C-24.2, r. 18.2 - Regulation giving effect to the Driver’s Licence Exchange Agreement between the Société de l’assurance automobile du Québec and the Federal Ministry of Transport, Building and Urban Development of the Federal Republic of Germany

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-24.2, r. 18.2

Regulation giving effect to the Driver’s Licence Exchange Agreement between the Société de l’assurance automobile du Québec and the Federal Ministry of Transport, Building and Urban Development of the Federal Republic of Germany

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 Federal Ministry of Transport, Building and Urban Development of the Federal Republic of Germany.

O.C. 628-2012, 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 Federal Ministry of Transport, Building and Urban Development of the Federal Republic of Germany, attached as a Schedule.

O.C. 628-2012, s. 2.

3. (Omitted).

O.C. 628-2012, s. 3.

SCHEDULE

DRIVER’S LICENCE EXCHANGE AGREEMENT

BETWEEN

THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC

AND

THE FEDERAL MINISTRY OF TRANSPORT, BUILDING AND URBAN DEVELOPMENT OF THE FEDERAL REPUBLIC OF GERMANY

THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC

represented by its President and Chief Executive Officer, Mr. John Harbour,

hereinafter referred to as “SAAQ”

AND

THE FEDERAL MINISTRY OF TRANSPORT, BUILDING AND URBAN DEVELOPMENT OF THE FEDERAL REPUBLIC OF GERMANY

represented by Mr. Rüdiger May, Division Head on behalf of the competent German authority for issuing driver’s licences,

hereinafter referred to as the “competent authority”

DESIRING to facilitate licence exchange for the holder of a valid driver’s licence they have issued and who is moving from one jurisdiction to the other, 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 Germany and “jurisdictions” refers to both Québec and Germany;

“Authority” refers to the administrative entity that issues drivers’ licences, i.e., in Québec, the Société de l’assurance automobile du Québec (SAAQ), and in Germany, the competent German authority to issue driver’s licences, and “authorities” refers simultaneously to both the Société de l’assurance automobile du Québec and the competent German authority;

“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.

(2) DRIVER’S LICENCES COVERED

2.1 In Québec:

A Class 5 driver’s 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 is under 25 years of age and has less than 24 months of driving experience, a Class 5 probationary licence is issued.

2.2 In Germany:

Category B driving licences issued by the competent German authority authorizes the holder to drive a motor vehicle - except a motorcycle - 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 or with a maximum authorized weight of no more than the tare weight of the towing vehicle, insofar as the combined maximum authorized weight is not more than 3,500 kg.

In addition, Categories M (two-wheeled mopeds and motor bicycles with a built-in maximum speed of no more than 45 km/h and equipped with an electric motor or internal combustion engine with a cylinder capacity of no more than 50 cm3), L (agricultural and forestry tractors with a maximum design speed of no more than 32 km/h) and S (light tricycles and quadricycles with a maximum design speed of no more than 45 km/h and a cylinder capacity of no more than 50 cm3) are included in Category B licences.

If the driving licence is obtained for the first time, it is issued on a probationary basis only; the probationary time period is set at two years as of the date of the licence is obtained. Where a driver’s licence is issued to the holder of a licence issued abroad, the probationary time period shall be reduced based on the time elapsed since the latter was obtained.

(3) RECOGNITION AND EXCHANGE OF LICENCES

3.1 In Québec:

The holder of a valid Category B German driving licence may, within 12 months after settling in Québec, exchange this licence for a Class 5 licence, including Class 6D and Class 8 privileges, without undergoing a proficiency test or an eye test.

The applicant will be issued a Québec driver’s licence in exchange for his or her German licence upon presentation of the identification required by the SAAQ and payment of the fees prescribed by regulations and the personal injury accident insurance premiums.

An applicant under 25 years of age will be issued a probationary licence of the same class unless he or she has 24 months or more of driving experience.

3.2 In Germany:

The holder of a valid Class 5 Québec driver’s licence or probationary licence may, within 12 months after settling in Germany, exchange this licence for a Category B licence, together with Categories M, L and S, without undergoing a proficiency test.

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

An applicant who has not held a driver’s licence for over two years will be issued a probationary licence of the same class.

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

3.4 Drivers’ licences with or without photo submitted for exchange will match the licence specimens provided, as per the terms of this agreement.

3.5 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.

3.6 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.

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

(4) FINAL PROVISIONS

4.1 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 without delay.

4.2 These provisions do not invalidate the provisions of any law or regulation applicable in Québec or in Germany with respect to the right to use a foreign driver’s licence.

4.3 This agreement may be amended at any time to take into account in particular any legal changes that come into effect within the jurisdiction of either Québec or Germany.

The authorities will notify each other at the earliest opportunity of the nature of changes made and the date of their coming into effect. They agree to change the agreement accordingly and endorse it in writing.

4.4 The designated authorities responsible for enforcing this agreement undertake to set up all the necessary mechanisms, including those to exchange information and validate licences submitted to the other authority under this agreement

4.5 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 from either authority should be sent to the following addresses:

For Québec:

Société de l’assurance automobile du Québec

Service des opérations et de la diffusion

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

Québec (Québec) G1K 8J6

Canada

Fax: [phone]

For Germany:

Kraftfahrt-Bundesamt

(Federal Motor Transport Authority)

24932 Flensburg

Germany

Fax: + 49 (0) 461/316-2942

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

4.6 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 to the following addresses:

For Québec:

Société de l’assurance automobile du Québec

Vice-présidence aux services à la clientèle

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

Québec (Québec) G1K 8J6

Canada

Fax: [phone]

For Germany:

Kraftfahrt-Bundesamt

(Federal Motor Transport Authority)

24932 Flensburg

Germany

Fax: + 49 (0) 461/316-2942

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

4.7 This agreement shall come into force on the agreed-upon date, after completion by both authorities of the internal formalities required. The date of coming into operation will be established in an exchange of letters.

4.8 Either authority may terminate this agreement by informing the other authority in writing at least three months before.

4.9 If during the cooperation under this Agreement any disputes occur with respect to the form and conditions of cooperation under this Agreement, the disputes will be dealt with by mutual consent.

Signed in duplicate, in French and German, both versions being equally valid.

Signed in Québec, Signed in Bonn,

on 5 September 2007 on 2 July 2007

FOR THE SOCIÉTÉ DE FOR THE FEDERAL MINISTRY

L’ASSURANCE AUTOMOBILE OF TRANSPORT, BUILDING

DU QUÉBEC AND URBAN DEVELOPMENT

OF THE FEDERAL REPUBLIC

OF GERMANY

________________________________________ ________________________________________

JOHN HARBOUR, MR. RÜDIGER MAY,

President and Chief Division Head

Executive Officer

O.C. 628-2012, Sch.

REFERENCES

O.C. 628-2012, 2012 G.O. 2, 2066