V-1.3 - Act respecting off-highway vehicles

Section 19 Disposition versions

2020-12-30

19. The Government may, by regulation, determine

(1)  the classes or categories of driver’s licences issued or recognized under the Highway Safety Code (chapter C-24.2) granting authorization to operate any off-highway vehicle or maintenance vehicle, or to operate the classes of vehicle specified by the regulation;

(2)  the classes or specifications of off-highway vehicles that may be operated by a person who holds only a licence to operate a moped;

(3)  the classes or specifications of vehicles that may be operated by a person under 18 years of age as well as the minimum age for operating them and for carrying passengers in or on them, including on private land; and

(4)  the establishment, on all or part of the territory, of a licence system to replace or complement the system prescribed by the Highway Safety Code, of the categories of licences in accordance with vehicle specifications and use, of the authority authorized to issue them, of the duties exigible as well as of the conditions giving rise to the issue, renewal, suspension or cancellation of such licences.

In order to adapt the requirement to hold a driver’s licence to the reality of certain communities or their remoteness from the road network, the regulation may authorize the authority that issues the licence to make issuance of the licence subject to certain conditions or substitute other means for the obligation to hold a licence or training certificate in order to enable an Aboriginal or remote community to verify the minimum qualifications and aptitudes required of operators residing in such a locality. The different standards so fixed may, subject to a verification of those qualifications and aptitudes, provide for an age lower than that fixed in section 16.

The Government may also, by regulation, determine, after consulting with the Société de l’assurance automobile du Québec,

(1)  the offences, in addition to those described in section 33, that, under this Act, the Highway Safety Code or any other Act give rise to the suspension, non-renewal or cancellation of a licence authorizing the operation of an off-highway vehicle or a maintenance vehicle on the Minister’s decision or by operation of law, following a conviction;

(2)  the conditions of application of a system of demerit points relating to offences against the provisions of this Act and, as the case may be, those of the Highway Safety Code in connection with the operation of an off-highway vehicle or a maintenance vehicle; the system may lead to, among other things, suspension or cancellation of a licence;

(3)  the conditions and the procedure governing the suspension or cancellation of a licence following offences, the suspension or cancellation period as well as the terms and conditions for recovering a suspended or cancelled licence; and

(4)  the requirement to pass one or more examinations and to complete any theoretical or practical training in order to be authorized to drive or to recover such authorization after a sanction, and any other rule, condition or restriction in connection with the authorization to operate an off-highway vehicle or a maintenance vehicle.

2020, c. 26, s. 19.

Not in force

In force: 2020-12-30

19. The Government may, by regulation, determine

(1)  the classes or categories of driver’s licences issued or recognized under the Highway Safety Code (chapter C-24.2) granting authorization to operate any off-highway vehicle or maintenance vehicle, or to operate the classes of vehicle specified by the regulation;

(2)  the classes or specifications of off-highway vehicles that may be operated by a person who holds only a licence to operate a moped;

(3)  the classes or specifications of vehicles that may be operated by a person under 18 years of age as well as the minimum age for operating them and for carrying passengers in or on them, including on private land; and

(4)  the establishment, on all or part of the territory, of a licence system to replace or complement the system prescribed by the Highway Safety Code, of the categories of licences in accordance with vehicle specifications and use, of the authority authorized to issue them, of the duties exigible as well as of the conditions giving rise to the issue, renewal, suspension or cancellation of such licences.

In order to adapt the requirement to hold a driver’s licence to the reality of certain communities or their remoteness from the road network, the regulation may authorize the authority that issues the licence to make issuance of the licence subject to certain conditions or substitute other means for the obligation to hold a licence or training certificate in order to enable an Aboriginal or remote community to verify the minimum qualifications and aptitudes required of operators residing in such a locality. The different standards so fixed may, subject to a verification of those qualifications and aptitudes, provide for an age lower than that fixed in section 16.

The Government may also, by regulation, determine, after consulting with the Société de l’assurance automobile du Québec,

(1)  the offences, in addition to those described in section 33, that, under this Act, the Highway Safety Code or any other Act give rise to the suspension, non-renewal or cancellation of a licence authorizing the operation of an off-highway vehicle or a maintenance vehicle on the Minister’s decision or by operation of law, following a conviction;

(2)  the conditions of application of a system of demerit points relating to offences against the provisions of this Act and, as the case may be, those of the Highway Safety Code in connection with the operation of an off-highway vehicle or a maintenance vehicle; the system may lead to, among other things, suspension or cancellation of a licence;

(3)  the conditions and the procedure governing the suspension or cancellation of a licence following offences, the suspension or cancellation period as well as the terms and conditions for recovering a suspended or cancelled licence; and

(4)  the requirement to pass one or more examinations and to complete any theoretical or practical training in order to be authorized to drive or to recover such authorization after a sanction, and any other rule, condition or restriction in connection with the authorization to operate an off-highway vehicle or a maintenance vehicle.

2020, c. 26, s. 19.