volume 3, 2015 MECHANICAL FITNESS ASSESSMENT Providing the buyer with a mechanical fitness assessment is optional True or False? The mechanical fitness Only auctions can sell a assessment is also known vehicle without a mechanical as the AMVIC inspection fitness assessment Fact: You are legally required to provide the potential buyer with a completed mechanical fitness assessment before they enter into a sales contract to buy a used vehicle. Fact: Auctions do not have to provide a buyer with a completed mechanical fitness assesment. A vehicle can be sold even if it does not fully comply with all items listed on the mechanical fitness assessment form Fact: At the time of sale, the seller must include a statement certifying if the vehicle does or does not comply with the Vehicle Equipment Regulation. The seller must also provide the buyer with a description of the items of equipment that are missing or do not comply with the Vehicle Equipment Regulation. Fact: The mechanical fitness assessment is commonly misidentified as an “AMVIC inspection”. There is no such thing as an “AMVIC inspection” or a vehicle that is “AMVIC certified”. AMVIC does enforce the use of the mechanical fitness assessment form which is a requirement under the Traffic Safety Act. A mechanical fitness assessment is valid for 120 days Fact: A mechanical fitness assessment is valid for 120 days after the date it was issued. Once it has expired a new assessment must be completed prior to entering into a sales contract. CLICK HERE to access the MFA form Protecting personal information Are you complying with the law? The Personal Information Protection Act (PIPA) sets out rules for Alberta businesses for the collection, use and/or disclosure of personal information. A business must... Only collect, use or disclose personal information to the extent that is necessary to meet the reasonable business purposes. Report any incident resulting in a breach of privacy to the Office of the Information and Privacy Commissioner if there is a real risk of significant harm to individuals as a result of the loss of, or unauthorized access to, use, or disclosure of their personal information. Protect the personal information it collects to prevent any unauthorized access, usage, disclosure, copying, modification, disposal, or destruction. Securely destroy personal information or render it non-identifying within a reasonable time period after it is no longer required for Designate an individual to be responsible for ensuring business or legal purposes. the organization is compliant with PIPA. This individual is often referred to as a “Privacy Officer”. Consent-- For the most part a business must obtain consent from anyone whose personal information it collects. It must also notify the individual as to the purpose of collection and may also indicate how the information will be used or disclosed. For more information on how to obtain valid consent see sections 7, 8, 9 and 10 of PIPA. Can I photocopy a driver’s licence to verify ID? Generally, to verify identification you should not photocopy a driver’s licence. Instead, create a method of recording that the identification has been verified. Creating a record of driver’s licences should only be done if it is necessary for your organization’s purposes. Note: Records containing copies of driver’s licences should be properly stored and promptly destroyed when no longer required. Click here for more information Important to note: • A business must not collect, use or disclose personal information for any other purpose than those for which they have received consent, unless otherwise authorized by PIPA. • A business cannot require consent beyond what is reasonably necessary to provide a product or service. • A business can subject an individual’s consent to any reasonable terms, conditions or qualifications that are acceptable to the individual. • Individuals may withdraw or vary their consent at any time and be advised of the implications. At no time may a withdrawn consent disrupt any legal obligation. • Consent is not valid when it is provided or obtained through false, misleading or deceptive information or practices. Page 2 business and legal purposes. authorized under PIPA. IMPACT is published by AMVIC for registrants and licensees Only keep personal information when it is reasonably required for Get the individual’s consent unless otherwise Did you know… AMVIC works closely with other enforcement agencies “The group enters a business at once but each organization does its own inspection and may take appropriate action to bring them into compliance,” Derek Blackman-Shaw, AMVIC’s senior manager of investigations said. “By working together the process becomes more thorough and efficient for all involved,” Edmonton Police Const. Jacqueline Buchanan said. “It’s also an opportunity to share knowledge and gain an understanding of what other organizations enforce.” The team has worked together for several years. “Coordinating inspections also helps to ensure that people with the right expertise are there to answer questions and follow up on the spot,” Blackman-Shaw said. New faces on the AMVIC Board STOCK PHOTO: Tui-PhotoEngineer/Shutterstock.com Under the Automotive Business Regulation section 4(1) a business may be refused an AMVIC business licence or denied renewal if the applicant is not complying with all laws, including municipal bylaws that apply to the automotive business. Page 3 The organizations that may be involved include the City of Edmonton, Alberta Occupational Health and Safety, Alberta Apprenticeship and Industry Training, Alberta Transportation and Edmonton Police Service. A recent operation coordinated by AMVIC was at request of the Edmonton Police Service. Two new directors started their terms on the AMVIC board at the Annual General Meeting in June. Cindy Clark joins AMVIC as an Industry-at-large director. Bill Burnett has been appointed by the Recreation Vehicle Dealers Association of Alberta. Each of their terms end in June 2018. The 13-director AMVIC board provides oversight, overall governance and direction to AMVIC. Cindy Clark Industry-at-large Calgary, Alta. Bill Burnett RVDA Alberta Edmonton, Alta. Click here to find out who else is on the AMVIC board. Two of the seven industry directors are nominated from industry-atlarge. They must be an owner or employee of an automotive business in Alberta. Five directors are appointed by motor vehicle industry associations. The remaining six directors are appointed by the Minister of Service Alberta from the public. IMPACT is published by AMVIC for registrants and licensees AMVIC partners with Edmonton’s Multi Enforcement Agency Team when an automotive business is facing compliance issues involving more than one law enforcement agency and/or regulator. Largest curber conviction 2014 Rookie of the Year driver Matthew Scannell of the Bray Autosport team was behind the wheel for the 300 lap event held at the Edmonton International Raceway. Scannell and AMVIC employees handed out AMVIC tip cards and earplugs during the autograph session. This sponsorship aligns with AMVIC’s goal to generate more awareness of AMVIC and its mandate. The July 11 event was the only Alberta stop on the tour. education manager said. “We want consumers, industry members and even curious neighbours to warn us about suspected curbers.” Curbers may sell vehicles that are poorly repaired and with rolled back odometers. “AMVIC-licensed sellers are required to meet the province’s vehicle sales regulations, pass AMVIC’s salesperson course and follow Alberta’s consumer protection laws,” Lowe said. Remember, anyone in the business of selling motor vehicles, including RVs, must be licensed— it’s the law. New! You can now view and print your receipts from your profile on AMVIC’s online portal. How? step 1 Log on to the AMVIC Online portal PHOTO: Driver Matthew Scannell signing autographs. step 2 On left side under payments click “payment receipts” (Right) AMVIC employee Pam Smith during the autograph session at the Edmonton International Raceway. step 3 Click “view” on whatever receipt you want to view and then you can print it. Page 4 AMVIC sponsored #56 during the NASCAR Canadian Tire Series event “Alberta Has Energy 300.” to three unsuspecting Albertans from his southeast Edmonton home in the neighbourhood of Mill Woods. In all three cases he misrepresented the vehicles he was selling. He also placed more than 109 advertisements for vehicles on an online classifieds site, again posing as a private seller. “AMVIC is committed to a fair marketplace and ensuring that everyone engaged in retailing vehicles is licensed appropriately,” Laura Lowe, AMVIC’s communications and IMPACT is published by AMVIC for registrants and licensees An Edmonton man guilty of curbing is facing a total of $9,000 in fines plus victim surcharges. On June 29, 2015 in an Edmonton Provincial Court Roger Fortier pleaded guilty to two counts under the Fair Trading Act for selling vehicles without a licence. Anyone in the business of selling vehicles in Alberta must be licensed by AMVIC, the province’s automotive regulator. Curbers are individuals or automotive sales businesses operating without the necessary licence. Fortier is guilty of posing as a private individual selling vehicles
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