C-24.2, r. 8 - Regulation respecting access to driving a road vehicle in connection with the health of drivers

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-24.2, r. 8

Regulation respecting access to driving a road vehicle in connection with the health of drivers

Highway Safety Code

(chapter C-24.2, s. 619, pars. 2 and 8).

O.C. 32-89; O.C. 1423-97, s. 1.

DIVISION I INTERPRETATION

1. In this Regulation,

“articulated heavy vehicle” means any of the following combinations of vehicles:

(1)  a road vehicle with no loading space, permanently equipped with a fifth wheel drawing one or more trailers or semi-trailers;

(2)  a commercial vehicle or an equipment vehicle with 2 axles having a net mass of 4,500 kg or more drawing a trailer or a semi-trailer having a net mass of 2,000 kg or more;

(3)  a commercial vehicle or an equipment vehicle with 3 axles or more drawing a trailer or a semi-trailer having a net mass of 2,000 kg or more;

“non-articulated heavy vehicle” means a commercial vehicle or equipment vehicle with 2 axles having a net mass of 4,500 kg or more and a commercial vehicle or equipment vehicle with 3 axles or more;

“private vehicle” means any road vehicle other than an articulated or non-articulated heavy vehicle, a bus, an emergency vehicle, a minibus or a taxi.

O.C. 32-89, s. 1; O.C. 169-93, s. 1.

2. Where a person suffers from an illness or deficiency, or is in a situation covered by more than one provision of this Regulation, the most restrictive provision shall apply.

O.C. 32-89, s. 2.

DIVISION II ILLNESSES AND DEFICIENCIES OF THE EYE

3. Distance vision shall be evaluated using the Snellen chart with or without corrective lenses.

The field of vision shall be measured using a perimeter of the Goldman type and a III/3 stimulus.

O.C. 32-89, s. 3; O.C. 169-93, s. 2; O.C. 1312-2009, s. 1.

4. (Revoked).

O.C. 32-89, s. 4; O.C. 1312-2009, s. 2.

5. Visual acuity of less than 6/15 with both eyes open and examined together is essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 5; O.C. 1312-2009, s. 3.

6. Visual acuity of less than 6/9 with both eyes open and examined together is essentially inconsistent with driving an articulated or non-articulated heavy vehicle, a bus, an emergency vehicle, a minibus or a taxi.

O.C. 32-89, s. 6; O.C. 1312-2009, s. 3.

7. (Revoked).

O.C. 32-89, s. 7; O.C. 1312-2009, s. 4.

8. A horizontal field of vision of less than 150 continuous degrees along the horizontal meridian and less than 10 continuous degrees above fixation and less than 20 continuous degrees below fixation with both eyes open and examined together is essentially inconsistent with driving an articulated or non-articulated heavy vehicle, a bus, an emergency vehicle, a minibus or a taxi.

O.C. 32-89, s. 8; O.C. 1312-2009, s. 5.

9. (Revoked).

O.C. 32-89, s. 9; O.C. 1312-2009, s. 6.

10. A horizontal field of vision of less than 100 continuous degrees along the horizontal meridian and less than 10 continuous degrees above fixation and less than 20 continuous degrees below fixation or less than 30 continuous degrees on each side of the vertical meridian, with both eyes open and examined together, is essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 10; O.C. 169-93, s. 3; O.C. 1312-2009, s. 7.

11. (Revoked).

O.C. 32-89, s. 11; O.C. 1312-2009, s. 8.

12. (Revoked).

O.C. 32-89, s. 12; O.C. 1312-2009, s. 8.

13. In the case of a person using glasses with a dioptric power greater than 10, the field of vision must be measured with the glasses that the person wears when driving, except where the vehicle being driven is a private vehicle having a net mass of less than 2,500 kg.

O.C. 32-89, s. 13; O.C. 169-93, s. 4.

14. A severe colour vision deficiency that prevents a driver from distinguishing traffic lights is essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 14; O.C. 1312-2009, s. 9.

15. Incorrected diplopia in primary position is essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 15.

16. Diplopia in primary position corrected by occlusion of an eye is essentially inconsistent with driving a road vehicle where the vision in that eye is needed to satisfy the requirements of vision, field of vision and binocularity required for driving that vehicle.

O.C. 32-89, s. 16.

17. An illness of the eye, a visual deficiency or a situation affecting vision other than those mentioned in sections 3 to 16 causing a reduction in visual function is relatively inconsistent with driving a road vehicle.

O.C. 32-89, s. 17; O.C. 169-93, s. 5.

DIVISION III ILLNESSES AND DEFICIENCIES OF THE EARS

18. A corrected or uncorrected average loss of hearing greater than 40 db in the better ear at frequencies of 500, 1,000 and 2,000 Hz is essentially inconsistent with driving a bus, an emergency vehicle, a minibus or a taxi.

O.C. 32-89, s. 18.

19. Severe peripheral vertigo is essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 19.

20. Slight peripheral vertigo is relatively inconsistent with driving a road vehicle.

O.C. 32-89, s. 20.

DIVISION IV ILLNESSES AND DEFICIENCIES OF THE CARDIOVASCULAR SYSTEM

O.C. 32-89, Div. IV; O.C. 169-93, s. 6.

21. For the purposes of this Division, the following functional cardiac classification is established:

(1)  Class I: no limitation of activity and no symptoms from daily activities;

(2)  Class II: slight limitation of activity but comfortable at rest or during mild physical activity;

(3)  Class III: marked limitation of activity and comfortable only at rest;

(4)  Class IV: the person should be at complete rest, confined to bed or chair and any physical activity brings on discomfort and symptoms may occur even at rest.

O.C. 32-89, s. 21; O.C. 169-93, s. 6; O.C. 1312-2009, s. 10.

22. A cardiac disturbance that places a person in Class IV is essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 22; O.C. 169-93, s. 6.

23. A cardiac disturbance that places a person in Class III is essentially inconsistent with driving a road vehicle other than a private vehicle having a net mass not exceeding 2,500 kg.

O.C. 32-89, s. 23; O.C. 169-93, s. 6.

24. A cardiopathy that places a person in Class III or IV or in LV Class III is essentially inconsistent with driving an articulated or non-articulated heavy vehicle, a bus, an emergency vehicle or a minibus.

For the purposes of this section, the following functional classification of the left ventricle is established:

(1)  LV Class I: ejection fraction >50%;

(2)  LV Class II: ejection fraction from 35% to 49%;

(3)  LV Class III: ejection fraction <35%.

O.C. 32-89, s. 24; O.C. 169-93, s. 6; O.C. 1312-2009, s. 11.

24.1. (Revoked).

O.C. 169-93, s. 6; O.C. 1312-2009, s. 12.

25. (Revoked).

O.C. 32-89, s. 25; O.C. 169-93, s. 6; O.C. 1312-2009, s. 12.

26. A cardiac disturbance treated by means of a pace-maker is relatively inconsistent with driving a road vehicle.

O.C. 32-89, s. 26; O.C. 169-93, s. 6.

27. A cardiac disturbance treated by valve replacement is relatively inconsistent with driving a road vehicle.

O.C. 32-89, s. 27; O.C. 169-93, s. 6.

28. Hypertension where diastolic pressure exceeds 130 mm of mercury is essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 28; O.C. 169-93, s. 6.

29. Hypertension that is not under control or where diastolic pressure is equal to or less than 130 mm of mercury and is not reduced to less than 110 mm of mercury by appropriate medical treatment is essentially inconsistent with driving an articulated heavy vehicle, a bus, a non-articulated heavy vehicle, an emergency vehicle, a minibus, a taxi or a private vehicle having a net mass exceeding 2,500 kg.

O.C. 32-89, s. 29; O.C. 169-93, s. 6.

30. Hypertension that is not under control or where diastolic pressure is equal to or less than 130 mm of mercury and is not reduced to less than 110 mm of mercury by appropriate medical treatment is relatively inconsistent with driving a private vehicle having a net mass not exceeding 2,500 kg.

O.C. 32-89, s. 30; O.C. 169-93, s. 6.

31. A surgically indicated aortic aneurysm is essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 31; O.C. 169-93, s. 6.

32. A condition or illness, cardiac or vascular, medically recognized as causing angina, rhythm disorder, syncopes, embolisms or ischemia is relatively inconsistent with driving a road vehicle.

O.C. 32-89, s. 32; O.C. 169-93, s. 6.

DIVISION V ILLNESSES AND DEFICIENCIES OF THE MUSCULOSKELETAL SYSTEM

33. Anatomical or functional loss of a limb or a limb joint or limb immobilization is essentially inconsistent with driving a road vehicle unless the person shows, to the satisfaction of the Société de l’assurance automobile du Québec, that the person can safely drive a road vehicle corresponding to the class of licence concerned or to the class the person wishes to obtain.

O.C. 32-89, s. 33; O.C. 1312-2009, s. 13.

34. (Revoked).

O.C. 32-89, s. 34; O.C. 1312-2009, s. 14.

35. (Revoked).

O.C. 32-89, s. 35; O.C. 1312-2009, s. 14.

36. (Revoked).

O.C. 32-89, s. 36; S.Q. 1990, c. 83, s. 258; O.C. 1312-2009, s. 14.

37. (Revoked).

O.C. 32-89, s. 37; O.C. 1312-2009, s. 14.

38. (Revoked).

O.C. 32-89, s. 38; O.C. 1312-2009, s. 14.

39. (Revoked).

O.C. 32-89, s. 39; O.C. 1312-2009, s. 14.

40. A disease or deficiency of the musculoskeletal system other than those mentioned in section 33 is relatively inconsistent with driving a road vehicle.

O.C. 32-89, s. 40; O.C. 1312-2009, s. 15.

DIVISION VI MENTAL ILLNESSES AND DEFICIENCIES

41. Psychiatric disorders resulting in serious abnormal behaviour, pronounced aggressiveness, marked impairment of judgment, pronounced difficulty in perception or a pronounced slowing down or acceleration of psychomotor activity are essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 41.

42. Slight or moderate psychiatric disorders are relatively inconsistent with driving a road vehicle.

O.C. 32-89, s. 42.

43. Recurrent psychosis or a major recurrent psychiatric disorder in a person is essentially inconsistent with driving a bus, a minibus, a taxi, an emergency vehicle, an articulated heavy vehicle or a non-articulated heavy vehicle, where the person is in either of the following situations:

(1)  he has not been asymptomatic for a period of at least 12 months since the end of the last occurrence; or

(2)  he is not under medical supervision.

For the purposes of the first paragraph, a psychosis and a major psychiatric disorder are considered to be recurrent where they occur at least twice within a year or at least 3 times within 3 years.

O.C. 32-89, s. 43; O.C. 169-93, s. 7.

44. Consumption of any drug, medication or substance medically known to cause psychomotor disorders, in doses constituting a safety risk, is essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 44.

DIVISION VII ALCOHOLISM AND DRUG DEPENDENCY

45. Chronic alcoholism or pharmaco-physiological dependence on ethyl alcohol is essentially inconsistent with driving a road vehicle unless the person meets the following conditions:

(1)  he submits to the Société an examination or health assessment report covered by section 73 of the Highway Safety Code (chapter C-24.2) which includes a plan setting forth objectives to be reached that are consistent with driving a road vehicle;

(2)  he has reached the objectives set out in the plan.

O.C. 32-89, s. 45; O.C. 1423-97, s. 2.

46. Drug dependency is essentially inconsistent with driving a road vehicle unless the person meets the following conditions:

(1)  he has submitted to the Société an examination or health assessment report covered by section 73 of the Code, which includes a plan setting forth objectives to be reached that are consistent with driving a road vehicle;

(2)  he has reached the objectives set out in the plan.

O.C. 32-89, s. 46; O.C. 1423-97, s. 2.

DIVISION VIII ILLNESSES AND DEFICIENCIES OF THE NERVOUS SYSTEM

47. Neurological disorders resulting in serious disturbance of cognitive functions, alertness, consciousness, motor or sensory functions, equilibrium or coordination are essentially inconsistent with driving a road vehicle.

O.C. 32-89, s. 47.

48. Neurological disorders resulting in slight disturbance of cognitive functions, alertness, consciousness, motor or sensory functions, equilibrium or coordination are relatively inconsistent with driving a road vehicle.

O.C. 32-89, s. 48.

49. Where a period of less than 5 years has elapsed since the last seizure, epilepsy is essentially inconsistent with driving an articulated or non-articulated heavy vehicle, a bus, an emergency vehicle, a minibus or a taxi, unless the person

(1)  has had only partial simple seizures, somatosensory seizures or motor seizures involving one anatomical area having no impact on driving; the seizures are always of the same type and do not perturb the person’s state of consciousness, and a period of not less than 3 years has elapsed since the first seizure;

(2)  has had one or more seizures resulting from an interruption or change in the treatment for epilepsy prescribed by a physician while epilepsy was closely supervised, and the person had no seizure during the 5 preceding years if a period of not less than 6 months has elapsed since the last seizure resulting from the interruption or change in the treatment and treatment has resumed; or

(3)  has had one or more seizures in a brief period of time due to an intercurrent disease whose cause has been clearly established, which are unlikely to recur in a person who is usually closely supervised and closely follows the treatment, provided that the person had no seizure during the 5 preceding years and a period of not less than 6 months has elapsed since the last seizure.

O.C. 32-89, s. 49; O.C. 1312-2009, s. 16.

50. Where a period of less than 12 months has elapsed since the last seizure, epilepsy is essentially inconsistent with driving a private vehicle, unless the person

(1)  has seizures occurring only during sleep or within a short time after waking up and where a period of not less than 12 months has elapsed since the first seizure,

(2)  has had only focal seizures, but no partial complex and partial simple seizures with adverse symptoms, limited to one anatomical area, without perturbing the person’s state of consciousness and where a period of not less than 12 months has elapsed since the first seizure,

(3)  has had one or more seizures resulting from an interruption or change in the treatment for epilepsy prescribed by a physician, where a period of not less than 3 months has elapsed since the last seizure and treatment has resumed, or

(4)  has had one or more seizures in a brief period of time, due to exceptional circumstances or an intercurrent disease whose cause has been clearly established, which are unlikely to recur in a person who is usually closely supervised and closely follows his treatment, and where a period of not less than 3 months has elapsed since the last seizure.

O.C. 32-89, s. 50; O.C. 169-93, s. 8; O.C. 1312-2009, s. 17.

51. Convulsive seizures or loss of consciousness provoked by toxic substances, alcohol or medication are essentially inconsistent with driving a road vehicle, except where a period of not less than 6 months has elapsed since the last seizure, during which period the person remained sober and abstained from the toxic substance, drug or medication that caused the seizures or the loss of consciousness.

O.C. 32-89, s. 51.

52. Where a person has had only one convulsive seizure or only once suffered a loss of consciousness the cause of which remains unknown after investigation by a neurologist, including an electroencephalogram showing no epileptogenic activity, that person is not covered by this Division.

O.C. 32-89, s. 52.

53. Recurring non-epileptic syncope or loss of consciousness is relatively inconsistent with driving a road vehicle.

A person having such syncope or loss of consciousness may be issued a licence if he demonstrates that the cause is known and has been successfully treated.

O.C. 32-89, s. 53.

DIVISION IX ILLNESSES AND DEFICIENCIES AFFECTING METABOLISM, THE KIDNEYS AND THE RESPIRATORY SYSTEM, AND OBESITY

54. Sugar diabetes is relatively inconsistent with driving a road vehicle.

O.C. 32-89, s. 54.

55. Insulin-treated diabetes mellitus is essentially inconsistent with driving an articulated or non-articulated heavy vehicle, a bus, an emergency vehicle or a minibus, unless the person meets the following conditions:

(1)  the person has had no hypoglycemic episode requiring the intervention of a third person for 6 months;

(2)  the person shows a good understanding of the disease;

(3)  the person’s glycosylated hemoglobin is less than twice the normal limit;

(4)  self-monitoring of glycemia is going well; and

(5)  the person’s condition is subject to an annual medical follow-up.

O.C. 32-89, s. 55; O.C. 1312-2009, s. 18.

56. (Revoked).

O.C. 32-89, s. 56; O.C. 1312-2009, s. 19.

57. The following illnesses and deficiencies are essentially inconsistent with driving a road vehicle:

(1)  any metabolic or endocrine disease that causes pronounced physical or mental deficiency;

(2)  any kidney disease that causes pronounced physical or mental deficiency; and

(3)  pronounced respiratory insufficiency.

O.C. 32-89, s. 57.

58. The following illnesses and deficiencies are relatively inconsistent with driving a road vehicle:

(1)  any metabolic or endocrine disease that causes slight physical or mental deficiency;

(2)  any kidney disease that causes slight physical or mental deficiency;

(3)  slight respiratory insufficiency; and

(4)  obesity resulting in severe functional limitation.

O.C. 32-89, s. 58.

DIVISION IX.1 IMPAIRMENT OF GENERAL CONDITION AND MULTIPLE IMPAIRMENT

O.C. 169-93, s. 9.

58.1. Symptoms and signs of senility, loss of autonomy, general fatigue, cachexia and decline in general condition are relatively inconsistent with driving a road vehicle.

O.C. 169-93, s. 9.

58.2. The presence of several impairments, illnesses or deficiencies that constitute as a whole a hazard for highway safety is relatively inconsistent with driving a road vehicle.

O.C. 169-93, s. 9.

DIVISION X LICENCES TO WHICH CONDITIONS ARE ATTACHED

59. A licence may have conditions attached to it where

(1)  its holder suffers from an illness or deficiency or is in a situation covered by this Regulation,

(2)  (paragraph implicitly revoked by 2002, chapter 29, s. 66);

(3)  reports and information in the possession of the Société concerning the licence holder indicate that highway safety depends on that licence having a condition attached to it.

O.C. 32-89, s. 59; O.C. 1423-97, s. 3.

60. A licence may have a condition attached to it on the basis of any of the following criteria:

(1)  the purpose of the condition is to facilitate the licence holder’s ability to drive a road vehicle by requiring the installation of special equipment or controls adapted to the holder’s functional capability and which take into account the effects of that capability on his driving;

(2)  the purpose of the condition is to restrict the licence holder’s driving of a road vehicle to a certain period, duration or territory, taking into account the effects of the holder’s functional capability on his driving;

(3)  the purpose of the condition is to restrict the classes, subclasses or types of road vehicle that the licence holder may drive, taking into account the effects of the holder’s functional capability on his driving;

(4)  the purpose of the condition is to improve the licence holder’s functional capability by observing the prohibitions and restrictions applicable to the driving of a road vehicle set forth in this Regulation;

(5)  the purpose of the condition is to provide for another person giving immediate assistance in the driving of a road vehicle to the licence holder, taking into account his functional capability;

(6)  the purpose of the condition is to prescribe periodic examinations and health assessments of the licence holder;

(7)  the purpose of the condition is to allow the person to drive a road vehicle if the vehicle is equipped with a device, approved by the Société, that is designed to ascertain the presence of alcohol in the driver’s body and to prevent the vehicle from being started.

O.C. 32-89, s. 60; O.C. 169-93, s. 10; O.C. 1423-97, s. 4.

DIVISION XI FINAL

61. This Regulation replaces the Regulation respecting medical and optometrical standards for driving a road vehicle and respecting conditions attached to a licence (O.C. 864-87, 87-06-03).

O.C. 32-89, s. 61.

62. (Omitted).

O.C. 32-89, s. 62.

Schedule I

(Revoked)

O.C. 32-89, Sch. I; O.C. 169-93, s. 11.

Schedule II

(Revoked)

O.C. 32-89, Sch. II; O.C. 169-93, s. 11.

REFERENCES

O.C. 32-89, 1989 G.O. 2, 142

S.Q. 1990, c. 19, s. 11

S.Q. 1990, c. 83, s. 258

O.C. 169-93, 1993 G.O. 2, 838

O.C. 1423-97, 1997 G.O. 2, 5450

O.C. 1312-2009, 2009 G.O. 2, 4120