The respondents were acquitted of operating a commercial motor vehicle in a dangerous or unsafe condition under s. 84(1) of the Highway Traffic Act.
The Crown appealed, arguing that a regulation defining 'critical defects' for the purpose of vehicle impoundment under s. 82.1 should also apply to the offence provision in s. 84(1.1).
The Court of Appeal dismissed the appeal, holding that the regulation explicitly applies only to s. 82.1 and that the legislature intended a higher threshold of danger for a conviction under s. 84(1.1) than for an impoundment under s. 82.1.
