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

Section 27 Disposition versions

2006-01-01

27. The Commission shall assign an “unsatisfactory” safety rating to a person, among other circumstances, if

(1)  in its opinion, the person imperils the users of roads open to public vehicular traffic or significantly threatens the integrity of those roads;

(2)  in its opinion, the person endangers the users of roads open to public vehicular traffic or threatens the integrity of those roads by repeatedly contravening a provision of this Act, the Highway Safety Code (chapter C‐24.2) or other legislation referred to in section 23;

(3)  the person fails to comply with a condition imposed in relation to a “conditional” safety rating, unless the person shows that other measures have resulted in the correction of the deficiencies for which the condition was imposed;

(4)  an “unsatisfactory” safety rating has been assigned to any partner of the person or, in the case of a legal person, any director or officer judged by the Commission to have a determining influence;

(5)  the Commission judges that, given the information it has at its disposal concerning the person, the person’s directors, partners, officers or employees, or an undertaking to which the second paragraph of section 32 applies, the person is unable to properly put a heavy vehicle into operation or operate a heavy vehicle.

The Commission may apply a registered person’s “unsatisfactory” safety rating to any of the person’s partners or directors judged by the Commission to have a determining influence.

In that case, the Commission shall enter such partners or directors or any other person in its register, if they are not already registered.

An “unsatisfactory” safety rating results in the registered person’s being prohibited from putting a heavy vehicle into operation or operating a heavy vehicle.

1998, c. 40, s. 27; 2005, c. 39, s. 17.

1998-07-21

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.