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Décisions des tribunaux
t-12, r. 17
- Regulation respecting road vehicles used for the transportation of school children
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À jour au 31 octobre 2021
Ce document a valeur officielle.
chapter
T-12, r. 17
Regulation respecting road vehicles used for the transportation of school children
TRANSPORT — SCHOOL CHILDREN
Transport Act
(chapter T-12, s. 5)
.
T-12
Environment Quality Act
(chapter Q-2, s. 53, pars.
a
and
b
and s. 95.1, 1st par., subpar. 29)
.
Q-2
09
September
01
1
2012
CHAPTER
I
GENERAL
1
.
Transportation of school children carried out on a public road within the meaning of the Highway Safety Code (
chapter C-24.2
) and organized by a school service centre, a school board or a private educational institution referred to in the Act respecting private education (
chapter E-9.1
), except transportation of students enrolled in vocational training or adult education, shall be carried out by means of a school bus, a school minibus or a vehicle used for the transportation of school children compliant with this Regulation.
Transportation of school children organized by a school service centre, a school board or a private educational institution, as part of an education, sport or cultural activity, may be carried out by means of a multifunction school activity bus or a 12 to 15 passenger bus compliant with this Regulation.
Despite the first paragraph, the transportation of secondary school children that is incorporated into the service of the Réseau de transport métropolitain or a public transit authority constituted under the Act respecting public transit authorities (
chapter S-30.01
), provided that the route is available to the entire clientele and its schedule is publicly disseminated in the same manner as that of other routes, may be carried out by means of a bus manufactured for urban transport.
O.C. 285-97, s. 1
;
1058-2021
O.C. 1058-2021
,
s.
1
1
.
2
.
A vehicle is a school bus or a school minibus where
(
1
)
it bears the national safety mark or the label bearing a statement of compliance referred to in sections 3 and 6, respectively, of the Motor Vehicle Safety Regulations (C.R.C., c. 1038), as those sections read at the time they must be applied;
(
2
)
in the case of a vehicle whose chassis was built before 1 July 1997, it bears the inscriptions prescribed in section 30, is equipped with the flashing red lights and the compulsory stop signal prescribed in sections 34 and 35, is painted with the colour and in the manner prescribed in section 11 and meets the standards set forth in sections 8, 10, 15, 19, 29 and 31 and in the second paragraph of section 33; or
(
3
)
its chassis is built before 29 August 2005 and is equipped with the alternately flashing yellow lights referred to in section 34.
A bus or minibus referred to in subparagraph 1 of the first paragraph shall comply with the provisions of Chapter II.
O.C. 285-97, s. 2
;
O.C. 643-2005, s. 1
.
3
.
(Revoked).
O.C. 285-97, s. 3
;
816-2021
O.C. 816-2021
,
s.
114
1
;
1058-2021
O.C. 1058-2021
,
s.
2
1
.
4
.
An automobile is a vehicle used for the transportation of school children where the manufacturer has fitted it with at least 4 and not more than 9 seat belts, a hard roof and at least 3 side doors with windows, and where it is used under a contract concluded with a school service centre, a school board or a private educational institution for the exclusive purpose of transporting school children.
A handicapped accessible vehicle is also a vehicle used for the transportation of school children if it is equipped with a wheelchair access ramp or a wheelchair lift, fitted to carry at least one person in a wheelchair, is equipped with a restraining device fixed to the floor with 4 anchorages and used to keep each wheelchair in the same position as the permanent seats installed by the manufacturer if seat belts consisting of a shoulder belt and a lap belt are installed for each wheelchair and if the vehicle is used under a contract concluded with a school service centre, a school board or a private educational institution for the exclusive purpose of transporting school children.
O.C. 285-97, s. 4
;
O.C. 643-2005, s. 2
;
816-2021
O.C. 816-2021
,
s.
115
1
.
4.1
.
A multifunction school activity bus as defined in the Motor Vehicle Safety Regulations (C.R.C., c. 1038) that bears the national safety mark within the meaning of the Motor Vehicle Safety Act (S.C. 1993, c. 16) or the compliance label provided for in the Regulations for that type of vehicle is a multifunction school activity bus.
1058-2021
O.C. 1058-2021
,
s.
3
1
.
4.2
.
A bus that meets the following conditions is a 12 to 15 passenger bus:
(
1
)
it meets the requirements of the Motor Vehicle Safety Act (S.C. 1993, c. 16);
(
2
)
it bears the national safety mark within the meaning of the Motor Vehicle Safety Act or the compliance label provided for in the Act for Transport Canada’s “bus” class;
(
3
)
the model year is 2017 or a later year;
(
4
)
the model year is not more than 10 years;
(
5
)
the gross weight rating is not more than 4,536 kg;
(
6
)
it is equipped with an electronic tire pressure monitoring system that is in good operating condition.
1058-2021
O.C. 1058-2021
,
s.
3
1
.
Paragraph 3 of this section ceases to have effect on 31 December 2026.
5
.
A school bus or school minibus may be adapted to make it accessible to handicapped school children.
The following provisions of the Regulation respecting road vehicles adapted for the transportation of handicapped persons (chapter C-24.2, r. 51), take precedence over the provisions of this Regulation:
(
1
)
sections 15, 19 to 21 and 26, in respect of doors;
(
2
)
sections 22 and 46, in respect of emergency exits;
(
3
)
sections 39 to 42, in respect of seat belts and wheelchair positions;
(
4
)
sections 47 to 50, in respect of power lift platforms; and
(
5
)
sections 51 to 55, in respect of loading ramps.
O.C. 285-97, s. 5
.
6
.
For the purposes of this Regulation, “school bus” means a school bus or a school minibus referred to in section 2, irrespective of its mass, and “bus of more than 4,536 kg” means a school bus referred to in section 2 whose total loaded mass, an indicated by the manufacturer, is greater than 4,536 kg.
O.C. 285-97, s. 6
.
6.1
.
A school bus shall be fully electric if it is used for the following:
(
1
)
all transport of students organized for taking them to or from classes on a daily basis or for allowing them to go home at noon for lunch and provided for by a school service centre that exercises the duties and powers related to student transportation provided for in sections 291 to 299 of the Education Act (
chapter I-13.3
), for a school board that exercises the duties and powers related to school bussing provided for in sections 431 to 431.8 of the Education Act for Cree, Inuit and Naskapi Native Persons (
chapter I-14
), or for a private educational institution authorized to organize the busing of students under the second paragraph of section 62 of the Act respecting private education (
chapter E-9.1
);
(
2
)
all other transport of school children for educational, sports or cultural activities provided for a school service centre, a school board or for a private educational institution referred to in subparagraph 1;
(
3
)
any transport provided by a school service centre, by a school board or by a private educational institution for its school children.
The first paragraph does not apply to a school bus whose model year is prior to 2024 and which was registered in Québec on 31 October 2021. It also does not apply to a school bus used for the transportation of school children in a location served by a Hydro-Québec independent electric power distribution system and listed in Schedule II.
1060-2021
O.C. 1060-2021
,
s.
1
1
.
CHAPTER
II
STANDARDS FOR THE MANUFACTURE AND DESIGN OF SCHOOL BUSES AND SCHOOL MINIBUSES
DIVISION
I
CHASSIS AND BODY
7
.
A school bus shall be manufactured in such a manner that
(
1
)
it is not more than 12.20 m long, measured from bumper to bumper;
(
2
)
the length of its rear cantilever is less than one-third of its total length;
(
3
)
its turning radius is not more than 13 m where its wheelbase is 6,700 mm or less, and not more than 13.5 m where its wheelbase is greater than 6,700 mm;
(
4
)
where it is fitted with side rails, they are manufactured in one piece between the front hanger of the front spring and the rear hanger of the rear spring;
(
5
)
the load exerted on each axle corresponds to at least 30% of both the total loaded mass and the net mass;
(
6
)
if its suspension is equipped with leaf springs, it has a device preventing misalignment of the front axle in the case of breakage; and
(
7
)
its exhaust pipe and muffler are attached to the chassis without passing through the passenger compartment.
O.C. 285-97, s. 7
.
8
.
The body of a school bus shall be manufactured in such a manner as to prevent the entry of dust and water, and the cowl shall be sealed in such a manner as to prevent the entry of gas fumes.
O.C. 285-97, s. 8
.
9
.
The combustion rate or flame spread rate of the material used in the manufacture of the body shall be less than 101.6 mm per minute, measured in accordance with the test method referred to in section 302 of the Motor Vehicle Safety Regulations (C.R.C., c. 1038) as it reads at the time it must be applied.
O.C. 285-97, s. 9
.
10
.
The side walls of the body of a school bus shall be provided with 2 outside rub rails attached horizontally, one at the level of the seat cushions and the other at the floorline. The rub rail at the level of the seat cushions shall make a complete circuit around the passenger compartment without interfering with the wheel housing, and the other rub rail shall not block the rear door.
The rub rails shall be
(
1
)
of 16-gauge sectional or triangular steel, or of any other metal having the same structural features as such steel;
(
2
)
at least 100 mm wide; and
(
3
)
attached to each post of the passenger compartment.
To avoid permanent distortion resulting from a collision with a snow bank, a bus of more than 4,536 kg shall also be provided, on the lower part of its skirt, with a strengthening rail complying with subparagraph 1 of the second paragraph.
O.C. 285-97, s. 10
.
11
.
The body of a school bus shall be painted with chrome yellow paint and the hood shall be painted with lustreless black paint.
The chassis, rub rails and inscriptions shall be black, as shall the contour of the flashing lights and of the alternately flashing yellow lights. The bumpers shall be black or dark grey, except those of a fully electric school bus that shall be blue.
Strips of yellow reflective tape at least 2.5 cm wide may be affixed to the back of the school bus to delimit the contour. Reflective strips may also be affixed to the bus at the locations designated in section 6.5 of CSA Standard D250-16, School Buses, published by the Canadian Standards Association.
Only a fully electric school bus may have blue wheel rims.
O.C. 285-97, s. 11
;
O.C. 32-2001, s. 1
;
O.C. 643-2005, s. 3
;
1058-2021
O.C. 1058-2021
,
s.
4
1
;
1060-2021
O.C. 1060-2021
,
s.
2
1
1
.
12
.
Electrical wiring shall be covered with an additional protective sheath where it passes through the wall of a school bus. All joints shall be made with appropriate connectors or shall be welded.
O.C. 285-97, s. 12
.
13
.
Every electrical circuit shall be identified in such a manner as not to be confused with the others and, except for the starting circuit, shall be protected by a circuit breaker.
O.C. 285-97, s. 13
.
14
.
The bumpers of a school bus, except for the bumper guards, shall be capable of withstanding pushing by another bus of the same mass on level ground without suffering permanent distortion and shall be capable, in those same conditions, of preventing permanent distortion to the chassis or body. The rear bumper shall be attached directly to the chassis frame in such a manner as to make it impossible to ride on it or cling to it.
O.C. 285-97, s. 14
.
15
.
The exhaust pipe of a school bus shall
(
1
)
expel the exhaust from the rear of the bus or from the left side between the rear wheel and the corner of the rear bumper, except for a minibus where the pipe is located so that the exhaust is expelled from the right side, provided it is expelled behind the rear wheel;
(
2
)
where located at the rear of the bus, extend beyond the body but shall not extend beyond the bumper by more than 2 cm; and
(
3
)
be attached in such a manner that the exhaust is not directed underneath a door or a window that can be opened.
O.C. 285-97, s. 15
;
O.C. 32-2001, s. 2
.
16
.
A bus of more than 4,536 kg shall be manufactured in such a manner that its brake system permits visual inspection of brake lining wear without removal of any chassis component.
O.C. 285-97, s. 16
.
DIVISION
II
PASSENGER COMPARTMENT
17
.
The passenger compartment of a school bus shall have a clearance of at least 1.6 m, except a school bus of more than 4,536 kg, whose passenger compartment shall have a clearance of at least 1.8 m.
O.C. 285-97, s. 17
.
18
.
A school bus shall have not more than 14 rows of seats. The seats shall be at least 380 mm deep.
The distance between the surface of a seat back and the seat back in front of it shall be not less than 600 mm and not more than 620 mm measured horizontally at the centre of the seat back.
O.C. 285-97, s. 18
.
19
.
The aisle shall be at least 300 mm wide, but shall be at least 380 mm wide at the top of the seat backs on each side.
O.C. 285-97, s. 19
.
20
.
Chip board and other composite boards shall not be used in the manufacture of school bus floors.
O.C. 285-97, s. 20
.
21
.
The floor covering shall be
(
1
)
permanently attached by means of waterproof adhesive material, with all joins sealed; and
(
2
)
made of rubber or a material having similar properties, at least 3 mm thick except in the aisle and on the steps, where it shall be at least 4.5 mm thick and shall be ribbed.
O.C. 285-97, s. 21
.
22
.
The steps of a school bus shall be of equal height and shall be located inside the passenger compartment. The first step shall be not more than 400 mm from the ground, measured when there are no passengers on the bus.
O.C. 285-97, s. 22
.
23
.
A school bus shall be provided with lighting making it possible to light up the aisle and the steps. The lighting for the steps automatically light up when the door opens and the bus’s parking lights are on.
O.C. 285-97, s. 23
.
23.1
.
School buses weighing more than 4,536 kg shall be equipped, on each side, with at least one emergency window exit that opens outwards when sufficient pressure is applied. Where a bus is equipped with only one window on each side, those windows shall be located so as to provide egress from the centre of the side walls of the passenger compartment.
O.C. 32-2001, s. 3
.
24
.
The stickers bearing instructions for opening windows used as emergency exits shall be attached in such a manner that they cannot be removed without a tool.
O.C. 285-97, s. 24
.
25
.
The service door of a school bus shall
(
1
)
be located on the right hand side, opposite the driver;
(
2
)
be designed in such a manner that its frame provides clearance at least 584 mm wide and at least 1,240 mm high. In the case of a bus of more than 4,536 kg, the frame shall provide clearance at least 610 mm wide and at least 1,720 mm high;
(
3
)
be provided with flexible padding, to reduce the risk of injury to fingers;
(
4
)
be provided with a device preventing any accidental opening of the door, with the device installed in such a manner as to prevent all risk of injury to persons getting on or off the school bus; and
(
5
)
be openable manually from inside the passenger compartment in the case of break-down of its opening device.
The upper part of the door frame on the inside of the passenger compartment shall be padded in such a manner as to reduce the risk of accident when passengers are getting off the bus.
O.C. 285-97, s. 25
.
26
.
The defrosting system of a school bus shall make it possible to keep the part of the windshield wiped by the wipers completely free of condensation, frost and ice.
A hot air vent or any other device making it possible to speed up the melting of snow and ice on the boarding step shall also be installed near the service door of a bus of more than 4,536 kg.
O.C. 285-97, s. 26
.
27
.
The entrance to a school bus shall be provided with a grab handle at least 250 mm long, attached not less than 50 cm but not more than 60 cm from the first step.
O.C. 285-97, s. 27
.
28
.
The greater part of the surface of the service door of a bus of more than 4,536 kg shall consist of hermetically sealed glass panels. The distance between the bottom of those panels and the ground shall not be more than 900 mm, measured when there are no passengers on the bus, and the distance between the top of the panels and the top of the door shall not be more than 152 mm.
O.C. 285-97, s. 28
.
29
.
The first 2 windows on either side of a bus of more than 4,536 kg shall be double glazed and hermetically sealed.
O.C. 285-97, s. 29
.
DIVISION
III
MANDATORY INSCRIPTIONS
30
.
The word “ÉCOLIERS” shall be painted or otherwise indicated on the outside walls of a school bus, above the windshield and the rear window. All the letters shall be black, at least 200 mm high and at least 32 mm wide. If the word “ÉCOLIERS” is indicated by a light-emitting diode (LED) sign, the background of the sign shall be black and the letters shall be in contrasting colour in order to be legible.
In addition, the rear outside wall shall bear an inscription in black letters at least 75 mm high indicating to the drivers of other vehicles that they must stop when the red lights of the school bus are flashing.
In the case of a fully electric school bus, an inscription or a pictogram allowing to identify the bus as such and an indication of where the high tension may be deactivated from outside the school bus shall be affixed on the outside wall.
O.C. 285-97, s. 30
;
O.C. 643-2005, s. 4
;
1058-2021
O.C. 1058-2021
,
s.
5
1
;
1060-2021
O.C. 1060-2021
,
s.
3
1
.
31
.
Subject to section 30, no inscription or announcement shall be affixed to the inside or outside surfaces of a school bus, other than
(
1
)
the inscription indicating the make and model of the vehicle, and the name and logo or abbreviation of the manufacturer and of the distributor of the vehicle;
(
2
)
the manufacturer’s instructions as to the operation and maintenance of the school bus and its equipment;
(
3
)
the indications prescribed or authorized by a law or regulation;
(
4
)
the rules concerning the behaviour and safety of passengers, if they are posted inside the passenger compartment;
(
5
)
the name and contact information of the carrier, his logo or abbreviation, the name and logo or abbreviation of his association, and the number of the school bus, where those inscriptions are on the outside of the side walls;
(
6
)
the route name, number or pictogram and the seat numbering; and
(
7
)
a pictogram or a mention indicating that it is manufactured in Québec, where applicable.
O.C. 285-97, s. 31
;
1058-2021
O.C. 1058-2021
,
s.
6
1
1
.
DIVISION
IV
SAFETY EQUIPMENT
32
.
Only safety equipment mentioned in this Division may be installed on the chassis, on the body or in the passenger compartment of a school bus.
For the purposes of this section, “safety equipment” means any equipment intended to reduce the risk of accident or to reduce injuries during the transportation of school children, except mechanical equipment produced and installed by the chassis manufacturer in order to improve vehicle stability or braking.
O.C. 285-97, s. 32
.
33
.
A school bus shall be provided, at the front, with at least 2 mirrors each having an exposed surface of at least 250 cm
2
and reflecting the testing areas in accordance with the test method described in Schedule I. The mirrors shall be fully visible to the driver through the lower part of the windshield wiped by the wipers.
A school bus shall also be provided with a mirror installed inside the passenger compartment and allowing the driver to see the passengers. In a bus of more than 4,536 kg, that mirror shall be at least 750 mm wide and at least 150 mm deep.
O.C. 285-97, s. 33
.
34
.
A school bus shall be provided with flashing red lights, 2 at the front and 2 at the rear. Those lights shall be visible by day at a distance of not less than 150 m and shall operate at a rate of 60 to 120 cycles per minute.
Those lights shall be designed and installed in accordance with testing standard J887, School Bus Warning Lamps, published by SAE International. Despite the foregoing, the standard does not apply to the aiming pads on the face of the lens or to the black encircling each light.
The beam of the flashing lights shall cover an angle of not less than
(
1
)
10 degrees above and 10 degrees below the central horizontal axis of the light; and
(
2
)
30 degrees on each side of the central longitudinal axis of the light, parallel to the longitudinal axis of the school bus.
A school bus must, in addition, be equipped with alternately flashing yellow lights to warn drivers that the bus is preparing to stop to take on or discharge school children. The lights shall be designed and installed in accordance with the provisions that apply to the flashing red lights prescribed by this section.
O.C. 285-97, s. 34
;
O.C. 643-2005, s. 5
;
1058-2021
O.C. 1058-2021
,
s.
7
1
.
34.1
.
A white strobe lamp manufactured and installed in accordance with CSA Standard D250-16, School Buses, published by the Canadian Standards Association, may be added to the roof of a school bus.
1058-2021
O.C. 1058-2021
,
s.
8
1
.
35
.
A school bus shall be provided with an extendable stop sign or with a stop sign attached to an extendable arm, located on the outside of the passenger compartment, on the front left side, level with the driver’s seat.
The stop sign shall be provided with alternately flashing red lights which operate simultaneously with the flashing red lights.
O.C. 285-97, s. 35
;
O.C. 643-2005, s. 6
.
36
.
Where a school bus is equipped in front with a safety device that may be operated by the driver to keep school children at a distance from the vehicle, the crossing control arm shall
(
1
)
be designed in such a manner that a force of 50 newtons applied to its centre is sufficient to push or pull the arm;
(
2
)
be fully extended and at right angles to the bus within not less than 2 seconds and not more than 4 seconds of being activated; and
(
3
)
not have any points or sharp edges.
The end of the crossing control arm shall be visible to the driver when his eyes are positioned 68.6 cm above the meeting point of the seat back and the seat cushion, with the seat in the middle position at which it can be adjusted sliding backwards and forwards and in its lowest position. A visual indicator may be installed at the end of a crossing control arm to enhance its visibility.
O.C. 285-97, s. 36
.
CHAPTER
III
STANDARDS FOR USE
DIVISION
I
VEHICLE USED FOR THE TRANSPORTATION OF SCHOOL CHILDREN
37
.
The owner of a vehicle used for the transportation of school children shall install, from side to side across the middle of the vehicle’s roof, a yellow sign bearing the word “ÉCOLIERS”. Each letter shall be black, at least 200 mm high and at least 32 mm wide.
If the owner chooses not to install such a sign, the owner must install in the same manner a dome light that has a yellow-coloured surface and on which the word “Écoliers” is displayed in black letters.
O.C. 285-97, s. 37
;
O.C. 643-2005, s. 7
.
38
.
The driver of a vehicle used for the transportation of school children shall not leave the vehicle when there are school children on board, except in an emergency or to assist a handicapped school child who requires his assistance in getting into or out of the vehicle. In such instances, the driver shall turn off the engine, remove the switch key and apply the hand brake, except where the vehicle has a safety locking device which prevents any person other than the driver from setting the vehicle in motion.
O.C. 285-97, s. 38
.
39
.
The driver of a vehicle used for the transportation of school children shall ensure that the passengers buckle their seat belts, except in the case provided for in section 398 of the Highway Safety Code (chapter C-24.2).
O.C. 285-97, s. 39
.
40
.
The driver of a vehicle used for the transportation of school children shall assist any handicapped school child who requires assistance in getting into or out of the vehicle.
O.C. 285-97, s. 40
.
DIVISION
II
SCHOOL BUSES
41
.
The owner of a school bus shall
(
1
)
ensure that the inscriptions prescribed in section 30 are legible and complete; and
(
2
)
maintain the interior of the passenger compartment or cause it to be maintained in such a manner as to ensure the comfort and safety of passengers.
O.C. 285-97, s. 41
.
42
.
The owner of a school bus shall not install a portable seat or a folding seat in his vehicle, nor cause or allow such a seat to be so installed.
O.C. 285-97, s. 42
.
43
.
Between the fifteenth day of October and the first day of May, the owner of a school bus shall ensure that at least the driving wheels are equipped with tires designed for driving on snow-covered road surfaces.
O.C. 285-97, s. 43
.
44
.
The owner of a school bus shall provide his vehicle with the following items and shall ensure that they are kept in good condition:
(
1
)
at least 3 triangle reflectors that conform to CSA Standard D-250-16 entitled “School Buses” and published by the Canadian Standards Association, as regards advanced warning devices;
(
2
)
one adequately pressurized multi-purpose powder extinguisher having a minimum rating of 3A 40BC that meets at least the requirements of CSA D-250-16, as regards fire extinguishers, and that weighs between 2.0 and 2.5 kg; and
(
3
)
a first-aid kit complying with paragraph 5 of section 65 of the Regulation respecting road vehicles adapted for the transportation of handicapped persons (
chapter C-24.2, r. 51
), made of rust-proof metal or any other non-corrosive material having similar resistance, placed near the driver’s seat and clearly identified.
Where a box of tools is placed in the passenger compartment, the owner of the school bus shall ensure that it is attached and does not hamper passenger movement.
O.C. 285-97, s. 44
;
O.C. 643-2005, s. 8
;
1058-2021
O.C. 1058-2021
,
s.
9
1
2
.
44.1
.
The driver of a school bus must, before turning on the flashing red lights and activating the stop signal in accordance with section 456 or 461 of the Highway Safety Code (chapter C-24.2), turn on the alternately flashing yellow lights referred to in the fourth paragraph of section 34 to warn drivers that the bus is preparing to stop to take on or discharge school children or persons under 18 years of age.
O.C. 643-2005, s. 9
.
44.2
.
A school bus the chassis of which was built before 29 August 2005 is not required to be equipped with the alternately flashing yellow lights prescribed by the fourth paragraph of section 34. In addition, the driver of such a school bus is exempt from the requirement of section 44.1 unless the bus is equipped with alternately flashing yellow lights warning drivers that the bus is preparing to stop to take on or discharge school children.
The driver of a school bus referred to in the first paragraph that is not equipped with alternately flashing yellow lights must, before turning on the flashing red lights and activating the stop signal in accordance with section 456 or 461 of the Highway Safety Code (chapter C-24.2), turn on the flashing emergency lights referred to in section 377 of the Code to warn drivers that the bus is preparing to stop to take on or discharge school children or persons under 18 years of age.
O.C. 643-2005, s. 9
.
45
.
The driver of a school bus shall not leave the vehicle when there are school children on board, except in an emergency or to assist a handicapped school child who requires his assistance in getting into or out of the vehicle. In such instances, the driver shall turn off the engine, remove the switch key and apply the hand brake, except where the school bus has a safety locking device which prevents any person other than the driver from setting the vehicle in motion.
O.C. 285-97, s. 45
.
46
.
The driver of a school bus shall not authorize nor allow more than 3 school children to sit on the seat of a school bus.
O.C. 285-97, s. 46
.
47
.
In addition to section 46, the driver of a school bus shall ensure that school children being transported are seated safely and that the aisle is free of obstructions.
O.C. 285-97, s. 47
.
48
.
The driver of a school bus shall ensure that the access to the emergency door is unhampered and free of obstructions.
O.C. 285-97, s. 48
.
49
.
The driver of a school bus, when transporting a handicapped school child, shall
(
1
)
assist the child in getting on and off the bus, where the child requires his assistance;
(
2
)
immobilize the child’s wheelchair, if he has one, and ensure that the seat belt that must be worn by the child is buckled before continuing his route;
(
3
)
assist a child whose wheelchair cannot be immobilized or a child whose handicap does not affect his mobility, so that such school children sit on the seats; and
(
4
)
refuse to transport a child whose wheelchair cannot be immobilized and who cannot sit on a seat.
In the situation contemplated by subparagraph 4 of the first paragraph, the driver shall not continue his route until he has informed the child’s parents or the person having parental authority of his refusal, or until he has placed the child in the care of a person of full age who agrees to look after him.
O.C. 285-97, s. 49
.
DIVISION
III
MULTIFUNCTION SCHOOL ACTIVITY BUSES AND 12 TO 15 PASSENGER BUSES
1058-2021
O.C. 1058-2021
,
s.
10
1
.
49.1
.
Between the 15th day of October and the first day of May, a school service centre, a school board or a private educational institution and a carrier doing business with them shall ensure that the tires with which a multifunction school activity bus or a 12 to 15 passenger bus is equipped are specifically designed for winter driving within the meaning of subparagraph 2 of the first paragraph of section 7 of the Regulation respecting the use of tires specifically designed for winter driving (
chapter C-24.2, r. 45
).
1058-2021
O.C. 1058-2021
,
s.
10
1
.
49.2
.
Before authorizing a driver in its employ to drive a multifunction school activity bus or a 12 to 15 passenger bus, a carrier, a school service centre, a school board or a private educational institution shall obtain the driver’s driving record and ensure that a maximum number of 3 demerit points are entered in it. A carrier must also provide a copy of the driving record to the school service centre, the school board or the private education institution for which the transportation is carried out.
The carrier, the school service centre, the school board or the private educational institution shall require from every driver in its employ that the driver inform, without delay and in writing, the carrier, the school service centre, the school board or the private educational institution if demerit points are added to the driver’s driving record after the verification made under the first paragraph.
1058-2021
O.C. 1058-2021
,
s.
10
1
.
49.3
.
The driver of a multifunction school activity bus or a 12 to 15 passenger bus shall inform without delay and in writing the carrier, the school service centre, the school board or the private educational institution that employs the driver if demerit points are added to the driver’s driving record.
1058-2021
O.C. 1058-2021
,
s.
10
1
.
49.4
.
No person may drive a multifunction school activity bus or a 12 to 15 passenger bus if more than 3 demerit points are entered in the person’s driving record.
1058-2021
O.C. 1058-2021
,
s.
10
1
.
CHAPTER
IV
PROCEEDINGS
50
.
Penal proceedings shall be instituted for the following offences against the provisions of this Regulation:
(
1
)
where a person transports school children or has school children transported using a vehicle other than those permitted under section 1;
(
1.1
)
where a person transports school children or has school children transported as organized under subparagraphs 1 to 3 of the first paragraph of section 6.1 using a vehicle that does not comply with the requirements of that section;
(
2
)
where an owner uses a school bus or minibus that does not comply with the requirements of any of sections 7 to 36;
(
3
)
where an owner using a vehicle used for the transportation of school children contravenes any of the provisions of section 37;
(
4
)
(paragraph revoked);
(
5
)
where a driver of a school bus does not turn on the alternately flashing yellow lights or the flashing emergency lights in contravention of section 44.1 or 44.2.
O.C. 285-97, s. 50
;
O.C. 643-2005, s. 10
;
816-2021
O.C. 816-2021
,
s.
116
1
;
1058-2021
O.C. 1058-2021
,
s.
11
1
1
;
1060-2021
O.C. 1060-2021
,
s.
4
1
.
51
.
For the purposes of this Chapter, the following persons are deemed to be owners: any person who acquires or possesses a school bus or a school minibus or a vehicle used for the transportation of school children under a title of ownership involving a condition or term giving him the right to become the owner thereof, or under a title giving him the right to use it as the owner thereof charged to deliver over.
The same applies to a person who leases a road vehicle referred to in the first paragraph for a period of at least one year.
O.C. 285-97, s. 51
.
52
.
This Regulation replaces the Regulation respecting motor vehicles used for the transportation of schoolchildren (O.C. 975-83, 83-05-11).
O.C. 285-97, s. 52
.
53
.
(Omitted).
O.C. 285-97, s. 53
.
SCHEDULE I
(
s. 33
)
TEST METHOD FOR DETERMINING THE EXPOSED SURFACE AND EFFECTIVE SURFACE OF THE MIRRORS LOCATED AT THE FRONT OF THE BUS
The following are the steps to be used for the test method:
(
1
)
As illustrated in Figure A, place cylinders 30 cm in diameter and 30 cm in front of the bus and along its sides in the following positions:
— 3 cylinders placed tangentially to the transversal plane, along the foremost part of the front bumper; one of those cylinders shall be placed at either end of the bumper and one in the middle;
— one cylinder placed in front of the bus, along the projection of its longitudinal axis, at the shorter of the following distances from the bus:
— the distance at which the upper end of the cylinder starts to be directly visible to the driver when his eyes are positioned 68.6 cm above the meeting point of the seat back and the seat cushion, with the seat in the middle position at which it can be adjusted sliding backwards and forwards and in its lowest position; or
— the distance at which the centre of the cylinder is 3.65 m from the bumper;
— 4 cylinders placed 30 cm from the vertical projection of the side wall of the bus, directly facing the centre of the front and rear wheels; and
— 2 cylinders placed 1.83 m from the vertical projection of the side wall of the bus, directly facing the centre of the rear wheel.
(
2
)
Draw lines delimiting the following testing areas, as illustrated in Figure A:
— the ground area within a 2-m perimeter of the bus;
— the ground area in front of the bus, extending beyond the 2-m perimeter but lying within lines delimiting a 7-m extension of the side walls of the bus; and
— the side walls and front of the bus to a height of less than 1.5 m.
(
3
)
Adjust the mirrors in such a manner as to limit the area reflected as much as possible to the testing areas while ensuring that the upper end of the cylinders is fully visible. Each mirror must reflect the front cylinders and the cylinders placed along the same side as the mirror.
(
4
)
Take a photograph of the mirrors as seen by the driver. The photograph must include the calibrated distance marks on each mirror.
(
5
)
Using a calibrated grid placed on the photograph, measure the exposed surface of the mirror, which must be greater than 250 cm
2
.
(
6
)
Using the grid referred to in point 5, measure the surface of the mirror that reflects the testing areas. That surface must correspond to at least 65% of the exposed surface.
METHOD FOR DETERMINING
THE EXPOSED SURFACE AND AND EFFECTIVE SURFACE
direct limit of vision
mirror
cylinder
LIMITS OF
TESTING AREAS
O.C. 285-97, Sch. I
.
SCHEDULE II
(
s. 6.1
)
LIST OF LOCATIONS SERVED BY A HYDRO-QUEBEC INDEPENDENT ELECTRIC POWER DISTRIBUTION SYSTEM
— Akulivik (Nord-du-Québec)
— Aupaluk (Nord-du-Québec)
— Clova (Mauricie)
— Inukjuak (Nord-du-Québec)
— Ivujivik (Nord-du-Québec)
— Kangiqsujuaq (Nord-du-Québec)
— Kangiqsualujjuaq (Nord-du-Québec)
— Kangirsuk (Nord-du-Québec)
— Kuujjuaq (Nord-du-Québec)
— Kuujjuarapik (Nord-du-Québec)
— Obedjiwan (Mauricie)
— Port-Menier (île d’Anticosti) (Côte-Nord)
— Puvirnituq (Nord-du-Québec)
— Quaqtaq (Nord-du-Québec)
— Salluit (Nord-du-Québec)
— Tasiujaq (Nord-du-Québec)
— Umiujaq (Nord-du-Québec)
— Whapmagoostui (Nord-du-Québec)
1060-2021
O.C. 1060-2021
,
s.
5
1
.
REFERENCES
O.C. 285-97, 1997 G.O. 2, 1141 and 1344
O.C. 32-2001, 2001 G.O. 2, 1034
O.C. 643-2005, 2005 G.O. 2, 2301
816-2021, 2021 G.O. 2, 2103
O.C. 816-2021, 2021 G.O. 2, 2103
1058-2021, 2021 G.O. 2, 2782
O.C. 1058-2021, 2021 G.O. 2, 2782
1060-2021, 2021 G.O. 2, 2784
O.C. 1060-2021, 2021 G.O. 2, 2784
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