What is the test for functionality of a two door hatchback?
British Columbia, Canada
The following excerpt is from Parlby v Starr, 2017 BCSC 2353 (CanLII):
I note that in Ridler v. Gunther, [1991] B.C.J. No. 678 (S.C.), when considering functionality in relation to a two door hatchback, the trial judge found the passengers were susceptible to leg and head injuries even when wearing the seat belts, given the vehicle’s small size. Although there was evidence the seat belt was operable and its lock was functioning, he concluded that without evidence of the seat belt’s extension propensity, meaning the speed of retraction, he was not satisfied the seat belt was operable.
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