c-24.2, r. 37.1.1 - Pilot project concerning the recording of hours of driving and rest by the driver of a heavy vehicle that carries goods or persons in the ordinary course of business of a film or television production enterprise

À jour au 19 février 2024

Ce document a valeur officielle.

not in force

chapter C-24.2, r. 37.1.1

Pilot project concerning the recording of hours of driving and rest by the driver of a heavy vehicle that carries goods or persons in the ordinary course of business of a film or television production enterprise

Highway Safety Code

(chapter C-24.2, s. 633.1).

CHAPTER I GENERAL

M.O. 2024-08, c. I.

1. The implementation of the Pilot project concerning the recording of hours of driving and rest by the driver of a heavy vehicle that carries goods or persons in the ordinary course of business of a film or television production enterprise is hereby authorized for the following purposes:

(1)  test the conditions according to which hours of driving and rest can be recorded otherwise than with an electronic logging device, where a heavy vehicle carries goods or persons in the ordinary course of business of a film or television production enterprise;

(2)  gather information on the operating context of film or television production enterprises to ascertain and understand their operational reality;

(3)  collect information in respect of that testing to evaluate the impact on highway safety and the opportunity to establish special standards for the recording of hours of driving and rest in the context of this type of transportation.

M.O. 2024-08, s. 1.

2. The administration and evaluation of the pilot project are entrusted to the Société de l’assurance automobile du Québec.

M.O. 2024-08, s. 2.

3. For the purposes of the pilot project, “operator” means a natural or legal person, or the representative thereof, who operates a film or television production enterprise.

M.O. 2024-08, s. 3.

CHAPTER II PREREQUISITES

M.O. 2024-08, c. II.

4. Prior to participating in the pilot project, the operator of a heavy vehicle must notify the Société in writing of its participation and identify the heavy vehicles that will be operated as part of the pilot project by indicating in particular the registration plate number of those vehicles to the Société.

The Société will transmit to the operator, as an acknowledgement of receipt, a document containing the information provided in accordance with the first paragraph, hereinafter called the “document relating to the pilot project”.

M.O. 2024-08, s. 4.

CHAPTER III CONDITIONS APPLICABLE FOR THE PURPOSES OF THE PILOT PROJECT

M.O. 2024-08, c. III.

DIVISION I CONDITIONS APPLICABLE TO THE OPERATOR

M.O. 2024-08, Div. I.

5. For the purposes of the pilot project, subparagraph 1 of the first paragraph of section 519.21.3 of the Highway Safety Code (chapter C-24.2) and sections 28.1 and 30.1 of the Regulation respecting the hours of driving and rest of heavy vehicle drivers (chapter C-24.2, r. 28) do not apply to the operator of a heavy vehicle where that vehicle carries goods or persons in the ordinary course of business of a film or television production enterprise.

That operator must however

(1)  keep the Société informed of any changes to the information transmitted pursuant to section 4 regarding the heavy vehicles operated as part of the pilot project;

(2)  maintain a safety rating of “satisfactory” in the Register of owners and operators of heavy vehicles established at the Commission des transports du Québec under the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3);

(3)  place in each heavy vehicle under its responsibility a copy of the document relating to the pilot project, ensure that the driver keeps the copy in the vehicle and not allow a heavy vehicle to be driven if the copy is not kept in the vehicle;

(4)  keep at its establishment, within the meaning of the Regulation respecting the hours of driving and rest of heavy vehicle drivers, a copy of the document relating to the pilot project and, in respect of that copy, comply with the second paragraph of section 519.25 of the Highway Safety Code;

(5)  monitor the compliance of each driver with the requirements of the pilot project and, if the operator considers that the requirements are not complied with, take measures without delay to correct the situation and document the intervention;

(6)  conduct a periodic analysis of accident reports involving the heavy vehicles being operated and, in the case of an accident involving a vehicle driven as part of the pilot project, evaluate whether the accident arose from non-compliance with the restrictions relating to the hours of driving and rest provided for in the Highway Safety Code or the Regulation respecting the hours of driving and rest of heavy vehicle drivers, or from non-compliance with the requirements provided for in the pilot project and, in such a case, take measures without delay to correct the situation and document the intervention;

(7)  transmit to the Société, each year and at the end of the operator’s participation in the pilot project, a report containing

(a)  a summary of the analysis and, if applicable, the evaluation provided for in subparagraph 6; and

(b)  an overview of the manner in which the operator’s activities were conducted in the context of the pilot project, in particular the means taken to ensure compliance with the requirements of the pilot project;

(8)  respond to surveys or requests for information by the Société concerning the progression of the pilot project;

(9)  notify the Société if the operator wants to terminate participation in the pilot project.

M.O. 2024-08, s. 5.

DIVISION II CONDITIONS APPLICABLE TO THE DRIVER

M.O. 2024-08, Div. II.

6. For the purposes of the pilot project, the second paragraph of section 519.10 of the Highway Safety Code (chapter C-24.2) and section 30.1 of the Regulation respecting the hours of driving and rest of heavy vehicle drivers (chapter C-24.2, r. 28) do not apply to the driver of a heavy vehicle of an operator by which the driver is employed where that vehicle carries goods or persons in the ordinary course of business of a film or television production enterprise.

That driver must however

(1)  keep in that heavy vehicle a copy of the document relating to the pilot project and remit the copy to a peace officer for examination when so requested, which copy must be remitted to the driver after examination;

(2)  record hours of driving and rest in accordance with the second and third paragraphs of section 31 and section 32 of the Regulation respecting the hours of driving and rest of heavy vehicle drivers.

M.O. 2024-08, s. 6.

CHAPTER IV PENALTIES

M.O. 2024-08, c. IV.

7. Every operator who contravenes any of subparagraphs 1 and 3 to 5 of the second paragraph of section 5 is liable to a fine of $200 to $300.

M.O. 2024-08, s. 7.

8. Every driver who contravenes subparagraph 1 of the second paragraph of section 6 is liable to a fine of $200 to $300.

M.O. 2024-08, s. 8.

9. The operator can no longer participate in the pilot project if

(1)  the operator fails to comply with one of the requirements provided for in subparagraphs 2, 7 and 8 of the second paragraph of section 5; or

(2)  the health and safety of the public, of the driver of a heavy vehicle under the responsibility of the operator or of the operator’s employees are jeopardized.

The Société will transmit a notice to that effect to the operator, who must so inform without delay every driver who is likely to drive a heavy vehicle that is under the responsibility of the operator and carries goods or persons in the ordinary course of business of a film or television production enterprise.

M.O. 2024-08, s. 9.

CHAPTER V FINAL

M.O. 2024-08, c. V.

10. (Omitted in part).

This Ministerial Order is revoked as of 2 May 2027.

M.O. 2024-08, s. 10.

REFERENCES

M.O. 2024-08, 2024 G.O. 2, 1142