C-24.2, r. 0.3 - Ministerial Order concerning use on public highways of flooded road vehicles

Updated to 23 September 2013

This document has official status.

chapter C-24.2, r. 0.3

Ministerial Order concerning use on public highways of flooded road vehicles

Highway Safety Code

(chapter C-24.2, s. 633.1).

1. The use on public highways is prohibited for the following road vehicles manufactured after 1980 and registered or having to be registered in Québec:

(1)  vehicles that were flooded to the junction of the engine wall and the floor of the passenger compartment or up to a higher level;

(2)  vehicles that were flooded up to a level that could have affected one of the major components of their electrical system, subject to section 2;

(3)  vehicles that were flooded and that represent a health hazard, particularly because of the presence of mold or bacteria;

(4)  vehicles that were flooded and that were declared total loss by the insurer or by the person referred to in paragraph 4 of section 2;

(5)  vehicles of which a part has been replaced by a similar part that comes from a vehicle referred to in subparagraphs 1 to 4 and that may represent a health hazard, such as a part made of foam or fabric;

(6)  vehicles of which a major component of the electrical system has been replaced by a similar component from a vehicle referred to in subparagraphs 1 to 4.

For the purposes of the first paragraph, a vehicle from outside Québec is considered as having been flooded if it shows signs of damage attributable to a flood or if it is described by another jurisdiction as having been flooded, in all cases, regardless of the flood level.

M.O. 2013-10, s. 1.

2. The prohibition provided for in section 1 does not apply to vehicles referred to in subparagraph 2 of the first paragraph of that section where the following conditions are met:

(1)  the vehicle does not come from outside Québec;

(2)  the vehicle was flooded by unsalted water;

(3)  only major components of the vehicle’s electrical system located outside the passenger compartment were damaged;

(4)  the damage to the vehicle is covered by an insurance contract or the owner of the vehicle is a person exempt under section 101 of the Automobile Insurance Act (chapter A-25) or a regulation made under that Act from the obligation to hold the insurance contract provided for therein;

(5)  the repair of the vehicle eliminated any risk related to the flooding and, for that purpose,

(a)  the damaged major components have been replaced by new genuine components and the insurer or the person referred to in paragraph 4 has implemented control mechanism to make sure that that is the case;

(b)  the vehicle has been repaired by a person whose expertise and knowledge have been deemed sufficient by the insurer or the person referred to in paragraph 4 for the repair to be carried out according to the rules of the trade.

M.O. 2013-10, s. 2.

3. For the purposes of this Order,

(1)  “flooded road vehicle” means a road vehicle that has been impregnated with water or another liquid as a result of a flood, an accident, rain, a sewer overflow, or any other sinister;

(2)  “major component of the electrical system of a vehicle” means

(a)  a fuse panel or breaker panel;

(b)  an electronic component of the occupant supplemental restraint system;

(c)  an electronic component of the compartment’s heating, air conditioning or ventilation system;

(d)  an electronic component of the defogging or defrosting system;

(e)  an electronic component that controls an element of the drivetrain system;

(f)  an electronic component of the self-diagnostic system;

(g)  an electronic component of the braking, acceleration or steering system or of any other system affecting the drivability of the vehicle, its stability or safety; or

(h)  electrical wiring with unsealed connections inside the passenger compartment.

M.O. 2013-10, s. 3.

4. This Order does not apply to

(1)  tool vehicles, farm tractors, snowblowers as well as trailers and semi-trailers other than those laid out, in whole or in part, for dwelling or office purposes; and

(2)  vehicles registered in Québec that have been rebuilt in accordance with the standards provided for in the Highway Safety Code (chapter C-24.2) and for which a certificate of technical compliance and a certificate of mechanical inspection have been issued before 27 March 2013.

M.O. 2013-10, s. 4.

5. (Omitted).

M.O. 2013-10, s. 5.

REFERENCES

M.O. 2013-10, 2013 G.O. 2, 2525A