Final Decision – 2000007 ONT. INC. d.b.a Inkas

Notice

An order against 2000007 ONT. INC., doing business as Inkas, with respect to a notice of non-compliance will not be issued at this time. On January 14th, 2021, the company voluntarily gave notice of non-compliance in relation to two 2015 Mobility Ventures MV-1 vehicles that were altered by Inkas in 2016, making an order to issue such notice unnecessary.

The issue

  • In 2016, Inkas altered two Mobility Ventures MV-1 vehicles, turning them into limousines. During this process, Inkas increased the vehicles' Gross Vehicle Weight Rating (GVWR)
  • Following a complaint in fall of 2019, Transport Canada determined that Inkas had unlawfully increased the GVWR, rendering the vehicles non-compliant to applicable safety standards. Despite several requests, Inkas failed to address the non-compliance appropriately, which prompted Transport Canada's action

Why this is important

Manufacturers design their vehicles to meet applicable Transport Canada safety standards, such as braking, occupant protection, stability, etc. When the vehicle is altered, it is unknown if the vehicle still meets the safety standard unless the alterations were performed in accordance with the manufacturers specifications, or the alterer can provide evidence that the vehicle still complies with safety standards after being modified.

If a vehicle's GVWR is increased beyond the load-carrying capacity of the vehicle's components, the vehicle may be unsafe to operate and put occupants and other road users at risk.

Background events

  • The Minister of Transport made a preliminary determination that it is in the interest of safety to order Inkas to issue a notice of non-compliance in relation to two 2015 Mobility Ventures MV-1 vehicles that the company had previously altered.
  • Transport Canada published a notice describing the non-compliance on its website and invited comments. The comment period closed on January 15, 2021.
  • Transport Canada received several comments from the public and Inkas.
  • During the comment period, on January 14th, Inkas gave notice of non-compliance regarding both vehicles, indicating that it had increased the GVWR in error, and would carry out a recall to correct the problem. Additional information is available for this recall from the Motor Vehicle Safety Recalls Database.
  • Given that the company voluntarily issued the notice of non-compliance, it is no longer necessary for the Minister of Transport to order them to do so.

Next steps

Inkas is required to notify owners of both vehicles and identify how they will correct the non-compliance.

Transport Canada will monitor the company's corrective actions to verify that the company complies with the requirements of the Motor Vehicle Safety Act, that their recall corrects the non-compliance noted, and does not result in any additional safety issues.