C-24.2, r. 18.3 - Regulation giving effect to the Driver’s Licence Exchange Agreement between the Société de l’assurance automobile du Québec and The Driver and Vehicle Agency (Northern Ireland)

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chapter C-24.2, r. 18.3
Regulation giving effect to the Driver’s Licence Exchange Agreement between the Société de l’assurance automobile du Québec and The Driver and Vehicle Agency (Northern Ireland)
HIGHWAY SAFETY CODE — AGREEMENT — DRIVER’S LICENCES
Highway Safety Code
(chapter C-24.2, s. 631).
C-24.2
September 1 2012
1. The Highway Safety Code (chapter C-24.2) and the regulations made under the Code apply to the holder of a driver’s licence issued by the Driver and Vehicle Agency (Northern Ireland).
O.C. 629-2012, s. 1.
2. The provisions of the Code and its regulations apply in the manner described in the Driver’s Licence Exchange Agreement between the Société de l’assurance automobile du Québec and the Driver and Vehicle Agency (Northern Ireland), attached as a Schedule.
O.C. 629-2012, s. 2.
3. (Omitted).
O.C. 629-2012, s. 3.
SCHEDULE
(s. 2)
DRIVER’S LICENCE EXCHANGE AGREEMENT
BETWEEN
THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC
AND
THE DRIVER AND VEHICLE AGENCY (NORTHERN IRELAND)
THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC
represented by its President and Chief Executive Officer, Ms. Nathalie Tremblay, duly authorized by law,
hereinafter referred to as “SAAQ”
AND
THE DRIVER AND VEHICLE AGENCY (NORTHERN IRELAND)
represented by its Director of Driver Licensing, Mr. Colin Campbell, duly authorized by the Department of the Environment,
hereinafter referred to as “DVA”
DESIRING to facilitate licence exchange for the holder of a valid driver’s licence they have issued and who is moving from one jurisdiction to the other;
AGREE to guarantee the recognition and facilitate the exchange of drivers’ licences according to the following provisions:
ARTICLE 1
DEFINITIONS
Under this agreement,
1.1 “Jurisdiction” refers to Québec or Northern Ireland, whereas “jurisdictions” refers simultaneously to both Québec and Northern Ireland.
“Authority” refers to the administrative entity that issues drivers’ licences, i.e., in Québec, the Société de l’assurance automobile du Québec (SAAQ), and in Northern Ireland, the Driver and Vehicle Agency (DVA), whereas “authorities” refers simultaneously to the SAAQ and DVA; the authorities are the signatory parties to this agreement.
“Driver’s licence” or “driving licence” refers to a permit issued by either of the above authorities authorizing the holder to drive a motor vehicle, subject to the terms and conditions specific to the licence class or category and any other related conditions, and subject to the laws and regulations in effect in the jurisdiction in question.
“Valid” indicates that at the time the driver’s licence issued by one authority is submitted for exchange for a driver’s licence issued by the other authority, the original driver’s licence has not expired, been revoked, suspended or cancelled by the issuing authority and is not subject to any other restrictions that prevent the holder from using it for the intended purpose.
1.2 Specific to Québec:
A class 5 licence issued by the SAAQ authorizes the holder to drive a two-axle motor vehicle with a net weight of under 4,500 kg (cars, minivans, and light trucks), a motor vehicle permanently converted into a dwelling (motor home), a tool vehicle or a service vehicle (service truck or tow truck), and includes classes 6D (moped) and 8 (farm tractor).
When an applicant has less than 24 months of driving experience, a class 5 probationary licence is mandatory before a full class 5 driver’s licence is issued.
A class 5 licence issued by the SAAQ does not authorize the holder to ride a motorcycle.
1.3 Specific to Northern Ireland:
Category B licences issued by the DVA authorize the holders to drive:
— a motor vehicle with a maximum authorized weight of 3,500 kg, with no more than eight passenger seats in addition to the driver’s seat, and to which a trailer of no more than 750 kg maximum authorized weight may be hitched.
— Combination of such a vehicle and a trailer having a combined maximum authorized weight not exceeding 3,500 kg, and with the towed unit not exceeding the net weight of the towing vehicle.
In addition, categories F (agricultural and forestry tractors), K (mowing and pedestrian machines), and P (mopeds) are also included in category B licences.
ARTICLE 2
RECOGNITION AND EXCHANGE OF LICENCES
2.1 The holder of a valid class 5 Québec driver’s licence or probationary licence can, on the strength of their licence, drive categories B, F, K or P vehicles in Northern Ireland (NI), for a period of 12 months from the time they become resident. Pass that deadline, the holder will need a NI licence to drive in Northern Ireland. However, the holder may apply to exchange his or her licence up to 5 years of becoming resident.
The NI licence given in exchange will authorize the holder to drive a vehicle with automatic transmission only, without undergoing a driving test, or an eye test.
An applicant who wishes to drive a vehicle with manual transmission must pass a NI driving test for this purpose.
The applicant will be issued a Northern Ireland driver’s licence in exchange for his or her Québec licence upon presentation of the identification required by the Northern Ireland authority and payment of the fees prescribed by regulations.
2.2 The holder of a valid Northern Ireland category B driver’s licence may, within 12 months after settling in Québec, exchange the licence for a class 5 licence, including class 6D and class 8 privileges, without undergoing a proficiency test, a knowledge test or an eye test.
The applicant may exchange his or her licence upon presentation of the identification required by the Québec authority as well as payment of the fees prescribed by regulations and the personal injury accident insurance premiums.
An applicant with less than 24 months of driving experience on their NI category B licence will be issued a class 5 probationary licence.
2.3 Any restrictions on the original driver’s licence will be carried over, with equivalent codes, to the licence issued in exchange.
2.4 Driver’s licences issued in exchange shall match the licence specimens provided, as per the terms of this agreement.
2.5 The authority making the exchange will verify the applicant’s identity and the validity of the original licence, if necessary by contacting the issuing authority.
2.6 The driving experience recorded on the applicant’s licence or in the applicant’s file by the issuing authority will be recognized by the other authority.
2.7 The driver’s licence being exchanged must be surrendered to the exchanging authority and that authority shall return it to the issuing authority within 90 days of the exchange having taken place.
ARTICLE 3
FINAL PROVISIONS
3.1 Samples or copies of the various drivers’ licences currently admissible for exchange and certified to be true copies by each issuing authority are appended to this agreement.
Any change by one or the other of the authorities to the sample drivers’ licences in use at the time of the agreement will be communicated to the other authority.
3.2 Implementation of this agreement, with respect to the right to use or exchange a foreign driver’s licence, will be subject to the provisions of any law or regulation applicable in either jurisdiction.
3.3 The authorities will notify each other of any legislative changes that may impact this agreement. This agreement may be amended to take into account any legal changes that come into effect within the jurisdiction of either Party.
3.4 The authorities shall implement the commitments under this agreement. To this effect, they shall set up all necessary mechanisms, including those to exchange information and validate licences submitted to the other authority under this agreement.
3.5 The authorities will assist each other in applying this agreement and, when necessary, will share information on licences submitted for exchange. A contact point is established in order to directly validate submitted licences.
The authority exchanging a licence may verify its validity with the issuing authority through the use of information technology, as per terms to be determined by said authorities.
Enquiries pursuant under this article should be sent to the following addresses:
For the SAAQ:
Société de l’assurance automobile du Québec
Service de la diffusion et de la liaison avec les corps policiers
333, boulevard Jean-Lesage, C-3-44
Québec (Québec) G1K 8J6
Canada
Fax: +1 418 644-7167
service.operations.diffusion@saaq.gouv.qc.ca
For the DVA:
Driver Licensing Policy and Legislation Section
County Hall
Coleraine
County Londonderry
Northern Ireland
BT51 3TB
Fax: +44 28 7034 1398 (FAO Beth Cairns)
beth.cairns@doeni.gov.uk
Either authority may change the address to which enquiries will be sent by informing the other authority in writing.
3.6 Any document or communication regarding this agreement must be in writing and will be deemed to have been duly provided or forwarded to the Party to which it is addressed at the time it is handed in person, delivered by courier or postage-paid registered mail, or sent by fax or email to the following addresses:
For the SAAQ:
Société de l’assurance automobile du Québec
Vice-présidence à la sécurité routière
333, boulevard Jean-Lesage, C-4-31
Québec (Québec) G1K 8J6
Canada
Télécopieur: +1 418 646-6811
Email: sylvie.boulanger@saaq.gouv.qc.ca
For the DVA:
Driver Licensing Policy and Legislation Section
County Hall
Coleraine
County Londonderry
Northern Ireland
BT51 3TB
Fax: +44 28 7034 1348
danny.bonnar@doeni.gov.uk
Either authority may change the address to which documents will be sent by informing the other authority in writing.
3.7 This agreement shall come into force on the date to be decided upon in an exchange of letters between the Parties.
3.8 Either Party may terminate this agreement by informing the other Party in writing. The agreement shall terminate ninety days following the date that such notice is sent out.
Signed in duplicate, in English and French, both versions being equally valid.
Signed in Québec, on 8 July 2011 Signed in Coleraine, on 29 July 2011
FOR THE SOCIÉTÉ DE FOR THE DRIVER AND
L’ASSURANCE AUTOMOBILE VEHICLE AGENCY
DU QUÉBEC
______________________________ ______________________________
NATHALIE TREMBLAY, COLIN CAMPBELL,
President and Chief Director
Executive Officer Driver Licensing
O.C. 629-2012, Sch.
REFERENCES
O.C. 629-2012, 2012 G.O. 2, 2069