31. A contract for the transportation of students must contain a clause stipulating that the carrier:
(1) in carrying out the contract, must use vehicles that comply with the Acts and regulations;
(2) in carrying out the contract, may not use buses or minibuses more than 12 years old according to the year of the vehicle;
(3) is authorized, notwithstanding paragraph 2, to use, up to the end of the current school year, buses or minibuses 13 years old where he provides the board or the educational institution with a certificate of mechanical inspection issued by the Société de l’assurance automobile du Québec or by one of its mandataries;
(4) must, on request, allow the school board or educational institution to consult the record established pursuant to section 202.1 of the Regulation respecting safety standards for road vehicles (chapter C-24.2, r. 32) concerning a school bus or a school minibus;
(5) must, each year, before carrying out his contract for the transportation of students, provide a performance guarantee covering the whole period of service, excluding periods of strike or lock-out, in the form of:
(a) a certified cheque for an amount equal to 20% of the price of the contract;
(b) conventional bearer bonds, issued or guaranteed by the gouvernement du Québec or by the Government of Canada, whose face value corresponds to 20% of the price of the contract and whose term does not exceed 5 years; or
(c) a performance bond, issued by a company legally empowered to become surety, for an amount equal to 35% of the price of the contract.
Despite the preceding, subparagraph 5 does not apply to a carrier who shows that the carrier is a member of a group of carriers providing school busing or transportation services that meets the following conditions:
(1) the group is duly constituted as a non-profit legal person;
(2) the group has at least 50 members who are carriers providing school busing or transportation services;
(3) the members have, collectively, the exclusive use of at least 2,000 buses or minibuses under contract for school busing or transportation purposes for the school year covered by the performance guarantee referred to in subparagraph 5;
(4) the members have solidarily undertaken to carry out, on the same conditions, any school busing or transportation contracts that other group members fail to carry out.