T-12, r. 10 - Bus Leasing Regulation

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Full text
chapter T-12, r. 10
Bus Leasing Regulation
TRANSPORT — BUS LEASING
Transport Act
(chapter T-12, s. 5).
T-12
September 1 2012
1. Bus leasing shall require a permit issued by the Commission des transports du Québec.
O.C. 159-86, s. 1.
2. No permit shall be required for the following:
(1)  the leasing of buses between carriers within the meaning of section 3, provided that a copy of the leasing contract is in the driver’s possession during the use of the bus;
(2)  the leasing of buses used for the transportation of school children within the meaning of section 3 of the Regulation respecting road vehicles used for the transportation of school children (chapter T-12, r. 17) where buses are leased by a board or an educational institution within the meaning of section 1 of the Regulation respecting student transportation (chapter I-13.3, r. 12);
(3)  the leasing of buses used for the training of students in a program of study provided by the Centre de formation en transport de Charlesbourg of the Commission scolaire des Premières-Seigneuries or by the Centre de formation du transport routier Saint-Jérôme of the Commission scolaire de la Rivière-du-Nord.
O.C. 159-86, s. 2; O.C. 1033-92, s. 1; O.C. 596-2014, s. 1.
3. All holders of bus transport permits, all school carriers, all public bodies providing public transport within the meaning of the Bus Transport Regulation (chapter T-12, r. 16), all persons who provide transport for handicapped persons covered by category 7 of section 2 of that Regulation, all municipalities, all groupings of municipalities and all intermunicipal management boards are the carriers to whom paragraph 1 of section 2 refers.
O.C. 159-86, s. 3; S.Q. 2016, c. 8, s. 127.
3.1. A leasing contract must indicate
(1)  the names of the parties and their identification number in the register of owners and operators of heavy vehicles of the Commission des transports du Québec;
(2)  the leasing period;
(3)  the bus category referred to in section 2 of the Bus Transport Regulation (chapter T-12, r. 16);
(4)  the designation of the licence place of the bus or the unit number entered on the bus’ registration certificate.
The leasing contract must mention that the lessee is responsible for controlling the operation of the leased bus and is fully liable for its operation with respect to the provisions of the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3) and the Highway Safety Code (chapter C-24.2). A copy of the contract must be kept in the bus.
In the case of a leasing contract between carriers for leasing services referred to in paragraph 1 of section 2 and for which the services of a driver are provided, the contract must instead mention that the lessor is responsible for controlling the driving of the bus leased and is fully liable for the operation of the vehicle with respect to the provisions of the Act respecting owners, operators and drivers of heavy vehicles and the Highway Safety Code.
O.C. 596-2014, s. 2.
4. Holders of bus leasing permits shall lease buses only to the following persons:
(1)  a carrier within the meaning of section 3;
(2)  a board or an educational institution covered by paragraph 2 of section 2;
(3)  the Commission scolaire des Premières-Seigneuries for the purposes of a program of study provided by the Centre de formation en transport de Charlesbourg;
(4)  the Commission scolaire de la Rivière-du-Nord for the purposes of a program of study provided by the Centre de formation du transport routier Saint-Jérôme.
O.C. 159-86, s. 4; O.C. 596-2014, s. 3.
5. When leasing a bus, holders of bus leasing permits shall:
(1)  sign a contract with the lessee;
(2)  refrain from providing, directly or indirectly, the services of a driver with the bus leased.
O.C. 159-86, s. 5; O.C. 596-2014, s. 4.
6. (Omitted).
O.C. 159-86, s. 6.
REFERENCES
O.C. 159-86, 1986 G.O. 2, 266
O.C. 1033-92, 1992 G.O. 2, 3464
O.C. 596-2014, 2014 G.O. 2, 1406
S.Q. 2016, c. 8, s. 127