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T-12 - Transport Act

Section 35
Disposition versions

Full text
35. The Commission, when informed that a carrier is endangering public health and safety, may prohibit the carrier from operating any vehicle designated by the Commission and order the Société de l’assurance automobile du Québec to withdraw the registration markers and registration certificate of that vehicle.
However, it shall not issue such an order without first notifying the carrier in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allowing the carrier at least 10 days to present observations. Even if the carrier does not present observations within that time, the Commission must at least receive the observations of its investigator.
Notwithstanding section 23, the Société de l’assurance automobile du Québec must forthwith carry out the Commission’s order and shall not return the registration markers and the registration certificate to the former holder or issue new ones to him without prior authorization by the Commission.
This section does not apply to a person subject to the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3).
1972, c. 55, s. 30; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1990, c. 19, s. 11; 1997, c. 43, s. 805; 1998, c. 40, s. 159; 2005, c. 39, s. 52.
35. The Commission, when informed that a carrier is endangering public health and safety, may prohibit the carrier from operating any vehicle designated by the Commission and order the Société de l’assurance automobile du Québec to withdraw the registration markers and registration certificate of that vehicle.
However, it shall not issue such an order without first notifying the carrier in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allowing the carrier at least 10 days to present observations. Even if the carrier does not present observations within that time, the Commission must at least receive the observations of its investigator.
Notwithstanding section 23, the Société de l’assurance automobile du Québec must forthwith carry out the Commission’s order and shall not return the registration markers and the registration certificate to the former holder or issue new ones to him without prior authorization by the Commission.
This section does not apply to a person subject to the Act respecting owners and operators of heavy vehicles (chapter P-30.3).
1972, c. 55, s. 30; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1990, c. 19, s. 11; 1997, c. 43, s. 805; 1998, c. 40, s. 159.
35. The Commission, when informed that a carrier is endangering public health and safety, may prohibit the carrier from operating any vehicle designated by the Commission and order the Société de l’assurance automobile du Québec to withdraw the registration markers and registration certificate of that vehicle.
However, it shall not issue such an order without first notifying the carrier in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allowing the carrier at least 10 days to present observations. Even if the carrier does not present observations within that time, the Commission must at least receive the observations of its investigator.
Notwithstanding section 23, the Société de l’assurance automobile du Québec must forthwith carry out the Commission’s order and shall not return the registration markers and the registration certificate to the former holder or issue new ones to him without prior authorization by the Commission.
1972, c. 55, s. 30; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1990, c. 19, s. 11; 1997, c. 43, s. 805.
35. The Commission, when informed that a carrier is endangering public health and safety, may order the Société de l’assurance automobile du Québec to withdraw the registration markers and registration certificate of any vehicle it designates.
However, it shall not issue such an order without first giving the carrier a notice of the delay within which he may be heard. Even if the carrier is not heard within such delay, the Commission must at least hear its investigator.
Notwithstanding section 23, the Société de l’assurance automobile du Québec must forthwith carry out the Commission’s order and shall not return the registration markers and the registration certificate to the former holder or issue new ones to him without prior authorization by the Commission.
1972, c. 55, s. 30; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1990, c. 19, s. 11.
35. The Commission, when informed that a carrier is endangering public health and safety, may order the Régie de l’assurance automobile du Québec to withdraw the registration markers and registration certificate of any vehicle it designates.
However, it shall not issue such an order without first giving the carrier a notice of the delay within which he may be heard. Even if the carrier is not heard within such delay, the Commission must at least hear its investigator.
Notwithstanding section 23, the Régie de l’assurance automobile du Québec must forthwith carry out the Commission’s order and shall not return the registration markers and the registration certificate to the former holder or issue new ones to him without prior authorization by the Commission.
1972, c. 55, s. 30; 1977, c. 5, s. 14; 1980, c. 38, s. 18.
35. The Commission, when informed that a carrier is endangering public health and safety, may order the director of the Bureau des véhicules automobiles to withdraw the registration markers and registration certificate of any vehicle it designates.
However, it shall not issue such an order without first giving the carrier a notice of the delay within which he may be heard. Even if the carrier is not heard within such delay, the Commission must at least hear its investigator.
Notwithstanding section 23, the director of the Bureau des véhicules automobiles must forthwith carry out the Commission’s order and shall not return the registration markers and the registration certificate to the former holder or issue new ones to him without prior authorization by the Commission.
1972, c. 55, s. 30; 1977, c. 5, s. 14.
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