C-24 - Highway Code

Section 89 Disposition versions

1987-12-01

89. (Repealed).

R. S. 1964, c. 231, s. 66; 1970, c. 53, s. 2; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1977, c. 63, s. 6; 1980, c. 38, s. 18; 1986, c. 91, s. 674.

1980-12-24

89. Subject to the preceding sections, whosoever:

(1)  contravenes any provision of section 51 or of subsections 2, 3 and 4 of section 52, shall be liable to a fine of $2 to $5 and costs and, in default of payment of such fine and costs, to imprisonment for twenty-four hours;

(2)  contravenes any provision of section 65, of the last three paragraphs of section 81, or the provisions of section 82, shall be liable to a fine of $5 to $10 and costs and, in default of payment of such fine and costs, to imprisonment for forty-eight hours;

(3)  contravenes any provision of section 56 shall be liable:

(a)  for the first offence, to a fine of $20 to $50 and costs and, in default of payment of such fine and costs, to imprisonment for eight days; however, if the speed exceeds by more than 25 kilometres per hour but less than 50 kilometres per hour that permitted by law, the court may also confiscate the driver’s permit for a period not exceeding three months, and if the speed exceeds by 50 kilometres per hour or more the speed permitted by law, or if the vehicle is involved in a highway accident, the court may condemn the driver, in addition to the said fine, costs and imprisonment, to imprisonment for not more than eight days, and confiscate such driver’s permit for a period not exceeding three months;

(b)  for a second offence within the ensuing twelve months, to a fine of $50 to $100 and costs and, in default of payment of such fine and costs, to imprisonment for fifteen days; the court may also confiscate the driver’s permit for a period not exceeding three months if the speed exceeds by more than 25 kilometres per hour but less than 50 kilometres per hour that permitted by law, and if the speed exceeds by 50 kilometres or more that permitted by law or if the vehicle is involved in a highway accident, the court may condemn the driver, in addition to the said fine, costs and imprisonment, to imprisonment for not more than fifteen days and it shall confiscate such driver’s permit for a period not exceeding three months;

(c)  for a third offence within twelve months after the first, to a fine of $100 to $200 and costs and, in default of payment of such fine and costs, to imprisonment for thirty days; the court shall also confiscate the driver’s permit for a period of at least three months, and of at least six months if the speed exceeds by more than 25 kilometres per hour but less than 50 kilometres per hour that permitted by law; if the speed exceeds by 50 kilometres per hour or more that permitted by law or if the vehicle is involved in a highway accident, the court shall condemn the driver, in addition to the said fine, costs and imprisonment, to imprisonment for not more than thirty days, and it shall confiscate such driver’s permit for a period of at least six months;

(4)  contravenes the provisions of the first paragraph of section 81, shall be liable:

(a)  for the first offence, to a fine of from $25 to $100 and costs;

(b)  for the second offence, to a fine of from $50 to $100 and costs;

(c)  for the third offence and each subsequent offence, to a fine of from $100 to $500 and costs; and, in default of payment of the fine and costs in each of such cases, to imprisonment for from eight to ninety days;

(5)  contravenes any provision of sections 28, 30, 31, 33, 35, 36, 37, 44, 46, 49, of paragraph 1 of section 52 and of section 62, or any provision of a regulation adopted by the Government or the Commission des transports, or any provision of this Act for which no penalty is provided, shall be liable:

(a)  for the first offence, to a fine of from $10 to $25 and costs and, in default of payment of such fine and costs, to imprisonment for eight days;

(b)  for a second offence within the ensuing twelve months, to a fine of from $20 to $50 and costs and, in default of payment of such fine and costs, to imprisonment for fifteen days.

The court may also confiscate the driver’s permit for a period not exceeding three months;

(c)  for a third offence within twelve months after the first, to a fine of $100 to $200 and costs and, in default of payment of such fine and costs, to imprisonment for thirty days.

The court shall also confiscate the permit for not less than three months;

(6)  contravenes any provisions of section 39, 45 or 48 shall be liable:

(a)  for the first offence, to a fine of from $20 to $50 and costs and, in default of payment of such fine and costs, to imprisonment for eight days;

(b)  for a second offence within the ensuing twelve months, to a fine of from $50 to $100 and costs and, in default of payment of such fine and costs, to imprisonment for fifteen days.

The court may also confiscate the driver’s permit for a period not exceeding three months;

(c)  for a third offence within twelve months after the first, to a fine of from $100 to $200 and costs and, in default of payment of such fine and costs, to imprisonment for thirty days.

The court shall also confiscate the permit for not less than three months;

(7)  (a)  does not immediately notify the Régie of any change of his address which may have occurred since he made his application and while his motor vehicle is registered, or while he is licensed or holds a permit under this Act; or

(b)  drives on a public highway any motor vehicle which is not registered for the then current year, or the registration of which has been suspended, or contrary to the restrictions indicated on the registration certificate or the driving permit that he holds; or

(c)  being the owner of a commercial vehicle or of a delivery car, uses the same or permits the use thereof for the transportation of persons for a pecuniary consideration, whatever may be the number of persons, or for the transportation without pecuniary consideration of more than 10 persons at one time, unless, in either case, such persons are members of the family or employees of the owner who are being transported to the place where they work or are returning therefrom; or

(d)  transports more than 7 persons in one taxi; or

(e)  engages as chauffeur a person who is not holding a permit as such; or

(f)  drives on a public highway a commercial vehicle or a delivery car which does not show, painted thereon at a place where it is visible at all times, its capacity as determined by the manufacturer, and as registered at the Régie; or

(g)  possesses in Québec a motor vehicle the accessories of which are not as declared in the application for the registration of the said motor vehicle; or

(h)  refuses or neglects to surrender the license or permit of which he is the holder, in conformity with an order given to him to do so under section 25; or

(i)  throws anywhere a bottle or any object from a motor vehicle in motion or stationary on or along the public highway, or from any place on the public highway or its vicinity; or

(j)  throws on or along the public highway a bottle or any object; or

(k)  consumes alcoholic beverages in a motor vehicle in motion or stationary on or along the public highway or consumes such liquor at any place whatsoever on the public highway; or

(l)  contravenes any provision of a regulation made under section 53,

shall be guilty of an offence against this Act, and upon conviction shall be condemned, in addition to the payment of the costs and of any fees and duties for which he may have been liable, to payment of a fine of $25 to $100 in the case of a first offence, and of not less than $100 nor more than $300 in the case of any subsequent offence, and, in default of payment of such fine and costs and of any fees and duties for which he may be liable, to imprisonment for not less than eight days nor more than thirty days in the case of a first offence, and for not less than fifteen days nor more than ninety days for each subsequent offence; and in the case of a third offence or any subsequent offence, he shall be liable to both such fine and imprisonment.

R. S. 1964, c. 231, s. 66; 1970, c. 53, s. 2; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1977, c. 63, s. 6; 1980, c. 38, s. 18.

1977-12-31

89. Subject to the preceding sections, whosoever:

(1)  contravenes any provision of section 51 or of subsections 2, 3 and 4 of section 52, shall be liable to a fine of two to five dollars and costs and, in default of payment of such fine and costs, to imprisonment for twenty-four hours;

(2)  contravenes any provision of section 65, of the last three paragraphs of section 81, or the provisions of section 82, shall be liable to a fine of five to ten dollars and costs and, in default of payment of such fine and costs, to imprisonment for forty-eight hours;

(3)  contravenes any provision of section 56 shall be liable:

(a)  for the first offence, to a fine of twenty to fifty dollars and costs and, in default of payment of such fine and costs, to imprisonment for eight days; however, if the speed exceeds by more than twenty-five kilometres per hour but less than fifty kilometres per hour that permitted by law, the court may also confiscate the driver’s permit for a period not exceeding three months, and if the speed exceeds by fifty kilometres per hour or more the speed permitted by law, or if the vehicle is involved in a highway accident, the court may condemn the driver, in addition to the said fine, costs and imprisonment, to imprisonment for not more than eight days, and confiscate such driver’s permit for a period not exceeding three months;

(b)  for a second offence within the ensuing twelve months, to a fine of fifty to one hundred dollars and costs and, in default of payment of such fine and costs, to imprisonment for fifteen days; the court may also confiscate the driver’s permit for a period not exceeding three months if the speed exceeds by more than twenty-five kilometres per hour but less than fifty kilometres per hour that permitted by law, and if the speed exceeds by fifty kilometres or more that permitted by law or if the vehicle is involved in a highway accident, the court may condemn the driver, in addition to the said fine, costs and imprisonment, to imprisonment for not more than fifteen days and it shall confiscate such driver’s permit for a period not exceeding three months;

(c)  for a third offence within twelve months after the first, to a fine of one hundred to two hundred dollars and costs and, in default of payment of such fine and costs, to imprisonment for thirty days; the court shall also confiscate the driver’s permit for a period of at least three months, and of at least six months if the speed exceeds by more than twenty-five kilometres per hour but less than fifty kilometres per hour that permitted by law; if the speed exceeds by fifty kilometres per hour or more that permitted by law or if the vehicle is involved in a highway accident, the court shall condemn the driver, in addition to the said fine, costs and imprisonment, to imprisonment for not more than thirty days, and it shall confiscate such driver’s permit for a period of at least six months;

(4)  contravenes the provisions of the first paragraph of section 81, shall be liable:

(a)  for the first offence, to a fine of from twenty-five to one hundred dollars and costs;

(b)  for the second offence, to a fine of from fifty to one hundred dollars and costs;

(c)  for the third offence and each subsequent offence, to a fine of from one hundred to five hundred dollars and costs; and, in default of payment of the fine and costs in each of such cases, to imprisonment for from eight to ninety days;

(5)  contravenes any provision of sections 28, 30, 31, 33, 35, 36, 37, 44, 46, 49, of paragraph 1 of section 52 and of section 62, or any provision of a regulation adopted by the Government or the Commission des transports, or any provision of this act for which no penalty is provided, shall be liable:

(a)  for the first offence, to a fine of from ten to twenty-five dollars and costs and, in default of payment of such fine and costs, to imprisonment for eight days;

(b)  for a second offence within the ensuing twelve months, to a fine of from twenty to fifty dollars and costs and, in default of payment of such fine and costs, to imprisonment for fifteen days.

The court may also confiscate the driver’s permit for a period not exceeding three months;

(c)  for a third offence within twelve months after the first, to a fine of one hundred to two hundred dollars and costs and, in default of payment of such fine and costs, to imprisonment for thirty days.

The court shall also confiscate the permit for not less than three months;

(6)  contravenes any provisions of section 39, 45 or 48 shall be liable:

(a)  for the first offence, to a fine of from twenty to fifty dollars and costs and, in default of payment of such fine and costs, to imprisonment for eight days;

(b)  for a second offence within the ensuing twelve months, to a fine of from fifty to one hundred dollars and costs and, in default of payment of such fine and costs, to imprisonment for fifteen days.

The court may also confiscate the driver’s permit for a period not exceeding three months;

(c)  for a third offence within twelve months after the first, to a fine of from one hundred to two hundred dollars and costs and, in default of payment of such fine and costs, to imprisonment for thirty days.

The court shall also confiscate the permit for not less than three months;

(7)  (a)  does not immediately notify the Bureau of any change of his address which may have occurred since he made his application and while his motor vehicle is registered, or while he is licensed or holds a permit under this act; or

(b)  drives on a public highway any motor vehicle which is not registered for the then current year, or the registration of which has been suspended, or contrary to the restrictions indicated on the registration certificate or the driving permit that he holds; or

(c)  being the owner of a commercial vehicle or of a delivery car, uses the same or permits the use thereof for the transportation of persons for a pecuniary consideration, whatever may be the number of persons, or for the transportation without pecuniary consideration of more than ten persons at one time, unless, in either case, such persons are members of the family or employees of the owner who are being transported to the place where they work or are returning therefrom; or

(d)  transports more than seven persons in one taxi; or

(e)  engages as chauffeur a person who is not holding a permit as such; or

(f)  drives on a public highway a commercial vehicle or a delivery car which does not show, painted thereon at a place where it is visible at all times, its capacity as determined by the manufacturer, and as registered at the Bureau; or

(g)  possesses in Québec a motor vehicle the accessories of which are not as declared in the application for the registration of the said motor vehicle; or

(h)  refuses or neglects to surrender the license or permit of which he is the holder, in conformity with an order given to him to do so under section 25; or

(i)  throws anywhere a bottle or any object from a motor vehicle in motion or stationary on or along the public highway, or from any place on the public highway or its vicinity; or

(j)  throws on or along the public highway a bottle or any object; or

(k)  consumes alcoholic beverages in a motor vehicle in motion or stationary on or along the public highway or consumes such liquor at any place whatsoever on the public highway; or

(l)  contravenes any provision of a regulation made under section 53,

shall be guilty of an offence against this act, and upon conviction shall be condemned, in addition to the payment of the costs and of any fees and duties for which he may have been liable, to payment of a fine of twenty-five to one hundred dollars in the case of a first offence, and of not less than one hundred dollars nor more than three hundred dollars in the case of any subsequent offence, and, in default of payment of such fine and costs and of any fees and duties for which he may be liable, to imprisonment for not less than eight days nor more than thirty days in the case of a first offence, and for not less than fifteen days nor more than ninety days for each subsequent offence; and in the case of a third offence or any subsequent offence, he shall be liable to both such fine and imprisonment.

R. S. 1964, c. 231, s. 66; 1970, c. 53, s. 2; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1977, c. 63, s. 6.