p-30.3 - Act respecting owners, operators and drivers of heavy vehicles

Updated to 21 June 2001

This document has official status.

chapter P-30.3

Act respecting owners and operators of heavy vehicles

CHAPTER I SCOPE

1. This Act establishes special rules applicable to owners and operators of heavy vehicles with a view to increasing the safety of road users on roads open to public vehicular traffic and to preserving the integrity of the road network.

Land occupied by shopping centres and other land where public traffic is allowed shall be considered to be a road open to public vehicular traffic.

1998, c. 40, s. 1.

2. For the purposes of this Act,

(1)  an owner of a heavy vehicle is a person whose name appears on the vehicle’s registration certificate or a person who holds, in respect of the vehicle, a right within the meaning of section 2 of the Highway Safety Code (chapter C‐24.2);

(2)  an operator of a heavy vehicle is a person who offers services related to the transportation of persons or goods or to vehicle assistance, or who operates a heavy vehicle for personal purposes or as a tool or equipment, whether the person is the owner of the vehicle or operates the vehicle pursuant to a leasing contract, regardless of whether the services of a driver are supplied by the lessor;

(3)  “heavy vehicle” means

(a)  a road vehicle or a combination of road vehicles, within the meaning of the Highway Safety Code, having a net mass in excess of 3,000 kg;

(b)  a minibus or a tow truck, within the meaning of that Code, regardless of net mass;

(c)  a road vehicle subject to the Transportation of Dangerous Substances Regulation made by Order in Council 674‐88 (1988, G.O. 2, 2082).

In this Act and the regulations, unless otherwise indicated by the context, “person” means, in addition to a natural person and a legal person, a partnership.

1998, c. 40, s. 2.

3. The Government may, by regulation and subject to the conditions it determines,

(1)  exempt certain heavy vehicles or certain classes of heavy vehicles from the application of all or part of this Act;

(2)  prescribe, for the purpose of harmonizing this Act with the rules governing persons who operate heavy vehicles mainly outside Québec, a net mass other than the net mass referred to in subparagraph a of subparagraph 3 of the first paragraph of section 2, or determine a total loaded mass applicable to those persons.

1998, c. 40, s. 3.

CHAPTER II REGISTER OF OWNERS AND OPERATORS OF HEAVY VEHICLES

4. A register in which owners and operators of heavy vehicles are to be registered and containing the information referred to in sections 7, 12 and 35 is hereby established at the Commission des transports du Québec under the name “Registre des propriétaires et des exploitants de véhicules lourds”.

The Government may, by regulation, exempt any group or any class of persons it determines from the requirement to be registered. The exemption may be subject to conditions and be granted for a limited period of time. Persons so exempted are deemed not to be governed by this Act insofar as the persons comply with the conditions, if any, imposed on them.

1998, c. 40, s. 4.

5. Only owners registered in the Commission’s register may put a heavy vehicle into operation on a road open to public vehicular traffic. Only operators registered in the register may operate or offer the services of a heavy vehicle on a road open to public vehicular traffic.

A person may register as both an owner and operator.

1998, c. 40, s. 5.

6. An application for registration must be in the form and tenor determined by the Commission and be made with payment of the fees fixed by regulation of the Government.

1998, c. 40, s. 6.

7. To register as an owner or operator a person must provide the following information:

(1)  the person’s name and address and, where applicable, the names and addresses of the person’s directors;

(2)  where heavy vehicles are currently registered or operated outside Québec, the identification number, if any, assigned by another administrative authority having jurisdiction over the operation of heavy vehicles in its territory;

(3)  where applicable, the amount of any unpaid fine in respect of which no appeal has been filed, that was imposed under this Act, the Transport Act (chapter T‐12), the Highway Safety Code (chapter C‐24.2) or a legislative or regulatory provision referred to in section 519.65 of that Code in respect of which an agreement has been entered into with the Société de l’assurance automobile du Québec.

The Commission may require a person applying for registration to furnish any information it considers relevant, including the number, class, assignment and habitual use made of the heavy vehicles owned or operated as well as a description of the proposed transport services.

1998, c. 40, s. 7.

8. The Minister or the Commission may, in accordance with the law, enter into a reciprocity agreement with another government or a department of that government or with any body, providing, in particular, for the recognition of the registrations granted and the decisions made by the Commission.

The agreement may provide for partial exemptions for any person from the application of this Act, recognize the registration of an owner or operator of heavy vehicles granted by another administrative authority and make applicable any administrative measure imposed as a sanction for conduct materially similar to conduct to which this Act applies.

The Commission is responsible for the implementation of such an agreement.

1998, c. 40, s. 8.

9. The Commission shall refuse to register a person if

(1)  the person has not furnished the information required under the first paragraph of section 7;

(2)  the person has been convicted of an indictable offence related to the operation of a heavy vehicle in the last five years and for which the person has not been granted a pardon;

(3)  at the time the application is made, the person or any of the person’s directors is subject to a decision of the Commission prohibiting the person or director from putting a heavy vehicle into operation or from operating a heavy vehicle;

(4)  at the time the application is made, the person is subject to a decision of an administrative authority that is a party to an agreement under section 8 prohibiting the person from putting a heavy vehicle into operation or from operating a heavy vehicle;

(5)  the person does not hold the licence required under section 50.0.6 of the Fuel Tax Act (chapter T‐1), is not registered in the register established under section 58 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45) or is not registered under section 290 of the Act respecting industrial accidents and occupational diseases (chapter A‐3.001); or

(6)  the person has not paid a fine imposed under this Act, the Transport Act (chapter T‐12), the Highway Safety Code (chapter C‐24.2) or a legislative or regulatory provision referred to in section 519.65 of that Code in respect of which an agreement has been entered into with the Société, unless an appeal has been brought or the person’s situation is regularized with the Commission.

1998, c. 40, s. 9.

10. The Commission may refuse an application for registration made by a person who fails or refuses to furnish to the Commission the information it requires under the second paragraph of section 7 or who furnishes inaccurate information.

1998, c. 40, s. 10.

11. The Commission may enter into any administrative agreement necessary for the purposes of this Act with any minister or body.

The Commission may enter into an administrative agreement with the Minister of Justice to allow the Commission, on the terms and conditions provided for in the agreement, to act in the capacity of mandatary to recover the fines covered by the agreement.

Following an agreement with any other minister or body, the Commission may, in particular, accept a mandate to collect the information required for the registration of a person who is subject to a special obligation imposed by that authority, and to collect the related fees and duties.

The Commission may, with the approval of the Minister and subject to the conditions it establishes, appoint and authorize persons to collect on its behalf the sums referred to in this section and to make any transaction it indicates relating to the application of this Act, and may determine the amount and method of compensation of the persons appointed.

1998, c. 40, s. 11.

12. The Commission shall assign an identification number and an initial rating to every person it registers. An initial rating must bear the word “satisfactory” unless, at the time the Commission is to issue the identification number, the person is subject to a decision of the Commission or of an administrative authority that is a party to an agreement under section 8 imposing conditions regarding the ownership or operation of a heavy vehicle. In such a case, the initial rating must bear the word “conditional”.

1998, c. 40, s. 12.

13. A person registered must, to maintain the person’s rights as an owner or operator, notify the Commission within 30 days of any change in the information required under the first paragraph of section 7.

The person must also pay, each year, to the Commission the registration renewal fees fixed by regulation of the Government, subject to the terms and conditions it fixes.

1998, c. 40, s. 13.

14. The Commission shall update, at least once a year, the information in the public register it maintains and in respect of which the Government may, by regulation, fix access fees.

1998, c. 40, s. 14.

15. The Commission shall establish and maintain a list of transport service intermediaries carrying on business in Québec. The list is public. The Commission shall also establish a file on each transport service intermediary who applies for registration.

Only intermediaries entered on the list may provide such services.

The expression “transport service intermediary” means any person who, for remuneration, acts directly or indirectly as an intermediary in a transaction between third persons the object of which is the transportation of persons or property by a heavy vehicle.

1998, c. 40, s. 15.

16. Every transport service intermediary must register or renew registration by filing an application with the Commission, in the form and tenor determined by the Commission, together with payment of the fees fixed by regulation of the Government.

Where such a person fails to register or renew registration, any contract entered into by the person becomes without effect.

1998, c. 40, s. 16; 1999, c. 40, s. 349.

17. The Commission may require any information it considers pertinent from a person applying to be registered on the list of transport service intermediaries. A person who fails to provide such information shall be struck off the list.

1998, c. 40, s. 17.

18. The Société shall transmit to the Commission all the information it holds concerning a transport service intermediary. The Commission shall enter that information in the file of the intermediary concerned.

1998, c. 40, s. 18.

18.1. The Government may, by regulation, in the cases and according to the terms and conditions it determines, impose on the transport service intermediaries it indicates the obligation to obtain and maintain a suretyship contract for an amount it determines, and file the contract with the Commission, so as to guarantee the performance of their obligations toward other contracting parties. The suretyship contract must be accompanied with an undertaking by the surety to notify the Commission in the event of cancellation or non-renewal of the contract or reduction of the suretyship amount.

If such a suretyship contract is not obtained or maintained, the registration of the transport service intermediary on the list established under section 16 shall be refused or cancelled. An intermediary whose registration has been cancelled cannot present another application for registration until the default has been remedied and 90 days have elapsed since the date of cancellation.

The Commission shall publish the name and address of the surety together with the name of the intermediary whose obligations are guaranteed by the surety.

2000, c. 35, s. 3.

CHAPTER III OBLIGATIONS

19. An operator of heavy vehicles must, if the operator is not the owner, keep in each vehicle a copy of the leasing contracts or contracts for services.

1998, c. 40, s. 19.

20. An owner of heavy vehicles who is not the operator must, if the owner is subject to an administrative measure prohibiting the putting into operation of all or certain of the owner’s heavy vehicles or imposing certain restrictions on their use, notify the operator by supplying the operator with a copy of the decision of the Commission. As well, an operator must notify the owner of the vehicles being operated in the event that the operator is subject to an administrative decision prohibiting or restricting the operation of the vehicles.

For the purposes of section 39, the owner is responsible for ascertaining that the operator is not subject to a measure imposing a prohibition or restriction and the operator is responsible for ascertaining that the owner is not subject to a measure imposing a prohibition.

1998, c. 40, s. 20.

21. No person shall lease a heavy vehicle to a person who is subject to an administrative measure prohibiting the operation of heavy vehicles or to a person who is not registered under this Act, or entrust such a person with the control of heavy vehicles except, in the latter case, if the person is exempt from the requirement to be registered.

1998, c. 40, s. 21.

CHAPTER IV MONITORING AND CONTROL OF HEAVY VEHICLES

DIVISION I POWERS OF THE SOCIÉTÉ

22. The Société shall maintain, using the information reported to it, in particular the information transmitted by the police forces and the Commission, a file on each owner and each operator of heavy vehicles. The Société shall, in accordance with its administrative policy, identify the owners and operators who require special monitoring because of conduct that presents a risk. For that purpose, the Société shall consider, in particular, contraventions of the provisions of this Act and the Highway Safety Code (chapter C‐24.2), reports and statements of offence or convictions in respect of those persons and the drivers of the heavy vehicles owned or operated by those persons, inspections and road check operations concerning them, even those that reveal no irregularity and any accident involving a heavy vehicle owned or operated by those persons.

The Société shall consider only reports and statements of offence or convictions in respect of an act done by a driver of heavy vehicles in performing work as a driver.

1998, c. 40, s. 22.

23. The Société shall also consider any contravention of a provision of an Act the application of which it is responsible for pursuant to section 519.65 of the Highway Safety Code (chapter C‐24.2) if such a provision, as determined by the Government by regulation, concerns the safety of the users of roads open to public vehicular traffic or the integrity of the road network and an agreement has been entered into between the Société and the authority responsible for the application of that provision.

1998, c. 40, s. 23.

24. To establish or modify the administrative policy referred to in the first paragraph of section 22, the Société shall, according to the classes of road transport services it determines, consult representatives of the owners and operators of heavy vehicles and take into consideration, where relevant, the factors retained by the Commission in its decisions.

The Société shall publicize its administrative policy and any modification it makes to the policy in the manner it considers appropriate so that the rules to be used as a guide in assessing the conduct of owners and operators of heavy vehicles are known.

1998, c. 40, s. 24.

25. The Société may, after assessing the file, propose to the Commission

(1)  that the rating of the person registered be replaced by a more favourable rating or that an additional condition attached to the person’s registration be removed, if the person’s conduct has improved; or

(2)  that the rating of the person registered be replaced by an unfavourable rating, that the assigned rating be maintained but with an additional condition attached to the maintenance of the person’s rights as an owner or operator, or that the person be declared disqualified, if the person’s conduct presents a risk.

In the case of an emergency or a situation which, in the opinion of the Société, endangers the safety of the users of roads open to public vehicular traffic or threatens the integrity of the road network, the Société shall submit to the Commission, after a summary assessment, a report with its recommendations.

1998, c. 40, s. 25.

DIVISION II POWERS OF THE COMMISSION

26. On its own initiative or after examining a proposal or a request made by the Société or any other person, the Commission may, if it has ascertained a contravention of the provisions of this Act, the Highway Safety Code (chapter C‐24.2) or any other Act referred to in section 23, promptly take one or more of the following measures:

(1)  prohibit the putting into operation or the operation of all or certain heavy vehicles owned or operated by a person;

(2)  declare an owner or an operator of heavy vehicles totally or partially disqualified;

(3)  make a total disqualification applicable to the partners of a partnership or the directors of a legal person who, in its opinion, had a determining influence;

(4)  impose special conditions concerning, in particular, the class of heavy vehicles that may be used, their capacity and mechanical condition, the qualifications of drivers, hours of driving, loads and dimensions, reports to be filed, security to be furnished and the safety or monitoring equipment to be installed on heavy vehicles, as conditions for maintaining a person’s rights as an owner or operator;

(5)  in the case of a person whose activities are considered by the Commission to be in the public interest, appoint, for the period it fixes and at the expense of that person, a director who is deemed to exercise alone all the powers of the board of directors in relation to the operation of any heavy vehicle;

(6)  appoint, for the period it fixes and at the expense of the person concerned, a supervisor who will report to the Commission on the putting into operation or operation of the heavy vehicles by the person concerned;

(7)  identify from among the employees of a person concerned the employees who require training courses, at the expense of that person, within the time and on the conditions determined by the Commission, in various fields of activity related to safety in the transportation of persons or goods or to the protection of the road network;

(8)  strike off transport service intermediaries from the list established under section 15 for a period of not more than five years or impose conditions for the maintenance of their registration if their practices endanger the safety of road users or threaten the integrity of the road network;

(9)  enter into administrative agreements with any person registered; and

(10)  take any other measure it considers appropriate and reasonable.

Owners, operators or transport service intermediaries may apply to the Commission to have the Commission consider their files, in particular for the purposes of an agreement under subparagraph 9 of this section.

1998, c. 40, s. 26.

27. The Commission shall declare totally disqualified any person who

(1)  by actions or omissions has, in the Commission’s opinion, placed the safety of the users of the road network at risk or significantly threatened the integrity of the road network;

(2)  has furnished false information with regard to subparagraph 1 or 3 of the first paragraph of section 7;

(3)  has contravened a decision of the Commission to which the person is subject or an administrative agreement entered into with the Commission;

(4)  has been convicted of an indictable offence related to the operation of a heavy vehicle and for which the person has not been granted a pardon;

(5)  has been subject to a decision of another administrative authority that is a party to an agreement under section 8 prohibiting the person from putting a heavy vehicle into operation or from operating a heavy vehicle.

1998, c. 40, s. 27.

28. The Commission shall also declare totally disqualified any person who, in the Commission’s opinion, endangers the safety of the users of roads open to public vehicular traffic or threatens the integrity of the road network by repeated and habitual contravention of a provision of this Act, the Highway Safety Code (chapter C‐24.2) or any other Act referred to in section 23.

1998, c. 40, s. 28.

29. The Commission shall declare partially disqualified any person who

(1)  by actions or omissions has, in the Commission’s opinion, endangered the safety of the users of the road network or threatened the integrity of the road network;

(2)  is no longer the holder of a licence required under section 50.0.6 of the Fuel Tax Act (chapter T‐1), is not registered in the register established under section 58 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45) or is not registered under section 290 of the Act respecting industrial accidents and occupational diseases (chapter A‐3.001);

(3)  has failed to pay a fine imposed under this Act, the Transport Act (chapter T‐12), the Highway Safety Code (chapter C‐24.2) or a legislative or regulatory provision referred to in section 519.65 of that Code in respect of which an agreement has been entered into with the Société, unless an appeal has been filed;

(4)  has refused to allow an inspection to be conducted by or has hindered the work of a person authorized by law to make an inspection.

1998, c. 40, s. 29.

30. Where the Commission declares a person totally disqualified, the Commission shall assign to the person a rating of “unsatisfactory”. Such a declaration operates to prohibit the putting into operation or the operation of heavy vehicles. The Commission shall notify its decision to the person concerned.

1998, c. 40, s. 30.

31. A person declared totally disqualified and, where applicable, the person’s partners or directors referred to in subparagraph 3 of the first paragraph of section 26 may not apply for registration, personally or on behalf of a partnership or legal person they control or of which they are directors, before the time fixed by the Commission in that respect has expired. That time may not exceed five years.

1998, c. 40, s. 31.

32. Where the Commission declares a person partially disqualified, the Commission shall assign to the person a rating of “conditional” and attach such special conditions to the person’s registration as it determines. The Commission shall notify its decision to the person concerned.

1998, c. 40, s. 32.

33. A person declared totally or partially disqualified shall not transfer or otherwise dispose of heavy vehicles registered in the person’s name except with the consent of the Commission; the Commission shall withhold its consent if it considers that the transfer or disposal is to be made for the purpose of avoiding the imposed administrative measure.

The first paragraph applies, with the necessary modifications, to every owner or operator of heavy vehicles who is the subject of an inquiry made by the Commission to determine whether the owner or operator is attempting to avoid the application of this Act. The paragraph also applies to every owner or operator of heavy vehicles whose file is referred to the Commission for the imposition of an administrative measure, from the transmission to the Commission of the file maintained by the Société in accordance with section 22 or, in other cases, from the transmission by the Commission of a prior notice under section 37.

1998, c. 40, s. 33; 2001, c. 27, s. 8.

34. The Commission may, of its own initiative or on request, change a rating it has assigned.

The Commission may reassess a rating assigned where it is of the opinion that the person registered has taken efficient action or implemented concrete measures that allow the Commission to reasonably believe that the unsafe conduct that was the subject of the administrative measure has been remedied and will not reoccur.

1998, c. 40, s. 34.

35. The ratings assigned by the Commission are public. The Commission shall make the ratings and its decisions available to the public in the manner it considers appropriate.

1998, c. 40, s. 35.

36. The Commission may, in exercising its powers, take into consideration any inspections and road check operations that have revealed no irregularity as well as any corrective measures taken by a person registered.

1998, c. 40, s. 36.

37. Before making a decision declaring a person disqualified or prohibiting the person from putting a heavy vehicle into operation or from operating a heavy vehicle, the Commission shall inform the owner or operator in writing as provided in section 5 of the Act respecting administrative justice (chapter J‐3) and allow the owner or operator at least 10 days to present observations. The same applies where the Commission proposes to strike off a transport service intermediary from the list or impose conditions for the maintenance of the intermediary’s registration.

The Commission shall transmit a copy of the prior notice referred to in the first paragraph to the Société if the file was proposed or referred to the Commission by the Société, and inform the Société of the date of the meeting, if any, with the owner or operator. The Société must be represented at such a meeting.

An exception shall be made to such prior obligations if the decision is made in urgent circumstances or to prevent irreparable harm to users of the roads open to public vehicular traffic or to the integrity of the road network.

1998, c. 40, s. 37.

38. The decisions of the Commission, except decisions refusing a registration under section 9, may be reviewed under sections 17.2 to 17.4 of the Transport Act (chapter T‐12). Such decisions may also be contested before the Administrative Tribunal of Québec in accordance with sections 51 to 53 of that Act.

1998, c. 40, s. 38.

DIVISION III SEIZURE, INSPECTION AND INQUIRY

39. A heavy vehicle being operated on a road open to public vehicular traffic in contravention of a measure prohibiting the putting of a heavy vehicle into operation or the operation of a heavy vehicle may be immediately seized by a peace officer and impounded for a period of 30 days. The seizure, to which the provisions of sections 209.3 to 209.10 and section 209.23 of the Highway Safety Code (chapter C‐24.2) apply, with the necessary modifications and replacing therein, except in section 209.8, “Société” by “Commission”, shall be effected on behalf of the Commission and the costs of the seizure shall be chargeable to the person subject to the prohibition.

Where the owner or the person subject to the prohibition is unaware of the prohibition, or where the seizure was effected by mistake, release or recovery of the vehicle may be obtained in accordance with the provisions of sections 209.11 to 209.15 of the Highway Safety Code, with the necessary modifications and replacing therein, except in section 209.15, “Société” by “Commission”.

The provisions of sections 209.17 to 209.22.3 and 209.24 to 209.26 and the regulatory provisions under paragraph 50 of section 621 of that Code also apply, with the necessary modifications, to the seizure.

1998, c. 40, s. 39; 1999, c. 66, s. 33.

40. (Repealed).

1998, c. 40, s. 40; 2000, c. 35, s. 4; 2001, c. 27, s. 9.

41. An inspector or a peace officer may require that any registration number or any document to which this Act applies be communicated for examination.

1998, c. 40, s. 41.

42. The Commission may, of its own initiative or on request, make an inquiry to determine whether a person is contravening this Act or whether the operation of a heavy vehicle or the practices of a transport service intermediary endanger the safety of road users or threaten the integrity of the road network.

1998, c. 40, s. 42.

CHAPTER V PENAL PROVISIONS

43. Every person who furnishes false information with regard to the first paragraph of section 7 is guilty of an offence and is liable to a fine of $500 to $1,500 and, in the case of a subsequent offence, $1,500 to $2,500.

1998, c. 40, s. 43.

44. Every person who fails to comply with an obligation under any of sections 19 to 21 or section 33, as the case may be, is guilty of an offence and is liable to a fine of $500 to $1,500 and, in the case of a subsequent offence, $1,500 to $2,500.

1998, c. 40, s. 44.

45. Every registered person who fails to notify the Commission of a change in the information furnished under the first paragraph of section 7 within 30 days of the event giving rise to the change is guilty of an offence and is liable to a fine of $250 to $750 and, in the case of a subsequent offence, $750 to $1,500.

1998, c. 40, s. 45.

46. The following are guilty of an offence and are liable to a fine of $250 to $750:

(1)  every registered person who claims to have a rating other than the rating assigned under this Act;

(2)  every person who falsely claims to be registered in compliance with this Act.

In the case of a subsequent offence, the fine is $750 to $1,500.

1998, c. 40, s. 46.

47. The following are guilty of an offence and are liable to a fine of $350 to $1,050 and, in the case of a subsequent offence, $700 to $2,100:

(1)  every transport service intermediary who falsely claims to be registered in compliance with this Act;

(2)  every transport service intermediary who offers transport services without being registered under this Act;

(3)  every operator who makes a contract to which a transport service intermediary not registered in compliance with this Act is a party.

1998, c. 40, s. 47.

48. Every non-registered person who contravenes section 5 and every registered person who puts a heavy vehicle into operation or operates a heavy vehicle on a road open to public vehicular traffic while prohibited from doing so following a decision of the Commission is guilty of an offence and is liable to a fine of $500 to $1,500 and, in the case of a subsequent offence, $1,500 to $2,500.

1998, c. 40, s. 48.

CHAPTER VI ACCESS TO INFORMATION AND RETENTION OF INFORMATION

49. The Société shall make available to the Commission any information the Commission requires to make a decision in a matter that it takes up or that is referred to it under this Act. As well, the Commission shall make available to the Société any information enabling the Société to monitor the operation of heavy vehicles on roads open to public vehicular traffic, whatever the source of the information.

The Commission may transmit to another administrative authority that is a party to an agreement under section 8 any information concerning a person subject to this Act if communication of the information is necessary for the purposes of such an agreement.

1998, c. 40, s. 49.

50. On payment of the fees fixed by the Société, a person registered in the Commission’s register may have access to the information in a statement of offence or a conviction concerning acts done by drivers employed by the person or a person with whom the person registered is bound by a contract for the use of a heavy vehicle under the control of the person registered, provided that the acts were done in the performance of their work as drivers. However, the information communicated must reveal only the identity of the driver, the nature of the act and the time at which the act was done.

1998, c. 40, s. 50.

51. The Commission shall retain all the information concerning a registered person for a period of five years from the date on which the Commission declares the person’s total disqualification. The same applies, from the same time, in the case of a person who is not registered but who is declared totally disqualified, from the date of the Commission’s refusal in the case of a person who is not registered as a result of a refusal by the Commission, or from the date on which the payment referred to in section 13 became payable in the case of a registered person who ceased to be registered as a result of failure to maintain the person’s rights as an owner or operator.

1998, c. 40, s. 51.

CHAPTER VII AMENDING, TRANSITIONAL AND MISCELLANEOUS PROVISIONS

52. (Amendment integrated into c. A-25, s. 87.1).

1998, c. 40, s. 52.

53. (Amendment integrated into c. A-25, s. 186).

1998, c. 40, s. 53.

54. (Omitted).

1998, c. 40, s. 54.

55. (Amendment integrated into c. C-24.2, s. 4).

1998, c. 40, s. 55.

56. (Amendment integrated into c. C-24.2, s. 21).

1998, c. 40, s. 56.

57. (Amendment integrated into c. C-24.2, s. 35).

1998, c. 40, s. 57.

58. (Amendment integrated into c. C-24.2, s. 39).

1998, c. 40, s. 58.

59. (Amendment integrated into c. C-24.2, s. 39.1).

1998, c. 40, s. 59.

60. (Amendment integrated into c. C-24.2, s. 59).

1998, c. 40, s. 60.

61. (Amendment integrated into c. C-24.2, s. 65).

1998, c. 40, s. 61.

62. (Omitted).

1998, c. 40, s. 62.

63. (Amendment integrated into c. C-24.2, s. 97).

1998, c. 40, s. 63.

64. (Amendment integrated into c. C-24.2, s. 145).

1998, c. 40, s. 64.

65. (Omitted).

1998, c. 40, s. 65.

66. (Amendment integrated into c. C-24.2, s. 188).

1998, c. 40, s. 66.

67. (Amendment integrated into c. C-24.2, s. 189).

1998, c. 40, s. 67.

68. (Amendment integrated into c. C-24.2, s. 209.7).

1998, c. 40, s. 68.

69. (Amendment integrated into c. C-24.2, s. 212.1).

1998, c. 40, s. 69.

70. (Amendment integrated into c. C-24.2, s. 213).

1998, c. 40, s. 70.

71. (Amendment integrated into c. C-24.2, s. 214.1).

1998, c. 40, s. 71.

72. (Amendment integrated into c. C-24.2, s. 216).

1998, c. 40, s. 72.

73. (Omitted).

1998, c. 40, s. 73.

74. (Amendment integrated into c. C-24.2, s. 220.2).

1998, c. 40, s. 74.

75. (Amendment integrated into c. C-24.2, s. 220.3).

1998, c. 40, s. 75.

76. (Amendment integrated into c. C-24.2, s. 226.1).

1998, c. 40, s. 76.

77. (Amendment integrated into c. C-24.2, s. 240.1).

1998, c. 40, s. 77.

78. (Amendment integrated into c. C-24.2, s. 272.1).

1998, c. 40, s. 78.

79. (Amendment integrated into c. C-24.2, s. 281).

1998, c. 40, s. 79.

80. (Amendment integrated into c. C-24.2, s. 284).

1998, c. 40, s. 80.

81. (Amendment integrated into c. C-24.2, s. 285).

1998, c. 40, s. 81.

82. (Amendment integrated into c. C-24.2, s. 286).

1998, c. 40, s. 82.

83. (Amendment integrated into c. C-24.2, s. 289)

.

1998, c. 40, s. 83.

84. (Amendment integrated into c. C-24.2, ss. 291-292.0.1).

1998, c. 40, s. 84.

85. (Amendment integrated into c. C-24.2, s. 292.1).

1998, c. 40, s. 85.

86. (Amendment integrated into c. C-24.2, s. 293.1).

1998, c. 40, s. 86.

Not in force

87. Section 295 of the said Code is amended by replacing “413” in the second line of paragraph 5 by “519.13”.

1998, c. 40, s. 87.

88. (Amendment integrated into c. C-24.2, s. 314.1).

1998, c. 40, s. 88.

89. (Amendment integrated into c. C-24.2, ss. 315.1-315.3).

1998, c. 40, s. 89.

90. (Amendment integrated into c. C-24.2, s. 316.1).

1998, c. 40, s. 90.

91. (Amendment integrated into c. C-24.2, s. 320).

1998, c. 40, s. 91.

92. (Amendment integrated into c. C-24.2, s. 327).

1998, c. 40, s. 92.

93. (Amendment integrated into c. C-24.2, s. 328).

1998, c. 40, s. 93.

94. (Amendment integrated into c. C-24.2, s. 389).

1998, c. 40, s. 94.

95. (Amendment integrated into c. C-24.2, s. 396).

1998, c. 40, s. 95.

96. (Amendment integrated into c. C-24.2, s. 397).

1998, c. 40, s. 96.

Not in force

97. Sections 413 and 414 of the said Code are repealed.

1998, c. 40, s. 97.

98. (Amendment integrated into c. C-24.2, ss. 437.1-437.2).

1998, c. 40, s. 98.

99. (Amendment integrated into c. C-24.2, s. 463).

1998, c. 40, s. 99.

100. (Amendment integrated into c. C-24.2, s. 468).

1998, c. 40, s. 100.

101. (Amendment integrated into c. C-24.2, s. 469).

1998, c. 40, s. 101.

102. (Omitted).

1998, c. 40, s. 102.

103. (Amendment integrated into c. C-24.2, s. 471).

1998, c. 40, s. 103.

104. (Amendment integrated into c. C-24.2, s. 472).

1998, c. 40, s. 104.

105. (Amendment integrated into c. C-24.2, s. 473)

.

1998, c. 40, s. 105.

106. (Omitted).

1998, c. 40, s. 106.

107. (Amendment integrated into c. C-24.2, s. 509).

1998, c. 40, s. 107.

108. (Amendment integrated into c. C-24.2, s. 509.1).

1998, c. 40, s. 108.

109. Section 510 of the said Code is amended

(1)  (amendment integrated into c. C-24.2, s. 510 except for the stricking out of the reference to section 413);

(2)  (amendment integrated into c. C-24.2, s. 510);

(3)  (amendment integrated into c. C-24.2, s. 510);

1998, c. 40, s. 109.

110. (Amendment integrated into c. C-24.2, s. 510.1).

1998, c. 40, s. 110.

111. (Amendment integrated into c. C-24.2, s. 512).

1998, c. 40, s. 111.

112. (Amendment integrated into c. C-24.2, s. 513)

.

1998, c. 40, s. 112.

113. (Omitted).

1998, c. 40, s. 113.

114. (Amendment integrated into c. C-24.2, s. 517).

1998, c. 40, s. 114.

115. (Amendment integrated into c. C-24.2, s. 517.1)

.

1998, c. 40, s. 115.

116. (Amendment integrated into c. C-24.2, s. 517.2)

.

1998, c. 40, s. 116.

117. (Amendment integrated into c. C-24.2, s. 518).

1998, c. 40, s. 117.

118. (Amendment integrated into c. C-24.2, s. 519).

1998, c. 40, s. 118.

119. (Amendment integrated into c. C-24.2, title VIII.1, ss. 519.1-519.54)

1998, c. 40, s. 119.

120. (Amendment integrated into c. C-24.2, s. 519.64).

1998, c. 40, s. 120.

121. (Amendment integrated into c. C-24.2, s. 519.65).

1998, c. 40, s. 121.

122. (Amendment integrated into c. C-24.2, s. 519.67).

1998, c. 40, s. 122.

123. (Amendment integrated into c. C-24.2, s. 519.69).

1998, c. 40, s. 123.

124. (Amendment integrated into c. C-24.2, s. 519.70).

1998, c. 40, s. 124.

125. (Amendment integrated into c. C-24.2, s. 519.73).

1998, c. 40, s. 125.

126. (Amendment integrated into c. C-24.2, s. 519.75).

1998, c. 40, s. 126.

127. (Amendment integrated into c. C-24.2, ss. 519.77-519.78).

1998, c. 40, s. 127.

128. (Amendment integrated into c. C-24.2, s. 521).

1998, c. 40, s. 128.

129. (Amendment integrated into c. C-24.2, s. 532).

1998, c. 40, s. 129.

130. (Amendment integrated into c. C-24.2, s. 538.0.1).

1998, c. 40, s. 130.

131. (Amendment integrated into c. C-24.2, s. 543.2).

1998, c. 40, s. 131.

132. (Amendment integrated into c. C-24.2, ss. 543.3.1-543.3.2).

1998, c. 40, s. 132.

133. (Amendment integrated into c. C-24.2, s. 545.2).

1998, c. 40, s. 133.

134. (Amendment integrated into c. C-24.2, s. 546).

1998, c. 40, s. 134.

135. (Amendment integrated into c. C-24.2, s. 546.0.1).

1998, c. 40, s. 135.

136. (Amendment integrated into c. C-24.2, s. 546.0.2).

1998, c. 40, s. 136.

137. (Amendment integrated into c. C-24.2, s. 546.0.3).

1998, c. 40, s. 137.

138. (Amendment integrated into c. C-24.2, s. 546.0.4).

1998, c. 40, s. 138.

139. (Amendment integrated into c. C-24.2, s. 550).

1998, c. 40, s. 139.

140. (Amendment integrated into c. C-24.2, s. 560).

1998, c. 40, s. 140.

141. (Amendment integrated into c. C-24.2, s. 587.1)

1998, c. 40, s. 141.

142. (Amendment integrated into c. C-24.2, s. 596.1).

1998, c. 40, s. 142.

143. (Amendment integrated into c. C-24.2, s. 510).

1998, c. 40, s. 143.

144. (Amendment integrated into c. C-24.2, s. 621).

1998, c. 40, s. 144.

145. (Amendment integrated into c. C-24.2, s. 622).

1998, c. 40, s. 145.

146. (Amendment integrated into c. C-24.2, s. 626).

1998, c. 40, s. 146.

147. (Amendment integrated into c. C-24.2, s. 627).

1998, c. 40, s. 147.

148. (Amendment integrated into c. C-24.2, s. 636).

1998, c. 40, s. 148.

149. (Amendment integrated into c. C-24.2, s. 636.1).

1998, c. 40, s. 149.

150. (Amendment integrated into c. C-24.2, s. 636.2).

1998, c. 40, s. 150.

151. (Amendment integrated into c. C-24.2, s. 643.2).

1998, c. 40, s. 151.

152. (Omitted).

1998, c. 40, s. 152.

153. (Amendment integrated into c. C-25.1, a. 510).

1998, c. 40, s. 153.

154. (Amendment integrated into c. T-12, s. 1).

1998, c. 40, s. 154.

155. (Amendment integrated into c. T-12, s. 2).

1998, c. 40, s. 155.

156. (Amendment integrated into c. T-12, s. 5).

1998, c. 40, s. 156.

157. (Amendment integrated into c. T-12, s. 17.2).

1998, c. 40, s. 157.

158. (Amendment integrated into c. T-12, s. 34.1).

1998, c. 40, s. 158.

159. (Amendment integrated into c. T-12, s. 35).

1998, c. 40, s. 159.

160. (Amendment integrated into c. T-12, s. 36).

1998, c. 40, s. 160.

161. (Amendment integrated into c. T-12, s. 48).

1998, c. 40, s. 161.

162. (Amendment integrated into c. T-12, s. 49.2).

1998, c. 40, s. 162.

163. (Amendment integrated into c. T-12, s. 73).

1998, c. 40, s. 163.

164. (Amendment integrated into c. T-12, s. 74).

1998, c. 40, s. 164.

165. (Amendment integrated into c. T-12, ss. 74.1-74.1.1).

1998, c. 40, s. 165.

166. (Amendment integrated into c. T-12, s. 74.2).

1998, c. 40, s. 166.

167. (Amendment integrated into c. T-12, s. 74.2.1).

1998, c. 40, s. 167.

168. (Amendment integrated into c. T-12, s. 74.2.2).

1998, c. 40, s. 168.

169. (Amendment integrated into c. T-12, s. 74.2.3).

1998, c. 40, s. 169.

170. (Amendment integrated into c. T-12, s. 74.2.4).

1998, c. 40, s. 170.

171. (Amendment integrated into c. T-12, s. 80).

1998, c. 40, s. 171.

172. (Amendment integrated into c. J-3, Schedule IV).

1998, c. 40, s. 172.

173. The experimental preventive maintenance programs certified by the Société de l’assurance automobile before 24 December 1998 are exempted from the certification under Chapter I.1 of Title IX of the Highway Safety Code (chapter C‐24.2) but are subject to the other provisions of that chapter and to the regulatory provisions made for the application of the programs.

Programs in respect of which no decision on an application for certification has been made before the date mentioned in the first paragraph are subject to the provisions of that chapter.

1998, c. 40, s. 173.

174. The Commission shall, beginning on 1 August 1998 and on the basis of the information held by it as well as the information held by the Société, notify owners and operators of the rules prescribed by this Act.

Where the Commission is of the opinion that the information held by it is sufficient for it to make a decision and assign a rating of “satisfactory”, the Commission shall notify the person concerned that the person will be registered accordingly as of 1 April 1999 and that the person will be assigned a rating of “satisfactory” so long as the person’s situation remains unchanged.

Where the Commission is of the opinion that the information held by it is insufficient or would lead to a refusal or a declaration of disqualification, the Commission shall notify the person concerned and invite the person to make an application or to appear for a meeting before 1 April 1999.

1998, c. 40, s. 174.

175. Within 30 days of the date of a notice under the second paragraph of section 174, the person concerned must pay the registration fees fixed and send to the Commission the information required under the second paragraph of section 7. Where the person fails to do so, the registration under section 174 is without effect.

1998, c. 40, s. 175.

176. For the purposes of section 174, the Commission may consider the information entered in a carrier’s file under the Regulation respecting carriers’ demerit points made by Order in Council 672-88 (1988, G.O. 2, 1988).

1998, c. 40, s. 176.

177. Every regulation made under a provision of the Highway Safety Code (chapter C‐24.2) or the Transport Act (chapter T‐12) that is replaced or amended by a provision of this Act shall remain in force until it is replaced, amended or repealed.

1998, c. 40, s. 177.

178. The first regulations made under section 3, the second paragraph of section 4, section 6, the second paragraph of section 13 and sections 14 and 23 of this Act, the new provisions of the Highway Safety Code (chapter C‐24.2) and of the Transport Act (chapter T‐12) enacted by this Act are not subject to the publication requirement in section 8 of the Regulations Act (chapter R‐18.1).

1998, c. 40, s. 178.

179. Notwithstanding section 54 and until the Government, by order, prohibits the privilege or imposes terms and conditions for the maintenance of the privilege, a person who, on 21 July 1998,

(1)  was a person to whom section 124 of the Act respecting truck transportation (chapter C‐5.1) applied, may continue, where applicable, to benefit from the privilege conferred by sections 12.77 and 12.78 of Regulation 12 respecting bulk trucking continued by section 68 of the Regulation respecting bulk trucking (R.R.Q., 1981, c. T-12, r. 3);

(2)  was the holder of a trucking licence under the Act respecting truck transportation continues to be authorized to transport, throughout Québec, wood for veneer and timber sawn across the grain or along the grain.

Section 54 shall not be construed as prohibiting a person from transporting a matter the person would have been authorized to transport under the Act respecting truck transportation on 21 July 1998.

1998, c. 40, s. 179.

180. Sections 19 to 30 and Schedule II to the Trucking Regulation made by Order in Council 47-88 (1988, G.O. 2, 659), notwithstanding section 54 of this Act, shall remain in force until they are replaced by a regulation made under paragraph n of section 5 of the Transport Act (chapter T‐12). Contravention of a provision of that regulation is punishable as provided in section 74 of the Transport Act.

1998, c. 40, s. 180.

181. The Minister shall, on or before 20 June 2001, make a report to the Government on the implementation of this Act and the advisability of maintaining it in force and, if necessary, of amending it.

The report shall be tabled before the National Assembly within the following 15 days or, if the Assembly is not sitting, within 15 days of resumption.

1998, c. 40, s. 181.

182. The Minister of Transport is responsible for the administration of this Act.

1998, c. 40, s. 182.

183. (Omitted).

1998, c. 40, s. 183.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), chapter 40 of the statutes of 1998, in force on 1 April 1999, is repealed, except paragraph 1 of section 109 and section 183, effective from the coming into force of chapter P‐30.3 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), the second paragraph of section 15, the second paragraph of section 16, sections 47, 52, 53, 64, 68, 81, 83, 99 to 102, 104 to 106, paragraph 2 of section 109, sections 112, 115, 116, 118, 119, paragraph 1 of section 124, sections 141 to 143, paragraphs 1 to 6, 11 and 13 to 24 of section 144, section 145, paragraph 3 of section 150 and sections 152 and 153 of chapter 40 of the statutes of 1998, in force on 1 April 2000, are repealed effective from the coming into force of the updating to 1 April 2000 of chapter P-30.3 of the Revised Statutes.