VSA BULLETIN
JULY 6, 2007
Investigating and prosecuting curbers
The word “curber” is commonly used in the motor dealer industry to describe
unlicensed motor dealers who sell cars masquerading as financiers, wholesalers,
importers, collection agents, or “private citizens” under the guise of selling their own
cars.
The most recent case involved a curber from Williams Lake who claimed he sold cars
as a “hobby”. VSA’s investigation, with the help of the Williams Lake dealers, resulted
in the successful conviction of this curber. When the initial warning and ticketing
charges by the VSA Investigator failed to deter this individual from his curbing activities,
evidence became sufficient to attract the interest of Crown Counsel and subsequent
court charges. He pleaded guilty and the Court fined him $2,000. The
legislation provides for fines up to $100,000 for individuals and $200,000 for
corporations.
"Should Mr. Hanson continue with his curbing
activities, the Authority would then apply to
obtain a cease and desist order from the Supreme
Court under the provisions of the Motor Dealer
Act," said Judy McRae, Manager of Corporate
Services and Communications. “Subsequent illegal
business conduct by this individual would then be
deemed as contempt of court order and would be
dealt with accordingly.”
In this instance, it was the Williams Lake dealers
who tracked the offender and reported his activity
to VSA Investigators. Only by demonstrating that
previous warnings and penalties had not
prevented incorrigible behaviour, was the VSA
able to convince the Crown Counsel to proceed
with a charge.
The end result speaks for itself: working together,
VSA and the motor dealer industry were able to
stop this curber.
There are several factors in this enforcement:
"Curbing" is seen to be a "victimless
crime" by the prosecutors, too often
without aggrieved witnesses willing to
give evidence. Prosecutors tend to
become motivated on the curber issue,
only when odometer tampering, fraud
or multiple repeat offences can be
demonstrated.
As a result of the compulsory
salesperson licensing on June 1, 2004,
a large number of individuals who no
longer qualified for the legitimate
industry, such as those with criminal
records, turned to curbing.
Enforcement will continue on all fronts and we
would urge the entire industry to unite in the
cause to expose the violators. The greatest job we
all have is to convince the public of the risk they
are taking when they deal with unlicensed people
and ensure that they understand that they have no
protection under the current legislation.
Private sales represent one third of all used
vehicle transactions in the province each year,
and many of these are simply individuals selling
their own car, motorcycle or recreation vehicle,
but those who do it as a business - likely half of
all so-called "private" sales - are breaking the law.
We must impress upon the public the value in
doing business only with licensed dealers and
salespeople, and the old adage that if something
appears to be too good to be true, there is likely a
very good reason.
If you are aware of any curbing activities within
your neighbourhood, or of any individual buying
and selling vehicles without a valid dealer licence,
please contact the VSA enquiry line at
1-877-294-9889
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