C-24.2, r. 46 - Ministerial Order concerning the use of three-wheeled motorcycles

Updated to 1 September 2012

This document has official status.

chapter C-24.2, r. 46

Ministerial Order concerning the use of three-wheeled motorcycles

Highway Safety Code

(chapter C-24.2, s. 633.2).

1. The application of sections 65 and 209.1 of the Highway Safety Code (chapter C-24.2) is suspended until 31 December 2011 with regard to the operation of three-wheeled motorcycles.

M.O. 2010-03, s. 1.

2. In order to operate a three-wheeled motorcycle, a person must hold a class 5 driver’s licence bearing an endorsement indicating that the Société de l’assurance automobile du Québec authorizes the licence holder to drive that type of motorcycle or the person must hold a class 6A driver’s licence, probationary licence or learner’s licence.

The requirement of an endorsement does not apply to a person during the period the person is enrolled in a driving course, approved by the Société, to operate a three-wheeled motorcycle. A class 5 driver’s licence authorizes the operation of that type of motorcycle notwithstanding the provisions of sections 28 and 28.7 to 28.10 of the Regulation respecting licences (chapter C-24.2, r. 34).

A person who contravenes the first paragraph is guilty of an offence and is liable to a fine of $300 to $360.

M.O. 2010-03, s. 2.

3. Where a class 5 driver’s licence authorizing the operation of a three-wheeled motorcycle was issued under Order number 2008-06 dated 11 June 2008 (G.O. 2, 2339A) and Order number 2009-13 dated 28 May 2009 (G.O. 2, 1804) and was valid on 31 October 2009, the authorization to drive a three-wheeled motorcycle is once again valid until 31 December 2011 or until the expiry date of the licence, whichever comes first.

M.O. 2010-03, s. 3.

4. In order to obtain an initial class 5 driver’s licence bearing an endorsement indicating that the Société authorizes the licence holder to operate a three-wheeled motorcycle, a person must hold a class 5 driver’s licence and must have successfully completed a driving course, approved by the Société, to operate a three-wheeled motorcycle.

The requirement of a proficiency examination set forth in sections 67 and 81 of the Highway Safety Code (chapter C-24.2) does not apply to a person seeking to obtain such a licence.

M.O. 2010-03, s. 4.

5. In order to renew or replace a class 5 driver’s licence bearing an endorsement indicating that the Société authorizes the licence holder to operate a three-wheeled vehicle, or in order to obtain a new driver’s licence of that class and bearing that endorsement, a person must hold a class 5 driver’s licence.

M.O. 2010-03, s. 5.

6. A class 5 driver’s licence bearing an endorsement indicating that the Société authorizes the licence holder to operate a three-wheeled motorcycle consists of 2 parts produced on 2 documents, one of which contains the information determined in section 5 of the Regulation respecting licences (chapter C-24.2, r. 34), and the other of which, in addition to the endorsement, contains the following information:

(1)  the licence holder’s file number;

(2)  the licence holder’s surname and usual given name;

(3)  the date the authorization comes into force and the date it expires;

(4)  a note indicating that payment is due each year on the licence holder’s birth date.

M.O. 2010-03, s. 6.

7. Where a class 5 driver’s licence authorizing the operation of a three-wheeled motorcycle is issued under this Order, authorization to drive such a motorcycle is valid from the date the licence is issued until 31 December 2011 or until the expiry date of the licence, whichever comes first.

M.O. 2010-03, s. 7.

8. For the purposes of enforcing section 100 of the Highway Safety Code (chapter C-24.2), a holder of a class 5 driver’s licence authorizing the operation of a three-wheeled motorcycle may not serve as the accompanying rider for the holder of a learner’s licence to drive a motorcycle.

A person who contravenes the first paragraph is liable to a fine of $30 to $60.

M.O. 2010-03, s. 8.

9. A peace officer who has reasonable grounds to believe that a person driving a three-wheeled motorcycle does not hold the licence prescribed in section 2 may, at the expense of the owner and on behalf of the Société, immediately seize the vehicle and have it impounded for 30 days.

Sections 209.3 to 209.26 of the Highway Safety Code (chapter C-24.2) apply to a seizure carried out pursuant to the first paragraph, with the necessary modifications.

M.O. 2010-03, s. 9.

10. (Omitted).

M.O. 2010-03, s. 10.

REFERENCES

M.O. 2010-03, 2010 G.O. 2, 721