C-24.2 - Highway Safety Code

Section 517.2 Disposition versions

2007-10-01

517.2. Where the load of a heavy vehicle that is outsized with respect to the total loaded mass is considered to be a full load for the purposes of transportation and the shipper, consignee and transport service intermediary fail to provide written information to the operator of the heavy vehicle referred to in Title VIII.1 that enables the operator to determine the mass of the load, they are guilty of an offence and are liable to the same penalty as that prescribed for the operator in paragraph 5 of section 517.1, whether or not the operator has been prosecuted or convicted. The same applies to any person having entrusted the load to the operator in charge of transporting the load.

Where the mass determined on the basis of the information provided to the operator by one of the persons referred to in the first paragraph is less than that calculated by subtracting the net mass of the vehicle from the recorded total loaded mass, the person who provided the inaccurate information is guilty of an offence and is liable to either

(1)  the same penalty as that prescribed in paragraph 5 of section 517.1 if the difference between the calculated mass and the mass previously determined is equal to or more than the overload; the operator may only in that case be found guilty of the offence referred to in section 513 or 517.1 if it is proven that the operator was aware of the overload; or

(2)  a reduced penalty if the difference between the calculated mass and the determined mass is less than the overload; the fine that may be imposed on the operator under paragraph 5 of section 517.1 must in that case be reduced by the amount of the fine imposed under this paragraph.

For the purposes of subparagraph 2 of the second paragraph, the fine must be calculated by multiplying the amount of the penalty prescribed in paragraph 5 of section 517.1 by the result of the following operation, rounded off to the nearest dollar : the result obtained by subtracting the determined mass from the calculated mass, divided by the overload.

For the purposes of this section, a “load is considered to be a full load for the purposes of transportation” if all the goods making up the load are transported for one shipper only or to one destination only, or were loaded at the same place of shipment or consignment. In the absence of shipping documents, a load shall always be so considered. Where an outsized vehicle is being operated under a special permit, this section applies only if the total loaded mass limit authorized under the permit is exceeded; in that case, the penalty is calculated by applying subparagraph 3 of the third paragraph of section 513 rather than paragraph 5 of section 517.1.

The information contained in any item that may constitute the shipping documents prescribed by the Regulation respecting the requirements applicable to shipping documents, leasing contracts and contracts for services, made by Order in Council 61-2001 (2001, G.O. 2, 1132) is sufficient, in the absence of evidence to the contrary, to identify the shipper, consignee, transport service intermediary and any person having entrusted the load to the operator, and to establish the place of shipping, consignment and destination. The information contained in the registration certificate of a vehicle is sufficient, in the absence of evidence to the contrary, to establish the net mass of a vehicle.

Copies of the items that may constitute the shipping documents, including printouts of computer files containing such items, are admissible as evidence of the information they contain in penal proceedings under this section, if the copies are dated and signed by the inspectors or peace officers who reproduced them. To be admissible as evidence for the purposes of the second paragraph, the written document containing the information allowing the mass of the load to be established must have been given to the peace officer when the vehicle was being weighed.

1987, c. 94, s. 69; 1990, c. 4, s. 212; 1998, c. 40, s. 116; 2004, c. 2, s. 34.

1999-11-01

517.2. Where a load considered to be a full load, attributable to a single person who requests transportation of the load, causes a heavy vehicle to be outsized, every person who requested or participated in the arranging of the transportation is guilty of an offence and is liable to a fine of

(1)  $175 plus $75 per excess metre if the vehicle is outsized as to length ;

(2)  $175 plus $75 per excess 10 centimetres if the vehicle is outsized as to width or height ;

(3)  $300 if the vehicle does not conform to its authorized total loaded mass, plus

(a)  $50 per excess 1,000 kg, up to 5,000 kg in excess ;

(b)  $75 per excess 1,000 kg, where the excess is between 5,000 kg and 10,000 kg ;

(c)  $100 per excess 1,000 kg, where the excess is greater than 10,000 kg.

Proof of commission of the offence is, in the absence of evidence to the contrary, proof that the offence was committed with the authorization or consent of the person who requested or participated in the arranging of the transportation.

1987, c. 94, s. 69; 1990, c. 4, s. 212; 1998, c. 40, s. 116.

1990-10-01

517.2. Where the load of a motor vehicle subject to Title VIII.1 is dealt with as a single load chargeable in its entirety to only one consignor and the vehicle is outsized, the consignor is guilty of an offence and is liable

(1)  if the vehicle is outsized in respect of the dimension, to a fine of not less than $300,

(2)  if the vehicle is outsized in respect of the total loaded mass, to a minimum fine of $100, plus,

(a)  if the total loaded mass exceeds the maximum total loaded mass authorized by less than 5 000 kg, $50 for every 1 000 kg in excess;

(b)  if the total loaded mass exceeds the maximum total loaded mass authorized by 5 000 kg to 10 000 kg, $75 for every 1 000 kg in excess;

(c)  if the total loaded mass exceeds the maximum total loaded mass authorized by more than 10 000 kg, $100 for every 1 000 kg in excess.

Proof that the offence was committed by the consignor is, in the absence of any evidence to the contrary, proof that the offence took place with the approval and under the direction of the consignor.

For the purposes of this section, the consignor is the person requesting the transportation of goods.

1987, c. 94, s. 69; 1990, c. 4, s. 212.

1987-12-18

517.2. Where the load of a motor vehicle subject to Title VIII.1 is dealt with as a single load chargeable in its entirety to only one consignor and the vehicle is outsized, the consignor is guilty of an offence and is liable, in addition to costs,

(1)  if the vehicle is outsized in respect of the dimension, to a fine of not less than $300,

(2)  if the vehicle is outsized in respect of the total loaded mass, to a minimum fine of $100, plus,

(a)  if the total loaded mass exceeds the maximum total loaded mass authorized by less than 5 000 kg, $50 for every 1 000 kg in excess;

(b)  if the total loaded mass exceeds the maximum total loaded mass authorized by 5 000 kg to 10 000 kg, $75 for every 1 000 kg in excess;

(c)  if the total loaded mass exceeds the maximum total loaded mass authorized by more than 10 000 kg, $100 for every 1 000 kg in excess.

Proof that the offence was committed by the consignor is, in the absence of any evidence to the contrary, proof that the offence took place with the approval and under the direction of the consignor.

For the purposes of this section, the consignor is the person requesting the transportation of goods.

1987, c. 94, s. 69.