R. v. Stevenot Date:, 2013 BCPC 91

Citation: R. v. Stevenot Date: 20130423 2013 BCPC 0091 File No: AH74286579-1 Registry: Victoria IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Regina v. Fredrick STEVENOT REASONS FOR JUDGMENT OF JUDICIAL JUSTICE H. W. GORDON Appearing for Crown : Sgt. G. LeBlanc Appearing on his own behalf: Fredrick Stevenot Place of Hearing: Victoria , B.C. Date of Hearing: December 7, 2012

Date of Judgment: April 23, 2013 Introduction [ 1 ] The issue in this case is relatively simple: whether the vehicle driven by the Disputant was insured. The facts however are anything but simple and bring to mind phrases such as: dog’s breakfast, separating the wheat from the chaff and I feel like I am diagonally parked in a parallel universe. In the end, most of the facts are chaff. [ 2 ] Mr. Stevenot is the principal of two companies: F. Stevenot Drilling & Blasting Ltd. (Drilling & Blasting) and Stevenot Drilling Ltd. (Drilling).

On July 1, 2012, he was driving a vehicle apparently registered to Drilling when he was stopped at 10:45 at night on Blanshard Street in Victoria in a Canada Day roadblock where the police were checking vehicles and occupants for liquor before they reached the downtown area. [ 3 ] As a result of the stop, Sgt LeBlanc issued Mr. Stevenot a Violation Ticket with 3 counts: driving without a valid and subsisting motor vehicle liability policy (insurance) contrary to section 24(3)(

b) of the Motor Vehicle Act , not displaying a number plate issued or designated by ICBC to be displayed on that motor vehicle contrary to section 13(1)(

c) of the Act and driving a vehicle with a defective windshield contrary to

section 7.05(1) of the Motor Vehicle Act Regulations . [ 4 ] At trial, he pleaded not guilty to count 1 and guilty to counts 2 and 3. The Legislation [ 5 ] The legislative provisions of relevance are: Motor Vehicle Act Offences 24

(3) A person must not drive or operate a motor vehicle or trailer on a highway unless … (

b) the motor vehicle and the trailer, if any, are insured under a valid and subsisting motor vehicle liability policy evidenced by an owner's certificate. Transfer of motor vehicle 17

(1) If the title or interest of a person in a motor vehicle or trailer registered under

section 3 is transferred, whether by gift, exchange, barter, or sale, the transferor and the transferee of the title or interest must immediately sign a notice of the transfer in the form required by the Insurance Corporation of British Columbia, and the transferee must within 10 days from the day of the transfer deliver the notice to the corporation for registration by the corporation, accompanied by the prescribed fee and the insurance premium in respect of the transfer and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act , the Consumption Tax Rebate and Transition Act ,

section 212.1 or 218.1 or Division IV.1 of

Part IX of the Excise Tax Act (Canada) or the Provincial Sales Tax Act . [ 6 ] Motor Vehicle Act Regulation Removal of number plates on transfer 3.05 Every person who transfers title or interest in a vehicle under

section 17 of the Act shall, before giving up possession of the vehicle pursuant to the transfer, remove the number plates and dispose of them as provided in

section 3.08 or 3.09. Substitute vehicle 3.08

(1) Where a person who has removed number plates pursuant to

section 3.05 and has retained possession of them as provided in

section 3.09 acquires another motor vehicle or trailer of the same class, the owner may display the number plates on the substitute vehicle for a period not exceeding 10 days from the time of acquisition of the substitute vehicle and shall within that period comply with the requirements for licensing the substitute vehicle in his name.

(2) Where a person operates a substitute vehicle during the period not exceeding 10 days referred to in subsection (1) and prior to the owner licensing the substitute vehicle in his name in accordance with that subsection, the operator shall carry, and produce to a peace officer upon request, the following: (

a) the owner's certificate of insurance and vehicle licence that corresponds with the number plates displayed on the vehicle; (

b) the proof of vehicle registered ownership for the substitute vehicle or, if the vehicle is a new vehicle sold by a B.C. registered dealer,

a bill of sale; (

c) a duly completed notice of transfer, signed by both the seller and the buyer as required by

section 17 of the Act.

(3) Where a substitute vehicle is not of the same class as the vehicle for which it is substituted, the owner shall comply immediately with the requirements for licensing the substitute vehicle in his name, and, if directed to do so by the Insurance Corporation of British Columbia, he shall surrender the number plates removed pursuant to

section 3.05 and attach other number plates to the substitute vehicle.

(4) Where a person who is the registered owner of more than one motor vehicle or trailer removes number plates from one vehicle and wishes to display them on a substitute vehicle owned by him, he shall, before doing so, ensure that the requirements for licensing the substitute vehicle, including payment of the fee prescribed in the Motor Vehicle Fees Regulation, are complied with before the vehicle is operated. [ 7 ] Insurance (Vehicle) Regulation Substitute vehicles 52 Where an owner of a vehicle described in an owner's certificate (

a) acquires, during the term of the owner's certificate, another vehicle in substitution for the described vehicle, (

b) transfers title to or interest in the described vehicle, and (

c) removes the number plates from the described vehicle, in accordance with

section 3.05 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58 , and displays them on the substitute vehicle, the coverage evidenced by the owner's certificate applies in respect of the substitute vehicle for a period of 10 days from the day the owner acquires the substitute vehicle. Facts [ 8 ] Here began a fact pattern that makes solving Ernő Rubik’s cube seem like child’s play. [ 9 ] The vehicle Mr. Stevenot was driving was a 1993 GMC pick up truck purportedly registered to Drilling. [ 10 ] Attached to the truck were two different plates. On the front was plate numbered 0928BP.

It had no decal attached to it. On the back was plate numbered 8291KV. It had two decals: 25, signifying the day of the month and Feb 13, signifying an expiry of February 2013 and was numbered 71681917. [ 11 ] Neither of these plate numbers was, as of July 1 2012, issued or designated by ICBC for the 1993 GMC. The Feb 13 decal was issued to plate numbered CJ6537 and was, at the time of issue on February 16 2012, assigned to a 1989 Ford flatdeck truck, also registered to Drilling. The 1989 Ford was transferred on June 25 2012 to Daniel George Watson. Mr.

Watson registered this transfer with ICBC on July 3 2012. [ 12 ] At roadside, Mr. Stevenot produced an ICBC Owner’s Certificate of Insurance and Vehicle Licence (Form APV250L) for thev1989 Ford, stamped with an authorizing issuing office mark, but with the lower Vehicle Registration portion missing. The fact that it was missing is consistent with the recitation of the facts in paragraph 11 . [ 13 ] This Owner’s Certificate showed Drilling as the registered owner, with plate CJ6537, decal number 71681917 and insurance effective February 16 2012 to February 15 2013. [ 14 ] Also at roadside, Mr.

Stevenot produced a completed ICBC Transfer Form (Form APV9T), with all 4 copies intact. The form recorded a transfer of the 1993 GMC pickup from Drilling & Blasting to Drilling. The sale date was recorded as June 25, 2012. As Sgt. LeBlanc pointed out, the date was in a different ink than all of the remaining writing on the form. Mr. Stevenot was not cross examined on the different ink. [ 15 ] This purported transfer appears never to have been registered with ICBC. All four copies of the form remain intact and the form has not been completed or stamped by ICBC.

Further, it appears from the ICBC certificates referred to in paragraph 18, Drilling was the registered owner of the 1993 GMC from at least November 16 2011. [ 16 ] Sgt. LeBlanc concluded from these documents that the 1993 GMC pickup truck was not insured and charged Mr. Stevenot with count 1. He seized the two plates attached to the pickup, the Owner’s Certificate and the Transfer Form. He provided Mr. Stevenot with copies shortly after. [ 17 ] At trial, Sgt. LeBlanc tendered 3 Vehicle Registration and Licencing certificates from ICBC, each related to one of the licence plates.

Each certificate was as of October 2012. [ 18 ] Plate number 0928BP expired February 15 2012, was assigned by ICBC to the 1993 GMC pickup, whose registered owner was

shown as Drilling. [ 19 ] Plate number 8291KV expired April 16 2011, was assigned by ICBC to the 1989 Ford flatbed, whose registered owner was shown as Drilling. [ 20 ] Plate number CJ6537 expired February 15 2013 but terminated on July 3 1012, was assigned by ICBC to the 1989 Ford flatbed, whose registered owner was shown as Drilling. [ 21 ] There is further evidence to potentially complicate the analysis. [ 22 ] Sgt.

LeBlanc filed a printout of BC Company Summaries from BC Registry Services for Drilling and for Drilling & Blasting. [ 23 ] Drilling is shown to have been dissolved on June 11 2012 for failing to file since February 25 2009. [ 24 ] Drilling & Blasting is shown to have been dissolved on December 3 2012 for failing to file since November 4 2009. [ 25 ] At trial, Mr. Stevenot produced several more documents. [ 26 ] Mr. Stevenot produced another completed ICBC Transfer Form (Form APV9T), marked as the “Buyer’s Copy”. This form transferred the 1989 Ford flatbed from Drilling to Daniel George Watson.

The date of sale was recorded as June 25 2012. Its bottom portion was completed and signed by an Autoplan agent and stamped by the agent on July 3 2012, indicating that the buyer transferred the registration of this vehicle on July 3 2012. [ 27 ] No evidence was adduced as to why Mr. Stevenot, as principal of the seller, had this stamped copy, which one would expect only the buyer would have. Analysis [ 28 ] Much of the facts are chaff. They are interesting chaff, but chaff nevertheless. The question is, did Mr. Stevenot comply with

section 52 of the Insurance (Vehicle) Regulation so as to effectively transfer the insurance coverage on the 1989 Ford to the 1993 GMC? [ 29 ] It is under the authority of

section 52 of the Insurance (Vehicle) Regulation that insurance coverage on one vehicle is temporarily applied to another vehicle.

Absent that provision, insurance coverage is vehicle specific, except for such special situations like fleet insurance. [ 30 ] Where 3 conditions are met, the coverage of the previous vehicle applies to the newly acquired vehicle for 10 days from the day the owner acquires the newly acquired vehicle. [ 31 ] Those three conditions are: -the first vehicle is transferred to someone else -the vehicle owner acquires another vehicle in substitution, -the vehicle owner removes the number plates of the first vehicle and displays them on the newly acquired vehicle. [ 32 ] Whether all that occurred in respect of purported transfers and use of number plates was jiggery-pokery, or just carelessness, on the part of Mr.

Stevenot, I do not have to decide. [ 33 ] There are 3 conditions precedent before the insurance on the disposed of vehicle applies to the newly acquired vehicle in the 10 day period. [ 34 ] Drilling met one and possibly 2 of those conditions but clearly not the third. [ 35 ] Drilling disposed of the 1989 Ford. Drilling purportedly acquired the 1993 GMC in substitution for it.

The condition Drilling clearly did not meet was displaying on the 1993 GMC the number plates to which ICBC had issued or designated to be displayed on the 1989 Ford, the only vehicle which was insured. [ 36 ] This failure to comply with this third condition is more than a mere trifle. The number plate, with the current decal attached, is a significant aspect of the insurance coverage. And the facts of this case do not display an indicia of due diligence on the part of Drilling or Mr. Stevenot. Decision [ 37 ] I therefore find Mr.

Stevenot guilty of driving the 1993 GMC on July 1 2012 without a valid and subsisting motor vehicle liability policy, contrary to section 24(1)(

b) of the Motor Vehicle Act . [ 38 ] As a result of this decision, I do not have to decide whether the corporate status of Drilling on June 25 2012 affects the issue. [ 39 ] Mr. Stevenot is at liberty to apply to the Registry within 30 days of this judgment for a hearing on the amount of the fine. Otherwise, the fine is the ticketed amount, $598.

______________________ H. W. Gordon Judicial Justice