C-24.2, r. 18 - Regulation respecting a reciprocal agreement on driver’s licence exchange between the Société de l’assurance automobile du Québec and the Driver and Vehicle Licensing Agency

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-24.2, r. 18

Regulation respecting a reciprocal agreement on driver’s licence exchange between the Société de l’assurance automobile du Québec and the Driver and Vehicle Licensing Agency

Highway Safety Code

(chapter C-24.2, s. 631).

1. The Highway Safety Code (chapter C-24.2) and its attendant regulations apply to the holder in Québec of a driver’s licence issued by the Driver and Vehicle Licensing Agency of Great Britain, U.K.

O.C. 547-2006, s. 1.

2. The provisions of the Code and its attendant regulations apply in accordance with the reciprocal agreement on driver’s licence exchange between the Société de l’assurance automobile du Québec and the Driver and Vehicle Licensing Agency, which is appended hereto.

O.C. 547-2006, s. 2.

3. (Omitted).

O.C. 547-2006, s. 3.

SCHEDULE

(s. 2)

UNDERSTANDING CONCERNING THE EXCHANGE OF DRIVING LICENCES

BETWEEN

THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC

AND

THE DRIVER AND VEHICLE LICENSING AGENCY

THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC, represented by Chairman and Chief Executive Officer, Mr John Harbour

Hereinafter referred to as “SAAQ”

AND

THE DRIVER AND VEHICLE LICENSING AGENCY, represented by High Commissioner of the United Kingdom of Great Britain and Northern Ireland, Mr David Reddaway, CMG MBE,

Hereinafter referred to as “DVLA”

Wishing to facilitate the exchange of driving licences for individuals licensed to drive in one jurisdiction and who take up residence in the other jurisdiction, have reached the following understanding to ensure that licences are recognised and to facilitate exchange

(1) DEFINITIONS

Under this understanding

1.1 “Jurisdiction” refers to Québec or Great Britain, whereas “Jurisdictions” refers simultaneously to both Québec and Great Britain.

“Authority” refers to the administrative entity that issues driver’s licences, i.e., in Québec, the Société de l’assurance automobile du Québec, and in Great Britain, the Driver and Vehicle Licensing Agency, whereas “Authorities” refers simultaneously to the Société de l’assurance automobile du Québec and the Driver and Vehicle Licensing Agency.

“Driving licence” or “driver’s licence” refers to a permit issued by either of the above authorities authorising the holder to drive a motor vehicle, subject to the terms and conditions specific to the licence class or category and any other related conditions, and subject to the laws and regulations in effect in the jurisdiction in question.

“Great Britain” means the United Kingdom of Great Britain and Northern Ireland with the exception of Northern Ireland.

“Valid” indicates that the time the driver’s licence issued by one authority is exchanged for a driver’s licence issued by the other authority, the original driver’s licence has not expired, been revoked, suspended, or cancelled by the issuing authority and is not subject to any other restrictions that prevent the holder from using it for the intended purpose.

1.2 Specific to Québec

A class 5 licence issued by the Société de l’assurance automobile du Québec authorises the holder to drive a two axle motor vehicle with a net weight of under 4,500 kg (cars, minivans, and light trucks), a motor vehicle permanently converted into a dwelling (mobile home), a tool vehicle, or a service vehicle (service truck or tow truck).

In addition, class 6D (moped) and 8 (farm tractor) are included in a class 5 licence.

Applicants under 25 years of age who have fewer than 24 months of driving experience are issued class 5 probationary licences.

1.3 Specific to Great Britain

Category B licences issued by the Driver and Vehicle Licensing Agency authorise the holders to drive

— Motor vehicles with a maximum weight of 3,500 kg, with no more than eight passenger seats in addition to the driver’s seat, and to which a trailer of no more than 750 kg may be hitched.

— Towing vehicles of a maximal total weight not exceeding 3,500 kg, and with the towed unit not exceeding the net weight of the towing vehicle

In addition, categories F (agricultural vehicles and lawnmowers), K (pedestrian machines), and P (mopeds) are included in category B licences.

(2) RECOGNITION AND EXCHANGE OF LICENCES

2.1 The holder of a valid class 5 Québec driver’s licence or probationary licence may, within five years after becoming resident in Great Britain, exchange this licence for a category B licence, including category F, K, and P privileges, authorising the holder to drive an automatic transmission vehicle without undergoing a proficiency examination or an eye test. However, a licence holder may drive in Great Britain with a Québec driver’s licence no longer than twelve months after becoming resident in that jurisdiction.

An applicant who wishes to drive a manual transmission vehicle must undergo a proficiency examination for that purpose.

The applicant will be issued a DVLA licence in exchange for his or her Québec licence upon presentation of the identification required by the British authority and payment of the fees prescribed by regulation.

2.2 The holder of a valid DVLA category B driver’s licence may, within 12 months after settling in Québec, exchange the licence for a class 5 licence, including class 6D and class 8 privileges, without undergoing a proficiency examination or eye test.

The applicant will be issued a Québec licence in exchange for the DVLA licence upon presentation of the identification required by the Québec authority and payment of the fees prescribed in the regulation and the personal injury accident insurance premium.

Applicants under the age of 25 will be issued probationary licences of the same class, unless they have at least 24 months of driving experience.

2.3 Any restrictions on the original driver’s licence are carried over to the licence issued in exchange, as equivalent codes.

2.4 Driver’s licences issued in exchange will match the licence specimens provided, as per the terms of this understanding.

2.5 The authority making the exchange will verify the applicant’s identity and the validity of the original licence, if necessary, by contacting the issuing authority.

2.6 The driving experience recorded on the applicant’s licence or in the applicant’s file by the issuing authority will be recognised by the other authority.

2.7 When an authority recovers an original driver’s licence as the result of an exchange, it will return it to the issuing authority.

(3) GENERAL

3.1 Samples or certified copies of the various driver’s licences currently admissible for exchange are appended to this understanding.

Any change by one or the other of the authorities to the sample driver’s licences valid at the time of the understanding will be communicated to the other authority.

3.2 Implementation of this understanding will be subject to the provisions of any law or regulation applicable in either jurisdiction.

3.3 This understanding may be amended to take into account any relevant legislative changes that come into effect within either jurisdiction.

The authorities will inform each other, as soon as possible, about the nature of any relevant legislative changes within their respective jurisdictions and the date on which they will come into effect. The authorities will mutually decide on any consequential amendment to this understanding and record it in writing.

3.4 The authorities will implement the commitments under this understanding. To this effect, they will set up all necessary mechanisms, including those to exchange information and validate licences submitted to the other authority under this understanding.

3.5 The authorities will assist one other in applying this understanding and, where necessary, will share information on licences submitted for exchange. A contact point will be established in order to directly validate submitted licences.

The authority exchanging a licence may verify its validity with the issuing authority through the use of information technology, as per terms to be determined by the authorities.

Enquiries pursuant to this paragraph should be sent to the following addresses:

SAAQ:

Société de l’assurance automobile du Québec

Service des opérations et de la diffusion

333, boulevard Jean-Lesage, C-3-14

Québec (Québec) GIK 8J6

Canada

Fax: [phone]

DVLA:

Driver and Vehicle Licensing Agency

Customer Enquiries (Drivers)

Swansea Yale II

3 Sandringham Park

Swansea Vale

Swansea SA7 0EP

United Kingdom

Fax: [phone]

Either authority may change the address to which enquiries will be sent by informing the other authority in writing.

3.6 Any document or communication regarding this understanding will be in writing and will be deemed to have been duly provided or forwarded at the time it is handed in person, delivered by courier or postage-paid registered mail, or sent by fax to the following addresses:

SAAQ:

Société de l’assurance automobile du Québec

Vice-présidence aux services à la clientèle

333, boulevard Jean-Lesage, C-1-31

Québec (Québec) GIK 8J6

Canada

Fax: [phone]

DVLA:

Driver and Vehicle Licensing Agency

Drivers Policy

Group Swansea Vale II

3 Sandringham Park

Swansea Yale

Swansea SA 7 0EP

United Kingdom

Fax: [phone]/765243

Either authority may change the address to which documents will be sent by informing the other authority in writing.

3.7 This understanding will come into operation on the agreed-upon date, after completion of the internal formalities required. The date of coming into effect will be established in an exchange of letters between authorities.

3.8 An authority, with the agreement of its government, where applicable, may terminate this understanding by means of a written notice to the other authority. The understanding will terminate ninety days following the date on which the said notice is sent.

Signed at Québec, Signed at Ottawa,

this 9th day of February 2006 this 2nd day of December 2005

in duplicate, in English and French languages, both versions being equally valid.

FOR THE SOCIÉTÉ FOR THE DRIVER AND

DE L’ASSURANCE VEHICLE LICENSING

AUTOMOBILE AGENCY

DU QUÉBEC

________________________ __________________________

JOHN HARBOUR, DAVID REDDAWAY, CMG MBE

Chairman and Chief High Commissioner of the

Executive Officer United Kingdom of Great

Britain and Northern Ireland

O.C. 547-2006, Sch.

REFERENCES

O.C. 547-2006, 2006 G.O. 2, 1927