C-24.2, r. 9 - Regulation respecting the conditions and procedures for the use of photo radar devices and red light camera systems

Updated to 1 September 2012

This document has official status.

chapter C-24.2, r. 9

Regulation respecting the conditions and procedures for the use of photo radar devices and red light camera systems

Highway Safety Code

(chapter C-24.2, ss. 332, 359.3 and 634.3).

1. A photo radar device or a red light camera system approved by the Minister of Transport and the Minister of Public Security pursuant to sections 332, 359.3 and 634.3 of the Highway Safety Code (chapter C-24.2) may only be used if

(1)  a compliance report has been issued or renewed in its respect by the Institut national d’optique or the Centre de recherche industrielle du Québec in the 365 days preceding the date of use;

(2)  it has been inspected by the supplier in the 60 days preceding the date of use;

(3)  it has been tested by a peace officer who has received appropriate training

(a)  before and after each operation in the case of a mobile photo radar device; or

(b)  in the 7 days preceding the date of use in the other cases;

(4)  a peace officer has ascertained the presence of traffic signs or signals announcing the place where the photo radar device or red light camera system is in use:

(a)  before and after each operation in the case of the I-413-1 Traffic Surveillance sign installed immediately before the mobile photo radar device; or

(b)  in the 7 days preceding the date of use of the device or system in the case of the I-411-1, I-411-2, I-412, I-413-1 and I-413-2 Traffic Surveillance signs.

M.O. 2009-06, s. 1.

2. Each approved photo radar device or red light camera system for which a compliance report has been issued must be registered in the register kept by the Sûreté du Québec, which must contain the following information in respect of each device or system:

(1)  the make, the manufacturer’s name, as well as the model, where applicable;

(2)  the identification number;

(3)  the date of the compliance report referred to in paragraph 1 of section 1 and the date of each renewal;

(4)  the date of each inspection referred to in paragraph 2 of section 1;

(5)  the date and time of each test referred to in paragraph 3 of section 1, the result obtained and the name of the peace officer who performed the test;

(6)  the date and a description of any repairs made to the device or system; and

(7)  the identity of the author of each entry in the register.

Only members of a police force may make entries in the register.

The compliance report and the documents related to its renewal, the inspection of the device or system or repairs made to it must be kept in the register.

M.O. 2009-06, s. 2.

3. During the 3-month trial period provided for in section 103 of the Act to amend the Highway Safety Code and the Regulation respecting demerit points (2007, chapter 40), an approved photo radar device or red light camera system may be used, despite paragraph 1 of section 1, even if no compliance report has been issued in its respect.

During that period, section 2 applies, with the necessary modifications, to that device or system.

M.O. 2009-06, s. 3.

4. (Omitted).

M.O. 2009-06, s. 4.

REFERENCES

M.O. 2009-06, 2009 G.O. 2, 1557