Dispute Resolution

The Process

The dispute resolution process was developed in consultation with industry stakeholders, CVSE staff and management, legal service branch (LSB) and other governmental agencies. The intention of the process is to ensure decisions are:

legally and factually correct
made with appropriate understanding of the relevant policy factors
made using processes that comply with the applicable rules of natural justice or procedural fairness
- the person knows what is being considered and
- has an opportunity to present their version
resolved in a timely manner with due consideration of all circumstances

Either party may request that the dispute resolution process be started. This process is restricted to the following two major areas:

Out of Service Criteria
British Columbia is a member of the North American wide Commercial Vehicle Safety Alliance. Although CVSE uses the criteria and our inspectors are trained to a standard of inspection embraced by the signatory’s, the criteria themselves are linked to our Acts and Regulations. CVSE inspectors have authority granted under the Inspectors Authorization Regulation BC Reg 372/92.
Notice and Orders
These are issued under authority of Division 25.08 of the Motor Vehicle Act Regulations and the process does relate to those enforcement actions taken under that authority.

This process is focused on specific circumstances where there must be some evidence that the officer has applied criteria improperly.

Timelines

Step 1: The CVSE officer reviews the dispute

A response can be expected within 21 days

Step 2: The CVSE officer’s supervisor reviews the dispute

Disputant can expect a response within 21 days

Step 3: The local manager reconsiders the decision

Disputant can expect a response within 30 days

Step 4: An alternate CVSE manager reconsiders the decision

Disputant can expect a written response within 30 days

Note: Timelines per steps are based on receiving date. Depending on complexity of information received and research required, timelines may vary but most disputes are resolved in Step 1.

The Benefits

There are tremendous benefits when these principles are maintained. The following are several key benefits attributed to well developed and administered decision making process:

affected persons are adequately informed
affected persons and government rights are protected
both parties play an active role, producing higher satisfaction rates with outcomes
different perspectives are considered and understanding is broadened.
adversarial aspect of dispute resolution is decreased
decisions are reasoned and well-supported
complaints and/or requests for review are reduced
transparency and public confidence are increased

Our goal is to advance road safety and protect infrastructure through the development, delivery and enforcement of road safety programs in a manner which will also allow the economy and environment of British Columbia to prosper.

It is our belief that this process will take us closer to our goal by balancing compliance, road safety and operational freedom for carriers using the highway systems in our province.

Out of Scope

There are a number of situations that do not fall with the scope of this dispute resolution process

violation tickets (https://www.icbc.com/driver-licensing/tickets/Pages/dispute.aspx )
vehicle impounds (https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/impoundment)
the following should be immediately directed to a supervisor:
- officer misconduct, inappropriate behaviour or unprofessionalism
- any allegation of a human rights violation on any protected ground
- any other systemic issue not captured above

Contact

If you have any questions or concerns regarding this notification, please contact

Commercial Vehicle Safety & Enforcement Branch
e-mail: Richard.Roberts@gov.bc.ca