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

Full text
Schedule 42
CANADIAN AGREEMENT ON VEHICLE REGISTRATION
Updated January 30, 2017
Pursuant to and in conformity with the laws of their respective jurisdictions, the member jurisdictions, acting by and through their lawfully authorized officials to execute this agreement, do mutually agree as follows:
Definitions
1. The following words and phrases, when used in this agreement, shall have the meaning ascribed to them in this section:
(a) Category “B” Vehicle means:
i. a power unit or power unit trailer combination having a registered weight of less than 11,794 kg, used or maintained for the transportation of property;
ii. a farm or fishing industry vehicle;
iii. a private bus;
iv. a recreational motor vehicle;
v. a power unit that is registered as a government vehicle;
vi. a trailer, semi-trailer, converter dolly or, container chassis or their equivalent;
but does not include:
vii. any power unit, other than one described in clauses 1(a)(ii) to (v), that has 3 or more axles; or
viii. any vehicle prorated under the International Registration Plan.
(b) CCMTA means the Canadian Council of Motor Transport Administrators.
(c) Farm or fishing industry vehicle means a vehicle that is registered in a member jurisdiction and is engaged in the transportation of the registrant’s own goods that are related to the operation of the registrant’s farm or fishing business.
(d) Government vehicle means a vehicle registered to the federal government or to a provincial, municipal or regional government.
(e) Gross vehicle weight means the weight of a vehicle or a combination of vehicles, including accessories, equipment and load.
(f) Host jurisdiction means a member jurisdiction:
i. other than the jurisdiction where the vehicle is plated; and
ii. that considers the registered owner of the vehicle to be a non-resident.
(g) Interjurisdictional movement means vehicle movement between or through two or more jurisdictions.
(h) Intrajurisdictional movement means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction.
(i) Jurisdiction means a province or territory of Canada.
(j) Member jurisdiction means a jurisdiction that is a party to this agreement.
(k) Power unit means a self-propelled motor vehicle having permanently attached thereto a truck, bus or delivery body and includes a truck tractor used for hauling purposes on a highway.
(l) Private bus means a motor vehicle used to transport persons, when such transportation is not undertaken for compensation or gain.
(m) Reciprocity means the condition in which a vehicle that is properly registered in a member jurisdiction is exempt from registration in other member jurisdictions.
(n) Recreational motor vehicle means a motor vehicle designed or redesigned to be used as a recreational vehicle.
(o) Registration means licensing a vehicle for use on a highway.
(p) Tare weight means the weight of a vehicle, including its permanently mounted equipment.
(q) Semi-trailer means a vehicle without motive power designed for carrying property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle.
(r) Trailer means a vehicle without motive power designed for carrying property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(s) Vehicle means a power unit or trailer.
Reciprocity
2. Full and free registration reciprocity is granted to all category “B” vehicles for interprovincial operations in a host jurisdiction.
3. The licence plate and registration certificate issued by the plate jurisdiction to a category “B” vehicle shall serve as evidence of proper registration and shall be recognized as such by a host jurisdiction.
4. Where the applicant wishes to conduct a temporary intraprovincial operation with a category ‘B’ motor vehicle in a host jurisdiction:
(a) the applicant shall, if required, make application to the host jurisdiction and the host jurisdiction may levy an additional registration fee for that power unit; and
(b) notwithstanding item 3, the host jurisdiction may issue a licence plate, registration or cab card, identification decal and/or sticker, which shall be displayed as required.
5. Notwithstanding item 4 of this agreement, reciprocity is granted for intraprovincial operations in a host jurisdiction to trailers, semi-trailers with or without converter dollies, a converter dolly, container chassis or equivalent, private buses, recreational motor vehicles, and power units that are registered as government vehicles.
6. A vehicle covered by this agreement shall enjoy all other privileges and be subject to all other responsibilities under all applicable statutes and regulations of the member jurisdiction in which it travels.
7. No vehicle or combination of vehicles shall be operated or moved in a member jurisdiction when:
(a) the gross weight of the vehicle or combination of vehicles is in excess of the weight for which the vehicle or combination of vehicles is registered; or
(b) the number of axles of the vehicle or combination of vehicles is in excess of the number of axles for which the vehicle or combination of vehicles is registered.
8. This agreement shall supersede any agreement between member jurisdictions covering in whole or in part matters covered by this agreement.
Carrier Refunds Credit Policy
9. When a carrier completes an IRP application which results in a refund, the base jurisdiction will notify the member jurisdictions. Within 30 days of receiving notification, the member jurisdictions shall refund the carrier in accordance with their applicable legislation governing refunds and or credits.
Exemptions
10. Exceptions to the provisions of this agreement, which may be required as a condition of entry by a jurisdiction and which have been approved by all member jurisdictions, will form part of this agreement by appendix listing.
11. There shall be no exceptions taken to the reciprocity as set out in item 6.
Amendments
12. This agreement may be amended, subject to the approval of at least two-thirds of member provinces, acting through the responsible Minister thereof authorized to enter this agreement. All proposed amendments shall be placed in writing and shall be presented to each member province for approval or rejection. Amendments which have been accepted by member provinces shall become a part hereof, and shall become effective within 30 (thirty) days of approval or as otherwise required by the laws of member provinces.
13. Provisions of this agreement amended by less than a unanimous vote shall be retained as exceptions hereto and will continue to apply on behalf of dissenting member provinces.
Administration
14. The member jurisdictions of this agreement shall be represented by one member on a committee of CCMTA.
15. A chairperson and vice-chairperson shall be appointed by the CCMTA Board of Directors to hold office for a term of two years and shall serve until a successor is duly appointed.
16. Each member province shall have one vote in the committee.
17. Recommendations and decisions regarding interpretations of any question at issue and decisions shall be reached by a majority vote of at least two-thirds of the CCMTA committee.
18. Notwithstanding the foregoing, amendments to this agreement shall not come into force until the CCMTA committee formally confirms the affected member jurisdictions have established, and are able to carry out, administrative procedures necessary to give effect to such amendments.
19. The CCMTA shall be the official repository of this agreement and shall be responsible for the required duties attendant to the administration of this agreement.
20. Any member jurisdiction may withdraw from this agreement upon 30 (thirty) days written notice to the committee and to each other member jurisdiction.
21. The withdrawal of a member jurisdiction may not be made retroactively.
22. Jurisdictions making changes to their procedures relating to this agreement should provide 90 days’ notice to the committee and to each other member jurisdiction.
APPENDIX I
(1) British Columbia
1. For the purpose of temporary intra-provincial operation as provided for in item 4, in BC the time period for temporary operation of category B vehicles as described in item 1(a)(i) is limited to 90 days in a calendar year with these 90 days including any operation of the vehicle in the Province of British Columbia.
2. For the purpose of item 5, British Columbia grants intra-provincial reciprocity to recreational vehicles used exclusively for touring purposes, with reciprocity being provided for a maximum period of up to 6 months from the date of last entry into British Columbia.
3. British Columbia does not grant intra-provincial reciprocity to charter buses or private buses designed to carry more than 10 persons if used in the Province of British Columbia.
(2) Saskatchewan
For the purpose of temporary intra-provincial operation as provided for in item 4, in Saskatchewan the time period for temporary operation of category B vehicles as described in item 1(a)(i) is limited to 90 days in a calendar year with these 90 days including any operation of the vehicle in the Province of Saskatchewan.
O.C. 490-2009, s. 3; O.C. 160-2018, s. 1.
SCHEDULE 42
CANADIAN AGREEMENT ON VEHICLE REGISTRATION1
Updated September 20082
PART I
RECIPROCITY
Pursuant to and in conformity with the laws of their respective jurisdictions, the member jurisdictions, acting by and through their lawfully authorized officials to execute this agreement, do mutually agree as follows:
Definitions
(1) The following words and phrases, when used in this agreement, shall have the meaning ascribed to them in this section:
(a) Category “B” Vehicle means:
i. a power unit or power unit trailer combination having a registered weight of less than 11,794 kg, used or maintained for the transportation of property;
ii. a charter bus;
iii. a farm or fishing industry vehicle;
iv. any vehicle that is travelling unladen;
v. a private bus;
vi. a recreational motor vehicle;
vii. a power unit that is registered as a government vehicle;
viii. a trailer, semi-trailer, converter dolly, container chassis or their equivalent;
but does not include:
ix. any power unit, other than one described in clauses 1(a)(ii) to (vii), that has 3 or more axles; or
x. any vehicle prorated under the International Registration Plan.
(b) CCMTA means the Canadian Council of Motor Transport Administrators.
(c) Charter bus means a power unit engaged in the movement of a chartered party.
(d) Chartered party means a group of persons who, pursuant to a common purpose and under a single contract, and at a fixed charge for the vehicle in accordance with the carrier’s tariff, have acquired the exclusive use of a passenger carrying power unit to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin.
(e) Farm or fishing industry vehicle means a vehicle that is registered in a member jurisdiction and is engaged in the transportation of the registrant’s own goods that are related to the operation of the registrant’s farm or fishing business.
(f) Government vehicle means a vehicle registered to the federal government or to a provincial, municipal or regional government.
(g) Gross vehicle weight means the weight of a vehicle or a combination of vehicles, including accessories, equipment and load.
(h) Host jurisdiction means a member jurisdiction:
i. other than the jurisdiction where the vehicle is plated; and
ii. that considers the registered owner of the vehicle to be a non-resident.
(i) Interjurisdictional movement means vehicle movement between or through 2 or more jurisdictions.
(j) Intrajurisdictional movement means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction.
(k) Jurisdiction means a jurisdiction or territory of Canada.
(l) Member jurisdiction means a jurisdiction that is a party to this agreement.
(m) Power unit means a self-propelled motor vehicle having permanently attached thereto a truck, bus or delivery body and includes a truck tractor used for hauling purposes on a highway.
(n) Private bus means a motor vehicle used to transport persons, when such transportation is not undertaken for compensation or gain.
(o) Reciprocity means the condition in which a vehicle that is properly registered in a member jurisdiction is exempt from registration in other member jurisdictions.
(p) Recreational motor vehicle means a motor vehicle designed or redesigned to be used as a recreational vehicle.
(q) Registration means licensing a vehicle for use on a highway.
(r) Tare weight means the weight of a vehicle, including its permanently mounted equipment.
(s) Semi-trailer means a vehicle without motive power designed for carrying property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle.
(t) Trailer means a vehicle without motive power designed for carrying property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(u) Vehicle means a power unit or trailer.
Reciprocity
(2) Full and free registration reciprocity is granted to all category “B” vehicles for interprovincial operations in a host jurisdiction.
(3) The licence plate and registration certificate issued by the plate jurisdiction to category “B” vehicles shall serve as evidence of proper registration and shall be recognized as such by a host jurisdiction.
(4) Where the applicant wishes to conduct a temporary intraprovincial operation with a category “B” motor vehicle in a host jurisdiction:
(a) the applicant shall, if required, make application to the host jurisdiction and the host jurisdiction may levy an additional registration fee for that power unit; and
(b) notwithstanding item 3, the host jurisdiction may issue a licence plate, registration or cab card, identification decal and/or sticker, which shall be displayed as required.
(5) Notwithstanding item 4 of this agreement, reciprocity is granted for intraprovincial operations in a host jurisdiction to trailers, semi-trailers with or without converter dollies, a converter dolly, container chassis or equivalent, private buses, recreational motor vehicles, and power units that are registered as government vehicles.
(6) A vehicle covered by this agreement shall enjoy all other privileges and be subject to all other responsibilities under all applicable statutes and regulations of the member jurisdiction in which it travels.
(7) No vehicle or combination of vehicles shall be operated or moved in a member jurisdiction when:
(a) the gross weight of the vehicle or combination of vehicles is in excess of the weight for which the vehicle or combination of vehicles is registered; or
(b) the number of axles of the vehicle or combination of vehicles is in excess of the number of axles for which the vehicle or combination of vehicles is registered.
(8) This agreement shall supersede any agreement between member jurisdictions covering in whole or in part matters covered by this agreement.
Exemptions
(9) Exceptions to the provisions of this agreement, which may be required as a condition of entry by a jurisdiction and which have been approved by all member jurisdictions, will form part of this agreement by appendix listing.
(10) There shall be no exceptions taken to the reciprocity as set out in item 6.
Administration
(11) The member jurisdictions of this agreement shall be represented by 1 member on a standing committee of the CCMTA.
(12) Recommendations and decisions regarding interpretations of any question at issue shall be reached by a majority vote of at least two-thirds of the CCMTA committee.
(13) Provisions of this agreement amended by less than a unanimous vote shall be retained as exceptions hereto and will continue to apply on behalf of dissenting member jurisdictions.
(14) Notwithstanding the foregoing, amendments to this agreement shall not come into force until the CCMTA committee formally confirms that affected member jurisdictions have established, and are able to carry out, administrative procedures necessary to give effect to such amendments.
(15) The CCMTA committee shall be the official repository of this agreement and shall be responsible for the required duties attendant to the administration of this agreement.
(16) Any member jurisdiction may withdraw from this agreement upon 30 (thirty) days written notice to the committee and to each other member jurisdiction.
(17) The withdrawal of a member jurisdiction may not be made retroactively.
APPENDIX I
(1) Saskatchewan
For the purposes of item 1(a)(i), only a motor vehicle or combination of vehicles that has a registered or actual gross vehicle weight of 5,500 kg or less is considered a category “B” vehicle.
(2) British Columbia
(1) For the purpose of temporary intra-provincial operation as provided for in item 4, in BC the time period for temporary operation of category “B” vehicles as described in item 1(a)(i) is limited to 90 days in a calendar year with these 90 days including any operation of the vehicle in the Province of British Columbia.
(2) For the purpose of item 5, British Columbia grants intra-provincial reciprocity to recreational vehicles used exclusively for touring purposes, with reciprocity being provided for a maximum period of up to 6 months from the date of last entry into British Columbia.
(3) Despite item 1(a)(iv), a vehicle traveling unladen is not considered to be a category “B” vehicle if used in the Province of British Columbia.
(4) Despite items 4 and 5, British Columbia does not grant intra-provincial reciprocity to charter buses or private buses if used in the Province of British Columbia.
PART II
PRO-RATE ADMINISTRATION
Pursuant to and in conformity with the laws of their respective jurisdictions, the member jurisdictions, acting by and through their lawfully authorized officials to execute this agreement, do mutually agree as follows:
Definitions
(1) The following words and phrases, when used in this agreement, shall have the meaning ascribed to them in this section:
— Temporary Breakdown Permit means a clearance issued by a jurisdiction as a short term registration for a vehicle that is out of service and issued in accordance with Part II of this agreement.
Temporary Breakdown Permit
(2) The Temporary Breakdown Permit issued by a jurisdiction in accordance with this agreement grants reciprocity for a replacement vehicle for both intra-provincial and inter-provincial operations for those jurisdictions in which the original IRP vehicle registration and cab card authorized the vehicle to operate.
(3) The issuance of a Temporary Breakdown Permit temporarily transfers a vehicle’s operating authority from a disabled vehicle to a replacement vehicle. The issuance of the Temporary Breakdown Permit must adhere to the following requirements:
(a) The disabled vehicle must be physically disabled or in for service work and registered in accordance with the International Registration Plan (IRP).
(b) The replacement vehicle must have a valid registration and cab card. The replacement vehicle is not required to be registered in IRP or registered in the same name as the disabled vehicle. The plates and registration from the disabled vehicle must be carried in the replacement vehicle along with the Breakdown Permit authorizing the use of the replacement vehicle.
(c) The Temporary Breakdown Permit must be issued on individual jurisdictional letterhead. It is non-renewable and cannot exceed 30 days.
(d) An administration fee may be payable to the issuing jurisdiction and is non-refundable. The fee is not to exceed the amount for a replacement vehicle transaction.
(e) Appendix 1 of this agreement shows an example of a Temporary Breakdown Permit.
Carrier Refunds/Credit Policy
(4) When a carrier completes an IRP application which results in a refund, the base jurisdiction will notify the member jurisdictions in accordance with sections 445, 1215, 435 and 615 of the IRP. Within 30 days of receiving notification, the member jurisdictions shall refund the carrier in accordance with their applicable legislation governing refunds and/or credits.
APPENDIX 1
JURISDICTION LETTERHEAD
BREAKDOWN PERMIT
Effective date
Name
Address
Address
RE: ACCOUNT NUMBER *********
THIS IS A TEMPORARY BREAKDOWN CLEARANCE FOR THE FOLLOWING VEHICLE:


UNIT # YEAR 20** MAKE SERIAL # PLATE


AB Kgs CT Lbs MI Lbs OR Lbs


BC Kgs DC Lbs MN Lbs PA Lbs


MB Kgs DE Lbs MO Lbs RI Lbs


NB Kgs FL Lbs MS Lbs SC Lbs


NL Kgs GA Lbs MT Lbs SD Lbs


NS Kgs IA Lbs NC Lbs TN Lbs


ON Kgs ID Lbs ND Lbs TX Lbs


PE Kgs IL Lbs NE Lbs UT Lbs


QC Ax IN Lbs NH Lbs VA Lbs


SK Kgs KS Lbs NJ Lbs VT Lbs


AL Lbs KY Lbs NM Lbs WA Lbs


AR Lbs LA Lbs NV Lbs WI Lbs


AZ Lbs MA Lbs NY Lbs WV Lbs


CA Lbs MD Lbs OH Lbs WY Lbs


CO Lbs ME Lbs OK Lbs***


WHICH IS THE REPLACEMENT FOR DISABLED VEHICLE:

UNIT # YEAR 20** MAKE SERIAL # PLATE

The operation of the vehicle described within is authorized under the Canadian Agreement of Vehicle Registration. This breakdown clearance allows for the transfer of the prorated plates from a disabled vehicle to a replacement vehicle. The original copy of this document, accompanied by the original registration/cab card issued to the disabled vehicle must be in the possession of the driver to be valid. The original vehicle registration and plates assigned to the replacement vehicle must also be in the possession of the driver to be valid.
This Authority will expire _________________.
O.C. 490-2009, s. 3.