C-24.2, r. 18.1 - Regulation giving effect to the Driver’s Licence Exchange Agreement between the Société de l’assurance automobile du Québec and the Ministry of Infrastructure and the Environment of the Kingdom of the Netherlands

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-24.2, r. 18.1

Regulation giving effect to the Driver’s Licence Exchange Agreement between the Société de l’assurance automobile du Québec and the Ministry of Infrastructure and the Environment of the Kingdom of the Netherlands

Highway Safety Code

(chapter C-24.2, s. 631).

1. The Highway Safety Code (chapter C-24.2) and the regulations made under the Code apply to the holder of a driver’s licence issued by the Ministry of Infrastructure and the Environment of the Kingdom of the Netherlands.

O.C. 631-2012, s. 1.

2. The provisions of the Code and its regulations apply in the manner described in the Driver’s Licence Exchange Agreement between the Société de l’assurance automobile du Québec and the Ministry of Infrastructure and the Environment of the Kingdom of the Netherlands, attached as a Schedule.

O.C. 631-2012, s. 2.

3. (Omitted).

O.C. 631-2012, s. 3.

SCHEDULE

DRIVER’S LICENCE EXCHANGE AGREEMENT

BETWEEN

THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC

AND

THE MINISTRY OF INFRASTRUCTURE AND THE ENVIRONMENT OF THE KINGDOM OF THE NETHERLANDS

THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC

represented by its President and Chief Executive Officer, Ms. Nathalie Tremblay, duly authorized by law,

hereinafter referred to as “SAAQ”

AND

THE MINISTRY OF INFRASTRUCTURE AND THE ENVIRONMENT OF THE KINGDOM OF THE NETHERLANDS

represented by the Ambassador of the Kingdom of the Netherlands in Canada, His Excellency Mr. W. Geerts, duly authorized,

hereinafter referred to as the “Ministry”

DESIRING to facilitate licence exchange for holders of a valid driver’s licence, issued by one of the administrative entities, who are moving from the jurisdiction of one entity to the other, hereby agree to guarantee the recognition and facilitate the exchange of drivers’ licences according to the following provisions:

(1) DEFINITIONS

Under this agreement

1.1 “Jurisdiction” refers to Québec or the Netherlands, and “jurisdictions” refers to both Québec and the Netherlands.

“Authority” in this agreement refers to the administrative entity that issues driver’s licences, i.e., in Québec, the Société de l’assurance automobile du Québec and, in the Netherlands, the Dienst Wegverkeer, whereas “authorities” refers simultaneously to the Société de l’assurance automobile du Québec and the Dienst Wegverkeer.

“Driver’s licence” or “driving licence” refers to a permit issued by either of the above authorities authorizing 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.

“Valid” indicates that at the time the driver’s licence issued by one authority is submitted for exchange 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 SAAQ authorizes the holder to drive a two-axle motor vehicle with a net weight of less than 4,500 kg (cars, minivans, and light trucks), a motor vehicle permanently converted into a dwelling (motor home), a tool vehicle or a service vehicle (service truck or tow truck).

In addition, Classes 6D (moped) and 8 (farm tractor) are included in the Class 5 licence.

When an applicant has less than 24 months of driving experience, a Class 5 probationary licence is mandatory before a full Class 5 driver’s licence is issued.

1.3 Specific to the Netherlands:

Category B licences issued by the Ministry authorize the holder to drive:

— a motor vehicle with a maximum authorized 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 maximum authorized weight may be hitched;

— a trailer having a combined maximum authorized weight not exceeding 3,500 kg, and with the towed unit not exceeding the net weight of the towing vehicle.

In addition, Category AM (moped) is included in the Category B licence.

(2) RECOGNITION AND EXCHANGE OF LICENCES

2.1 The holder of a valid Class 5 Québec driver’s licence or probationary licence may, within six months after settling in the Netherlands, exchange this licence for a Category B licence, together with Category AM, authorizing the holder to drive a motor vehicle without undergoing a proficiency test.

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

2.2 The holder of a valid Category B Netherlands driving 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 test.

The holder may obtain a Québec licence in exchange for his or her Netherlands licence upon presentation of the identification required by the Québec authority as well as payment of the fees prescribed by regulations and the personal injury accident insurance premiums.

However, an applicant with less than 24 months of driving experience will be issued a Class 5 probationary licence.

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

2.4 Driver’s licences submitted for exchange will match the licence specimens provided, as per article 3.1 of this agreement.

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 recognized by the other authority.

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

(3) FINAL PROVISIONS

3.1 Samples or copies of the various drivers’ licences currently admissible for exchange and certified to be true copies by each issuing authority are appended to this agreement.

Any change by one or the other of the authorities to the sample drivers’ licences in use at the time of the agreement will be communicated to the other authority.

3.2 This agreement may be amended at any time to take into account in particular any legislative changes that come into effect within the jurisdiction of either party.

3.3 The designated authorities are responsible for enforcing this agreement. To this effect, they shall set up all necessary mechanisms, including those to exchange information and validate licences submitted to the other authority under this agreement.

3.4 The authorities will assist each other in applying this agreement and, when necessary, will share information on licences submitted for exchange. A contact point is 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 said authorities.

Enquiries pursuant under this article should be sent to the following addresses:

For Québec:

Société de l’assurance automobile du Québec

Service de la diffusion et de la liaison avec les corps policiers

333, boulevard Jean-Lesage, C-3-44

Québec (Québec) G1K 8J6

Canada

Fax: [phone]

[e-mail]

For the Netherlands:

Dienst Wegverkeer

Postbus 9000

9640HA Veendam

Nederland

Fax: [phone]

[e-mail]

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

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

For Québec:

Société de l’assurance automobile du Québec

Vice-présidence à la sécurité routière

333, boulevard Jean-Lesage, C-4-1

Québec (Québec) G1K 8J6

Canada

Fax: [phone]

[e-mail]

For the Netherlands:

Dienst Wegverkeer

Postbus 9000

9640HA Veendam

Nederland

Fax: + 31598699192

[e-mail]

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

3.6 This agreement shall come into force on the date to be decided upon in an exchange of letters between the authorities.

3.7 Either authority may terminate this agreement by informing the other authority in writing. The agreement shall terminate on the 90th day following the date that such notice is sent.

Signed in Québec on 15 March 2011 in duplicate, in French and Dutch, both versions being equally valid.

FOR THE SOCIÉTÉ DE FOR THE MINISTRY OF

L’ASSURANCE AUTOMOBILE INFRASTRUCTURE AND THE

DU QUÉBEC ENVIRONMENT OF THE

KINGDOM OF THE

NETHERLANDS

________________________________________ ________________________________________

MS. NATHALIE TREMBLAY, HIS EXCELLENCY MR. W. GEERTS,

President and Chief Ambassador of the Kingdom of the

Executive Officer Netherlands in Canada

O.C. 631-2012, Sch.

REFERENCES

O.C. 631-2012, 2012 G.O. 2, 2077