`Safety-certified' tires not guaranteed to last

Nov 07, 2009

Comments on this story (4)

Special to the Star

Q: I bought a used 2008 Hyundai Sonata from a dealership in June. Soon after, I had a flat tire, which the tow driver and a tire store claimed couldn't be repaired as the sidewall was damaged. Both also said the tires were badly worn.

The Hyundai dealership dismissed their criticism about wear as merely an excuse to sell tires but did agree to replace one tire, and I had to pay for another that I wanted changed. Do I have any recourse?

A: James Hamilton, manager of mediation services for the Used Car Dealers Association of Ontario, replies:

If an Ontario motor vehicle dealer sells a vehicle "safety certified," it means a repair facility, licensed to offer such inspections by the provincial transportation ministry, has determined the vehicle meets certain basic safety standards.

These standards are merely minimums and do not stipulate that items inspected be new, or even nearly new. The safety certification only speaks to the vehicle's safety condition on the day of the inspection, not beyond. A safety certification is not a guarantee that items such as tires that pass the inspection will remain "safe" for any significant period thereafter.

Eric Lai adds:

Being a used auto, it would have required a safety standards certificate to be plated. This means the tires met minimum government standards at the time of inspection. (Note that the reader doesn't claim the sidewall damage was pre-existing.)

If buyers of a "safety-certified" used vehicle replace parts that have passed inspection, they must pay for it. If a used vehicle is purchased "as is," there is no representation from the seller that the vehicle, or its parts, are roadworthy.

Q: I often see police minivans carrying bicycles on a rack blocking the licence plate. Is this legal? What about tinted or polarized plate covers that often render the plate unreadable?

Large vacuum excavation trucks, including some city vehicles, have no licence plates. Do these drivers need to be licensed? Is insurance required?

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

On most road vehicles the licence plate is the only identifier, which is why laws have been established to ensure that the plates are visible. Police vehicles are readily identifiable by several means other than the licence plate.

For coloured plate coverings, the charge would be "obstruct plate" under Section 13(2) of Ontario's Highway Traffic Act. Clear coverings that "bend" or obscure the plate preventing identification by a red-light camera or electronic toll system violate sub-sections 13(3.0.1) and 13(3.1) of the HTA. Most such products warn that their use is ``illegal in some jurisdictions."

Vacuum trucks and similar vehicles are classified in the Highway Traffic Act as either implements of husbandry or road-building equipment. These classes of vehicles don't require plates to be operated on the highway.

Most such vehicles, especially city-operated ones, have fleet numbers or other markings for reporting purposes. Like any motor vehicle on the road, the driver must have a licence and the vehicle must be insured.

Eric Lai adds:

In summary, a basic clear plate cover is not illegal, but anything that hinders reading of the plate is fair game for charges.

Email your non-mechanical questions

to Eric Lai at wheels@thestar.ca.

Personal replies cannot be provided.

Toronto Star