c-24.2, r. 20 - Regulation respecting a Reciprocal Agreement between the Gouvernement du Québec and the Governement of the State of Maine concerning drivers’ licenses and traffic offenses

Updated to 1 September 2012

This document has official status.

chapter C-24.2, r. 20

Regulation respecting a Reciprocal Agreement between the Gouvernement du Québec and the Governement of the State of Maine concerning drivers’ licenses and traffic offenses

Highway Safety Code

(chapter C-24.2, s. 631).

1. Application of the Highway Safety Code (chapter C-24.2) to the holder of a driver’s licence issued by the Société de l’assurance automobile du Québec or by the State of Maine, Division of Motor Vehicles, is subject to the provisions contained in the Reciprocal Agreement between the Gouvernement du Québec and the Government of the State of Maine concerning drivers’ licenses and traffic offenses, the text of which is attached hereto.

O.C. 695-92, s. 1.

2. To give effect to the intent of the parties taking into account the coming into force of sections 28, 29 and 44 of Chapter 83 of the Statutes of 1990, the agreement attached hereto shall also apply to new drivers who are holders, for a period of 2 years, of a valid licence. That licence has been designated in Québec, since 14 November 1991, under the name of “probationary licence”.

O.C. 695-92, s. 2.

3. (Omitted).

O.C. 695-92, s. 3.

SCHEDULE

(s. 1)

AGREEMENT BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE STATE OF MAINE CONCERNING DRIVERS’ LICENSES AND TRAFFIC OFFENSES

THE GOUVERNEMENT DU QUÉBEC,

represented by the ministre des Transports and the ministre des Affaires internationales,

AND

THE GOVERNMENT OF THE STATE OF MAINE,

represented by the Secretary of State,

Hereafter designated as the Parties.

WHEREAS the gouvernement du Québec and the Government of the State of Maine wish to:

(1) Promote compliance with traffic laws and improve highway safety within their own borders;

(2) Facilitate, for their respective residents who hold valid driver’s licenses, the issuance of a license by the other party jurisdiction to which they are moving;

(3) Further highway safety by treating offenses for which their residents have been declared guilty in the other party jurisdiction as if these offenses had been committed in the home jurisdiction for the purposes of updating and maintaining driver’s license records and imposing sanctions;

(4) Strengthen cooperation between the two parties so that residents are encouraged to satisfy penalties imposed as a result of declarations of guilt for certain traffic offenses committed outside their home jurisdiction;

(5) Allow motorists to accept traffic citations for certain offenses and proceed on their way without delay.

THEREFORE, THE PARTIES AGREE TO THE FOLLOWING:

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement:

“Class C driver’s license” means a license issued by the State of Maine, Division of Motor Vehicles, authorizing its holder to drive any single vehicle with a gross vehicle weight rating or registered weight of less than 26 000 pounds or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating. A Class C license is a commercial driver’s license only if it carries an endorsement under Title 29, M.R.S.A., section 530-B, subsection 4.

“Class 5 driver’s license” means a license issued by the Société de l’assurance automobile du Québec authorizing its holder to drive a motor vehicle with two (2) axles and with a net mass of less than 4,500 kilograms, a motor vehicle permanently converted into a dwelling, a special mobile equipment and a service vehicle.

“Declaration of guilt” means an admission of guilt or a finding of guilt by a competent court or the payment of a fine for an offense mentioned in paragraph 3.1 committed in the jurisdiction of one party by a resident of the other party jurisdiction.

“Home jurisdiction” means the jurisdiction that issues a driver’s license and has the authority to revoke, suspend or cancel it.

“Jurisdiction of origin” means the jurisdiction which has issued the driver’s license that the holder wants to exchange for a license of the party jurisdiction to which he has moved.

“Valid driver’s license” means a driver’s license that, at the time of exchange, has not expired, is not revoked, suspended or cancelled by the jurisdiction which issued it.

ARTICLE 2

DRIVER’S LICENSE EXCHANGE

2.1 A resident of Maine who holds a valid class C driver’s license may, when moving to Québec, exchange such license without examination other than a vision test, for a class 5 driver’s license on payment of the fees prescribed by regulation and the amount fixed by section 151 of the Automobile Insurance Act (chapter A-25).

2.2 A resident of Québec who holds a valid class 5 driver’s license may, when moving to Maine, exchange such license, after having passed a written test and a vision test, for a class C driver’s license on payment of the fees prescribed by regulation under the Maine Motor Vehicle Statutes (M.R.S.A., Title 29).

2.3 The home jurisdiction shall return the exchanged license to the jurisdiction of origin.

2.4 The jurisdiction of origin shall verify the validity of the driver’s license and transmit the following information, to the extent available, to the new home jurisdiction:

— the holder’s name and address;

— the holder’s height, sex, and date of birth;

— the holder’s driving record;

— the driver’s license number;

— the expiry date of the license;

— any conditions attached to the license;

— any suspensions or revocations on record, including:

• the reasons for such suspensions or revocations;

• the periods of closed suspensions or revocations;

— the date of the record’s disclosure.

2.5 Information obtained by the new home jurisdiction pursuant to paragraph 2.4 becomes part of the driver’s record.

2.6 A driver’s license issued pursuant to paragraphs 2.1 and 2.2 may subsequently be revoked, suspended, cancelled or new conditions may be attached to the license and additional examination may be required based upon information received pursuant to paragraph 2.4.

ARTICLE 3

REPORTS AND EFFECTS OF CONVICTION

3.1 Declarations of guilt concerning the following offenses shall be reported to the jurisdiction of origin of the license holder by the jurisdiction in which the offense was committed:

3.1.1 Criminal offenses

— Offenses relating to the operation of a motor vehicle while under the influence of alcohol or drugs, under section 1312-B. of the Maine Motor Vehicle Statutes (M.R.S.A., Title 29) and under section 253, 254, or 255 of the Canada Criminal Code (R.S.C., 1985, c. C-46);

— Offenses relating to criminal negligence or manslaughter resulting from the operation of a motor vehicle under section 201, 203, or 208 of the Maine Criminal Code (M.R.S.A., Title 17-A) and under section 220, 221, or 236 of the Canada Criminal Code;

— Offenses relating to dangerous driving under section 1314 of the Maine Motor Vehicle Statutes and under section 249 of the Canada Criminal Code.

3.1.2 Traffic offenses

— Offenses relating to the failure of a driver involved in an accident to do his or her duty under section 891, 893, 894, 897, or 898 of the Maine Motor Vehicle Statutes and under section 168, 169, 170, or 171 of the Québec Highway Safety Code (chapter C-24.2);

— Offenses relating to driving over a prescribed or posted speed limit or at a speed in excess of that which is reasonable and prudent, under section 1251 or 1252 of the Motor Vehicle Statutes and under section 327, 328, or 329 of the Highway Safety Code;

— Offenses relating to the failure to obey a red light or a stop sign, under section 947, 949, or 952 of the Motor Vehicle Statutes and under section 359, 360, 368, 369, or 370 of the Highway Safety Code;

— Offenses relating to the failure to stop at the approach of a school bus with its flashing lights in operation, under section 2019 of the Motor Vehicle Statutes and under section 460 of the Highway Safety Code.

3.1.3 Other offenses

— Offenses under county or municipal by-laws or ordinances, similar to those offenses listed in subparagraph 3.1.2.

3.2 Information reported under paragraph 3.1 shall be transmitted in a manner mutually agreeable to both parties.

3.3 For the purposes of driver licensing records, the home jurisdiction shall recognize a declaration of guilt of one of its residents in the other party jurisdiction as if the offense had been committed in the home jurisdiction. Demerit points shall be assessed and suspensions or revocations issued in accordance with the laws of the home jurisdiction.

ARITCLE 4

ISSUANCE OF CITATION

4.1 Except as provided under paragraph 4.2, a police officer issuing a citation to a resident of the other party jurisdiction shall not require the posting of collateral or take the resident into custody unless he has reasonable grounds to believe that the resident will not comply with the terms of the citation.

4.2 A police officer may, for an offense referred to in subparagraph 3.1.1, require the posting of collateral or take the resident into custody.

ARTICLE 5

NON PAYMENT OF FINES

5.1 Whenever a person resident in a party jurisdiction is declared guilty in the other party jurisdiction of an offense mentioned in paragraph 3.1, and the person fails to pay any fine imposed as a result of such declaration of guilt, the jurisdiction in which the offense was committed may notify the home jurisdiction of such unpaid fine.

5.2 Upon receipt of the notification prescribed in paragraph 5.1, the home jurisdiction may inform the resident that his or her driving privileges are or will be suspended in the other party jurisdiction pending compliance with the terms of the citation.

ARTICLE 6

ADMINISTRATION

6.1 The Société de l’assurance automobile du Québec and the Secretary of the State of Maine are the administrators of this Agreement and, in this capacity, undertake to develop the forms and procedures necessary to administer this Agreement.

6.2 The administrator in each party jurisdiction shall provide the other with any information or documents necessary to facilitate administration of this Agreement. Such information shall include notification of any legislative or regulatory changes which may affect the terms of this Agreement.

6.3 The provisions of this Agreement shall remain in force, with appropriate changes, when any amendment to the laws or regulations of one of the parties does not substantially affect these provisions.

ARTICLE 7

MISCELLANEOUS PROVISIONS

7.1 This Agreement does not invalidate any provision of a law or regulation in force within the territory of either party relating to drivers’ licenses.

This Agreement shall not affect any other reciprocal agreement between one of the parties and a non-signatory party to this Agreement.

7.2 A party may withdraw from this Agreement by written notice to the other party.

Such withdrawal shall take effect ninety (90) days after receipt of such notice.

7.3 This Agreement will be effective upon formal notice on a date acceptable to both parties after the required internal procedures are completed.

Signed at Québec this 10th day of June 1991.

In duplicate in the English and French languages each text being equally authentic.

FOR THE GOUVERNEMENT DU QUÉBEC

SAM ELKAS

__________________________________________________

Ministre des Transports

JOHN CIACCIA

__________________________________________________

Ministre des Affaires internationales

Signed at Augusta this 25th day of September 1991.

In duplicate in the English and French languages each text being equally authentic.

FOR THE GOVERNMENT OF THE STATE OF MAINE

G. WILLIAM DIAMOND

__________________________________________________

Secretary of State

AGREEMENT BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE STATE OF MAINE CONCERNING DRIVERS’ LICENSES AND TRAFFIC OFFENSES

APPENDIX

PART I — PENALTIES APPLIED BY QUÉBEC

In accordance with Article 3 of this Agreement, Québec will apply the following penalties to its residents.

[C-24.2R0.1.2.2, see 1992 G.O. 2, 2709]

OFFENSE PURSUANT TO THE LEGISLATION          APPLICABLE PENALTY IN QUÉBEC
OF THE STATE OF MAINE


                            I - CRIMINAL OFFENSES
______________________________________________________________________________

1.1 Section 1312-B. of the Motor          1.1 License revocation or suspension
    Vehicle Statutes.                         of the right to obtain a license
                                              for at least one (1) year.

1.2 Section 201, 203 or 208               1.2 License revocation or suspension
    of the Criminal Code.                     of the right to obtain a license
                                              for at least one (1) year.


1.3 Section 1314 of the                   1.3 License revocation or suspension
    Motor Vehicle Statutes.                   of the right to obtain a license
                                              for at least one (1) year.
______________________________________________________________________________

                               II - OTHER OFFENSES
______________________________________________________________________________

2.1 Section 891, 893, 894, 897 or 898     2.1 Assessment of at least nine (9)
    of the Motor Vehicles Statutes or         demerit points on the driver’s 
    like section of a county or               record.
    municipal by-law or ordinance.

2.2 Section 1251 or 1252 of the Motor     2.2 Assessment of at least one (1)
    Vehicle Statutes or like section          demerit points on the driver’s 
    of a county or municipal by-law           record.
    or ordinance.		

2.3 Section 947, 949 or 952 of            2.3 Assessment of at least three (3)
    the Motor Vehicle Statutes or             demerit points on the driver’s 
    like section of a county or               record.
    municipal by-law or ordinance.

2.4 Section 2019 of the Motor Vehicle     2.4 Assessment of at least nine (9)
    Statutes or like section of a             demerit points on the driver’s
    county or municipal by-law or             record.
    ordinance.
______________________________________________________________________________    

PART II — PENALTIES APPLIED BY THE STATE OF MAINE

In accordance with Article 3 of this Agreement, the State of Maine will apply the following penalties to its residents.

[C-24.2R0.1.2.2, see 1992 G.O. 2, 2710]

OFFENSE PURSUANT TO THE LEGISLATION          APPLICABLE PENALTY IN MAINE
OF QUÉBEC  

                            I - CRIMINAL OFFENSES
______________________________________________________________________________

1.1 Section 253, 254 or 255 of            1.1 License revocation or suspension
    the Criminal Code.                        of the right to obtain a license
                                              for at least ninety (90) days.


1.2 Section 220, 221 or 236 of            1.2 License revocation or suspension 
    the Criminal Code.                        of the right to obtain a license
                                              for a period up to five (5)
                                              years.

1.3 Section 249 of the Criminal Code.     1.3 License revocation or suspension
                                              of the right to obtain a license
                                              for at least thirty (30) days.
______________________________________________________________________________

                            II - OTHER OFFENSES
______________________________________________________________________________

2.1 Section 168, 169, 170 or 171 of       2.1 License revocation or suspension
    the Highway Safety Code or                of the right to obtain a license
    like section of a municipal by-law.       for a period up to thirty (30) 
                                              days and/or assessment of at
                                              least six (6) demerit points on
                                              the driver’s record.

2.2 Section 327, 328 or 329 of the        2.2 License revocation or suspension
    Highway Safety Code or like               of the right to obtain a license
    section of a municipal by-law.            for a period up to thirty (30)
                                              days and/or assessment of at
                                              least six (6) demerit points on
                                              the driver’s record.


2.3 Section 359, 360, 368, 369 or 370     2.3 Assessment of at least four (4)
    of the Highway Safety Code or like        demerit points on the driver’s 
    section of a municipal by-law.            record.

2.4 Section 460 of the Highway Safety     2.4 License revocation or suspension
    Code or like section of a                 of the right to obtain a license  
    municipal by-law.                         for a period up to thirty (30) 
                                              days.
______________________________________________________________________________    

O.C. 695-92, Sch.

REFERENCES

O.C. 695-92, 1992 G.O. 2, 2705