C-24.2, r. 24 - Regulation respecting reciprocal commercial vehicle registration agreements between the Gouvernement du Québec and the Canadian provinces and territories, and certain American States

Schedule Disposition versions

2012-09-01

SCHEDULE 39

RECIPROCAL AGREEMENT BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE STATE OF NORTH DAKOTA RESPECTING COMMERCIAL VEHICLE REGISTRATION

THE GOUVERNEMENT DU QUÉBEC,

hereinafter referred to as Québec,

AND

THE GOVERNMENT OF THE STATE OF NORTH DAKOTA,

hereinafter referred to as North Dakota,

The two governments being also hereinafter referred to as the Parties,

RECOGNIZING the need to facilitate the free flow of commerce between Québec and North Dakota by commercial vehicles;

WISHING to prevent the inconveniences resulting from the duplicate registration of commercial vehicles operating within the territory of either Party;

AGREE TO THE FOLLOWING:

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement:

“base jurisdiction” means the place where a commercial vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled, and from which it ordinarily departs and to which it ordinarily returns.

“commercial vehicle”: means a bus, truck, tractor, trailer, semitrailer, or combination used for the transportation of persons or property for-hire, compensation, profit or in the furtherance of a commercial enterprise; devices used exclusively on tracks, snowmobiles and other motorized snow vehicles are excluded.

“inter-jurisdictional transportation” means transportation between two or more jurisdictions or transportation originating in one jurisdiction and passing through one or more jurisdictions for delivery in another jurisdiction, but excluding intra-jurisdictional transportation.

“intra-jurisdictional transportation” means transportation originating at any point or place within a jurisdiction and destined to any other point or place within the same jurisdiction, regardless of the itinerary or highway followed.

“jurisdiction” means the State of North Dakota or the Province of Québec.

“reciprocity” means an exemption from registration and licence plate requirements in the territory of either Party as regards:

(a) a commercial vehicle properly registered and displaying a licence plate issued by the other Party to this Agreement;

(b) a trailer or semitrailer drawn by a commercial vehicle mentioned under subparagraph a and properly registered and displaying a licence plate issued by a non-signatory Party to this Agreement;

(c) a vehicle mentioned under subparagraph a or b displaying a temporary registration certificate or licence plate, used according to the laws and regulations in force on the territory of the Party that issued either the certificate or the plate;

“semitrailer” means a non-motorized commercial vehicle with a loading space and that is maintained in a horizontal position by the commercial vehicle towing it;

“trailer” means a non-motorized commercial vehicle with a loading space and that can maintain itself in a horizontal position.

ARTICLE 2

PURPOSE AND PRINCIPLE

2.1 It is the purpose of this Agreement to grant full reciprocity to commercial vehicles properly licensed under the laws of either Party to lawfully operate such vehicles pursuant to the terms herein enumerated.

2.2 Commercial vehicles shall be granted full reciprocity limited to inter-jurisdiction transportation.

ARTICLE 3

APPLICABILITY

This Agreement shall apply only to those commercial vehicles owned or operated by bonafide registrants of the Parties and in no case shall a non-resident of either jurisdiction avail himself of the benefits herein extended by licensing his equipment in either jurisdiction without becoming a bonafide resident of such jurisdiction for registration purposes.

ARTICLE 4

OPERATION OF VEHICLES

4.1 Buses owned or chartered by schools, colleges, religious or charitable organizations shall be granted full reciprocity, provided, however, such buses are properly licensed under the laws of either Party.

4.2 Dealers and manufacturers properly licensed in their resident jurisdiction are granted full reciprocity in the operation of commercial vehicles owned by such dealers or manufacturers, provided, such vehicles are in stock and for sale.

In addition, unregistered commercial vehicles sold by such dealers or manufacturers to which temporary dealers license tags have been issued shall be granted full reciprocity until such temporary tags expire.

Each such commercial vehicle, moved under this section shall have the dealer’s or manufacturer’s license tag or identification issued by the resident jurisdiction securely affixed to such vehicle and in no case shall a commercial vehicle move laden under this section.

ARTICLE 5

ADMINISTRATION

5.1 The Société de l’assurance automobile du Québec and the North Dakota Department of Transportation are the administrators of this Agreement and, in this capacity, undertake to develop the forms and procedures necessary to administer this Agreement.

5.2 Each administrator shall provide the other with any information or documents necessary to facilitate the administration of this Agreement. Such information shall include notification of any legislative or regulatory changes which may affect the terms of this Agreement.

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

ARTICLE 6

MISCELLANEOUS PROVISIONS

6.1 This Agreement supersedes any prior understanding and/or written or oral agreements between the Parties respecting the subject matter defined herein to the extent that such other agreements may be in conflict with the provisions of this Agreement.

6.2 This Agreement does not invalidate any provision of a law or regulation in force within the territory of either Party regarding transportation.

6.3 This Agreement may be amended, subject to approval of the Parties. All amendments must be placed in writing and become a part hereof, and shall be effective within thirty (30) days of approval or as otherwise agreed upon by both jurisdictions.

6.4 Either Party may withdraw from this Agreement by written notice to the other party.

Such withdrawal shall take effect on the sixtieth (60th) day following the mailing date of such notice or any subsequent date agreed upon between the Parties.

6.5 The provisions of this Agreement shall come into force upon formal notice on a date agreed upon by the Parties, after the required internal formalities are completed.

Signed at ______________________________ this __________ day of ______________________________ 1993.

Signed at Bismarck this 10th day of June 1993.

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

FOR THE GOVERNMENT OF THE STATE OF NORTH DAKOTA

MARSHALL W. MOORE,

Department of Transportation

RECOMMENDED FOR APPROVAL BY:

KEITH KISER

O.C. 83-94, s. 3.