Some pros and cons of buying a police cruiser

Eric Lai

SPECIAL TO THE STAR

Q: When figuring the value of a used car for provincial sales tax, paid when registering the vehicle, does the government take into account if it's a used police/taxi vehicle and therefore, worth considerably less than it if weren't?

A: Scott Blodgett, a media relations officer for the Ontario Ministry of Finance and Ministry of Revenue, replies:

For persons purchasing vehicles in less-than-excellent condition (including former police cars and taxis), with a Red Book value of $1,000 or more, an appraisal from a qualified appraiser will be accepted by motor vehicle licensing agents at the time of registration.

Retail sales tax (8 per cent) will be collected on the higher of the actual price paid or the appraised value.

Eric Lai adds:

Of course, if the appraised value were higher, you'd be foolish to present it to the Ministry, instead of the bill of sale, when paying the tax due. On vehicles bought from a licensed car dealer, retail tax is collected at time of sale (not at the licensing office) based on the purchase price amount.

Q: I'm considering buying a former police cruiser as a used car. Is it true that municipal police departments are self-insured, so crash damage may not be reported outside the agency and doesn't show up on vehicle history reports?

A: Don Stewart, an information officer for the Insurance Bureau of Canada, replies:

While we can't speak for all police departments, we believe most have insurance for their vehicles with the Municipal Insurance Exchange or private insurers. This means that Direct Compensation Claims (when a third party is responsible for the accident) would find their way into the records.

On the other hand, we believe most police forces do not carry collision coverage and, therefore, there would be no record of at-fault collision losses to the police vehicles.

Q: Am I correct that when a Highway Traffic Act charge says "not in safety" (i.e. change lane – not in safety; turn – not in safety), that an actual crash has to occur and that near-misses don't count?

In traffic court recently, I observed a case against a left-turn lane driver who had jumped the queue and completed his left turn around the car ahead of him (also waiting to turn left) inside a signal-controlled multilane intersection. The impatient driver was charged with "left turn – not in safety," as the first-in-line driver had to take evasive action to avoid a crash. However, the judge dismissed this charge saying it should have been "improper left turn" because no collision had occurred.

A: Sgt. Tim Burrows of Toronto Police Traffic Services replies:

"Improper left turn," under section 141(6) HTA, describes the actual process of the turn (where to line up, make, and finish the turn). Consider this the manual of how to make a lawful turn.

In my view, this is the charge that should have been laid for the incident described since it was the approach that was wrong (jumping the queue) and that had caused the problem.

"Turn – not in safety," under S. 142(1) HTA, considers the safety of the driver action in relation to others. A crash does not have to occur, as a near-miss could also result in charges. The key determining factor being that the driver action unduly affects the safety of other lawful road users.

Interestingly, had a collision occurred, it would theoretically be possible to charge both the driver who jumped the queue with "improper left turn" and also to charge the other seemingly innocent driver.

The law requires that, before making a turning movement, a driver must ensure that it can be done in safety. As such, the first-in-line driver could be charged with "start from stopped position – not in safety," under S. 142(2) HTA, and/or "turn – not in safety," under S 142(1) HTA. Now, logically, charges against both drivers likely wouldn't happen – but this is possible under existing laws.

Eric Lai adds:

I think most drivers, even if they're not legal-eagles, intuitively have a sense of what is the safest course of action when facing an unusual circumstance when driving. In most cases, doing the right thing will also mean you're doing the legal thing.

SNOWBIRD ALERT: If you're heading south this winter, watch your road manners or your insurance rates could go north. Ontario drivers convicted of a driving-related offence in the states of New York or Michigan (or any Canadian province or territory) will have applicable home-jurisdiction penalties, such as demerit points and/or suspensions, applied to their driver record – just as if the offence occurred in Ontario.

Email your non-mechanical questions

to Eric Lai at wheels@thestar.ca.

Please include year, make, model and

kilometres of autos cited, plus your name, address and telephone number.

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