C-24 - Highway Code

Section 55 Disposition versions

1987-06-29

55. (Replaced).

1972, c. 55, s. 90; 1973, c. 40, s. 2; 1974, c. 37, s. 2; 1975, c. 43, s. 1; 1975, c. 44, s. 3; 1978, c. 75, s. 4; 1978, c. 75, s. 5; 1984, c. 47, s. 213; 1986, c. 91, s. 674.

1985-04-01

55. (1)  No person shall drive on any public highway a motor vehicle or combination of motor vehicles whose axle load or total loaded mass exceeds that fixed by the Government, unless the driver holds a special permit issued for that purpose.

(2)  No person shall drive on any public highway a motor vehicle or combination of motor vehicles whose length, width or height, load included, exceeds the length, width or height fixed by the Government, unless the driver holds a special permit issued for that purpose.

(3)  No person, as owner or as the owner’s mandatary or lessee, shall allow to be driven on any public highway a motor vehicle or combination of motor vehicles whose axle load or total loaded mass exceeds that fixed by the Government or any of whose dimensions exceeds the dimensions, load included, fixed by the Government unless such owner or his mandatary or lessee has first obtained a special permit issued for that purpose.

(4)  Any agent of the Department or peace officer in the performance of his duties who has reason to believe that the axle load, the total loaded mass or any dimension of a motor vehicle or combination of motor vehicles exceeds those fixed by the Government may cause the said motor vehicle or combination of motor vehicles to stop and require the driver to have it weighed or facilitate the measuring of it, as the case may be. He may also require the said vehicle or combination of vehicles to be driven to the nearest public scale, as long as that scale is not more than 16 km from the point of interception.

(5)  The axle load and total loaded mass of a motor vehicle or combination of motor vehicles shall be determined by scales or other appliances designed for that purpose and approved by the Minister and in the manner he determines.

(6)  When the agent of the Department or peace officer has established that the axle load or the total loaded mass exceeds that fixed by the Government, he must have the vehicle and its load driven to a suitable place and kept there until a sufficient part of the load has been displaced or removed so as to make the axle load or the total loaded mass comply with the requirements of law.

(7)  When, after measuring the vehicle and its load, the agent of the Department or the peace officer has established that any of the dimensions exceeds the maximum fixed by the Government, he must require that such vehicle and its load be driven to a suitable place and the dimensions of the vehicle and its load be made to comply with the requirements of law or, if this requirement is impracticable, he must require the driver to obtain a special permit issued for that purpose.

(8)  The part of the load removed to make the vehicle comply with the requirements as to axle load, total loaded mass and dimensions shall remain entirely the responsibility of the carrier or the owner of the load, according to any agreements made between them.

(9)  When required to do so by an agent of the Department or a peace officer, or by a traffic sign or any other sign provided for the purpose, the driver of a motor vehicle or combination of motor vehicles must drive the said vehicle to the weighing station and facilitate its weighing or measuring or any other inspection required by law.

(10)  Any person who fails to comply with what is indicated on a traffic sign or other sign indicating that he must have the vehicle which he is driving weighed or who, after having received the order to do so from an agent of the Department or a peace officer in the performance of his duties, refuses or neglects to obey that order or fails in any other manner to comply with the requirements of this section in cases where a penalty is not provided for elsewhere in this section, is quilty of an offence and liable, on summary proceeding, to a fine of at least $100 and costs and immediate confiscation of the registration markers of his motor vehicle and, failing payment of the fine and costs, to imprisonment for at least eight days.

(11)  Any driver operating or any owner or his mandatary or lessee who allows to be operated on a public highway a motor vehicle or combination of motor vehicles any of whose dimensions, load included, exceeds those fixed by the Government, is guilty of an offence and liable, on summary proceeding, to a fine of $50 and costs or failing payment of the fine and costs, to imprisonment for at least four days.

(12)  Every driver who operates, or owner or his mandatary or lessee who allows a motor vehicle or combination of motor vehicles to operate on a public highway:

(a)  one axle load of which exceeds that fixed by the Government, is guilty of an offence and liable, on summary proceeding, to a fine of at least $100 and costs; or

(b)   the total loaded mass of which exceeds that fixed by the Government, is guilty of an offence and liable, on summary proceeding, in addition to the payment of costs, to a minimum fine fixed in the following manner:

i.  where the factor of estimation of the fine is under 150, the fine is $1 multiplied by the factor of estimation; however, it cannot be less than $100;

ii.  where the factor of estimation of the fine is from 150 to 200, the fine is $150 plus the product of $2 multiplied by the difference between the factor of estimation and 150;

iii.  where the factor of estimation of the fine is from 200 to 250, the fine is $250 plus the product of $3 multiplied by the difference between the factor of estimation and 200;

iv.  where the factor of estimation of the fine is from 250 to 300, the fine is $400 plus the product of $4 multiplied by the difference between the factor of estimation and 250;

v.  where the factor of estimation of the fine is 300 or over, the fine is $600 plus the product of $5 multiplied by the difference between the factor of estimation and 300.

The factor of estimation of the fine equals the number of kilograms exceeding the total loaded mass fixed, divided by the product obtained by multiplying by 10 the number of axles the wheels of which are in contact with the public highway at the time of the offence.

Where a person could be condemned for having contravened subparagraph a and subparagraph b at the same time, he shall not be condemned except for having contravened subparagraph b.

Failing payment of the fine and costs, offenders are liable to imprisonment for at least eight days in each case.

1972, c. 55, s. 90; 1973, c. 40, s. 2; 1974, c. 37, s. 2; 1975, c. 43, s. 1; 1975, c. 44, s. 3; 1978, c. 75, s. 4; 1978, c. 75, s. 5; 1984, c. 47, s. 213.

1979-09-17

55. (1)  No person shall drive on any public highway a motor vehicle or combination of motor vehicles whose axle load or total loaded mass exceeds that fixed by the Government, unless the driver holds a special permit issued for that purpose.

(2)  No person shall drive on any public highway a motor vehicle or combination of motor vehicles whose length, width or height, load included, exceeds the length, width or height fixed by the Government, unless the driver holds a special permit issued for that purpose.

(3)  No person, as owner or as the owner’s mandatary or lessee, shall allow to be driven on any public highway a motor vehicle or combination of motor vehicles whose axle load or total loaded mass exceeds that fixed by the Government or any of whose dimensions exceeds the dimensions, load included, fixed by the Government unless such owner or his mandatary or lessee has first obtained a special permit issued for that purpose.

(4)  Any agent of the Department or peace officer in the performance of his duties who has reason to believe that the axle load, the total loaded mass or any dimension of a motor vehicle or combination of motor vehicles exceeds those fixed by the Government may cause the said motor vehicle or combination of motor vehicles to stop and require the driver to have it weighed or facilitate the measuring of it, as the case may be. He may also require the said vehicle or combination of vehicles to be driven to the nearest public scale, as long as that scale is not more than 10 miles from the point of interception.

(5)  The axle load and total loaded mass of a motor vehicle or combination of motor vehicles shall be determined by scales or other appliances designed for that purpose and approved by the Minister and in the manner he determines.

(6)  When the agent of the Department or peace officer has established that the axle load or the total loaded mass exceeds that fixed by the Government, he must have the vehicle and its load driven to a suitable place and kept there until a sufficient part of the load has been displaced or removed so as to make the axle load or the total loaded mass comply with the requirements of law.

(7)  When, after measuring the vehicle and its load, the agent of the Department or the peace officer has established that any of the dimensions exceeds the maximum fixed by the Government, he must require that such vehicle and its load be driven to a suitable place and the dimensions of the vehicle and its load be made to comply with the requirements of law or, if this requirement is impracticable, he must require the driver to obtain a special permit issued for that purpose.

(8)  The part of the load removed to make the vehicle comply with the requirements as to axle load, total loaded mass and dimensions shall remain entirely the responsibility of the carrier or the owner of the load, according to any agreements made between them.

(9)  When required to do so by an agent of the Department or a peace officer, or by a traffic sign or any other sign provided for the purpose, the driver of a motor vehicle or combination of motor vehicles must drive the said vehicle to the weighing station and facilitate its weighing or measuring or any other inspection required by law.

(10)  Any person who fails to comply with what is indicated on a traffic sign or other sign indicating that he must have the vehicle which he is driving weighed or who, after having received the order to do so from an agent of the Department or a peace officer in the performance of his duties, refuses or neglects to obey that order or fails in any other manner to comply with the requirements of this section in cases where a penalty is not provided for elsewhere in this section, is quilty of an offence and liable, on summary proceeding, to a fine of at least $100 and costs and immediate confiscation of the registration markers of his motor vehicle and, failing payment of the fine and costs, to imprisonment for at least eight days.

(11)  Any driver operating or any owner or his mandatary or lessee who allows to be operated on a public highway a motor vehicle or combination of motor vehicles any of whose dimensions, load included, exceeds those fixed by the Government, is guilty of an offence and liable, on summary proceeding, to a fine of $50 and costs or failing payment of the fine and costs, to imprisonment for at least four days.

(12)  Every driver who operates, or owner or his mandatary or lessee who allows a motor vehicle or combination of motor vehicles to operate on a public highway:

(a)  one axle load of which exceeds that fixed by the Government, is guilty of an offence and liable, on summary proceeding, to a fine of at least $100 and costs; or

(b)   the total loaded mass of which exceeds that fixed by the Government, is guilty of an offence and liable, on summary proceeding, in addition to the payment of costs, to a minimum fine fixed in the following manner:

i.  where the factor of estimation of the fine is under 150, the fine is $1 multiplied by the factor of estimation; however, it cannot be less than $100;

ii.  where the factor of estimation of the fine is from 150 to 200, the fine is $150 plus the product of $2 multiplied by the difference between the factor of estimation and 150;

iii.  where the factor of estimation of the fine is from 200 to 250, the fine is $250 plus the product of $3 multiplied by the difference between the factor of estimation and 200;

iv.  where the factor of estimation of the fine is from 250 to 300, the fine is $400 plus the product of $4 multiplied by the difference between the factor of estimation and 250;

v.  where the factor of estimation of the fine is 300 or over, the fine is $600 plus the product of $5 multiplied by the difference between the factor of estimation and 300.

The factor of estimation of the fine equals the number of kilograms exceeding the total loaded mass fixed, divided by the product obtained by multiplying by 10 the number of axles the wheels of which are in contact with the public highway at the time of the offence.

Where a person could be condemned for having contravened subparagraph a and subparagraph b at the same time, he shall not be condemned except for having contravened subparagraph b.

Failing payment of the fine and costs, offenders are liable to imprisonment for at least eight days in each case.

1972, c. 55, s. 90; 1973, c. 40, s. 2; 1974, c. 37, s. 2; 1975, c. 43, s. 1; 1975, c. 44, s. 3; 1978, c. 75, s. 4; 1978, c. 75, s. 5.

1978-12-22

55. (1)  No person shall drive on any public highway a motor vehicle or combination of motor vehicles whose axle load or total loaded weight exceeds that fixed by the Gouvernement, unless the driver holds a special permit issued for that purpose.

(2)  No person shall drive on any public highway a motor vehicle or combination of motor vehicles whose length, width or height, load included, exceeds the length, width or height fixed by the Gouvernement, unless the driver holds a special permit issued for that purpose.

(3)  No person, as owner or as the owner’s mandatary or lessee, shall allow to be driven on any public highway a motor vehicle or combination of motor vehicles whose axle load or total loaded weight exceeds that fixed by the Gouvernement or any of whose dimensions exceeds the dimensions, load included, fixed by the Gouvernement unless such owner or his mandatary or lessee has first obtained a special permit issued for that purpose.

(4)  Any agent of the Department or peace officer in the performance of his duties who has reason to believe that the axle load, the total loaded weight or any dimension of a motor vehicle or combination of motor vehicles exceeds those fixed by the Gouvernement may cause the said motor vehicle or combination of motor vehicles to stop and require the driver to have it weighed or facilitate the measuring of it, as the case may be. He may also require the said vehicle or combination of vehicles to be driven to the nearest public scale, as long as that scale is not more than ten miles from the point of interception.

(5)  The axle load and total loaded weight of a motor vehicle or combination of motor vehicles shall be determined by scales or other appliances designed for that purpose and approved by the Minister and in the manner he determines.

(6)  When the agent of the Department or peace officer has established that the axle load or the total loaded weight exceeds that fixed by the Gouvernement, he must have the vehicle and its load driven to a suitable place and kept there until a sufficient part of the load has been displaced or removed so as to make the axle load or the total loaded weight comply with the requirements of law.

(7)  When, after measuring the vehicle and its load, the agent of the Department or the peace officer has established that any of the dimensions exceeds the maximum fixed by the Gouvernement, he must require that such vehicle and its load be driven to a suitable place and the dimensions of the vehicle and its load be made to comply with the requirements of law or, if this requirement is impracticable, he must require the driver to obtain a special permit issued for that purpose.

(8)  The part of the load removed to make the vehicle comply with the requirements as to axle load, total loaded weight and dimensions shall remain entirely the responsibility of the carrier or the owner of the load according to any agreements made between them.

(9)  When required to do so by an agent of the Department or a peace officer, or by a traffic sign or any other sign provided for the purpose, the driver of a motor vehicle or combination of motor vehicles must drive the said vehicle to the weighing station and facilitate its weighing or measuring or any other inspection required by law.

(10)  Any person who fails to comply with what is indicated on a traffic sign or other sign indicating that he must have the vehicle which he is driving weighed or who, after having received the order to do so from an agent of the Department or a peace officer in the performance of his duties, refuses or neglects to obey that order or fails in any other manner to comply with the requirements of this section in cases where a penalty is not provided for elsewhere in this section, is quilty of an offence and liable, on summary proceeding, to a fine of at least one hundred dollars and costs and immediate confiscation of the registration markers of his motor vehicle and, failing payment of the fine and costs, to imprisonment for at least eight days.

(11)  Any driver operating or any owner or his mandatary or lessee who allows to be operated on a public highway a motor vehicle or combination of motor vehicles any of whose dimensions, load included, exceeds those fixed by the Gouvernement, is guilty of an offence and liable, on summary proceeding, to a fine of fifty dollars and costs or failing payment of the fine and costs, to imprisonment for at least four days.

(12)  Every driver who operates, or owner or his mandatary or lessee who allows a motor vehicle or combination of motor vehicles to operate on a public highway:

(a)  one axle load of which exceeds that fixed by the Gouvernement, is guilty of an offence and liable, on summary proceeding, to a fine of at least one hundred dollars and costs; or

(b)  the total loaded weight of which exceeds that fixed by the Gouvernement, is guilty of an offence and liable, on summary proceeding, in addition to the payment of costs, to a minimum fine fixed in the following manner:

i.  where the factor of estimation of the fine is under one hundred and fifty, the fine is one dollar multiplied by the factor of estimation; however, it cannot be less than one hundred dollars;

ii.  where the factor of estimation of the fine is from one hundred and fifty to two hundred, the fine is one hundred and fifty dollars plus the product of two dollars multiplied by the difference between the factor of estimation and one hundred and fifty;

iii.  where the factor of estimation of the fine is from two hundred to two hundred and fifty, the fine is two hundred and fifty dollars plus the product of three dollars multiplied by the difference between the factor of estimation and two hundred;

iv.  where the factor of estimation of the fine is from two hundred and fifty to three hundred, the fine is four hundred dollars plus the product of four dollars multiplied by the difference between the factor of estimation and two hundred and fifty;

v.  where the factor of estimation of the fine is three hundred or over, the fine is six hundred dollars plus the product of five dollars multiplied by the difference between the factor of estimation and three hundred.

The factor of estimation of the fine is equal to the number of pounds exceeding the total loaded weight fixed, multiplied by 0.454 and divided by the product obtained by multiplying by ten the number of axles the whells of which are in contact with the public highway at the time of the offence.

Where a person could be condemned for having contravened subparagraph a and subparagraph b at the same time, he shall not be condemned except for having contravened subparagraph b.

Failing payment of the fine and costs, offenders are liable to imprisonment for at least eight days in each case.

1972, c. 55, s. 90; 1973, c. 40, s. 2; 1974, c. 37, s. 2; 1975, c. 43, s. 1; 1975, c. 44, s. 3; 1978, c. 75, s. 4.

In respect of an offence contemplated in subparagraph b of the first paragraph of subsection 12 of section 55 of this Code committed after 31 December 1976 but before 22 December 1978, the fine to which the offender is liable must be computed according to the provisions of section 8 of chapter 75 of the statutes of 1978. (1978, c. 75, s. 8).

In respect of an offence contemplated in subparagraph b of the first paragraph of subsection 12 of section 55 of this Code committed after 21 December 1978 but before the coming into force of section 5 of chapter 75 of the statutes of 1978, the fine to which the offender is liable must be computed according to section 4 of chapter 75 of the statutes of 1978, notwithstanding the coming into force of section 5 of the said chapter. (1978, c. 75, s. 9).

1977-12-31

55. (1)  No person shall drive on any public highway a motor vehicle or combination of motor vehicles whose axle load or total loaded weight exceeds that fixed by the Gouvernement, unless the driver holds a special permit issued for that purpose.

(2)  No person shall drive on any public highway a motor vehicle or combination of motor vehicles whose length, width or height, load included, exceeds the length, width or height fixed by the Gouvernement, unless the driver holds a special permit issued for that purpose.

(3)  No person, as owner or as the owner’s mandatary or lessee, shall allow to be driven on any public highway a motor vehicle or combination of motor vehicles whose axle load or total loaded weight exceeds that fixed by the Gouvernement or any of whose dimensions exceeds the dimensions, load included, fixed by the Gouvernement unless such owner or his mandatary or lessee has first obtained a special permit issued for that purpose.

(4)  Any agent of the Department or peace officer in the performance of his duties who has reason to believe that the axle load, the total loaded weight or any dimension of a motor vehicle or combination of motor vehicles exceeds those fixed by the Gouvernement may cause the said motor vehicle or combination of motor vehicles to stop and require the driver to have it weighed or facilitate the measuring of it, as the case may be. He may also require the said vehicle or combination of vehicles to be driven to the nearest public scale, as long as that scale is not more than ten miles from the point of interception.

(5)  The axle load and total loaded weight of a motor vehicle or combination of motor vehicles shall be determined by scales or other appliances designed for that purpose and approved by the Minister and in the manner he determines.

(6)  When the agent of the Department or peace officer has established that the axle load or the total loaded weight exceeds that fixed by the Gouvernement, he must have the vehicle and its load driven to a suitable place and kept there until a sufficient part of the load has been displaced or removed so as to make the axle load or the total loaded weight comply with the requirements of law.

(7)  When, after measuring the vehicle and its load, the agent of the Department or the peace officer has established that any of the dimensions exceeds the maximum fixed by the Gouvernement, he must require that such vehicle and its load be driven to a suitable place and the dimensions of the vehicle and its load be made to comply with the requirements of law or, if this requirement is impracticable, he must require the driver to obtain a special permit issued for that purpose.

(8)  The part of the load removed to make the vehicle comply with the requirements as to axle load, total loaded weight and dimensions shall remain entirely the responsibility of the carrier or the owner of the load according to any agreements made between them.

(9)  When required to do so by an agent of the Department or a peace officer, or by a traffic sign or any other sign provided for the purpose, the driver of a motor vehicle or combination of motor vehicles must drive the said vehicle to the weighing station and facilitate its weighing or measuring or any other inspection required by law.

(10)  Any person who fails to comply with what is indicated on a traffic sign or other sign indicating that he must have the vehicle which he is driving weighed or who, after having received the order to do so from an agent of the Department or a peace officer in the performance of his duties, refuses or neglects to obey that order or fails in any other manner to comply with the requirements of this section in cases where a penalty is not provided for elsewhere in this section, is quilty of an offence and liable, on summary proceeding, to a fine of at least one hundred dollars and costs and immediate confiscation of the registration markers of his motor vehicle and, failing payment of the fine and costs, to imprisonment for at least eight days.

(11)  Any driver operating or any owner or his mandatary or lessee who allows to be operated on a public highway a motor vehicle or combination of motor vehicles any of whose dimensions, load included, exceeds those fixed by the Gouvernement, is guilty of an offence and liable, on summary proceeding, to a fine of fifty dollars and costs or failing payment of the fine and costs, to imprisonment for at least four days.

(12)  Every driver who operates, or owner or his mandatary or lessee who allows a motor vehicle or combination of motor vehicles to operate on a public highway:

(a)  one axle load of which exceeds that fixed by the Gouvernement, is guilty of an offence and liable, on summary proceeding, to a fine of at least one hundred dollars and costs; or

(b)  the total loaded weight of which exceeds that fixed by the Gouvernement, is guilty of an offence and liable, on summary proceeding, to a fine of at least one hundred dollars in addition to a fine of at least two dollars for each hundred pounds exceeding the total loaded weight fixed, and costs.

Where a person could be condemned for having contravened subparagraph a and subparagraph b at the same time, he shall not be condemned except for having contravened subparagraph b.

Failing payment of the fine and costs, offenders are liable to imprisonment for at least eight days in each case.

1972, c. 55, s. 90; 1973, c. 40, s. 2; 1974, c. 37, s. 2; 1975, c. 43, s. 1; 1975, c. 44, s. 3.