C-24.2, r. 16 - Regulation respecting the Reciprocal Agreement between the State of New York and Québec concerning Drivers’ Licences and Traffic Offenses

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-24.2, r. 16

Regulation respecting the Reciprocal Agreement between the State of New York and Québec concerning Drivers’ Licences and Traffic Offenses

Highway Safety Code

(chapter C-24.2, s. 631).

1. Application of the Highway Safety Code (chapter C-24.2) to the holder of a driver’s licence issued by the Société de l’assurance automobile du Québec or by the Department of Motor Vehicles of the State of New York is subject to the Reciprocal Agreement between the State of New York and Québec concerning Drivers’ Licences and Traffic Offenses, the text of which is appended.

O.C. 495-88, s. 1.

2. (Omitted).

O.C. 495-88, s. 2.

SCHEDULE 1

(s. 1)

RECIPROCAL AGREEMENT BETWEEN THE STATE OF NEW YORK AND QUÉBEC CONCERNING DRIVERS’ LICENCES AND TRAFFIC OFFENSES

WHEREAS the State of New York and Québec wish to:

1. Promote compliance with traffic laws and improve highway safety within their own borders;

2. Facilitate, for their respective residents who hold a valid driver’s licence, the issuance of a licence from the other jurisdiction to which they are moving;

3. Further highway safety by treating offenses for which their residents have been declared guilty in the other jurisdiction, as if they had been committed in the home jurisdiction for the purposes of updating and maintaining driver’s licence records;

4. Strengthen cooperation between the 2 jurisdictions so that residents satisfy fines imposed as a result of offenses committed within the other jurisdiction and for which they have been found guilty;

5. Allow motorists to accept traffic citations for certain offenses and proceed on their way without delay.

THEREFORE, the State of New York and Québec agree to the measures set forth in this Agreement.

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement:

1.1 “Jurisdiction” refers to the State of New York or to Québec.

1.2 “Home jurisdiction” means: the jurisdiction that issues a driver’s licence and has the authority to suspend or revoke it.

1.3 “Jurisdiction of origin” means: the jurisdiction which has issued the driver’s licence that the holder wants to exchange for a licence of the jurisdiction where he has moved.

1.4 “Declaration of guilt” means: an admission of guilt entered by or on behalf of the motorist or a finding of guilt after trial in a competent criminal court or payment of a fine for an offense mentioned under paragraph 3.1 committed in one jurisdiction by a resident of the other jurisdiction.

1.5 “Class 5 driver’s licence” means: a licence issued by the Department of Motor Vehicles of the State of New York authorizing its holder to drive a passenger vehicle or a truck whose gross vehicle weight is under 18 000 lbs (8 165 kg).

1.6 “Class 42 driver’s licence” means: a licence issued by the Régie de l’assurance automobile du Québec authorizing its holder to drive a motor vehicle or a combination of road vehicles, other than a public commercial vehicle, but including a farm tractor whose gross vehicle weight is under 11 000 kg (24 250 lbs).

1.7 “Valid driver’s licence” means: a driver’s licence that at the time of exchange has not expired and is not revoked or suspended in accordance with the laws of the issuing jurisdiction.

ARTICLE 2

DRIVER’S LICENCE EXCHANGE

2.1 A resident of New York who holds a valid class 5 driver’s licence may, when moving to Québec, exchange such licence without examination other than a vision test, for a class 42 driver’s licence on payment of the fees prescribed by a regulation and of the amount fixed by section 151 of the Automobile Insurance Act (R.S.Q., chapter A-25).

2.2 A resident of Québec who holds a valid class 42 driver’s licence may, when moving to New York, exchange such licence, without an examination other than a vision test, for a class 5 driver’s licence on payment of the fees prescribed by the Vehicle and Traffic Law.

2.3 The exchanged licence shall be returned to the jurisdiction of origin.

2.4 The jurisdiction of origin will verify the validity of the licence by disclosing to the home jurisdiction the following information, if available:

— the holder’s name and address;

— the holder’s height and sex;

— the holder’s driving record;

— the driver’s licence number;

— the period of validity of the licence;

— any restrictions to which the holder is subject;

— any suspensions or revocations of record, including:

. the reason for such suspension or revocation;

. the period of closed suspensions or revocations;

— the date of disclosure.

2.5 Information obtained by the new jurisdiction of residence pursuant to paragraph 2.4, becomes part of the driver’s record.

2.6 A driver’s licence issued pursuant to paragraphs 2.1 or 2.2 may be subsequently suspended, revoked, cancelled or restricted, or additional examination may be required based upon information received pursuant to paragraph 2.4.

ARTICLE 3

REPORTS AND EFFECTS OF CONVICTION

3.1. Declarations of guilt concerning the following offenses shall be reported to the home jurisdiction by the jurisdiction in which the offense was committed:

3.1.1 Major offenses

— Offenses relating to the operation of a motor vehicle while under the influence of alcohol or drugs, under: hi. 1192 of the Vehicle and Traffic Law of New York (hereinafter referred to as the “Vehicle and Traffic Law”) and under Sections 237 and 238 of the Criminal Code of Canada (hereinafter referred to as the “Criminal Code”);

— Offenses relating to criminal negligence or manslaughter resulting from the operation of a motor vehicle, under Article 125 of the Penal Law of New York and under sections 203, 204 and 219 of the Criminal Code;

— Offenses relating to reckless or dangerous driving, under:hi. 1190 of the Vehicle and Traffic Law and under section 233 of the Criminal Code;

— Offenses relating to the failure to stop at the scene of a fatal or personal injury accident or leaving without reporting, under:hi. 600(2) of the Vehicle and Traffic Law and under Section 236(1)a of the Criminal Code and Section 170 of the Highway Safety Code of Québec (hereinafter referred to as the “Highway Safety Code”).

3.1.2 Other offenses

— Offenses relating to driving over a prescribed or posted speed limit or at a speed in excess of that which is reasonable and prudent, under:hi. 1180 of the Vehicle and Traffic Law and under sections 327, 328 and 329 of the Highway Safety Code;

— Offenses relating to the failure to obey a red light or a stop sign, under:hi. 1111 and 1172 of the Vehicule and Traffic Law and under sections 359, 360, 368, 369 and 370 of the Highway Safety Code;

— Offenses relating to the failure to stop at the approach of a school bus with its flashing lights in operation, under:hi. 1174 of the Vehicle and Traffic Law and under section 460 of the Highway Safety Code;

3.1.3 County or municipal offenses

— Offenses under county or municipal by-laws or ordinances, similar to those offenses listed in subparagraph 3.1.2.

3.2 Information reported under paragraph 3.1 shall be transmitted in a manner mutually agreeable to both parties.

3.3 For the purposes of driver licensing records, each jurisdiction shall recognize a declaration of guilt in the other jurisdiction concerning one of its residents as if the violation were committed in the home jurisdiction. Points shall be assessed and suspensions or revocations issued in accordance with the appendix to this Agreement.

ARTICLE 4

ISSUANCE OF CITATION

4.1 Except as provided under paragraph 4.2, a police officer issuing a citation to a motorist who is a resident of the other jurisdiction, shall not require the posting of collateral or take the motorist into custody unless he has reasonable grounds to believe that the motorist will not comply with the terms of the citation.

4.2 A police officer may, for an offense mentioned under subparagraph 3.1.1, require the posting of collateral or take the motorist into custody.

ARTICLE 5

COMPLIANCE WITH TRAFFIC CITATIONS

5.1 Whenever a resident of the other jurisdiction has failed, following a declaration of guilt, to pay a fine imposed as a result thereof, within 30 days, for an offense mentioned under subparagraph 3.1.2 or 3.1.3 the jurisdiction in which the ticket was issued shall, as soon thereafter as possible, notify the home jurisdiction of such failure.

5.2 Upon receipt of the notification prescribed in paragraph 5.1, the home jurisdiction shall inform the driver that his driving privileges are or will be suspended in the other jurisdiction pending compliance with the terms of the citation.

5.3 Nothing contained herein shall be deemed to preclude the licensing authority of the jurisdiction in which the citation was issued from suspending a motorist’s driving privilege in that jurisdiction pending compliance with the terms of the citation.

5.4 No report shall be transmitted under paragraph 5.1 if the date of transmission is more than 6 months from the date of the declaration of guilt.

ARTICLE 6

ADMINISTRATION OF THE AGREEMENT

6.1 The Régie de l’assurance automobile du Québec and the Department of Motor Vehicles of the State of New York shall be the administrators of this Agreement and shall be empowered to develop the forms and procedures necessary to administer this Agreement.

6.2 The administrator in each party jurisdiction shall furnish to the other any information or documents necessary to facilitate administration of this Agreement. Such information shall include notification of any changes in Federal, State or Provincial laws or regulations which materially affect the terms of this Agreement.

ARTICLE 7

VALIDITY OF OTHER LAWS

This Agreement does not invalidate any provision of a law or a regulation relating to driver licences in effect in either jurisdiction, nor does it affect other reciprocal agreements.

ARTICLE 8

EFFECTIVE DATES AND WITHDRAWAL

The provisions of this Agreement will be effective upon formal notice on a date or dates acceptable to both jurisdictions. Either jurisdiction may withdraw from this Agreement by written notice to the other jurisdiction, but no such withdrawal shall take effect until 90 days after receipt of such notice.

ARTICLE 9

SEVERABILITY

The provisions of this Agreement are severable.

Signed at New York this 15th day of January 1988.

Signed at ..............

this 4th day of February 1988.

In duplicate in the English and French languages each text being equally authentic.

STATE OF NEW YORK

PATRICIA B. ADUCCI,

Commissioner of Motor Vehicles

MARIO M. CUOMO,

Governor

QUÉBEC

MARC YVAN CÔTÉ,

Ministre des Transports

GIL RÉMILLARD,

Ministre des Relations internationales

ROBERT BOURASSA,

Prime Minister

O.C. 495-88, Sch. 1.

SCHEDULE

(a. 3)

RECIPROCAL AGREEMENT BETWEEN THE STATE OF NEW YORK AND QUÉBEC CONCERNING DRIVERS’ LICENCES AND TRAFFIC OFFENSES

PART I

PENALTIES APPLIED BY QUÉBEC

In accordance with Article 3 of the Agreement, Québec will apply the following penalties to its residents convicted of offenses in New York

[C-24.2R0.1.2#01, see 1988 G.O. 2, 1624]
______________________________________________________________________________

OFFENSE PURSUANT TO THE LEGISLATION               APPLICABLE PENALTY
    OF THE STATE OF NEW YORK                          IN QUÉBEC
______________________________________________________________________________

                                MAJOR OFFENSES
______________________________________________________________________________
1.1 Section 1192 of Vehicle and         1.1 License revocation or suspension
Traffic Law                             of the right to obtain a license: at
                                        least one year
______________________________________________________________________________
1.2 Article 125 of Penal Law            1.2 License revocation or suspension
                                        of the right to obtain a license: at
                                        least one year
______________________________________________________________________________
1.3 Section 1190 of Vehicle and         1.3 License revocation or suspension
Traffic Law                             of the right to obtain a license: at
                                        least one year
______________________________________________________________________________
1.4 Section 600 (2) of Vehicle          1.4 License revocation or suspension
and Traffic Law                         of the right to obtain a license: at
                                        least one year
______________________________________________________________________________

                                OTHER OFFENSES
______________________________________________________________________________
2.1 Section 1180 of Vehicle             2.1 Assessment of at least one (1)
and Traffic Law or like                 demerit point on the driver’s record
section of municipal by-law
______________________________________________________________________________
2.2 Section 1111 or 1172 of             2.2 Assessment of at least two (2)
Vehicle and Traffic Law                 demerit points on the driver’s record
or like section of municipal
traffic by-law
______________________________________________________________________________
2.3 Section 1174 of Vehicle             2.3 Assessment of nine (9) demerit
and Traffic Law or like                 points on the driver’s record
section of municipal traffic 
by-law	   
________________________________________________________________________________

PART II

PENALTIES APPLIED BY THE STATE OF NEW YORK

In accordance with Article 3 of the Agreement, the State of New York will apply the following penalties to its residents convicted of offenses in Québec.

[C-24.2R0.1.2#02, see 1988 G.O. 2, 1625]
______________________________________________________________________________

OFFENSE PURSUANT TO THE QUÉBEC             APPLICABLE PENALTY IN NEW YORK
          LEGISLATION
______________________________________________________________________________

                                MAJORS OFFENSES
______________________________________________________________________________
1.1 Section 237 or 238 of               1.1 License revocation: at least 60 
the Criminal Code                       days
______________________________________________________________________________
1.2 Article 203, 204 or 219 of the      1.2 License revocation: at least six
Criminal Code                           months
______________________________________________________________________________
1.3 Section 233 of the Criminal Code    1.3 Assessment of three (3) points on
                                        the driver’s record
______________________________________________________________________________
1.4 Section 236(1)a) of the             1.4 License revocation: at least  
Criminal Code, or 170 of                six months
the Highway Safety Code
______________________________________________________________________________

                                OTHER OFFENSES
______________________________________________________________________________
2.1 Section 327, 328 or 329 of the      2.1 Assessment of at least three (3)
Highway Safety Code or like             points on the driver’s record
section of a municipal traffic 
by-law
______________________________________________________________________________
2.2 Section 359 or 360 of the           2.2 Assessment of two (2) points on
Highway Safety Code or                  the driver’s record
like section of a municipal 
traffic by-law
______________________________________________________________________________
2.3 Section 368, 369 or 370 of          2.3 Assessment of two (2) points on
the Highway Safety Code or like         the driver’s record
section of a municipal by-law
______________________________________________________________________________
2.4 Section 460 of the Highway          2.4 Assessment of two (2) points on
Safety Code or like section of a        the driver’s record
municipal traffic by-law
______________________________________________________________________________

O.C. 495-88, Sch.

REFERENCES

O.C. 495-88, 1988 G.O. 2, 1620

S.Q. 1990, c. 19, s. 11

S.Q. 1997, c. 43, s. 875