C-24.2 - Highway Safety Code

Section 332 Disposition versions

2022-05-26

332. The speed of a road vehicle may be measured by means of a photo radar device approved by the Minister of Transport and the Minister of Public Security.

A photograph or series of photographs of a road vehicle obtained by means of such a photo radar device are admissible as evidence in any penal proceedings for the contravention of a speed limit.

The photograph or series of photographs are proof, in the absence of any evidence to the contrary, of the accuracy of the elements that are affixed to or visible in one or more of the photographs, such as

(1)  the place where the photograph or series of photographs were taken, with reference to an identifier or otherwise;

(2)  the date and time on which the photograph was taken;

(3)  the road vehicle;

(4)  the registration plate number of the road vehicle;

(5)  the authorized speed limit, except the speed limit set under any of sections 299, 303.1 and 329; and

(6)  the speed of the road vehicle recorded by the photo radar device.

An order made under the first paragraph is to be published in the Gazette officielle du Québec.

1986, c. 91, s. 332; 2007, c. 40, s. 53; 2018, c. 7, s. 79; 2022, c. 13, s. 55.

2018-04-18

332. The speed of a road vehicle may be measured by means of a photo radar device approved by the Minister of Transport and the Minister of Public Security.

A photograph of a road vehicle obtained by means of such a photo radar device is admissible as evidence in any penal proceedings for the contravention of a speed limit if

(1)  the place where the photograph was taken, with reference to an identifier or otherwise, the date and time it was taken, the authorized speed limit and the speed recorded by the photo radar device are affixed to it; and

(2)  the road vehicle and its registration plate number are visible on it.

In the absence of any evidence to the contrary, the elements affixed to or visible on the photograph are proof of their accuracy and of the place where the photograph was taken, except the authorized speed limit when it is set under any of sections 299, 303.1 and 329.

An order made under the first paragraph is to be published in the Gazette officielle du Québec.

1986, c. 91, s. 332; 2007, c. 40, s. 53; 2018, c. 7, s. 79.

2008-09-03

332. The speed of a road vehicle may be measured by means of a photo radar device approved by the Minister of Transport and the Minister of Public Security and used in the manner they determine.

The image obtained by means of a photo radar device approved and used in accordance with the first paragraph, the speed recorded and indicated on the photograph and the other information displayed on the photograph concerning the vehicle and its registration plate, as well as the place, date and time the image was captured are proof of their accuracy, in the absence of any evidence to the contrary.

1986, c. 91, s. 332; 2007, c. 40, s. 53.