authority when it took the position that the Container’s Contents which included two partly assembled chassis/frames with no wheels and no engines were capable of being driven on a road.

No wonder people get so confused about this topic, who's to believe anymore?


Chris