C-24.2, r. 26.1 - Regulation respecting the towing and impounding charges for seized road vehicles and the threshold for the value of unclaimed seized road vehicles

À jour au 1^er novembre 2024

Ce document a valeur officielle.

chapter C-24.2, r. 26.1

Regulation respecting the towing and impounding charges for seized road vehicles and the threshold for the value of unclaimed seized road vehicles

Highway Safety Code

(chapter C-24.2, s. 621, 1st par., subpars. 50 and 50.1).

The amounts prescribed in the Regulation have been indexed as of 1 November 2024 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 28 September 2024, page 513. (ss. 2, 3)

DIVISION I TOWING CHARGES

O.C. 782-2023, Div. I.

1. In this Division,

“protection vehicle” means a road vehicle equipped with an arrow light signal and belonging to a towing enterprise; (véhicule de protection)

“recovery” means all the manoeuvres required to place a road vehicle in the position necessary for the towing operation or to move a significant loss of the load or major debris of the vehicle to be towed. (récupération)

O.C. 782-2023, s. 1.

2. The basic charges for towing road vehicles seized under the Highway Safety Code (chapter C-24.2), in a place not covered by the Regulation respecting the provision of road service or towing on certain roads and autoroutes and on certain bridges or other infrastructures (chapter M-28, r. 4), are those appearing in the following table according to vehicle class:

Vehicle class	Towing charges
	Without recovery	With recovery
Road vehicle having a gross weight rating of less than 4,500 kg	$112.48	$209.64
Road vehicle having a gross weight rating of 4,500 kg to 8,000 kg	$173.96	$684.77
Road vehicle having a gross weight rating of more than 8,000 kg	$262.44	$1,357.43

The following charges are added to the basic charges:

(1)  an amount of $3.75 for each kilometre travelled beyond a distance of 10 km, for towing a road vehicle having a gross weight rating of less than 4,500 kg;

(2)  an hourly rate of $91.95, charged per 15 minutes, for the time spent towing a road vehicle having a gross weight rating of less than 4,500 kg after the first 30 minutes at the towing site where towing does not involve recovery or after the first 60 minutes where it involves recovery;

(3)  an hourly rate of $142.21, charged per 15 minutes, for the time spent towing a road vehicle having a gross weight rating of 4,500 kg to 8,000 kg after the first 30 minutes at the towing site where towing does not involve recovery or after the first 120 minutes where it involves recovery;

(4)  an hourly rate of $240.04, charged per 15 minutes, for the time spent towing a road vehicle having a gross weight rating of more than 8,000 kg after the first 30 minutes at the towing site where towing does not involve recovery or after the first 120 minutes where it involves recovery;

(5)  an amount of $31.45 for the use of an absorbent bag.

O.C. 782-2023, s. 2.

3. The basic charges for towing road vehicles seized under the Highway Safety Code (chapter C-24.2), on parts of the public roads covered by the Regulation respecting the provision of road service or towing on certain roads and autoroutes and on certain bridges or other infrastructures (chapter M-28, r. 4), are those appearing in the following table according to vehicle class:

Vehicle class	Towing charges
	Without recovery	With recovery
Road vehicle having a gross weight rating of less than 4,500 kg	$184.30	$235.49
Road vehicle having a gross weight rating of 4,500 kg to 8,000 kg	$285.55	$1,166.09
Road vehicle having a gross weight rating of more than 8,000 kg	$448.23	$2,366.31

The following charges are added to the basic charges:

(1)  an amount of $3.75 for each kilometre travelled beyond a distance of 10 km for towing a road vehicle having a gross weight rating of less than 4,500 kg;

(2)  an hourly rate of $142.21, charged per 15 minutes, for the time spent towing a road vehicle having a gross weight rating of less than 4,500 kg after the first 60 minutes at the towing site;

(3)  an hourly rate of $142.21, charged per 15 minutes for the time spent towing a road vehicle having a gross weight rating of 4,500 kg to 8,000 kg after the first 60 minutes at the towing site where towing does not involve recovery or after the first 120 minutes where it involves recovery;

(4)  an hourly rate of $240.04, charged per 15 minutes, for the time spent towing a road vehicle having a gross weight rating of more than 8,000 kg after the first 60 minutes at the towing site where towing does not involve recovery or after the first 120 minutes where it involves recovery;

(5)  an hourly rate of $142.21, charged per 15 minutes, for the use of an additional tow truck required for towing a road vehicle having a gross weight rating of 8,000 kg or less;

(6)  an hourly rate of $240.04, charged per 15 minutes, for the use of an additional tow truck required for towing a road vehicle having a gross weight rating of more than 8,000 kg;

(7)  an hourly rate of $57.65, charged per 15 minutes, per additional employee required for the manoeuvres required to move a significant loss of the load or major debris from a road vehicle;

(8)  an hourly rate of $91, charged per 15 minutes, for the use of a protection vehicle;

(9)  an amount of $31.45 for the use of an absorbent bag.

O.C. 782-2023, s. 3.

4. The towing charges set in this Division are indexed every 3 months as of 1 August 2023 according to the for-hire motor carrier freight services monthly price index for the Truck transportation category established by Statistics Canada. The result of the indexation is obtained by multiplying the charges set on 1 June 2023 by the ratio between the average of the indexes established for the quarter preceding by 4 months the date of indexation and the average of the indexes established for April, May and June of 2022.

If a quarterly average, the ratio between the averages or the result of the indexation has more than 2 decimals, only the first 2 decimals are retained and the second one is increased by one unit if the third decimal is equal to or greater than 5.

The indexation rule may not operate to decrease the charges payable.

The Minister of Transport publishes each quarter the result of the indexation in the Gazette officielle du Québec.

O.C. 782-2023, s. 4.

DIVISION II IMPOUNDING CHARGES

O.C. 782-2023, Div. II.

5. The daily charges for the impounding of road vehicles seized under the Highway Safety Code (chapter C-24.2) are

(1)  $15 for a vehicle having a gross weight rating of less than 4,500 kg;

(2)  $25 for a vehicle having a gross weight rating of 4,500 kg to 8 000 kg;

(3)  $35 for a vehicle having a gross weight rating of more than 8,000 kg.

O.C. 782-2023, s. 5.

DIVISION III THRESHOLD FOR THE VALUE OF UNCLAIMED SEIZED ROAD VEHICLES

O.C. 782-2023, Div. III.

6. The threshold for the value of unclaimed seized road vehicles that the Société de l’assurance automobile du Québec may dispose of under sections 209.18 and 209.19 of the Highway Safety Code (chapter C-24.2) is set at $5,000.

O.C. 782-2023, s. 6.

DIVISION IV TRANSITIONAL AND FINAL

O.C. 782-2023, Div. IV.

7. Despite section 5 of this Regulation, section 4 of the Regulation respecting towing and impounding charges for seized road vehicles (chapter C-24.2, r. 26) continues to apply to the seizure of road vehicles carried out before 1 June 2023.

O.C. 782-2023, s. 7.

8. This Regulation replaces the Regulation respecting towing and impounding charges for seized road vehicles (chapter C-24.2, r. 26).

O.C. 782-2023, s. 8.

9. (Omitted).

O.C. 782-2023, s. 9.

REFERENCES

O.C. 782-2023, 2023 G.O. 2, 802