C-24.2, r. 15.1 - Regulation giving effect to the Reciprocal Agreement on Driver’s Licence Recognition between the gouvernement du Québec and the Republic of Austria

Updated to 1 June 2013

This document has official status.

chapter C-24.2, r. 15.1

Regulation giving effect to the Reciprocal Agreement on Driver’s Licence Recognition between the gouvernement du Québec and the Republic of Austria

Highway Safety Code

(chapter C-24.2, s. 631).

1. The Reciprocal Agreement on Driver’s Licence Recognition between the gouvernement du Québec and the Republic of Austria, attached hereto, has effect on 1 June 2013.

O.C. 439-2013, s. 1.

2. Provisions of the Highway Safety Code (chapter C-24.2) and of its implementing regulations apply to holders of a driver’s licence issued by the Republic of Austria, as set forth in the Agreement.

O.C. 439-2013, s. 2.

3. (Omitted).

O.C. 439-2013, s. 3.

APPENDIX

(s. 1)

RECIPROCAL AGREEMENT ON DRIVER’S LICENCE RECOGNITION BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE REPUBLIC OF AUSTRIA

THE GOUVERNEMENT DU QUÉBEC

represented by the Deputy Minister of Transport, Mr. Denys Jean,

hereinafter referred to as “Québec”

AND

THE REPUBLIC OF AUSTRIA

represented by the Section Director, for the Federal Ministry for Transport, Innovation and Technology, Dr. Peter Franzmayr

hereinafter referred to as “Austria”

WISHING to facilitate the exchange of driver’s licences for holders of a valid licence issued by one territory who settle in the other territory;

HAVE AGREED to recognize and facilitate the exchange of driver’s licences in accordance with the following provisions:

(1) DEFINITIONS

In this Agreement,

1.1 “territory” designates Québec or Austria, and “territories” refers to both Québec and Austria;

“authority” refers to either the Société de l’assurance automobile du Québec, or the Federal Ministry for Transport, Innovation and Technology of Austria, as representative of the competent Bezirkshauptmannschaften (the “Bezirk” territorial and administrative jurisdictions situated between the level of municipalities and the federated state, translator’s note) and Bundespolizeidirektionen (federal police authorities);

“driver’s licence” means a licence issued by either of the authorities, authorizing its holder to drive a motor vehicle, subject to the terms and conditions specific to the class or category of driver’s licence and any other related condition, and subject to the relevant laws and regulations in force in the territory;

“valid” means that at the time a driver’s licence issued by one authority is submitted for exchange for a driver’s licence issued by the other authority, the original licence has not expired, nor been revoked, suspended or cancelled and is not subject to any restriction preventing its holder from using it for its intended purpose.

1.2 More specifically for Québec:

A Class 5 driver’s licence issued by the Société de l’assurance automobile du Québec authorizes its holder to drive a twin axle motor vehicle whose net weight is less than 4,500 kg (passenger vehicle, mini-van or light truck), a motor vehicle permanently converted into living quarters (motor home), a tool vehicle or a service vehicle (service truck or tow truck) and includes Classes 6D (mopeds and motorized scooters) and 8 (farm tractors).

A probationary Class 5 licence must be issued before a driver’s licence to an applicant under the age of 25 whose driving experience is less than 24 months.

1.3 More specifically for Austria:

A Category B driver’s licence issued by the competent authority allows its holder to drive:

— A motor vehicle having a maximum weight not exceeding 3,500 kg and fitted with no more than eight seats, other than the driver’s, to which can be attached a trailer whose maximum authorized weight does not exceed 750 kg;

— A combination of vehicles composed of a Category B tractor and a trailer, whose combined maximum weight does not exceed 3,500 kg and where the maximum authorized weight of the trailer does not exceed the tare weight of the tractor;

— A motorcycle with a cylinder displacement of 125 cm3 or less or, if the Category B driver’s licence bears the 111 code, an electric-powered motorcycle with a power rating of 11 kW or less.

(2) RECOGNITION AND EXCHANGE OF LICENCES

2.1 The holder of a Québec Class 5 driver’s licence or probationary licence, aged 18 or older, may, within 12 months of settling in the territory of Austria, exchange this licence for an Austrian Category B licence without taking a proficiency examination.

The holder obtains an Austrian driver’s licence upon presentation of the health certificate set forth on the form previously submitted to the Québec authority and the identity documents required by the Austrian authority, after payment of the duties and fees prescribed by regulation.

2.2 The holder of a valid Austrian Category B driver’s licence may, within 12 months of settling in the territory of Québec, exchange this licence for a Class 5 licence, including Classes 6D and 8, without taking a proficiency examination or vision test.

The holder obtains a Québec driver’s licence upon presentation of the identity documents required by the Québec authority, after payment of the duties and fees prescribed by regulation and of the insurance contribution for bodily injury caused by a road accident.

However, an applicant under age 25 is issued a Class 5 probationary licence unless the applicant’s driving experience is of 24 months or more.

2.3 The conditions provided for on the original driver’s licence are carried over to the new driver’s licence, in the form of equivalent codes.

2.4 Driver’s licences with or without a photograph, a specimen of which has been provided in accordance with this Agreement, shall be exchanged.

2.5 The authority that is performing the exchange of a licence verifies the identity of the applicant and the validity of the licence presented. It may contact the issuing authority for that purpose.

2.6 The driving experience indicated on the original licence or in the applicant’s file by the issuing authority is recognized by the other authority.

2.7 The authority that recovers the original driver’s licence during the exchange must return it to the issuing authority.

(3) FINAL PROVISIONS

3.1 A sample or certified copy of the different driver’s licence models issued by each authority currently admissible for exchange is appended to this Agreement.

Any modification made by an authority to the driver’s licence models, after this Agreement is signed, shall be communicated to the other authority.

A sample of the health form required by the Austrian authority is submitted to the Québec authority. Any change made to this certificate and every requirement that is not shown thereon shall be communicated to the Québec authority.

3.2 This Agreement does not invalidate the provisions of any law or regulation applicable in the territories of Québec and Austria with respect to the right to use a foreign driver’s licence.

3.3 The authorities shall communicate to each other without delay any legislative change that occurs in Québec and in Austria which could modify this Agreement, and the date of its coming into force and shall make the necessary amendments to the Agreement.

3.4 The designated authorities are responsible for the application of this Agreement. To that end, they shall put the necessary mechanisms into place, including those allowing for the exchange of information and the official validation of licences presented to the other authority under this Agreement.

3.5 The authorities shall assist each other in the application of this Agreement and shall exchange, where necessary, information on licences presented for exchange. A contact point is established in order to directly validate a submitted licence.

The authority exchanging a licence may ascertain its validity with the issuing authority with the use of information technology, as per terms and conditions to be determined between the said authorities.

Requests for information made under this article shall be addressed as follows:

To Québec:

Société de l’assurance automobile du Québec

Service des opérations et de la diffusion

333, boul. Jean-Lesage, C-3-14

Québec (Québec) G1K 8J6

Canada

Fax: [phone]

E-mail:

To Austria:

Bundesministerium für Verkehr,

Innovation und Technologie

Stubenring 1, 1010 Wien

Abteilung ST4

Fax: + 43 (1) 71100 15072

E-mail: [e-mail]

Each authority may change the address to which requests must be sent by a written notice to the other authority.

3.6 All communication concerning this Agreement must be in writing and shall be deemed to have been duly provided and forwarded to the authority at the moment it is handed in person, delivered by courier or by registered mail (postage paid), or sent by fax, to the following addresses:

To Québec:

Société de l’assurance automobile du Québec

Vice-présidence aux services à la clientèle

333, boul. Jean-Lesage, C-1-31

Québec (Québec) G1K 8J6

Canada

Fax: [phone]

E-mail:

To Austria:

Bundesministerium für Verkehr,

Innovation und Technologie

Stubenring 1, 1010 Wien

Abteilung ST4

Fax: + 43 (1) 71100 15072

E-mail: [e-mail]

Each authority may change the address to which documents or communications must be sent by a written notice to the other authority.

3.7 This Agreement shall enter into force upon completion of the internal formalities required by one and the other for that purpose. The date of entering into force is set through an exchange of letters.

3.8 This Agreement is terminated on the ninetieth day after a written notice is sent to that effect, in accordance with related legislation in force in either part.

Signed at Québec, on 30 July 2009, Signed at Vienna, on 5 May 2009,

in duplicate, in French and in German, both texts being equally valid.

FOR THE GOUVERNEMENT FOR THE REPUBLIC OF

DU QUÉBEC AUSTRIA

________________________________________ ________________________________________

DENYS JEAN DR PETER FRANZMAYR

O.C. 439-2013, Sch.

REFERENCES

O.C. 439-2013, 2013 G.O. 2, 1102