C-24.2, r. 34 - Regulation respecting licences

À jour au 1^er janvier 2013

Ce document a valeur officielle.

chapter C-24.2, r. 34

Regulation respecting licences

Highway Safety Code

(chapter C-24.2, s. 619, pars. 1, 3, 4 to 4.2, 5 to 5.2, 6 to 6.4, 7 and 23, and ss. 619.2 and 619.3).

The fees prescribed in the Regulation have been indexed as of 1 January 2013 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 8 December 2012, page 1436. (ss. 56, 57, 60, 73.3, 84.1, 84.2, 84.3, 84.5)

CHAPTER I DEFINITION AND INTERPRETATION

1. In this Regulation,

“driver’s licence Plus” means a driver’s licence or a probationary licence, one of whose functions is to indicate that the Société de l’assurance automobile du Québec, in accordance with this Regulation, has collected the information referred to in sections 32.4 and 32.5 and verified the documentary evidence required by section 32.5 in support of the licence holder’s declaration relating to the holder’s status of Canadian citizen; for the purposes of this Regulation, this function is designated by “Plus function”;

“net mass” means the mass of a road vehicle as indicated by the manufacturer at the time of shipment or as indicated on the weight certificate issued when the road vehicle was altered or fitted with an accessory or with equipment in order to bring it into conformity with its intended use;

“truck tractor” means a motor vehicle that has no room for loads and that is permanently equipped with a fifth wheel.

O.C. 1421-91, s. 1; O.C. 922-2008, s. 1; O.C. 1110-2008, s. 1; O.C. 1181-2011, s. 1.

2. In calculating a period referred to in any of sections 20, 22, 24, 35, 39, 42 to 46, any period of suspension of a learner’s licence, a probationary licence or a driver’s licence must be excluded.

O.C. 1421-91, s. 2; O.C. 922-2008, s. 2.

3. In calculating a period referred to in any of sections 42 to 46, any period during which the holder of a driver’s licence was not authorized to drive a road vehicle under the third paragraph of section 93.1 of the Highway Safety Code (chapter C-24.2) must be excluded.

O.C. 1421-91, s. 3.

4. Unless otherwise indicated, any reference in this Regulation must be read taking into account amendments that may be made to the legislative and regulatory provisions referred to.

O.C. 1421-91, s. 4.

CHAPTER II FORM AND CONTENT OF A LICENCE AND CONTENT OF A MEDICAL REPORT

5. A licence must contain the following information:

(1)  the holder’s file number;

(2)  the date of its coming into force and the date of its expiry;

(3)  the surname and usual given name of the holder;

(3.1)  the holder’s date of birth;

(4)  the address of the holder’s principal residence;

(5)  the holder’s eye colour, height and sex;

(6)  its class and any conditions attached to it;

(7)  an indication as to whether it is a learner’s licence, a probationary licence, a driver’s licence or a restricted licence;

(7.1)  at the end of the indication required under subparagraph 7, the word “temporary” if the licence meets the requirements of the second paragraph;

(7.2)  at the end of the indication required under subparagraph 7, the word “Plus” in the case of a driver’s licence Plus;

(8)  an indication, in the cases provided for in this Regulation, that the plastic licence is valid without the holder’s signature or photograph;

(9)  the indication “manual transmission”, “air braking system” or “road train” or any combination thereof in the cases provided for in this Regulation;

(10)  the letters CAN in the case of a driver’s licence Plus.

A licence that contains the word “temporary” in accordance with subparagraph 7.1 must meet the following requirements:

(1)  be issued in paper form;

(2)  be issued for the time required for a plastic licence to be issued;

(3)  be valid for a period of 20 days from its date of issue; and

(4)  the conditions for obtaining, renewing or replacing a plastic licence have been met.

O.C. 1421-91, s. 5; O.C. 531-95, s. 1; O.C. 1193-98, s. 1; O.C. 948-2002, s. 1; O.C. 922-2008, s. 3; O.C. 1110-2008, s. 2.

6. For the purposes of subparagraph 3 of the first paragraph of section 5, the surname and usual given name are the surname and habitually used given name appearing on the licence holder’s act of birth or, failing that, on a document proving his identity.

A licence holder married before 2 April 1981 may apply to have his spouse’s surname appear on the licence in addition to his own. For that purpose, he must provide the Société de l’assurance automobile du Québec with an authentic copy of the marriage certificate or an equivalent document and, where applicable, a French or English translation of the document that he submits.

O.C. 1421-91, s. 6.

7. The declaration of illness or functional impairment that a person must provide to obtain or renew a licence or to pay the amounts prescribed in section 93.1 of the Highway Safety Code (chapter C-24.2) must refer to one of the following health problems:

(1)  the wearing of eyeglasses or contact lenses for driving;

(2)  eye disease;

(3)  loss of hearing including deafness;

(4)  vertigo;

(5)  heart trouble;

(6)  arterial hypertension (high blood pressure);

(7)  functional impairment of the neck, spine, an arm, hand, leg or foot;

(8)  mental illness or psychiatric problems;

(9)  alcoholism;

(10)  drug use or addiction;

(11)  epilepsy;

(12)  nervous system illness;

(13)  loss of consciousness, convulsions, syncopes (other than epilepsy);

(14)  diabetes;

(15)  lung or bronchial disease;

(16)  illnesses other than those listed in this section;

(17)  intake of medication affecting the nerves such as stimulants or tranquilizers.

O.C. 1421-91, s. 7.

7.1. A probationary licence and a driver’s licence are issued in plastic form.

A temporary probationary licence and a temporary driver’s licence are issued in paper form.

A licence authorizing the driving of a moped only is issued in paper form or in plastic form, at the choice of the applicant.

O.C. 531-95, s. 2; O.C. 948-2002, s. 2; O.C. 922-2008, s. 4.

7.2. A learner’s licence and a restricted licence are issued in paper form or in plastic form, at the choice of the applicant.

O.C. 531-95, s. 2; O.C. 922-2008, s. 5.

7.3. (Revoked).

O.C. 531-95, s. 2; O.C. 922-2008, s. 6.

7.3.1. (Revoked).

O.C. 948-2002, s. 3; O.C. 922-2008, s. 6.

7.4. (Revoked).

O.C. 531-95, s. 2; O.C. 922-2008, s. 6.

7.5. A licence in paper form does not bear a photograph of the licence holder.

O.C. 531-95, s. 2; O.C. 922-2008, s. 7.

7.6. (Revoked).

O.C. 531-95, s. 2; O.C. 922-2008, s. 8.

7.7. A licence does not bear the photograph or signature of the holder if he is outside Québec when the licence is applied for and if he has informed the Société of such absence. He may, upon his return to Québec, apply to have his licence replaced by a licence bearing his photograph and signature.

O.C. 531-95, s. 2; O.C. 922-2008, s. 9.

7.8. A licence does not bear the photograph or signature of the holder where he resides in a locality not linked to the Québec highway system.

O.C. 531-95, s. 2; O.C. 922-2008, s. 10.

7.9. A licence may be without the photograph or signature of the holder where he provides the Société with a medical certificate attesting that he has an illness or physical deficiency that prevents him from being photographed or that considerably restricts his capacity to sign.

The physician must indicate on the certificate the estimated duration of the illness or deficiency.

O.C. 531-95, s. 2; O.C. 922-2008, s. 11.

7.10. A holder who applies for the replacement of a licence that was issued without a photograph or signature in accordance with section 7.9 and whose period of validity is less than 27 months must provide the Société with a new medical certificate complying with that section if he requests such exemptions again. He is exempt from providing a new certificate if the licence to be replaced is valid for 27 months or more.

O.C. 531-95, s. 2; O.C. 922-2008, s. 12.

7.11. A holder who applies for the renewal of a licence that was issued without a photograph or signature in accordance with section 7.9 must provide a new medical certificate complying with that section if he requests such exemptions again.

O.C. 531-95, s. 2; O.C. 922-2008, s. 13.

7.12. The driver’s licence Plus is issued only in plastic form and bears a photograph of the licence holder.

O.C. 1110-2008, s. 3.

CHAPTER II.1 AMOUNT CHARGEABLE TO TAKE A DRIVING COURSE

O.C. 1395-2009, s. 1.

7.13. The maximum amount chargeable to take, in a driving school recognized by a body certified by the Société, the appropriate driving course for a road vehicle covered by a class 5 driver’s licence is  $825.

O.C. 1395-2009, s. 1.

CHAPTER III LEARNER’S LICENCE

8. A learner’s licence must be of class 6R or of any class referred to in section 28, other than classes 4A, 4B, 4C, 6B, 6C, 6D, 6E and 8.

O.C. 1421-91, s. 8; O.C. 1371-2000, s. 1; O.C. 1181-2011, s. 2.

8.1. A class 6R learner’s licence authorizes the driving of any motorcycle only during a motorcycle driving course given by a driving school recognized by a body certified by the Société and during a proficiency examination given by the Société.

O.C. 1371-2000, s. 2.

9. Where a person holds a learner’s licence of a given class, his licence also comprises one or more additional classes, as indicated below:

(1)  class 1: classes 2 and 3;

(2)  class 2: class 3.

O.C. 1421-91, s. 9.

9.1. Subject to the conditions attached to it, a class 1, 2 or 3 learner’s licence allows its holder to drive a road vehicle covered by a licence of that class and equipped with a manual transmission or an air braking system even if the indication or indications to that effect are not entered in the licence holder’s file.

O.C. 922-2008, s. 14.

10. A person wishing to obtain a learner’s licence for the first time must:

(1)  submit a document proving his identity, in particular, his name, the day, month and year of his birth and, where applicable, a French or English translation of the document that he submits;

(2)  provide his eye colour, height and sex;

(3)  have his principal residence in Québec and provide the address of that residence, including the civic number, apartment number where applicable, street name, municipality and postal code;

(4)  (paragraph revoked);

(5)  complete and submit the declaration of illness or functional impairment form provided by the Société.

O.C. 1421-91, s. 10; O.C. 724-97, s. 1; O.C. 1110-2008, s. 4.

11. (Revoked).

O.C. 1421-91, s. 11; O.C. 1371-2000, s. 3.

12. A person wishing to obtain a learner’s licence must, if it is not his first time obtaining a learner’s licence:

(1)  fill out and submit the declaration of illness or functional impairment form provided by the Société;

(2)  successfully pass the eye test required by the Société if he has not passed test in the last 2 years;

(3)  have his principal residence in Québec and provide the address of that residence, including the civic number, apartment number where applicable, street name, municipality and postal code.

In addition to the requirements of paragraphs 1 and 2, to obtain a class 1, 2 or 3 learner’s licence, a person must

(a)  have produced a report of his medical examination or evaluation in accordance with section 73 of the Highway Safety Code (chapter C-24.2);

(b)  have fewer than 4 demerit points in his file and not have been subject to a penalty under section 185 or 191.2 of the Highway Safety Code or to a cancellation on any grounds provided for in section 180 of the Code for a minimum of 2 years.

O.C. 1421-91, s. 12; O.C. 1193-98, s. 2; O.C. 1110-2008, s. 5.

12.1. A person wishing to obtain a class 6A learner’s licence must:

(1)  submit his class 6R learner’s licence, which he must have held for one month;

(2)  submit a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the theoretical and practical parts of the driving course appropriate for driving the vehicle covered by the class of licence.

O.C. 1371-2000, s. 4; O.C. 1311-2009, s. 1.

12.2. A person wishing to obtain a class 5 learner’s licence must submit a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the theoretical part of the driving course appropriate for driving the vehicle covered by the class of licence, which is a prerequisite for beginning the first unit of the practical part of the course.

O.C. 1311-2009, s. 2.

13. A learner’s licence of a given class is valid for a period of 18 months when issued for the first time. A learner’s licence of the same class issued subsequently is valid for a period of one year.

A learner’s licence is valid from the time of its issue.

O.C. 1421-91, s. 13; O.C. 724-97, s. 2; O.C. 922-2008, s. 15.

CHAPTER IV PROBATIONARY LICENCE

14. A probationary licence must be of a class referred to in section 28, other than classes 1, 2, 3, 6D, 6E and 8.

O.C. 1421-91, s. 14; O.C. 1181-2011, s. 3.

15. Where a person holds a probationary licence of a given class, his licence also comprises one or more additional classes, as indicated below:

(1)  class 4A: classes 4B, 4C, 5, 6D and 8;

(2)  class 4B: classes 4C, 5, 6D and 8;

(3)  class 4C: classes 5, 6D and 8;

(4)  class 5: classes 6D and 8;

(5)  class 6A: classes 6B, 6C, 6D, 6E and 8;

(6)  class 6B: classes 6C, 6D, 6E and 8;

(7)  class 6C: classes 6D, 6E and 8.

O.C. 1421-91, s. 15; O.C. 1181-2011, s. 4.

16. Subject to the conditions attached thereto:

(1)  a probationary licence also allows the holder to driver a road vehicle covered by a licence of the class indicated on his licence where that road vehicle hauls a trailer or semi-trailer, except where the vehicle is a truck tractor having 2 axles and a net mass of 4,500 kg or more or a truck tractor having 3 axles or more;

(2)  a class 4A, 4B, 4C or 5 probationary licence also allows the holder to drive a bus designed to transport more than 24 passengers but containing not more than 3 passengers, for the sole purpose of repairing or moving it;

(3)  a class 4A, 4B, 4C or 5 probationary licence also allows the holder to drive a road vehicle covered by a class 3, 4A, 4B or 4C licence, for the sole purpose of repairing or moving it;

(4)  a class 5 probationary licence also allows the holder to drive a police vehicle within the scope of the basic training course of the École nationale de police du Québec.

O.C. 1421-91, s. 16; O.C. 922-2008, s. 16.

17. A person wishing to obtain a probationary licence must:

(1)  submit a document proving his identity, in particular, his name, the day, month and year of his birth and a French or English translation of the document that he submits if the document is written in a language other than French or English;

(2)  provide his eye colour, height and sex;

(3)  have his principal residence in Québec and provide the address of that residence, including the civic number, apartment number where applicable, street name, municipality and postal code;

(4)  complete and submit the declaration of illness or functional impairment form provided by the Société;

(5)  submit a French or English translation if the licence is in a language other than French or English.

O.C. 1421-91, s. 17; O.C. 724-97, s. 3; O.C. 922-2008, s. 17; O.C. 1110-2008, s. 6.

18. (Revoked).

O.C. 1421-91, s. 18; O.C. 1371-2000, s. 5.

19. (Revoked).

O.C. 1421-91, s. 19; O.C. 1371-2000, s. 5.

20. A person wishing to obtain a class 6A, 6B or 6C probationary licence for the first time must,

(1)  if the person obtained a class 6A learner’s licence before 1 January 2001,

(a)  submit his or her class 6A learner’s licence, which the person must have held for 8 months; and

(b)  submit a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the theoretical and practical parts of the driving course appropriate for driving the vehicle covered by the class of licence applied for;

(2)  if the person obtained a class 6A learner’s licence on or after 1 January 2001 but before 17 January 2010, submit his or her class 6A learner’s licence, which the person must have held for 7 months; or

(3)  if the person obtained a class 6A learner’s licence on or after 17 January 2010, submit his or her class 6A learner’s licence, which the person must have held for 11 months.

O.C. 1421-91, s. 20; O.C. 724-97, s. 4; O.C. 1371-2000, s. 6; O.C. 1311-2009, s. 3.

21. (Revoked).

O.C. 1421-91, s. 21; O.C. 1193-98, s. 3.

22. A person wishing to obtain a class 5 probationary licence must,

(1)  if the person obtained a class 5 learner’s licence before 17 January 2010, submit his or her class 5 learner’s licence, which the person must have held for 12 months, or for 8 months where the person submits a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the practical part of the driving course appropriate for driving the vehicle covered by the class of licence;

(2)  if the person obtained a class 5 learner’s licence on or after 17 January 2010,

(a)  submit his or her class 5 learner’s licence, which the person must have held for 12 months; and

(b)  submit a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the theoretical and practical parts of the driving course appropriate for driving the vehicle covered by the class of licence.

O.C. 1421-91, s. 22; O.C. 724-97, s. 5; O.C. 1311-2009, s. 4.

23. (Revoked).

O.C. 1421-91, s. 23; O.C. 724-97, s. 6.

24. A person wishing to obtain a class 4B or 4C probationary licence must:

(1)  have held a class 5 probationary licence for a total of 12 months;

(2)  furnish a medical or optometrical report.

O.C. 1421-91, s. 24; O.C. 724-97, s. 7.

25. A person wishing to obtain a class 4A probationary licence must:

(1)  hold a class 5 probationary licence;

(2)  have successfully completed an emergency vehicle driving course offered by the École nationale de police du Québec, Corporation d’urgences-santé, the Institut de protection contre les incendies du Québec or the École nationale des pompiers du Québec, or an equivalent emergency vehicle driving course;

(3)  furnish a medical or optometrical report.

O.C. 1421-91, s. 25; O.C. 922-2008, s. 18; O.C. 1311-2009, s. 5.

26. (Revoked).

O.C. 1421-91, s. 26; O.C. 922-2008, s. 19.

27. A probationary licence is valid,

(1)  if it was issued before 17 January 2010, for a period of 2 years from its date of issue, if the holder is under 23 years of age. In the case of a holder who is 23 years of age or older, a probationary licence is valid from its date of issue until the end of the day preceding the holder’s 25th birthday; or

(2)  if it was issued on or after 17 January 2010, for a period of 2 years from its date of issue.

Despite the foregoing, a probationary licence obtained subsequently to a probationary licence that was cancelled by the Société or at the holder’s request is valid for the duration that completes the period determined in subparagraph 1 or 2 of the first paragraph, as the case may be. Where a probationary licence is suspended, its period of validity is extended for a duration equal to the duration of the suspension, but not later than the end of the day preceding the holder’s 25th birthday, if the licence was issued under subparagraph 1 of the first paragraph.

A probationary licence issued to a person referred to in section 92.0.1 of the Highway Safety Code (chapter C-24.2) is valid for the duration that completes the period determined in subparagraph 1 or 2 of the first paragraph, as the case may be.

O.C. 1421-91, s. 27; O.C. 724-97, s. 8; O.C. 948-2002, s. 4; O.C. 922-2008, s. 20; O.C. 1311-2009, s. 6.

CHAPTER V DRIVER’S LICENCE

28. A driver’s licence must belong to one of the following classes:

(1)  class 1;

(2)  class 2;

(3)  class 3;

(4)  class 4A;

(5)  class 4B;

(6)  class 4C;

(7)  class 5;

(8)  class 6A;

(9)  class 6B;

(10)  class 6C;

(11)  class 6D;

(12)  class 6E;

(13)  class 8.

Subject to section 29, those classes are mutually exclusive.

O.C. 1421-91, s. 28; O.C. 1193-98, s. 4; O.C. 922-2008, s. 21; O.C. 1181-2011, s. 5.

28.1. Class 1 authorizes the driving of

(1)  a combination of road vehicles consisting of a truck tractor having 2 axles and a net mass of 4,500 kg or more and hauling one or more trailers or semi-trailers;

(2)  a combination of road vehicles consisting of a truck tractor having 3 axles or more and hauling one or more trailers or semi-trailers; and

(3)  a combination of road vehicles consisting of a truck complying with the standards of section 28.3, hauling a trailer or semi-trailer the net mass of which is 4,500 kg or more and used solely for transporting the machinery, implements or fixtures with which it is permanently equipped or hauling any other trailer or semi-trailer having a net mass of 2,000 kg or more.

Class 1 authorizes the driving of a combination of road vehicles described in the first paragraph equipped with a manual transmission or an air braking system or the driving of a road train as defined in the Special Road Train Operating Permits Regulation (chapter C-24.2, r. 36), if the indication or indications to that effect are entered in the licence holder’s file.

O.C. 922-2008, s. 21.

28.2. A class 2 licence authorizes the driving of a bus designed to transport more than 24 passengers at a time.

That class authorizes the driving of a road vehicle described in the first paragraph that is equipped with a manual transmission or an air braking system if the indication or indications to that effect are entered in the licence holder’s file.

O.C. 922-2008, s. 21.

28.3. A class 3 licence authorizes the driving of a truck having 2 axles and a net mass of 4,500 kg or more and of a truck with 3 axles or more.

That class authorizes the driving of a road vehicle described in the first paragraph that is equipped with a manual transmission or an air braking system if the indication or indications to that effect are entered in the licence holder’s file.

In this section, “truck” means a road vehicle having a net mass of more than 3,000 kg and manufactured solely for transporting goods or equipment permanently attached to it or for transporting such equipment and goods.

O.C. 922-2008, s. 21.

28.4. A class 4A licence authorizes the driving of an emergency vehicle.

O.C. 922-2008, s. 21.

28.5. A class 4B licence authorizes the driving of a bus designed to transport 24 passengers or less at a time, and a minibus.

O.C. 922-2008, s. 21.

28.6. A class 4C licence authorizes the driving of a taxi.

O.C. 922-2008, s. 21.

28.7. A class 5 licence authorizes the driving of a motor vehicle having 2 axles and a net mess of less than 4,500 kg, a motor vehicle permanently converted into a dwelling, a special mobile equipment vehicle and a service vehicle.

In this section, “service vehicle” means a motor vehicle equipped to refuel, repair or tow road vehicles.

O.C. 922-2008, s. 21.

28.8. A class 6A licence authorizes the driving of any motorcycle.

O.C. 922-2008, s. 21.

28.9. A class 6B licence authorizes the driving of a motorcycle with an engine piston displacement of 400 cc or less.

O.C. 922-2008, s. 21.

28.10. A class 6C licence authorizes the driving of a motorcycle with an engine piston displacement of 125 cc or less.

O.C. 922-2008, s. 21.

28.11. A class 6D licence authorizes the driving of a moped.

O.C. 922-2008, s. 21.

28.11.1. A class 6E licence authorizes the driving of a 3-wheel motorcycle not equipped with a sidecar and having the following characteristics:

(1)  it is designed to move on 3 wheels in contact with the ground and its wheels remain perpendicular to the road in curves;

(2)  it is equipped with seats that occupants must straddle; and

(3)  it does not have a structure partially or entirely concealing the driver and passenger, except the part in front of the driver and the seat backrest.

That class also authorizes the driving of a 2-wheel motorcycle on which a conversion kit has been installed, composed of a metal structure and of a pair of auxiliary wheels aligned on the axle of the motorcycle’s back wheel.

O.C. 1181-2011, s. 6.

28.12. A class 8 licence authorizes the driving of a tractor used for agricultural or related purposes.

O.C. 922-2008, s. 21.

29. Where a person holds a driver’s licence of a given class, his licence also comprises one or more additional classes, as indicated below:

(1)  class 1: classes 2, 3, 4A, 4B, 4C, 5, 6D and 8;

(2)  class 2: classes 3, 4A, 4B, 4C, 5, 6D and 8;

(3)  class 3: classes 4A, 4B, 4C, 5, 6D and 8;

(4)  class 4A: classes 4B, 4C, 5, 6D and 8;

(5)  class 4B: classes 4C, 5, 6D and 8;

(6)  class 4C: classes 5, 6D and 8;

(7)  class 5: classes 6D and 8;

(8)  class 6A: classes 6B, 6C, 6D, 6E and 8;

(9)  class 6B: classes 6C, 6D, 6E and 8;

(10)  class 6C: classes 6D, 6E and 8.

O.C. 1421-91, s. 29; O.C. 1181-2011, s. 7.

30. Subject to the conditions attached thereto:

(1)  a driver’s licence of a class other than class 1 or 3 also allows the holder to drive a road vehicle covered by a licence of that class where that road vehicle hauls a trailer or semi-trailer, except where the vehicle is a truck tractor having 2 axles and a mass net of 4,500 kg or more or a truck tractor having 3 axles or more;

(2)  a class 3 driver’s licence also allows the holder to drive a road vehicle covered by a licence of that class where that road vehicle hauls a trailer or semi-trailer having

(a)  a net mass of less than 2,000 kg; or

(b)  a net mass of 2,000 kg or more but less than 4,500 kg and used solely for transporting the machinery, implements or fixtures with which it is permanently equipped;

(3)  a class 3, 4A, 4B, 4C or 5 driver’s licence also allows the holder to drive a bus designed to transport more than 24 passengers but containing not more than 3 passengers, for the sole purpose of repairing or moving it;

(4)  a class 4A, 4B, 4C or 5 driver’s licence also allows the holder to drive a road vehicle covered by a class 3, 4A, 4B or 4C driver’s licence, for the sole purpose of repairing or moving it;

(5)  a class 5 driver’s licence also allows the holder to drive a police vehicle within the scope of the basic training course of the École nationale de police du Québec;

(6)  a class 1, 2 or 3 driver’s licence also allows the holder to drive a road vehicle authorized by that class, for the sole purposes of learning to drive it or undergoing the proficiency examination of the Société, where that vehicle is equipped with a manual transmission or an air braking system even if the indication or indications to that effect are not entered in the licence holder’s file, provided that the licence holder is accompanied as required by section 99 of the Highway Safety Code (chapter C-24.2).

O.C. 1421-91, s. 30; O.C. 922-2008, s. 22.

31. (Revoked).

O.C. 1421-91, s. 31; O.C. 724-97, s. 9.

32. A person wishing to obtain a driver’s licence must:

(1)  submit a document proving his identity, in particular, his name, the day, month and year of his birth and a French or English translation of the document that he submits if the document is written in a language other than French or English;

(2)  indicate his eye colour, height and sex;

(3)  have his principal residence in Québec and provide the address of that residence, including the civic number, apartment number where applicable, street name, municipality and postal code;

(4)  fill out and submit the declaration of illness or functional impairment form provided by the Société;

(5)  submit a French or English translation if the licence is in a language other than French or English.

O.C. 1421-91, s. 32; O.C. 724-97, s. 10; O.C. 922-2008, s. 23; O.C. 1110-2008, s. 7.

32.1. An application for a licence exchange referred to in sections 91 and 91.1 of the Highway Safety Code (chapter C-24.2) must be made within 12 months of the applicant’s settlement in Canada.

A person who settled in Canada before 28 October 2008 must apply for a licence exchange within 12 months following that date.

O.C. 922-2008, s. 24.

32.2. To be granted the exemption referred to in section 91.3 of the Highway Safety Code (chapter C-24.2), a person must apply for a licence within 12 months of the person’s settlement in Canada.

On the same conditions as those provided for in the first paragraph, a person is also exempted from the obligation to have successfully completed the theoretical and practical parts of the driving course appropriate for driving the vehicle covered by the class of licence applied for, to obtain a probationary licence or a class 5 driver’s licence.

A person who settled in Canada before 28 October 2008 must apply for a licence within 12 months following that date.

O.C. 922-2008, s. 24; O.C. 1311-2009, s. 7.

32.3. A person wishing to obtain a driver’s licence Plus must hold a licence and complete a declaration stating that the person has Canadian citizen status. The person must present himself at the time, date and place as agreed with the Société

(1)  to prove his identity and present the documents required under section 32.5 in support of his declaration relating to his status of Canadian citizen;

(2)  to complete a questionnaire on travel restrictions, provided by the Société and approved by the Canada Border Services Agency, in which the person declares that he is not forbidden to leave Canada, and sign the questionnaire;

(3)  to complete and sign a form, provided by the Société, authorizing the communication of personal information necessary for the purposes of the driver’s licence Plus.

The authorization given under subparagraph 3 of the first paragraph is valid for the term of the driver’s licence Plus and every driver’s licence Plus that replaces one that was lost, stolen or damaged or for any other reason. Where the holder notifies the Société that he is withdrawing his authorization, the Société must deactivate the Plus function of the licence.

A person who applies for a driver’s licence Plus must provide a declaration in which the person recognizes having received, read and understood the information guide concerning the driver’s licence Plus, using the consent form referred to in subparagraph 3 of the first paragraph.

O.C. 1110-2008, s. 8.

32.4. To prove his identity for a driver’s licence Plus, a person must submit at least 2 original documents, where one bears a photograph of the licence holder, issued by a competent administrative authority in Canada, among the following:

(a)  a birth certificate;

(b)  a licence authorizing a person to drive a road vehicle;

(c)  a health insurance card that bears a photograph of the licence holder;

(d)  a Certificate of Indian Status;

(e)  a Canadian passport.

O.C. 1110-2008, s. 8.

32.5. In support of his declaration relating to his status of Canadian citizen, a person must sign, in the presence of an agent of the Société, the citizenship questionnaire, provided by the Société and approved by the Minister of Citizenship, Immigration and Multiculturalism Canada, previously completed, and submit one of the following documents:

(1)  a provincial or territorial birth certificate for any person born in Canada;

(2)  a certificate of Canadian citizenship;

(3)  a certificate of registration of birth abroad, issued by Canadian authorities for citizenship between 1 January 1947 and 14 February 1977 to persons born abroad to a Canadian parent;

(4)  a certificate of retention of Canadian citizenship, issued between 1 January 1947 and 14 February 1977 to persons born abroad to a Canadian parent and who have retained their citizenship; or

(5)  a certificate of naturalization, issued before 1 January 1947 to persons who were naturalized in Canada.

The Société verifies the authenticity of the document submitted by a person in support of the declaration relating to his status of Canadian citizen.

O.C. 1110-2008, s. 8.

32.6. The Plus function of the driver’s licence Plus is active if the licence holder has activated it, by following the instructions issued with the licence and available on the Société website.

O.C. 1110-2008, s. 8.

32.7. The Société cancels the Plus function of the driver’s licence Plus when

(1)  it is informed by the licence holder or the competent authorities of the Government of Canada that the licence holder has lost his Canadian citizenship;

(2)  it is informed by the licence holder or the competent authorities of the Government of Canada that the licence holder is forbidden to leave Canada; and

(3)  it is aware or informed by a competent authority that the licence holder has obtained the driver’s licence Plus by means of false or inaccurate information.

O.C. 1110-2008, s. 8.

32.8. The Société cancels a driver’s licence Plus that has been altered, reproduced or used in a fraudulent manner, and a lost or stolen driver’s licence Plus.

O.C. 1110-2008, s. 8.

33. (Revoked).

O.C. 1421-91, s. 33; O.C. 1371-2000, s. 7.

34. (Revoked).

O.C. 1421-91, s. 34; O.C. 922-2008, s. 25.

35. A person wishing to obtain a class 6A, 6B or 6C driver’s licence for the first time must,

(1)  if it is a first probationary licence authorizing the person to drive a road vehicle other than a vehicle to which class 6D or class 8 applies, have held a probationary licence of the class applied for during the period determined in subparagraph 1 or 2 of the first paragraph of section 27, as the case may be;

(2)  if it is not a first driver’s licence authorizing the person to drive a road vehicle other than a vehicle to which class 6D or class 8 applies, and if the person obtained a class 6A learner’s licence before 1 January 2001,

(a)  submit his or her class 6A learner’s licence, which the person must have held for 8 months; and

(b)  submit a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the theoretical and practical parts of the driving course appropriate for the driving of the vehicle covered by the class of licence applied for;

(3)  if it is not a first driver’s licence authorizing the person to drive a road vehicle other than a vehicle to which class 6D or class 8 applies, and if the person obtained a class 6A learner’s licence on or after 1 January 2001 but before 17 January 2010, submit his or her class 6A learner’s licence, which the person must have held for 7 months;

(4)  if it is not a first driver’s licence authorizing the person to drive a road vehicle other than a vehicle to which class 6D or class 8 applies, and if the person obtained a class 6A learner’s licence on or after 17 January 2010, submit his or her class 6A learner’s licence, which the person must have held for 11 months;

(5)  if the person is a person referred to in section 92.0.1 of the Highway Safety Code (chapter C-24.2), have held a probationary licence for the duration that completes the period determined in subparagraph 1 or 2 of the first paragraph of section 27, as the case may be.

O.C. 1421-91, s. 35; O.C. 724-97, s. 11; O.C. 1371-2000, s. 8; O.C. 1311-2009, s. 8.

35.1. To obtain a class 6E driver’s licence, a person must

(1)  hold a class 5 driver’s licence and

(a)  submit a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the theoretical and practical parts of the driving course for 3-wheel motorcycles; or

(b)  submit a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the theoretical and practical parts of the driving course for motorcycles; or

(2)  hold a driver’s licence or a probationary licence in class 6A, 6B or 6C.

The holder of a class 6E driver’s licence who does not hold a class 6A, 6B or 6C driver’s licence may not act as supervisor for the holder of a learner’s licence driving a motorcycle.

A class 6E driver’s licence is issued to a person referred to in subparagraph 1 of the first paragraph in the form of a certificate in paper form containing the information set out in subparagraphs 1 to 3 of the first paragraph of section 5. Such certificate is valid from the date of issue for the term of the class 5 driver’s licence or until a licence that includes class 6E may be issued in plastic form, whichever occurs first.

O.C. 1181-2011, s. 8.

36. (Revoked).

O.C. 1421-91, s. 36; O.C. 724-97, s. 12.

37. (Revoked).

O.C. 1421-91, s. 37; O.C. 724-97, s. 12.

38. (Revoked).

O.C. 1421-91, s. 38; O.C. 724-97, s. 12.

39. A person wishing to obtain a class 5 driver’s licence must,

(1)  if it is a first driver’s licence authorizing the person to drive a road vehicle other than a vehicle to which class 6D or class 8 applies, have held a probationary licence of the class applied for during the period determined in subparagraph 1 or 2 of the first paragraph of section 27, as the case may be;

(2)  if it is not a first driver’s licence authorizing the person to drive a road vehicle other than a vehicle to which class 6D or class 8 applies, and if the person obtained a class 5 learner’s licence before 17 January 2010, submit his or her class 5 learner’s licence, which the person must have held for 12 months, or for 8 months where the person submits a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the practical part of the driving course appropriate for driving the vehicle covered by the class of licence applied for;

(3)  if it is not a first driver’s licence authorizing the person to drive a road vehicle other than a vehicle to which class 6D or class 8 applies, and if the person obtained a class 5 learner’s licence on or after 17 January 2010,

(a)  submit his or her class 5 learner’s licence, which the person must have held for 12 months; and

(b)  submit a certificate from a driving school recognized by a body approved by the Société, showing that the person has successfully completed the theoretical and practical parts of the driving course appropriate for driving the vehicle covered by the class of licence applied for;

(4)  if the person is a person referred to in section 92.0.1 of the Highway Safety Code (chapter C-24.2), have held a probationary licence of the class applied for, for the duration that completes the period determined in subparagraph 1 or 2 of the first paragraph of section 27, as the case may be.

O.C. 1421-91, s. 39; O.C. 724-97, s. 13; O.C. 1311-2009, s. 9.

40. (Revoked).

O.C. 1421-91, s. 40; O.C. 724-97, s. 14.

41. (Revoked).

O.C. 1421-91, s. 41; O.C. 724-97, s. 14.

42. A person wishing to obtain a class 4B or 4C driver’s licence must:

(1)  hold a probationary licence of the class applied for and have completed the period determined in subparagraph 1 or 2 of the first paragraph of section 27, as the case may be; or

(2)  fulfil the following conditions:

(a)  hold or have held a class 5 driver’s licence and have held such licence or a class 5 probationary licence for a total of 12 months;

(b)  furnish a medical or optometrical report to the Société.

O.C. 1421-91, s. 42; O.C. 724-97, s. 15; O.C. 1311-2009, s. 10.

43. A person wishing to obtain a class 4A driver’s licence must:

(1)  hold a probationary licence of the class applied for and have completed the period determined in subparagraph 1 or 2 of the first paragraph of section 27, as the case may be;

(2)  fulfil the following conditions:

(a)  hold or have held a class 5 driver’s licence and have held such licence or a class 5 probationary licence for a total of 24 months;

(b)  furnish a medical or optometrical report to the Société; or

(3)  fulfil the following conditions:

(a)  hold or have held a class 5 driver’s licence;

(b)  have successfully completed the emergency vehicle driving course offered by the École nationale de police du Québec, Corporation d’urgences-santé, the Institut de protection contre les incendies du Québec or the École nationale des pompiers du Québec, or an equivalent emergency vehicle driving course;

(c)  furnish a medical or optometrical report to the Société.

O.C. 1421-91, s. 43; O.C. 724-97, s. 16; O.C. 1193-98, s. 5; O.C. 922-2008, s. 26; O.C. 1311-2009, s. 11.

44. A person wishing to obtain a class 3 driver’s licence must:

(1)  have held a class 3 learner’s licence for 3 months, or for 1 month if the person

(a)  is 25 years of age or older; or

(b)  holds or has held a class 5 driver’s licence and has held such a licence or a class 5 probationary licence for a total of 60 months;

(2)  (paragraph revoked);

(3)  hold or have held a class 5 driver’s licence and have held such licence or a class 5 probationary licence for a total of 24 months.

O.C. 1421-91, s. 44; O.C. 724-97, s. 17; O.C. 1193-98, s. 6; O.C. 922-2008, s. 27.

45. To obtain a class 2 driver’s licence, a person must

(1)  have held a class 2 learner’s licence for 3 months, or for 1 month if the person

(a)  is 25 years of age or older;

(b)  holds or has held a class 3 driver’s licence; or

(c)  holds or has held a class 5 driver’s licence and has held such licence or a class 5 probationary licence for a total of 60 months; or

(2)  hold a class 2 learner’s licence for the time of a training comprising at least 20 hours of driving on public roads if the person meets one of the requirements in subparagraphs a to c of subparagraph 1. That training must be offered by an operator of heavy vehicles within the meaning of the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3) that has been assigned a satisfactory rating under that Act and that has not been the subject of any intervention of the Société within the last 2 years related to the implementation of the administrative policy adopted under that Act.

That person must also hold or have held a class 5 driver’s licence and have held such licence or a class 5 probationary licence for a total of 24 months.

O.C. 1421-91, s. 45; O.C. 724-97, s. 18; O.C. 1193-98, s. 7; O.C. 922-2008, s. 28.

46. A person wishing to obtain a class 1 driver’s licence must:

(1)  have held a class 1 learner’s licence for 3 months, or for 1 month if the person

(a)  is enrolled in the instruction program for the driving of trucks leading to a secondary school vocational diploma awarded by the Ministère de l’Éducation, du Loisir et du Sport and has successfully completed all the compulsory sections in the program required prior to road driving without a supervisor;

(b)  is 25 years of age or older;

(c)  holds or has held a class 2 or class 3 driver’s licence; or

(d)  holds or has held a class 5 driver’s licence and has held such a licence or a class 5 probationary licence for a total of 60 months;

(2)  (paragraph revoked);

(3)  hold or have held a class 5 driver’s licence and have held such licence or a class 5 probationary licence:

(a)  for a total of 36 months; or

(b)  for a total of 24 months, if the person has successfully completed

i.  a program comprising 300 hours of driving a road vehicle authorized by the licence applied for on public roads; the program must include at least 40 hours of driving provided by a heavy vehicle driving school and an on-the-job training period with the number of hours necessary to complete the 300 hours required; or

ii.  the instruction program for the driving of trucks leading to a secondary school vocational diploma awarded by the Ministère de l’Éducation, du Loisir et du Sport.

O.C. 1421-91, s. 46; O.C. 724-97, s. 19; O.C. 1193-98, s. 8; O.C. 922-2008, s. 29.

46.1. A person who wishes to have the indication «road train» entered in his file must have held a class 1 driver’s licence for at least 5 years.

O.C. 1193-98, s. 9.

46.2. (Revoked).

O.C. 1193-98, s. 9; O.C. 922-2008, s. 30.

47. (Revoked).

O.C. 1421-91, s. 47; O.C. 724-97, s. 20; O.C. 922-2008, s. 30.

48. (Revoked).

O.C. 1421-91, s. 48; O.C. 724-97, s. 21; O.C. 922-2008, s. 30.

49. A person referred to in the third paragraph of section 93.1 of the Highway Safety Code (chapter C-24.2) may not obtain the renewal of his driver’s licence.

O.C. 1421-91, s. 49.

50. The driver’s licence in paper form of a holder born in an even-numbered year is valid:

(1)  from the date on which it is issued until the end of the holder’s birthday occurring during the same year, if it is issued in an even-numbered year;

(2)  from the date on which it is issued until the end of the holder’s birthday occurring during the following even-numbered year, if it is issued in an odd-numbered year.

O.C. 1421-91, s. 50; O.C. 531-95, s. 3.

50.1. If the birthday referred to in paragraph 1 of section 50 occurs before the date on which the licence is issued, the period of validity of the licence in paper form ends on the birthday of the holder in the even-numbered year following the date on which the licence is issued.

O.C. 531-95, s. 3.

50.2. (Revoked).

O.C. 531-95, s. 3; O.C. 1422-97, s. 1.

50.3. The period of validity of a driver’s licence in paper form of a holder born in an odd-numbered year is determined by applying the provisions of sections 50 and 50.1, having substituted the expression «even-numbered year» for the expression «odd-numbered year» wherever it appears and vice versa.

O.C. 531-95, s. 3; O.C. 1422-97, s. 2.

50.3.1. (Revoked).

O.C. 948-2002, s. 5; O.C. 922-2008, s. 30.

50.4. A driver’s licence is valid from the date on which it is issued until the end of the holder’s birthday occurring during the year determined by adding multiples of 4 to the holder’s year of birth until the year thus obtained is that immediately following the year in which the licence is issued.

If the period thus obtained is less than 27 months, 48 months must be added thereto.

O.C. 531-95, s. 3; O.C. 922-2008, s. 31.

50.5. Notwithstanding section 50.4, the period of validity of a driver’s licence issued without a photograph or signature in accordance with section 7.7 must be determined pursuant to the provisions of sections 50 to 50.3.

O.C. 531-95, s. 3; O.C. 922-2008, s. 31.

50.6. Notwithstanding section 50.4, the period of validity of a driver’s licence issued without a photograph or signature in accordance with section 7.9 must be determined pursuant to the provisions of sections 50 to 50.3 if the holder provides the Société with a medical certificate indicating that the illness or deficiency will last less than 27 months.

O.C. 531-95, s. 3; O.C. 922-2008, s. 31.

CHAPTER V.1

(Revoked)

O.C. 1422-97, s. 3; O.C. 1311-2009, s. 12.

50.7. (Revoked).

O.C. 1422-97, s. 3; O.C. 1311-2009, s. 12.

CHAPTER VI EXCEPTIONS TO SECTION 94 OF THE CODE

51. A holder of a valid driver’s licence issued by the Société or by another administrative authority in Canada may also hold a valid driver’s licence issued by the Department of National Defence of Canada.

O.C. 1421-91, s. 51.

52. A holder of a valid driver’s licence issued by an administrative authority in the United States may also hold a valid driver’s licence issued by the Department of National Defence of Canada.

O.C. 1421-91, s. 52.

53. A holder of a valid driver’s licence issued by the Société who obtained it under section 92 of the Highway Safety Code (chapter C-24.2) may also hold a valid driver’s licence issued by an administrative authority in the United States.

O.C. 1421-91, s. 53.

CHAPTER VII OBLIGATIONS OF DRIVERS OF CERTAIN VEHICLES

54. The procedure according to which an operator, an owner of a heavy vehicle and a person who provides the services of a driver under a leasing contract is informed by a driver referred to in section 519.7 of the Code is the following:

(1)  the information must be provided in writing;

(2)  the writing must be signed by the driver, must indicate whether it is an amendment, a suspension or a cancellation and must give the reasons therefor;

(3)  in the case of an amendment or a suspension, the writing must mention the duration thereof and, in the case of a cancellation, the duration of the period during which the driver may not obtain a licence or class of licence identical to the licence or class of licence cancelled.

O.C. 1421-91, s. 54; O.C. 624-99, s. 1.

CHAPTER VIII CERTAIN SUMS PAYABLE BY A LICENCE HOLDER OR BY A PERSON APPLYING THEREFOR

DIVISION I GENERAL

55. An amount payable or refundable calculated under this Chapter is rounded off as follows:

(1)  where the amount is less than $10, to the nearest multiple of $0.05;

(2)  where the amount is equal to or greater than $10 but less than $25, to the nearest multiple of $0.10;

(3)  where the amount is equal to or greater than $25 but less than $100, to the nearest multiple of $0.25;

(4)  where the amount is equal to or greater than $100, to the nearest multiple of $1.00;

An amount that is equidistant from 2 multiples is rounded off to the greater thereof.

O.C. 1421-91, s. 55; O.C. 877-2010, s. 1.

DIVISION II DUTIES PAYABLE BY A PERSON APPLYING FOR A LEARNER’S LICENCE

56. The duties payable to obtain for the first time a learner’s licence of a given class are $12.80.

The duties payable subsequently to obtain a learner’s licence of the same class are $8.50.

O.C. 1421-91, s. 56; O.C. 724-97, s. 22.

DIVISION III DUTIES PAYABLE BY A PERSON APPLYING FOR A PROBATIONARY LICENCE

57. The duties payable for a probationary licence are $34.

However, the amount of the duties payable for the issue of a probationary licence is the product obtained by multiplying the monthly duties calculated according to the third paragraph by the number of months, including parts of a month, less one, between the date of issue of the licence and the date of expiry, if

(1)  the applicant is in the case referred to in section 92.0.1 of the Highway Safety Code (chapter C-24.2);

(2)  the applicant’s previous probationary licence was cancelled at the applicant’s request or revoked; or

(3)  the applicant is 23 years of age or older.

The monthly duties are the quotient obtained by dividing by 24 the amount fixed under the first paragraph.

O.C. 1421-91, s. 57; O.C. 1511-93, s. 1; O.C. 1262-96, s. 1; O.C. 724-97, s. 23; O.C. 266-2007, s. 1; O.C. 877-2010, s. 2.

58. In the case of a person whose previous probationary licence was revoked and the person did not apply for reimbursement of the part of the duties to which the person was entitled, an amount is subtracted from the duties payable for a new probationary licence in accordance with the provisions of the second paragraph.

The product obtained by multiplying the monthly duties calculated according to the third paragraph of section 57 by the number of months, excluding parts of a month, between the date of revocation of the previous probationary licence and the date on which it was to expire is subtracted from the amount calculated under the second paragraph of section 57.

O.C. 1421-91, s. 58; O.C. 266-2007, s. 1; O.C. 877-2010, s. 3.

DIVISION IV

(Revoked)

O.C. 1421-91, Div. IV; O.C. 266-2007, s. 2.

59. (Revoked).

O.C. 1421-91, s. 59; O.C. 1122-92, s. 1; O.C. 266-2007, s. 2, 14 and 15.

DIVISION V DUTIES PAYABLE BY A HOLDER OF A DRIVER’S LICENCE OR BY A PERSON APPLYING THEREFOR

§ 1 . — General

60. The annual duties to be paid under the first paragraph of section 93.1 of the Highway Safety Code are $17 for a driver’s licence, except a licence exclusively in class 6D or 8 for which the annual duties are $22.40.

O.C. 1421-91, s. 60; O.C. 1511-93, s. 2; O.C. 719-96, s. 1; O.C. 266-2007, ss. 3 and 14.

61. If, on the issue of a licence, the authorization to drive is valid for less or more than 12 months, the amount of the duties payable is the product obtained by multiplying the monthly duties calculated according to the second paragraph in the case of a driver’s licence, except a licence exclusively in class 6D or 8, or the monthly duties calculated according to the third paragraph in the case of a driver’s licence exclusively in class 6D or 8, by the number of months, including parts of a month, less one, during which the licence holder is authorized to drive.

The monthly duties for a driver’s licence, except a licence exclusively in class 6D or 8, are the quotient obtained by dividing by 12 the duties fixed for that licence under section 60.

The monthly duties for a driver’s licence exclusively in class 6D or 8 are the quotient obtained by dividing by 12 the duties fixed for that licence under section 60.

O.C. 1421-91, s. 61; O.C. 1511-93, s. 3; O.C. 719-96, s. 2; O.C. 1262-96, s. 2; O.C. 266-2007, s. 3 and 14; O.C. 877-2010, s. 4.

61.1. Where a person’s probationary licence has expired and the person has not paid the duties under section 61 and the fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects (chapter C-24.2, r. 27) for a first driver’s licence, or informed the Société of his or her intent not to obtain a first driver’s licence before the expiry of the probationary licence must, to obtain a first driver’s licence during the period in which payment is required, pay those amounts and the additional fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects.

A person referred to in the first paragraph whose right to obtain a licence was suspended for part of the period for which payment was required must pay, when the suspension is lifted if it is lifted during that period, the duties for the part of that period not covered by the suspension, and the fees and additional fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects, to obtain a first driver’s licence until the end of that period.

O.C. 266-2007, s. 3.

62. (Revoked).

O.C. 1421-91, s. 62; O.C. 1511-93, s. 4; O.C. 719-96, s. 3; O.C. 266-2007, s. 4.

63. A driver’s licence holder who has not paid, on the due date determined in section 73.5, the annual duties and the fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects (chapter C-24.2, r. 27) and has not applied for the cancellation of his or her licence and informed the Société by that date of his or her intent not to renew it must pay those amounts and the additional fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects, to obtain authorization to again drive a road vehicle until the end of the 12-month period for which the amounts are payable.

If the amounts have not been paid by the due dates, in respect of 2 periods and more than 12 months, only the amounts for the 12-month period during which authorization to drive is applied for are payable, in addition to the additional fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects.

O.C. 1421-91, s. 63; O.C. 266-2007, s. 5.

64. (Revoked).

O.C. 1421-91, s. 64; O.C. 266-2007, s. 6.

65. An amount is subtracted from the duties payable for a new driver’s licence in accordance with the second paragraph if the person did not apply for reimbursement of part of the duties paid for the previous driver’s licence while entitled thereto.

The product obtained by multiplying the monthly duties calculated according to the second paragraph of section 61 in the case of a driver’s licence, except a licence exclusively in class 6D or 8, or the monthly duties calculated according to the third paragraph of section 61 in the case of a driver’s licence exclusively in class 6D or 8, by the number of months, excluding parts of a month, between the date of revocation of the previous driver’s licence and the payment due date for the amounts payable under the first paragraph of section 93.1 of the Highway Safety Code (chapter C-24.2) had the licence not been revoked is subtracted from the amount calculated under the first paragraph of section 61.

O.C. 1421-91, s. 65; O.C. 266-2007, s. 7; O.C. 877-2010, s. 5.

66. A driver’s licence holder who has not paid, on the due date determined in section 73.5, the annual duties and the fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects (chapter C-24.2, r. 27) and has not applied for the cancellation of the licence and informed the Société by that date of his or her intent not to renew it, but whose licence was cancelled or revoked during the 12-month period for which the annual payment was to be made, must pay, on cancellation or on the issue of a new driver’s licence if it is issued during the 12-month period, the duties for the part of the 12-month period preceding the cancellation or revocation of the licence, and the fees and additional fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects.

If the amounts have not been paid by the due dates, in respect of 2 periods and more than 12-months, only the 12-month period during which the licence was cancelled or revoked is considered and only the amounts for the part of that period preceding the cancellation or revocation are payable in addition to the additional fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects.

The duties payable are calculated by multiplying the monthly duties calculated according to the second paragraph of section 61 in the case of a driver’s licence, except a licence exclusively in class 6D or 8, or the monthly duties calculated according to the third paragraph of section 61 in the case of a driver’s licence exclusively in class 6D or 8, by the number of months, including parts of a month, less 1, within the part of the 12-month period preceding the cancellation or revocation of the licence.

O.C. 1421-91, s. 66; O.C. 1511-93, s. 5; O.C. 719-96, s. 3; O.C. 266-2007, s. 7; O.C. 877-2010, s. 6.

67. (Revoked).

O.C. 1421-91, s. 67; O.C. 1511-93, s. 6; O.C. 719-96, s. 3; O.C. 266-2007, s. 8.

68. A driver’s licence holder who has not paid, by the due date determined in section 73.5, the annual duties and the fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects (chapter C-24.2, r. 27) and has not applied for the cancellation of the licence and informed the Société by that date of his or her intent not to renew the licence, but whose licence was suspended for part of the 12-month period for which payment was to be made, must pay, when the suspension is lifted if it is lifted during that period, the duties for the part of that period not covered by the suspension, and the fees and additional fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects, to be authorized to again drive a road vehicle until the end of that period.

If the annual amounts have not been paid by the due dates, in respect of 2 periods and more than 12 months, only the 12-month period during which the suspension was lifted is considered and only the amounts for the part of that period not covered by the suspension are payable in addition to the additional fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects.

O.C. 1421-91, s. 68; O.C. 1511-93, s. 7; O.C. 719-96, s. 3; O.C. 266-2007, s. 9.

69. A holder of a driver’s licence that was suspended during a payment period under section 73.5 is exempt from paying the annual duties for the duration of the suspension. If the suspension is lifted during the part of the 12-month period for which payment was to be made, the licence holder must pay, when the suspension is lifted, the duties for the part of that period not covered by the suspension and the fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code (chapter C-24.2, r. 27) and the return of confiscated objects, to be authorized to again drive a road vehicle until the end of that period.

O.C. 1421-91, s. 69; O.C. 1511-93, s. 8; O.C. 719-96, s. 3; O.C. 266-2007, s. 9.

70. A holder of a driver’s licence that was suspended for part of the 12-month period for which the annual duties were to be paid who has obtained reimbursement of those amounts must pay, when the suspension is lifted if it is lifted during that period, the duties for the part of that period following the end of the suspension, to be authorized to again drive a road vehicle until the end of that period.

O.C. 1421-91, s. 70; O.C. 1511-93, s. 9; O.C. 719-96, s. 3; O.C. 266-2007, s. 9.

70.1. The amount of the duties payable under sections 68 to 70 is the product obtained by multiplying the monthly duties calculated according to the second paragraph of section 61 in the case of a driver’s licence, except a licence exclusively in class 6D or 8, or the monthly duties calculated according to the third paragraph of section 61 in the case of a driver’s licence exclusively in class 6D or 8, by the number of months, including parts of a month, less 1, within the 12-month period considered.

O.C. 266-2007, s. 9; O.C. 877-2010, s. 7.

71. (Revoked).

O.C. 1421-91, s. 71; O.C. 1511-93, s. 11; O.C. 719-96, s. 3; O.C. 266-2007, s. 10.

72. (Revoked).

O.C. 1421-91, s. 72; O.C. 1511-93, s. 11; O.C. 719-96, s. 3; O.C. 266-2007, s. 10.

73. (Revoked).

O.C. 1421-91, s. 73; O.C. 1511-93, s. 12; O.C. 719-96, s. 3; O.C. 266-2007, s. 10.

73.1. (Revoked).

O.C. 719-96, s. 4; O.C. 1262-96, s. 3; O.C. 266-2007, s. 10 and 14.

73.2. (Revoked).

O.C. 719-96, s. 4; O.C. 1262-96, s. 4; O.C. 266-2007, s. 10 and 14.

DIVISION V.1 DUTIES EXIGIBLE FROM A PERSON WHO APPLIES FOR A RESTRICTED LICENCE

O.C. 1422-97, s. 4; O.C. 1311-2009, s. 13; O.C. 1181-2011, s. 9.

73.3. The amount of the duties payable for the issue of a restricted licence, except a licence exclusively in class 8, is the fees obtained by dividing by 12 the product obtained by multiplying $17 by the number of months, including parts of a month, less 1, between the date of issue and the expiry date.

The amount of the duties payable for the issue of a restricted licence where the licence is exclusively in class 8 is the fees obtained by dividing by 12 the product obtained by multiplying $22.40 by the number of months, including parts of a month, less 1, between the date of issue and the expiry date.

O.C. 1422-97, s. 4; O.C. 266-2007, s. 11; O.C. 1311-2009, s. 14; O.C. 877-2010, s. 8; O.C. 1181-2011, s. 10.

73.4. An amount is subtracted from the duties payable for the issue of a restricted licence if the person did not apply for reimbursement of part of the duties paid for the previous driver’s licence while entitled thereto.

The product obtained by multiplying the monthly duties calculated according to the third paragraph of section 57 by the number of months, excluding parts of a month, between the date on which the probationary licence is revoked and the date on which it was to expire is subtracted from the amount calculated under section 73.3, if the previous licence was a probationary licence.

The product obtained by multiplying the monthly duties calculated according to the second paragraph of section 61 by the number of months, excluding parts of a month, between the date on which the driver’s licence is revoked and the payment due date for the amounts payable under the first paragraph of section 93.1 of the Highway Safety Code, had the licence not been revoked, is subtracted from the amount calculated under section 73.3, if the previous licence was a driver’s licence other than a licence exclusively in class 6D or 8. The product obtained by multiplying the monthly duties calculated according to the third paragraph of section 61 by the number of months, excluding parts of a month, between the date on which the driver’s licence is revoked and the payment due date for the amounts payable under the first paragraph of section 93.1 of the Highway Safety Code, had the licence not been revoked, is subtracted from the amount calculated under section 73.3, if the previous licence was a driver’s licence exclusively in class 6D or 8.

O.C. 1422-97, s. 4; O.C. 266-2007, s. 11; O.C. 1311-2009, s. 14; O.C. 877-2010, s. 9; O.C. 1181-2011, s. 11.

DIVISION V.2 TERMS OF PAYMENT

O.C. 266-2007, s. 12.

73.5. The amounts to be paid under the first paragraph of section 93.1 of the Highway Safety Code (chapter C-24.2) must be paid every year within the 3-month period ending on the birthday of the driver’s licence holder.

Despite the first paragraph, if, on the issue of a licence, no more than 3 months remain before the expiry date, the payment due date for the annual fees, duties and insurance contribution is postponed for 12 months.

A licence holder who elects to pay by direct debit pursuant to section 73.6 is deemed to comply with the first paragraph of section 93.1 of the Highway Safety Code if he or she complies with this Division.

O.C. 266-2007, ss. 12, 14 and 15.

73.6. Direct debit payments may be made if the total of the amounts to be paid pursuant to the first paragraph of section 93.1 of the Highway Safety Code and the tax on the insurance contribution is equal to or greater than $48, provided that

(1)  no cheque or debit transaction for amounts owed to the Société under the Highway Safety Code (chapter C-24.2) has been refused by a financial institution in the two preceding years;

(2)  the licence holder authorizes the financial institution and the Société to make the transactions on a single account and provides the details of that account; and

(3)  the licence holder has obtained all the signatures and authorizations required.

O.C. 266-2007, ss. 12 and 14.

73.7. Direct debit payments may be made within 12 months of the due date determined in section 73.5, according to one of the following schedules:

(1)  annually: one debit transaction on the due date;

(2)  bimonthly or monthly: a debit transaction on the due date and the others every two months or every month according to the schedule chosen.

O.C. 266-2007, ss. 12 and 14.

73.8. A person to whom a probationary licence, a restricted licence or a driver’s licence is issued may pay the duties, fees, insurance contribution and tax on the contribution by direct debit within 15 months following the issue or in the period between the date of issue and the due date determined in section 73.5, whichever is shorter, on the conditions set out in sections 73.6 and 73.9 to 73.11.

A licence holder who elects to pay by direct debit pursuant to this section is deemed to comply with the second paragraph of section 93.1 of the Highway Safety Code if the licence holder complies with this Division.

O.C. 266-2007, ss. 12 and 14; O.C. 1311-2009, s. 14; O.C. 1181-2011, s. 12.

73.9. A person to whom a driver’s licence, a restricted licence or a probationary licence is issued must choose one of the following debit transaction schedules:

(1)  annually: one debit transaction on the day following the date on which the licence is issued;

(2)  bimonthly or monthly:

(a)  for a driver’s licence holder, according to the conditions established in paragraph 2 of section 73.7 provided that the debit transactions are concurrent with or subsequent to the date of issue;

(b)  for a restricted licence or a probationary licence holder, a first debit transaction on the day following the date of issue of the licence and the others every two months or every month according to the schedule chosen.

O.C. 266-2007, ss. 12 and 14; O.C. 1311-2009, s. 14; O.C. 1181-2011, s. 12.

73.10. A driver’s licence holder electing for direct debit payment for the duties, the insurance contribution prescribed in the Regulation respecting insurance contributions (chapter A-25, r. 3.1)and the fees prescribed in the Regulation respecting fees exigible under the Highway Safety Code and the return of confiscated objects (chapter C-24.2, r. 27), who has not paid them on the due date determined in section 73.5 and has not applied for the cancellation of his or her licence and informed the Société by that date of his or her intent not to renew it must choose one of the following debit transaction schedules:

(1)  annually: one debit transaction on the day following the date of authorization to drive a road vehicle;

(2)  bimonthly or monthly: a first debit transaction on the day following the date of authorization to drive a road vehicle and the others on the dates determined in paragraph 2 of section 73.7.

O.C. 266-2007, ss. 12 and 14.

73.11. The following rules apply to direct debit transactions:

(1)  the minimum amount of a transaction is $4;

(2)  the number of transactions may not be changed before the next due date, except a change required to comply with paragraph 1;

(3)  the amounts of the transactions must be equal except for the last, which may be less;

(4)  other amounts payable to the Société related to the driving of road vehicles may be added to the amount payable by direct debit, provided that the transaction dates remain the same; such amounts may not, however, be paid by direct debit if all the transactions of amounts payable for a licence have been made;

(5)  an amount that is added to or subtracted from the amount payable by direct debit following the issue of a licence or the addition or removal of a class is apportioned over all the transactions;

(6)  if the authorized financial institution is not open on the scheduled day of a transaction, the transaction is postponed to the next business day;

(7)  if the due date determined in section 73.5 falls on the 31st day of January, March, May, July, August, October or December and a debit transaction is scheduled for February, April, June, September or November, the transaction is made on the last day of the month;

(8)  if the due date determined in section 73.5 is the 29th or 30th day of a month and a debit transaction is scheduled in February, the transaction is made on the last day of February;

(9)  unless the licence holder gives notice to the contrary, the method of payment and the debit transaction schedule chosen by the licence holder are automatically renewed on the next due date determined in section 73.5;

(10)  a licence holder who terminates direct debit payments must so inform the Société and pay the balance owing at that time;

(11)  direct debit payments are interrupted and the balance owing becomes payable if

(a)  a transaction cannot be made, in particular because there are insufficient funds or the account identified by the licence holder under paragraph 2 of section 73.6 has been closed, and the default is not remedied 10 days after notice thereof is given to the licence holder by the Société; or

(b)  two debit transactions cannot be made during the annual payment period; and

(12)  if the licence is revoked or suspended or the licence holder is prohibited from driving a road vehicle under section 93.1 of the Highway Safety Code, the debit transactions continue to be made unless the licence holder informs the Société that they are terminated, in which case the balance owing becomes payable.

O.C. 266-2007, ss. 12 and 14.

DIVISION VI REIMBURSEMENT OF DUTIES

§ 1 . — Reimbursement of duties paid for a driver’s licence

74. The holder of a driver’s licence who applies to have his licence cancelled is entitled to a reimbursement of part of the duties paid calculated in accordance with section 82.

O.C. 1421-91, s. 74.

75. The holder of a probationary licence who applies to have his licence cancelled is entitled to a reimbursement of part of the duties paid calculated in accordance with section 79.

Notwithstanding the foregoing, a person whose probationary licence is suspended under section 191.2 of the Highway Safety Code (chapter C-24.2) and who obtains a restricted licence may not obtain a reimbursement.

O.C. 1421-91, s. 75.

75.1. The holder of a restricted licence who requests the cancellation of his licence is entitled to a reimbursement of a portion of the duties paid, calculated according to section 84.1.

O.C. 1422-97, s. 5; O.C. 1311-2009, s. 14; O.C. 1181-2011, s. 13.

76. The heirs and special legatees of the holder of a restricted licence, a probationary licence or a driver’s licence are entitled, upon request, to the reimbursement of a portion of the duties paid, calculated according to sections 80, 83 and 84.2.

O.C. 1421-91, s. 76; O.C. 1422-97, s. 6; O.C. 1311-2009, s. 14; O.C. 1181-2011, s. 13.

77. A person whose restricted licence, probationary licence or driver’s licence is revoked is entitled, upon request, to the reimbursement of a portion of the duties paid, calculated according to sections 79, 82 and 84.1.

Notwithstanding the foregoing, a person whose driver’s licence is cancelled under section 185 of the Highway Safety Code (chapter C-24.2) and who obtains a restricted licence may not obtain a reimbursement.

O.C. 1421-91, s. 77; O.C. 1422-97, s. 7; O.C. 1311-2009, s. 14; O.C. 1181-2011, s. 14.

78. A person whose restricted licence, probationary licence or driver’s licence is suspended is entitled, upon request, to the reimbursement of a portion of the duties paid, calculated according to sections 81, 84 and 84.3.

Notwithstanding the foregoing, a person whose probationary licence is suspended under section 191.2 of the Highway Safety Code (chapter C-24.2) and who obtains a restricted licence may not obtain a reimbursement.

O.C. 1421-91, s. 78; O.C. 1422-97, s. 8; O.C. 1311-2009, s. 14; O.C. 1181-2011, s. 15.

§ 2 . — Calculation of a reimbursement of duties

79. Where a probationary licence is cancelled or revoked, the amount of the reimbursement of the duties is the product obtained by multiplying the monthly duties calculated according to the third paragraph of section 57 by the number of months, excluding parts of a month, between the date of the cancellation or revocation and the date on which the licence was to expire.

O.C. 1421-91, s. 79; O.C. 266-2007, s. 13; O.C. 877-2010, s. 10.

80. Where the holder of a probationary licence dies, the amount of the reimbursement of duties is the product obtained by multiplying the monthly duties calculated according to the third paragraph of section 57 by the number of months, excluding parts of a month, between the date of death or revocation, whichever occurs first, and the date on which the licence was to expire.

O.C. 1421-91, s. 80; O.C. 266-2007, s. 13; O.C. 877-2010, s. 11.

81. Where a probationary licence is suspended, the amount of the reimbursement of duties is the product obtained by multiplying the monthly duties calculated according to the third paragraph of section 57 by the number of months, excluding parts of a month, between the date of the suspension and the date on which the suspension is lifted.

O.C. 1421-91, s. 81; O.C. 266-2007, s. 13; O.C. 877-2010, s. 12.

82. Where a driver’s licence other than a licence exclusively in class 6D or 8 is cancelled or revoked, the amount of the reimbursement of the duties is the product obtained by multiplying the monthly duties calculated according to the second paragraph of section 61 by the number of months, excluding parts of a month, between the date of the cancellation or revocation and the payment due date for the amounts payable under the first paragraph of section 93.1 of the Highway Safety Code (chapter C-24.2) had the licence not been cancelled or revoked.

O.C. 1421-91, s. 82; O.C. 266-2007, s. 13; O.C. 877-2010, s. 13.

83. Where the holder of a driver’s licence other than a licence exclusively in class 6D or 8 dies, the amount of the reimbursement of the duties is the product obtained by multiplying the monthly duties calculated according to the second paragraph of section 61 by the number of months, excluding parts of a month, between the date of death and the payment due date for the amounts payable under the first paragraph of section 93.1 of the Highway Safety Code (chapter C-24.2) had the licence not been cancelled or revoked.

O.C. 1421-91, s. 83; O.C. 266-2007, s. 13; O.C. 877-2010, s. 14.

84. Where a driver’s licence other than a licence exclusively in class 6D or 8 is suspended, the amount of the reimbursement of the duties is the product obtained by multiplying the monthly duties calculated according to the second paragraph of section 61 by the number of months, excluding parts of a month, between the date of the suspension and the date on which the suspension is lifted.

O.C. 1421-91, s. 84; O.C. 266-2007, s. 13; O.C. 877-2010, s. 15.

84.1. In the case of cancellation or revocation of a restricted licence issued, other than a licence exclusively in class 8, the amount of the reimbursement of the duties is obtained by dividing by 12 the product obtained by multiplying $17 by the number of months, excluding parts of a month, between the date of the cancellation or revocation and the date on which the licence was to expire.

O.C. 1422-97, s. 9; O.C. 266-2007, s. 13; O.C. 1311-2009, s. 14; O.C. 877-2010, s. 16; O.C. 1181-2011, s. 16.

84.2. In the case of death of a holder of a restricted licence issued, other than a licence exclusively in class 8, the amount of the reimbursement of the duties is obtained by dividing by 12 the product obtained by multiplying $17 by the number of months, excluding parts of a month, between the date of death and the date on which the licence was to expire.

O.C. 1422-97, s. 9; O.C. 266-2007, s. 13; O.C. 1311-2009, s. 14; O.C. 877-2010, s. 17; O.C. 1181-2011, s. 16.

84.3. In the case of suspension of a restricted licence issued, other than a licence exclusively in class 8, the amount of the reimbursement of the duties is obtained by dividing by 12 the product obtained by multiplying $17 by the number of months, excluding parts of a month, between the date of the suspension and the date on which the suspension is lifted.

O.C. 1422-97, s. 9; O.C. 266-2007, s. 13; O.C. 1311-2009, s. 14; O.C. 877-2010, s. 18; O.C. 1181-2011, s. 16.

84.4. The amount of a reimbursement applicable to a driver’s licence exclusively in class 6D or 8, in the cases referred to in sections 82 to 84, is obtained by applying the rules in those sections, with the reference to “the second paragraph of section 61” replaced by “the third paragraph of section 61”.

O.C. 266-2007, s. 13; O.C. 877-2010, s. 19.

84.5. The amount of the reimbursement applicable to a restricted licence issued, exclusively in class 8, in the cases referred to in sections 84.1 to 84.3, is obtained by applying the rules in those sections, with the reference to “$17” replaced by “$22.40”.

O.C. 877-2010, s. 20; O.C. 1181-2011, s. 16.

DIVISION VII FURNISHING OF CERTAIN DOCUMENTS

85. The Société furnishes the documents that a person must fill out or have filled out for the purposes of paragraph 2 of section 24, paragraph 3 of section 25, subparagraph b of paragraph 2 of section 42, subparagraph b of paragraph 2 and subparagraph c of paragraph 3 of section 43.

O.C. 1421-91, s. 85; O.C. 724-97, s. 24; O.C. 1311-2009, s. 15.

DIVISION VIII

(Revoked)

O.C. 1421-91, Div. VIII; O.C. 1311-2009, s. 16.

86. (Revoked).

O.C. 1421-91, s. 86; O.C. 1311-2009, s. 16.

87. (Revoked).

O.C. 1421-91, s. 87; O.C. 1311-2009, s. 16.

88. (Revoked).

O.C. 1421-91, s. 88; O.C. 1311-2009, s. 16.

89. (Revoked).

O.C. 1421-91, s. 89; O.C. 1311-2009, s. 16.

REFERENCES

O.C. 1421-91, 1991 G.O. 2, 4146

O.C. 1122-92, 1992 G.O. 2, 4162

O.C. 1511-93, 1993 G.O. 2, 5828

O.C. 531-95, 1995 G.O. 2, 1260

O.C. 719-96, 1996 G.O. 2, 2777

O.C. 1262-96, 1996 G.O. 2, 4238

O.C. 724-97, 1997 G.O. 2, 2488

O.C. 1422-97, 1997 G.O. 2, 5448

O.C. 1193-98, 1998 G.O. 2, 3951

O.C. 624-99, 1999 G.O. 2, 1623

S.Q., 2000, c. 31, s. 12

O.C. 1371-2000, 2000 G.O. 2, 5524

O.C. 948-2002, 2002 G.O. 2, 4507

O.C. 266-2007, 2007 G.O. 2, 1317A

O.C. 922-2008, 2008 G.O. 2, 4876

O.C. 1110-2008, 2008 G.O. 2, 5139

O.C. 1311-2009, 2009 G.O. 2, 4117

O.C. 1395-2009, 2010 G.O. 2, 63A

O.C. 877-2010, 2010 G.O. 2, 2846

O.C. 877-2010, 2010 G.O. 2, 4220

O.C. 1181-2011, 2011 G.O. 2, 3614