c-24.2 - Highway Safety Code

Updated to 1 May 2024

This document has official status.

chapter C-24.2

Highway Safety Code

See the Order respecting motorized mobility aids, chapter C-24.2, r. 1.01.

TITLE PRELIMINARY SCOPE, DUTY OF CARE AND DEFINITIONS

1986, c. 91; 2018, c. 7, s. 1.

1. This Code governs the use of vehicles on public highways and, in specified cases, on certain private roads and lands, and pedestrian, cyclist and other road user traffic on public highways.

It establishes the rules relating to highway safety, to the registration of road vehicles, to licences and permits which are under the administration of the Société de l’assurance automobile du Québec, and to the control of highway transportation of persons and goods.

The provisions of this Code regarding the registration and identification of a vehicle by means of a number affixed to it apply to the vehicles referred to in the Act respecting off-highway vehicles (chapter V-1.3).

The rules set out by this Code to ensure safe vehicular traffic are also applicable to off-highway vehicles and maintenance vehicles governed by the Act respecting off-highway vehicles when such vehicles travel in those areas where the Code applies, taking into account the specific equipment and vehicle specifications, and with the other necessary modifications.

In areas where this Code applies, if one of its provisions is inconsistent with a provision of the Act respecting off-highway vehicles, the more restrictive provisions to ensure public safety prevail. In particular, the lowest speed limits prevail.

1986, c. 91, s. 1; 1990, c. 19, s. 11; 1990, c. 83, s. 1; 1996, c. 56, s. 1; 1996, c. 60, s. 69; 2014, c. 12, s. 42; 2018, c. 7, s. 2; 2020, c. 26, s. 128.

2. The provisions of this Code which apply to the owner of a road vehicle also apply to every person who acquires or possesses a road vehicle under a title involving a condition or a term giving him the right to become owner thereof, or under a title giving him the right to use it as owner thereof charged to deliver over.

They also apply to every person who leases a road vehicle for a period of not less than one year.

1986, c. 91, s. 2.

3. The person in whose name a road vehicle is registered is responsible for any offence imputable to the owner pursuant to this Code.

1986, c. 91, s. 3.

3.1. All road users have a duty, especially toward more vulnerable users, to be careful and considerate when travelling on a public highway.

Drivers of road vehicles have a duty to show extra care for more vulnerable users such as pedestrians, cyclists and mobility impaired persons.

Vulnerable users, for their part, have a duty to adopt behaviours that enhance their own safety.

2018, c. 7, s. 3.

4. In this Code, unless the context indicates otherwise,

“automobile considered to be a taxi” means a qualified automobile within the meaning of section 9 of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2) when it is used to offer remunerated passenger transportation;

“autonomous vehicle” means a road vehicle equipped with an automated driving system that can operate a vehicle at driving automation level 3, 4 or 5 of the SAE International’s Standard J3016;

“bicycle boulevard” means all or part of a public highway on which bicycle traffic is facilitated;

“bus” means a motor vehicle, other than a minibus, designed for the transportation of more than nine occupants at a time and used mainly for that purpose or equipped with devices to secure wheelchairs against movement;

“combination of road vehicles” means a combination of vehicles consisting of a motorized road vehicle drawing a trailer, a semi-trailer or a detachable axle;

“commercial vehicle” means a motor vehicle mainly used for the transportation of property;

“drug” includes cannabis and the other substances included in the types of drugs listed in subsection 5 of section 320.28 of the Criminal Code (R.S.C. 1985, c. C-46);

“emergency vehicle” means a road vehicle used as a police car in accordance with the Police Act (chapter P-13.1), a road vehicle used as an ambulance in accordance with the Act respecting pre-hospital emergency services (chapter S-6.2), a fire safety vehicle, or any other road vehicle which meets the criteria established by regulation for recognition as an emergency vehicle by the Société;

“farmer” means a natural person who is a member of an association certified under the Farm Producers Act (chapter P-28), a person who is the owner or the lessee of a farm and whose principal activity is agriculture, or an agricultural cooperative governed by the Cooperatives Act (chapter C-67.2) whose object is the use of agricultural equipment by its members;

“health care professional” means a person holding a permit or licence issued by one of the following professional orders, and who is entered on the roll of that order:

(1)  Ordre professionnel des médecins du Québec;

(2)  Ordre professionnel des optométristes du Québec;

(3)  Ordre professionnel des psychologues du Québec;

(4)  Ordre professionnel des ergothérapeutes du Québec;

(5)  Ordre professionnel des infirmières et infirmiers du Québec;

“heavy vehicle” means a heavy vehicle within the meaning of the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3);

“low-speed vehicle” means a motor vehicle having not more than four seats, belonging to the “low-speed vehicle” class defined in the Motor Vehicle Safety Regulations (C.R.C., c. 1038) and bearing a compliance label required by those Regulations;

“minibus” means a motor vehicle having two axles with single wheels and equipped with not more than five rows of seats for the transportation of more than nine occupants at a time, or equipped with devices to secure wheelchairs against movement;

“moped” means a passenger vehicle having two or three wheels and a maximum speed of 70 km/h, equipped with an electric motor or a motor having a piston displacement of not more than 50 cm3 and with an automatic transmission;

“motorcycle” means a passenger vehicle, other than a power-assisted bicycle, having two or three wheels that has at least one characteristic different from the characteristics of a moped;

“motor vehicle” means a motorized road vehicle primarily adapted for the transportation of persons or property;

“municipality” means a local municipality and also an metropolitan community or a regional county municipality where, under its constituent Act, it exercises its jurisdiction in respect of a public highway with regard to a matter contemplated in this Code;

“off-highway vehicle” means a vehicle to which the Act respecting off-highway vehicles (chapter V-1.3) applies;

“passenger vehicle” means a motor vehicle designed for the transportation of not more than nine occupants at a time, where such transportation does not require a permit from the Commission des transports du Québec;

“personalized registration plate” means a registration plate bearing a number chosen by the applicant;

“pound” means a place determined by a municipality or by the Société as a place to which road vehicles seized by a peace officer on behalf of the Société are taken;

“power-assisted bicycle” means a bicycle that has an electric motor;

“public highway” means the surface of land or of a structure, the maintenance of which is entrusted to a municipality, a government or one of its agencies, over part of which one or more roadways open to public vehicular traffic and, where such is the case, one or more cycle lanes are laid out, except

(1)  highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune or the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation,

(2)  highways under construction or repair, but only with respect to vehicles assigned to the construction or repair, and

(3)  highways which the Government determines, under section 5.2, as being exempt from the application of this Code;

“road vehicle” means a motor vehicle that can be driven on a highway, other than a vehicle that runs only on rails, a power-assisted bicycle or an electrically propelled wheelchair; a trailer, a semi-trailer or a detachable axle is defined as a road vehicle;

“roadway” means that part of a public highway ordinarily used for vehicular traffic;

“shared street” means all or part of a public highway on which pedestrian traffic has priority;

“taxi” means an automobile referred to in section 144 of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2);

“tool vehicle” means a road vehicle, other than a vehicle mounted on a truck chassis, manufactured to perform work and the work station of which is an integral part of the driver’s compartment. For the purposes of this definition, a truck chassis is a frame equipped with all the mechanical components required on a road vehicle designed for the transportation of persons, goods or equipment;

“tow truck” means a motor vehicle equipped to lift and tow a road vehicle or to load a road vehicle onto its platform.

1986, c. 91, s. 4; 1987, c. 94, s. 2; 1990, c. 19, s. 11; 1990, c. 85, s. 122; 1990, c. 64, s. 26; 1990, c. 83, s. 2; 1994, c. 13, s. 15, s. 16; 1996, c. 56, s. 2; 1997, c. 40, s. 3; 1996, c. 60, s. 70; 1998, c. 40, s. 55; 2000, c. 12, s. 315; 2000, c. 56, s. 218; 2000, c. 64, s. 1; 2001, c. 60, s. 166; 2002, c. 29, s. 1; 2002, c. 69, s. 123; 2003, c. 8, s. 6; 2004, c. 2, s. 1; 2005, c. 39, s. 52; 2006, c. 3, s. 35; 2008, c. 14, s. 1; 2007, c. 40, s. 1; 2010, c. 34, s. 1; 2012, c. 15, s. 1; 2015, c. 4, s. 18; 2016, c. 8, s. 51; 2018, c. 7, s. 4; 2018, c. 18, s. 1; 2018, c. 19, s. 21; 2019, c. 18, s. 224; 2020, c. 26, s. 149.

The definition of minibus set out with respect to a motor vehicle equipped with two restraining devices to keep a wheelchair in place and whose gross vehicle weight rating is 3,100 kg or less or, if the motor vehicle is a vehicle powered by electricity, 3,600 kg or less, is suspended. (See M.O. 2021-19, 2021-09-01, (2021) 153 G.0. 2, 3714).

5. For the purposes of this Code, the word “person” also includes a partnership and the words “farm machine” include a farm tractor.

1986, c. 91, s. 5; 2004, c. 2, s. 2.

5.1. For the purposes of this Code, a person is deemed to have the care or control of a road vehicle when that person occupies the seat or position ordinarily occupied by the driver in circumstances in which it may be believed that there is a risk of the person setting the vehicle in motion.

1996, c. 56, s. 3; 2002, c. 29, s. 2; 2008, c. 14, s. 2; 2018, c. 7, s. 5; 2018, c. 19, ss. 22 and 66.

5.2. The Government may, by order in council published in the Gazette officielle du Québec, determine that a highway to which paragraph i of section 3 of the Act respecting the Ministère des Transports (chapter M-28) applies is not a public highway within the meaning of section 4, or that certain provisions of this Code or of a regulation thereunder do not apply to such a highway.

1997, c. 40, s. 4.

TITLE 0.1 AUTOMOBILE ADVERTISING

2007, c. 40, s. 2.

5.3. In collaboration with automobile manufacturers, advertising agencies and highway safety stakeholders, the Société shall establish guidelines aimed at prohibiting any advertisement that portrays a road vehicle and conveys a careless attitude with respect to road safety by presenting situations that encourage reckless, dangerous or prohibited practices or behaviour.

The Société shall promote observance of the guidelines. It shall also, within two years, evaluate whether the guidelines have enabled the targeted objectives to be met, and report to the Minister of Transport.

The Minister shall table the report in the National Assembly within the next 30 days or, if the Assembly is not sitting, within 30 days of resumption. The competent committee of the National Assembly shall examine the report.

2007, c. 40, s. 2.

TITLE I REGISTRATION OF ROAD VEHICLES

CHAPTER I GENERAL PROVISIONS

6. Every road vehicle must be registered except a vehicle exempt from registration under this Code.

1986, c. 91, s. 6.

7. The owner of a road vehicle must apply to the Société for its registration upon taking possession of it.

1986, c. 91, s. 7; 1990, c. 19, s. 11.

8. The owner of a road vehicle who establishes residence in Québec must apply to the Société for its registration within 90 days thereafter.

1986, c. 91, s. 8; 1990, c. 19, s. 11.

9. The Société may, on such conditions as it shall establish, appoint persons authorized to collect on its behalf the sums provided for in either of sections 21 or 31.1 and to effect any transaction it shall indicate relating to registration, and fix the amount and mode of their remuneration.

1986, c. 91, s. 9; 1990, c. 19, s. 11; 1990, c. 83, s. 3; 2018, c. 7, s. 6.

10. Registration is effected by entering in the register kept by the Société for that purpose such information concerning the road vehicle and its owner as is prescribed by regulation.

Registration shall subsist for as long as the road vehicle and its owner remain the same.

1986, c. 91, s. 10; 1990, c. 83, s. 4.

10.1. The Société shall issue, on the conditions and in the cases provided for by regulation, one or more of the following documents: a registration certificate, a registration plate including, if needed, a validation sticker.

The registration certificate, the registration plate and the sticker are valid for the period determined by regulation and the person in whose name registration is effected must renew them upon expiry.

1990, c. 83, s. 4; 1997, c. 49, s. 4.

10.2. Notwithstanding sections 10 and 10.1, registration of certain classes of road vehicles that are prescribed by regulation may be effected by entering in the register of the Société the information prescribed by regulation with regard to those classes of vehicles and to the persons meeting the conditions prescribed by regulation for obtaining such registration.

The Société shall issue one or more registration certificates and removable registration plates.

Every vehicle of a class contemplated in the first paragraph is deemed to be registered in accordance with section 6 when a removable registration plate is affixed to it.

Sections 188, 189 and 196 to 202 shall apply with any necessary changes, except that the Société shall cancel the registration obtained by any person under this section instead of prohibiting the putting back into operation of a road vehicle.

1990, c. 83, s. 4.

10.3. Every registration plate issued by the Société remains the property of the Société.

2018, c. 18, s. 3.

10.4. A personalized registration plate may, on payment of the fees prescribed by regulation and in the cases and on the conditions prescribed by government regulation, be issued to any person having a file at the Société relating to the registration of a road vehicle or to a licence authorizing the person to drive a road vehicle, provided that the person is the owner of such a vehicle or, if the person is not, that the person gives an undertaking to the Société to become the owner.

The Société is not responsible for any injury or damage which may result from an applicant’s choice of number.

2018, c. 18, s. 3.

11. A handicapped person or a public institution may be authorized to use parking spaces reserved for the exclusive use of handicapped persons and be given an identification sticker and a certificate of issue to that effect.

The sticker and the certificate are issued upon payment of the fees prescribed by regulation.

A “public institution” is a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) that owns a motor vehicle equipped with devices to secure wheelchairs against movement.

The Société is responsible for the application of this section according to the rules established by agreement between the Société and the Minister of Transport.

1986, c. 91, s. 11; 1990, c. 19, s. 11; 1990, c. 83, s. 5; 1992, c. 21, s. 375; 1994, c. 23, s. 8; 1997, c. 49, s. 5; 2004, c. 34, s. 21.

11.1. The holder of an identification sticker must inform the Société of any change of address or of the destruction, loss or theft of the sticker or certificate of issue within 30 days.

The holder of an identification sticker must return the sticker and the certificate of issue to the Société if they are no longer required or if the holder no longer meets the eligibility requirements.

2002, c. 29, s. 3.

12. Every registration certificate shall contain the information determined by regulation.

1986, c. 91, s. 12.

13. (Repealed).

1986, c. 91, s. 13; 1990, c. 83, s. 6.

13.1. The Minister of Revenue may, at the request of the Société, verify the operational records of the fleets of road vehicles registered under apportioned registration pursuant to a regulation under section 631.

Sections 37.7, 38 and 42 of the Tax Administration Act (chapter A-6.002) apply to such verification with the necessary modifications.

2002, c. 62, s. 1; 2010, c. 31, s. 175.

CHAPTER II VEHICLES EXEMPT FROM REGISTRATION

14. The following road vehicles are exempt from registration:

(1)  a farm machine owned by a farmer, other than a farm tractor used on a public highway;

(2)  (paragraph repealed);

(3)  an off-highway vehicle used exclusively in activities held in compliance with standards prescribed in a regulation made or approved by the Minister of Education, Recreation and Sports under the Act respecting safety in sports (chapter S‐3.1) and, in the cases provided for by regulation, an off-highway vehicle to which the Act respecting off-highway vehicles (chapter V-1.3) applies and a recreation vehicle;

(4)  a detachable axle;

(5)  a single-axle towing dolly;

(6)  a motorized scooter;

(7)  a self-propelled aerial basket other than one mounted on a truck chassis;

(8)  a road vehicle determined by regulation.

1986, c. 91, s. 14; 1987, c. 94, s. 3; 1990, c. 83, s. 7; 1996, c. 56, s. 4; 1996, c. 60, s. 71; 2001, c. 21, s. 1; 2002, c. 29, s. 4; 2004, c. 2, s. 3; 2014, c. 12, s. 43; 2020, c. 26, s. 149.

15. The following road vehicles, unless used on a public highway, are exempt from registration:

(1)  a vehicle stocked by the manufacturer or, during delivery, a vehicle delivered by a manufacturer to a road vehicle dealer;

(2)  a vehicle which a road vehicle dealer holds in stock for sale;

(3)  a vehicle entrusted to the management of the Public Curator or to the Minister of Revenue as provisional administrator of property;

(4)  a vehicle seized or impounded by a peace officer;

(5)  a vehicle designed mainly for use on snow, other than a snowmobile to which the Act respecting off-highway vehicles (chapter V-1.3) applies in the cases prescribed by regulation.

The exemption provided for in the first paragraph applies to vehicles referred to in subparagraphs 1 and 2, other than a trailer or semi-trailer with a net mass of less than 1,300 kg, only if the road vehicle dealer holds a permit issued under the Consumer Protection Act (chapter P-40.1).

1986, c. 91, s. 15; 1996, c. 60, s. 72; 2004, c. 2, s. 4; 2005, c. 44, s. 50; 2015, c. 4, s. 19; 2020, c. 26, s. 149.

16. (Repealed).

1986, c. 91, s. 16; 2004, c. 2, s. 5.

17. A road vehicle the ownership of which is transferred following a death is exempt from registration if the ownership is again transferred within seven days after the heir or particular legatee obtains delivery of it or receives it in payment of his legacy.

1986, c. 91, s. 17; 1999, c. 40, s. 55.

18. A trailer or semi-trailer leased for a period not exceeding 12 months is exempt from registration if the following conditions are met:

(1)  the leasing contract is entered into outside Québec;

(2)  its owner is not required to hold a leasing permit from the Commission des transports du Québec;

(3)  it is in the possession of the lessee;

(4)  its net mass is 900 kg or less.

1986, c. 91, s. 18.

19. The passenger vehicle, trailer or semi-trailer of a non-resident is exempt from registration in Québec for a period of six consecutive months from his arrival if the following conditions are met:

(1)  the vehicle is registered as required by the law of the main place of residence or the business establishment of its owner;

(2)  the vehicle carries a valid registration plate of that place;

(3)  the driver furnishes proof of that registration at the request of the Société or of a peace officer.

1986, c. 91, s. 19; 1990, c. 19, s. 11; 1999, c. 40, s. 55.

20. A road vehicle acquired outside Québec by a foreign student, coopérant or trainee staying in Québec is exempt from registration for the duration of his studies or training if the following conditions are met:

(1)  the vehicle is registered as required by the law of the main place of residence of its owner or the place where he established residence;

(2)  the vehicle carries a valid registration plate of that place;

(3)  the student, coopérant or trainee furnishes proof of that registration at the request of the Société or of a peace officer;

(4)  the same right is granted to students, coopérants or trainees from Québec staying in the place of domicile of that student, coopérant or trainee.

1986, c. 91, s. 20; 1990, c. 19, s. 11.

CHAPTER III OBTENTION OF REGISTRATION

1990, c. 83, s. 8.

21. To obtain the registration of a road vehicle and the right to put the vehicle into operation on a public highway, a private road open to public vehicular traffic and on land occupied by shopping centres or other land where public traffic is allowed, the owner of the vehicle must

(1)  comply with the conditions and formalities established by regulation;

(2)  (subparagraph repealed);

(3)  pay the fees fixed by regulation, the duties fixed by regulation, the insurance contribution fixed pursuant to sections 151.1 and 151.2 of the Automobile Insurance Act (chapter A-25) and, where applicable, the contribution of motorists to public transit fixed pursuant to section 88.3 of the Transport Act (chapter T-12) or the contribution fixed under section 11 of the Act respecting off-highway vehicles (chapter V-1.3), hereinafter called the off-highway vehicle owners’ contribution;

(4)  have the prior authorization of the Commission des transports du Québec, in the cases provided for in sections 35 and 40.2 of the Transport Act, or of the Société, in the case provided for in the first paragraph of section 118 of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2);

(5)  in respect of a road vehicle belonging to the class determined by regulation which is seven years old or less and whose value exceeds $40,000, pay, according to the calculation methods established by regulation, an additional duty which, computed on an annual basis, is equal to 1% of the value of the vehicle in excess of $40,000;

(6)  in respect of a road vehicle belonging to a class determined by regulation, equipped with an engine with a displacement determined by regulation, pay an additional duty and an acquisition duty and an acquisition duty determined by regulation.

Notwithstanding the foregoing, the Société may, without further notice, prohibit such an owner from putting his vehicle into operation if he does not pay the sums referred to in paragraph 3 of the first paragraph or if he is indebted to the Société with regard to the sums referred to in section 31.1 in relation to any vehicle belonging to him or any sums referred to in either of section 69, 93.1 or 209.22.

No person may put a road vehicle into operation before the sums referred to in the second paragraph have been paid by the owner or, in the case of a heavy vehicle, before the owner or operator is registered in the Registre des propriétaires et des exploitants de véhicules lourds at the Commission des transports du Québec.

No person shall put a road vehicle into operation if a decision of the Société rendered under section 194 is in force.

No person shall put a vehicle into operation on a public highway if it is of a model or class whose use on public highways has been prohibited by the Minister under section 633.1 or if it has been restricted to off-highway use by its manufacturer or importer.

1986, c. 91, s. 21; 1987, c. 94, s. 4; 1990, c. 19, s. 11; 1991, c. 32, s. 165; 1990, c. 83, s. 9; 1991, c. 55, s. 8; 1993, c. 57, s. 5; 1996, c. 56, s. 5; 1997, c. 85, s. 13; 1998, c. 40, s. 56; 1999, c. 66, s. 1; 2001, c. 15, s. 128; 2003, c. 5, s. 1; 2004, c. 34, s. 22; 2004, c. 35, s. 40; 2007, c. 40, s. 3; 2010, c. 33, s. 22; 2016, c. 7, s. 85; 2019, c. 18, s. 225; 2020, c. 26, s. 129; 2022, c. 13, s. 19.

22. The registration of a road vehicle owned by a partnership is made in the name of the partner making the application.

1986, c. 91, s. 22.

23. The registration of a road vehicle acquired in co-ownership is made in the name of the co-owner making the application.

1986, c. 91, s. 23.

24. A minor applying for the registration of a road vehicle must furnish to the Société the written consent of the person having parental authority or, failing such a person, the consent of the person having legal custody of the minor.

The first paragraph does not apply to a minor if he is emancipated or engaged in trade, provided that he proves his status.

1986, c. 91, s. 24; 1990, c. 19, s. 11.

25. (Repealed).

1986, c. 91, s. 25; 1987, c. 94, s. 5; 1990, c. 19, s. 11; 1990, c. 83, s. 10.

26. The Société must refuse to register a road vehicle whenever the person applying for registration is unable to establish that he is the owner or joint owner of that vehicle or that the vehicle is the property of the partnership of which he is a member.

1986, c. 91, s. 26; 1990, c. 19, s. 11; 1990, c. 83, s. 11.

CHAPTER IV CONDITIONS ATTACHED TO REGISTRATION

27. The person in whose name registration of a road vehicle has been effected by the Société must sign the registration certificate upon receiving it.

The certificate must bear the identifying mark of the Société or the signature of a person authorized by the Société.

1986, c. 91, s. 27; 1990, c. 19, s. 11; 1990, c. 83, s. 12.

28. The person in whose name the registration of a road vehicle is effected by the Société must inform the latter, upon making payment of the amounts required to be paid under section 31.1, of any change concerning the information prescribed by regulation, and forming the registration or which appears on the registration certificate, the registration plate or the stickers.

That person must also, for as long as the registration is in effect, notify the Société of any such changes within 30 days after the change.

1986, c. 91, s. 28; 1990, c. 19, s. 11; 1990, c. 83, s. 13.

29. The owner of a road vehicle must place the temporary registration certificate issued to him in the upper left hand part of the rear window of the vehicle or in such other place as is determined by regulation.

1986, c. 91, s. 29.

30. The owner of a road vehicle must solidly attach the registration plate issued to him to the rear of the vehicle or to such other place as is determined by regulation.

Where a regulation prescribes the issue of two duplicates of the registration plate, one must be attached to the front of the vehicle and the other to the rear.

1986, c. 91, s. 30.

31. The owner of a road vehicle must place the validation stickers on the registration plate at the places determined by regulation.

1986, c. 91, s. 31; 1997, c. 49, s. 6.

31.1. To retain the right to drive a registered road vehicle, the owner thereof must, unless exempted by regulation, pay to the Société, at the intervals and over the periods determined by regulation, the fees fixed by regulation, the duties fixed by regulation, the insurance contribution fixed pursuant to section 151.1 of the Automobile Insurance Act (chapter A-25) and, where applicable, the contribution of motorists to public transit fixed pursuant to section 88.3 of the Transport Act (chapter T-12), the contribution of off-highway vehicle owners and, in respect of a road vehicle belonging to a class determined by regulation which is seven years old or less and whose value exceeds $40,000, an additional duty which, computed on an annual basis, is equal to 1% of the value of the vehicle in excess of $40,000 and, in respect of a road vehicle belonging to a class determined by regulation, equipped with an engine with a displacement determined by regulation, an additional duty determined by regulation.

An owner who elects not to drive the vehicle for all or part of the period corresponding to the payment of the amounts referred to in the first paragraph must notify the Société thereof before the date on which payment of such amounts becomes due or any later date determined by regulation. In this case, he will not be bound to pay the duties, additional duties, fees, insurance contribution, contribution of motorists to public transit or contribution of off-highway vehicle owners prescribed for the period during which such election has effect.

If, on the due date, the owner has not paid the amounts referred to in the first paragraph or notified the Société of his intention to pay them by pre-authorized debit or if the owner has notified the Société of his election not to drive the vehicle in accordance with the second paragraph, no person may, as of the first day following the due date or as of the date on which the Société received the notice of election not to drive, and without further notice, put the road vehicle back into operation.

The owner may, during the period corresponding to the payment of the amounts referred to in the first paragraph, apply to the Société to obtain the authorization to put the road vehicle back into operation. He must, in that case, pay the duties, additional duties and fees, the insurance contribution, the contribution of motorists to public transit, the contribution of off-highway vehicle owners and the additional fee prescribed by regulation, in accordance with the terms and conditions prescribed by regulation.

No person shall put a vehicle back into operation on a public highway if it is of a model or class whose use on public highways has been prohibited by the Minister under section 633.1 or if it has been restricted to off-highway use by its manufacturer or importer.

1990, c. 83, s. 14; 1991, c. 32, s. 166; 1993, c. 57, s. 6; 1997, c. 85, s. 14; 2004, c. 34, s. 23; 2004, c. 35, s. 41; 2000, c. 49, s. 25; 2007, c. 40, s. 4; 2008, c. 14, s. 3; 2009, c. 48, s. 15; 2010, c. 34, s. 2; 2010, c. 33, s. 23; 2020, c. 26, s. 130; 2022, c. 13, s. 20.

32. No registration plate may bear any inscription other than those determined by the Société.

The registration plate must be free of any object or matter that could impair its legibility; it must also, if attached to the rear of the vehicle, be sufficiently lighted.

1986, c. 91, s. 32; 1990, c. 19, s. 11.

32.1. Every registration plate number must be made up of Latin alphabet capital letters, Arabic numerals or a combination of both. It must be compatible with the plate numbering system established by the Société and be easy to read.

A registration plate number must not cause confusion with another plate number and, in the case of a personalized number, must not include an expression or a message, including when read in reverse, that

(1)  falsely suggests that the owner of the road vehicle is, or is related to, a public authority;

(2)  conveys a careless attitude with respect to road safety;

(3)  expresses an obscene or scandalous notion;

(4)  promotes the commission of a criminal offence;

(5)  the law reserves for another person or prohibits from being used; or

(6)  is not in conformity with the Charter of the French language (chapter C-11).

In the event of non-compliance with the conditions of this section, the Société may refuse to issue the plate or may invalidate it if the non-compliance is identified after the issuance of the plate.

A government regulation may prescribe rules for the creation of a plate number, in particular to allow the use of special characters; such rules may vary according to the classes of road vehicles.

2018, c. 18, s. 6.

32.2. Every personalized registration plate must, prior to its utilization, be activated in order to be associated, in the Société’s register, with the vehicle on which it will be affixed. The time limit and other conditions of activation are prescribed by government regulation.

2018, c. 18, s. 6.

32.3. The holder of a personalized registration plate is required to pay the management fee for the administration of the personalized registration plate system, at the intervals and during the periods prescribed by government regulation.

The management fee is payable even if the holder no longer intends to associate the plate with his vehicle, does not have the authorization to put the vehicle into operation or transfers it to a third person.

If the holder fails to pay the management fee, the Société may invalidate the registration plate.

2018, c. 18, s. 6.

32.4. Where a personalized registration plate is invalidated, the road vehicle owner must apply to the Société for the replacement of the plate and pay the fees exigible prescribed by regulation.

Where the plate is invalidated under the third paragraph of section 32.1, the Société shall, when the plate is replaced, reimburse the fees paid in accordance with section 10.4.

2018, c. 18, s. 6.

32.5. The conditions for the reuse of a personalized number by another person having a registration file or a licence file at the Société are prescribed by government regulation.

2018, c. 18, s. 6.

33. A peace officer may require the driver of a road vehicle to clean the registration plate of the vehicle if the presence of dirt on the plate makes it difficult to read.

The driver must comply with the requirement of the peace officer.

1986, c. 91, s. 33.

34. No plate or sticker that may be confused with a registration plate or validation sticker issued by the Société or by any other competent administrative authority may be attached to a road vehicle or affixed to a plate, except in the case of a plate or sticker required under another law in force in Québec or of a plate attached in compliance with standards and conditions established under paragraph 19 of section 618.

1986, c. 91, s. 34; 1990, c. 19, s. 11; 1990, c. 83, s. 15.

35. The person driving or having the care or control of a road vehicle must have with him the registration certificate of the vehicle or a copy of it in the form determined by regulation, except during the 10 days following registration, and the certificate of insurance provided for in the Automobile Insurance Act (chapter A-25).

If the registration certificate was issued under the International Registration Program (IRP), the person must have with him the original of the certificate, except in the cases provided for by the Program.

If the road vehicle is leased for less than one year or if it has been lent by a road vehicle dealer, the person must also have with him the contract of lease or a copy thereof, or a document evidencing the duration of the loan.

This section applies on private roads open to public vehicular traffic and on land occupied by shopping centres or other land where public traffic is allowed, as well as on public highways. It also applies on highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune.

1986, c. 91, s. 35; 1996, c. 56, s. 6; 1998, c. 40, s. 57; 2002, c. 29, s. 5; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2008, c. 14, s. 4; 2015, c. 4, s. 20; 2018, c. 18, s. 7.

36. The person driving or having the care or control of a road vehicle must remit for examination to a peace officer, at his request, the documents referred to in section 35.

The peace officer must return the documents to their holder as soon as he has examined them.

1986, c. 91, s. 36; 1996, c. 56, s. 7.

37. The person in whose name registration of a road vehicle has been effected by the Société must request the latter to replace any registration certificate, registration plate or sticker which is illegible, damaged or which contains inaccurate information.

If the copy of the registration certificate is illegible or damaged, the person referred to in the first paragraph must make a new copy of the certificate.

1986, c. 91, s. 37; 1990, c. 19, s. 11; 1990, c. 83, s. 16; 2018, c. 18, s. 8.

38. Upon proof that a registration certificate, a registration plate or a sticker is illegible or damaged or has been destroyed, lost, stolen or that it contains inaccurate information, the Société shall replace it upon payment of the fee fixed by regulation.

1986, c. 91, s. 38; 1990, c. 19, s. 11; 1990, c. 83, s. 17.

39. The transferor of a road vehicle who does not request the transfer of a registration plate to another vehicle, a person contemplated in section 10.2 or the owner of a road vehicle regarding which a decision of the Société has been rendered under any of sections 10.2, 188, or 196 to 202 must, at the request of the Société, return that vehicle’s registration certificate and plate or the detachable registration plate to the Société on the date of coming into force of the decision or on any later date fixed by the Société. The same applies where the Société acts under section 189 or where the registration plate is invalid or has not been activated in accordance with section 32.2.

Where the owner refuses or fails to observe the requirement of this section, the Société may request a peace officer to confiscate the certificate and the registration plate. The owner of the vehicle must immediately remit his registration certificate and registration plate to the peace officer who requests him to do so and informs him of the reasons therefor.

1986, c. 91, s. 39; 1990, c. 19, s. 11; 1990, c. 83, s. 18; 1998, c. 40, s. 58; 2018, c. 18, s. 9.

39.1. No person may put back into operation any road vehicle in respect of which a decision of the Société rendered under any of sections 188, 194 or 196 to 202.0.1 is in force. The same applies where the Société acts under section 189.

1990, c. 83, s. 19; 1998, c. 40, s. 59; 2003, c. 5, s. 2; 2012, c. 15, s. 2.

CHAPTER V TRANSFER OF ROAD VEHICLES

40. Where the right of ownership of a road vehicle is transferred between parties neither of whom is a road vehicle dealer, the transferor and the new owner must declare the transfer of ownership to the Société in the manner determined by the Société and the new owner must apply for a new registration.

1986, c. 91, s. 40; 1990, c. 19, s. 11; 2015, c. 4, s. 21; 2018, c. 18, s. 11.

41. (Repealed).

1986, c. 91, s. 41; 1990, c. 19, s. 11; 2015, c. 4, s. 22; 2018, c. 18, s. 12.

42. Where the right of ownership of a road vehicle is transferred to a road vehicle dealer, the transferor who is not purchasing a new vehicle must remit the registration certificate of the vehicle to the dealer after endorsing it and transmit the registration plate of the vehicle to the Société.

1986, c. 91, s. 42; 1990, c. 19, s. 11; 2015, c. 4, s. 23.

43. Where the right of ownership of a road vehicle is transferred to a road vehicle dealer, the transferor who is purchasing a new vehicle must retain the registration plate, remit the registration certificate to the dealer after endorsing it and apply to the Société for the issue of a certificate for the new vehicle.

1986, c. 91, s. 43; 1990, c. 19, s. 11; 2015, c. 4, s. 24.

44. Sections 40 to 43 do not apply to the transfer of the right of ownership of a road vehicle that is under a contract of lease with a term of one year or more.

1986, c. 91, s. 44.

45. The lessee of a road vehicle leased for a term of one year or more must, at the end of the contract of lease, remit the registration certificate and registration plate of the leased vehicle to the Société.

1986, c. 91, s. 45; 1990, c. 19, s. 11.

46. Subject to section 17, a person who becomes the owner of a road vehicle as a result of a death, a gift, a partition, a winding-up, a bankruptcy, the exercise of a right of repossession, the complete transfer of a business or a sale under judicial authority must remit the registration certificate to the Société and apply for a new registration for the vehicle.

1986, c. 91, s. 46; 1990, c. 19, s. 11; I.N. 2016-01-01 (NCCP).

47. (Repealed).

1986, c. 91, s. 47; 1987, c. 94, s. 6; 1990, c. 19, s. 11; 1990, c. 83, s. 20.

CHAPTER VI PENAL PROVISIONS

48. Every owner of a road vehicle who contravenes any of sections 29, 30 and 31 is guilty of an offence and is liable to a fine of $30 to $60.

1986, c. 91, s. 48; 1990, c. 4, s. 212.

49. Every person who contravenes section 32, the second paragraph of section 33, or either of sections 35 and 37, is guilty of an offence and is liable to a fine of $30 to $60.

1986, c. 91, s. 49; 1990, c. 4, s. 212.

50. Every person who drives a road vehicle the registration plate of which is so damaged as to prevent the identification of the vehicle is guilty of an offence and is liable to a fine of $30 to $60.

1986, c. 91, s. 50; 1990, c. 4, s. 212.

51. Every person who contravenes the first paragraph of section 27, or any of sections 11.1, 28 or 40 to 46 is guilty of an offence and is liable to a fine of $60 to $100.

1986, c. 91, s. 51; 1987, c. 94, s. 7; 1990, c. 4, s. 212; 2002, c. 29, s. 6.

52. (Repealed).

1986, c. 91, s. 52; 1990, c. 4, s. 212; 2012, c. 15, s. 3.

53. Every person who contravenes the first paragraph of section 36 is guilty of an offence and is liable to a fine of $100 to $200.

1986, c. 91, s. 53; 1990, c. 4, s. 212.

54. Every person who drives a road vehicle and every owner who allows his vehicle to be driven carrying a registration plate of a class other than the class corresponding to that vehicle, or which is being used for a purpose other than the purpose indicated in its registration, or carrying a registration plate issued for another road vehicle, is guilty of an offence and is liable to a fine of $200 to $300.

1986, c. 91, s. 54; 1990, c. 4, s. 212; 1990, c. 83, s. 21.

54.1. Every owner of a road vehicle who drives the vehicle or allows it to be driven while it is carrying a registration plate that has not been activated in accordance with section 32.2 is guilty of an offence and is liable to a fine of $100 to $200.

2018, c. 18, s. 13.

54.2. Every owner of a road vehicle who drives the vehicle or allows it to be driven while it is carrying an invalid personalized registration plate is guilty of an offence and is liable to a fine of $200 to $300.

2018, c. 18, s. 13.

55. Every owner of a road vehicle who contravenes section 7 or section 8 is guilty of an offence and is liable to a fine of $200 to $300.

1986, c. 91, s. 55; 1990, c. 4, s. 212; 1996, c. 56, s. 8.

56. Every person who drives a road vehicle carrying a plate or a sticker described in section 34 is guilty of an offence and is liable to a fine of $200 to $300.

1986, c. 91, s. 56; 1990, c. 4, s. 212; 1990, c. 83, s. 22.

57. Every person who contravenes section 34, or who attaches to a road vehicle a registration plate issued for another road vehicle or affixes to a plate a validation sticker issued for another road vehicle is guilty of an offence and is liable to a fine of $200 to $300.

1986, c. 91, s. 57; 1990, c. 4, s. 212; 1990, c. 83, s. 23.

58. Every owner of a road vehicle who contravenes section 6 or section 39 is guilty of an offence and is liable to a fine of $300 to $600.

1986, c. 91, s. 58; 1990, c. 4, s. 212; 1996, c. 56, s. 9.

59. Every person who contravenes the third, fourth or fifth paragraph of section 21, the third or fifth paragraph of section 31.1, or section 39.1, or who knowingly gives false or misleading information in applying for the registration of a road vehicle or in respect of a change referred to in section 28 is guilty of an offence and is liable to a fine of $300 to $600.

Every owner of a heavy vehicle who knowingly supplies false or misleading information on applying for registration or in respect of a change referred to in section 28 is guilty of an offence and is liable to a fine of $500 to $1,500.

Despite the first paragraph, if an offence under section 39.1 is committed by the owner of a road vehicle that has been put back into operation and in respect of which a decision under section 202.0.1 is in force, the owner is liable to a fine of $1,500 to $3,000 and, in the case of a second or subsequent offence, of $3,000 to $6,000.

1986, c. 91, s. 59; 1990, c. 4, s. 212; 1990, c. 83, s. 24; 1998, c. 40, s. 60; 2003, c. 5, s. 3; 2007, c. 40, s. 5; 2010, c. 34, s. 3; 2012, c. 15, s. 4.

60. Every person who makes a plate or a sticker described in section 34 is guilty of an offence and is liable to a fine of $600 to $2,000.

1986, c. 91, s. 60; 1990, c. 4, s. 212; 1990, c. 83, s. 25.

TITLE II LICENCES TO DRIVE ROAD VEHICLES

CHAPTER I GENERAL PROVISIONS

60.1. The requirements relating to learner’s licences, probationary licences, driver’s licences and restricted licences are intended to ensure that authorization to drive is granted only to persons possessing the proficiency and attitudes of care necessary for the safety of the public.

1996, c. 56, s. 10.

60.2. The provisions of this Title apply on public highways, on highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune, on private roads open to public vehicular traffic and on land occupied by shopping centres or other land where public traffic is allowed.

2004, c. 2, s. 6; 2006, c. 3, s. 35.

61. The Société shall issue the following licences to drive road vehicles: learner’s licences, probationary licences, driver’s licences and restricted licences.

The holder of a licence cannot be required to produce his licence except where so required by a peace officer or by the Société for the purposes of highway safety.

1986, c. 91, s. 61; 1990, c. 19, s. 11; 1990, c. 83, s. 26; 1995, c. 6, s. 1.

62. The Société may, on the conditions it determines, recognize driving schools or delegate its power to specific bodies.

Only the Société may suspend or revoke the recognition of a driving school for non-compliance with the conditions for recognition.

1986, c. 91, s. 62; 1990, c. 19, s. 11; 1996, c. 56, s. 11; 2009, c. 55, s. 1; 2018, c. 7, s. 7.

63. Licences shall contain the information prescribed by regulation and, with the exception of restricted licences, are valid for the period prescribed by regulation.

1986, c. 91, s. 63.

63.1. Licences shall bear the signature of the holder as well as a photograph of the holder that meets the standards prescribed by regulation.

However, the Société may, according to the category of a licence, in the circumstances and on the conditions determined by regulation, issue a licence that does not bear the photograph or signature of the holder.

1995, c. 6, s. 2; 2004, c. 2, s. 7.

63.2. (Repealed).

2007, c. 40, s. 7; 2008, c. 14, s. 5; 2018, c. 7, s. 8.

64. The Société may attach conditions to a licence in the cases prescribed and according to the criteria established by regulation.

On the request of a person who holds a licence or is applying for a licence, the Société may limit the right to drive to road vehicles equipped with an alcohol ignition interlock device approved by the Société. The licence issued and any subsequent licence are subject to that condition as long as the person has not established by means of an assessment that the person’s relationship with alcohol or drugs does not compromise the safe operation of a road vehicle. The assessment is governed by the provisions of section 76.1.9.

A person who is not subject to mandatory use of an alcohol interlock device approved by the Société under this Code and does not make a request under the second paragraph may purchase any other alcohol interlock device and install such a device on the person’s vehicle without notifying the Société; in such a case, the condition set out in the second paragraph is not attached to the person’s driver’s licence, and section 64.1 does not apply.

1986, c. 91, s. 64; 1990, c. 19, s. 11; 2001, c. 29, s. 1; 2007, c. 40, s. 8.

64.1. The Société shall issue, on the conditions set out in this Code, a licence that is subject to the condition of driving a road vehicle equipped with an alcohol ignition interlock device approved by the Société.

The Société shall determine the conditions of use of the alcohol ignition interlock device. The person responsible for managing the data collected by the device must send the data to the Société along with any information the person has concerning the licence holder, in the manner prescribed by agreement.

2007, c. 40, s. 9; 2018, c. 7, s. 9.

CHAPTER II SPECIAL PROVISIONS RESPECTING LEARNER’S LICENCES, PROBATIONARY LICENCES AND DRIVER’S LICENCES

1990, c. 83, s. 27.

DIVISION I ISSUE OF LICENCES

65. No person may drive a road vehicle unless he holds a driver’s licence of the class appropriate to the driving of that vehicle as determined by regulation, and containing the particulars prescribed by regulation, if any.

1986, c. 91, s. 65; 1996, c. 56, s. 12; 1998, c. 40, s. 61; 1999, c. 66, s. 2; 2003, c. 8, s. 6; 2004, c. 2, s. 8.

Concerning the suspension of the application of this section with respect to a person who holds a valid driver’s licence issued by an administrative authority other than the Société de l’assurance automobile du Québec, who drives a passenger vehicle and who has settled in Québec, see M.O. 2023-22, 2023-07-05, (2023) 155 G.O. 2, 1675B.

65.1. (Repealed).

1990, c. 83, s. 28; 1996, c. 56, s. 13.

66. A person applying for a licence to drive a road vehicle, except a licence of a class determined by regulation, must have held a learner’s licence for the period fixed by regulation. The period may vary according to the class of licence.

A person applying for a licence other than a moped licence or a farm tractor licence must also have held a probationary licence for the period prescribed by regulation.

1986, c. 91, s. 66; 1990, c. 19, s. 11; 1990, c. 83, s. 29; 1996, c. 56, s. 14; 2007, c. 40, s. 10.

66.1. Persons applying for their first licence to drive a motorcycle, a moped or another passenger vehicle must successfully complete a driving course appropriate for the class of licence requested, given by a driving school recognized in accordance with section 62.

The course must comprise a theoretical part and a practical part. The deadline for the successful completion of each part of the course and the cases in which a person may be exempted from taking the course are determined by government regulation.

In addition, the Government may, by regulation, set the maximum and minimum amounts chargeable for a course to drive a passenger vehicle.

2007, c. 40, s. 11; 2009, c. 55, s. 2; 2018, c. 7, s. 10.

67. To obtain a licence, a person, unless exempted by regulation, must pass the proficiency examinations of the Société, which shall establish the formalities, procedures and content relating to each class of licence and the minimum period of time which must lapse before a person who has failed an examination may again undergo such an examination.

The person must be at least 14 years of age in the case of a licence to drive a moped exclusively and 16 years of age in other cases.

The Société may designate, on the conditions it determines, persons to conduct the theoretical proficiency examinations.

1986, c. 91, s. 67; 1990, c. 19, s. 11; 1990, c. 83, s. 30; 2000, c. 31, s. 1; 2018, c. 7, s. 11.

68. A minor applying for a licence must furnish to the Société the written consent of the person having parental authority or, failing such a person, the consent of the person having legal custody of the minor.

The first paragraph does not apply to a minor if he is emancipated or engaged in trade, provided that he proves his status.

1986, c. 91, s. 68; 1990, c. 19, s. 11.

69. To obtain or renew a licence, a person must satisfy the conditions and comply with the formalities established by regulation, and, except in the cases prescribed by regulation, pay the Société the fees fixed by regulation. He must also, to obtain a licence, except in the cases prescribed by regulation, pay the Société the duties fixed by regulation and the insurance contribution fixed pursuant to sections 151 and 151.2 of the Automobile Insurance Act (chapter A-25).

Notwithstanding the first paragraph, where a person is applying for his learner’s licence only for the duration of the practical session of his proficiency examination, he is not required to pay the amounts prescribed in the first paragraph.

1986, c. 91, s. 69; 1987, c. 94, s. 8; 1990, c. 19, s. 11; 1990, c. 83, s. 31; 1993, c. 57, s. 7; 1995, c. 6, s. 3; 2004, c. 34, s. 24; 2022, c. 13, s. 21.

69.1. The Société may appoint, on the conditions it establishes, persons it shall authorize to collect on its behalf the amounts prescribed in section 93.1 as well as to carry out any operation it indicates, and determine the amount and mode of remuneration of those persons.

1988, c. 68, s. 1; 1990, c. 19, s. 11; 1990, c. 83, s. 32; 2018, c. 7, s. 12.

70. To have the class of his licence changed or to have another class added to it, a person must meet the conditions for obtaining a licence of the class he is applying for.

1986, c. 91, s. 70.

71. (Repealed).

1986, c. 91, s. 71; 1990, c. 19, s. 11; 1990, c. 83, s. 33; 1996, c. 56, s. 15.

72. (Repealed).

1986, c. 91, s. 72; 1990, c. 19, s. 11; 1990, c. 83, s. 34; 1996, c. 56, s. 15.

73. The Société may require a person applying for a licence or for the renewal of a licence, to have the class of his licence changed or to have another class added to it, or to have a condition appearing on his licence removed, to undergo a medical examination or health assessment by such health professional as the Société may designate by name. The person must, where so required by the Société, submit to it a report of the examination or assessment within the time it indicates, which may in no case exceed 90 days.

In addition, the Société may require that the examination or assessment be carried out in a hospital centre or in a rehabilitation centre it designates by name or that belongs to the class it specifies among the classes established by section 86 of the Act respecting health services and social services (chapter S-4.2).

If the assessment is carried out in an alcohol and drug rehabilitation centre or in a hospital centre offering alcohol and drug rehabilitation services, it must be carried out by a person authorized by that centre according to the rules established by agreement between the Société and the centre and between the Société and the Association des centres de réadaptation en dépendance du Québec.

The Société may also require that a person applying for the removal of a condition appearing on his licence undergo a proficiency examination.

If the medical examination of a person shows that the person has a disorder related to the consumption of alcohol or if a health assessment establishes that the person’s relationship with alcohol or drugs compromises the safe operation of a road vehicle corresponding to the class of licence concerned, the person may be authorized to drive such a vehicle under a driver’s licence or a probationary licence only if the vehicle is equipped with an alcohol ignition interlock device approved by the Société.

1986, c. 91, s. 73; 1987, c. 94, s. 9; 1990, c. 19, s. 11; 1996, c. 56, s. 16; 2001, c. 29, s. 2; 2004, c. 2, s. 9; 2010, c. 34, s. 4; 2018, c. 19, s. 23; 2020, c. 6, s. 14.

74. (Repealed).

1986, c. 91, s. 74; 1988, c. 68, s. 2.

75. A person who has not been authorized to drive a road vehicle for three years or longer must pass the proficiency examinations prescribed by section 67 to obtain a driver’s licence.

1986, c. 91, s. 75; 1995, c. 6, s. 4.

76. Subject to section 76.1.1, no licence may be issued to a person whose licence has been cancelled or whose right to obtain a licence has been suspended following a conviction for an offence under the Criminal Code (R.S.C. 1985, c. C-46) listed in section 180 of this Code before a period of one, three or five years has elapsed since the date of the cancellation or suspension, depending on whether, during the 10 years before the cancellation or suspension, the person incurred no cancellation or suspension, one cancellation or suspension or two or more cancellations or suspensions under that section.

If the conviction is followed by an order prohibiting the offender from operating a road vehicle under Part VIII.1 of the Criminal Code on offences relating to conveyances for a longer period than the period applicable under the first paragraph, the period prescribed in the order is the applicable period.

1986, c. 91, s. 76; 1988, c. 68, s. 3; 1996, c. 56, s. 17; 2001, c. 29, s. 3; 2007, c. 40, s. 12; 2018, c. 19, s. 24.

76.1. When the offence for which the cancellation or suspension is incurred is fleeing from a peace officer or failing to stop after an accident, the one-and three-year sanction periods under the first paragraph of section 76 are extended by three and two years respectively.

1996, c. 56, s. 18; 2001, c. 29, s. 4; 2002, c. 29, s. 8; 2007, c. 40, s. 12; 2018, c. 19, s. 25.

76.1.1. As soon as the order of prohibition referred to in the second paragraph of section 76 expires or, unless the court orders otherwise, as soon as the minimum absolute prohibition period under the Criminal Code expires, a person who has incurred a cancellation or suspension for an alcohol- or drug-related offence, for having a high blood alcohol concentration level or for failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs may be authorized, under a restricted licence, to drive a road vehicle mandatorily equipped with an alcohol ignition interlock device approved by the Société.

2007, c. 40, s. 12; 2010, c. 34, s. 5; 2018, c. 19, s. 26.

76.1.2. When the offence for which a cancellation or suspension is incurred is an alcohol- or drug-related offence and if, during the 10 years before cancellation or suspension, the person incurred no cancellation or suspension for an alcohol- or drug-related offence, for having a high blood alcohol concentration level or for failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs, the person must, to obtain a new licence, establish by means of a summary assessment that the person’s relationship with alcohol or drugs does not compromise the safe operation of a road vehicle corresponding to the class of licence applied for.

A person who fails a summary assessment must meet the requirement set out in the first paragraph by means of a comprehensive assessment.

A person who passes a summary assessment must, after paying the Société the related fees, successfully complete an education program accredited by the Minister of Transport that is designed to raise driver awareness about alcohol-and drug-related problems.

2007, c. 40, s. 12; 2018, c. 7, s. 13; 2018, c. 19, s. 27.

76.1.3. A new driver’s licence issued to a person referred to in section 76.1.2 who has passed a comprehensive assessment is subject to driving a road vehicle mandatorily equipped with an alcohol ignition interlock device approved by the Société for one year.

2007, c. 40, s. 12; 2010, c. 34, s. 6; 2018, c. 7, s. 14.

76.1.4. When the offence for which the cancellation or suspension is incurred is failing or refusing to comply with a peace officer’s demand or having a high blood alcohol concentration level, the one-and three-year sanction periods set out in the first paragraph of section 76 are extended by two years.

If, during the 10 years before the cancellation or suspension, the person incurred no cancellation or suspension for an alcohol- or drug-related offence, for having a high blood alcohol concentration level or for failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs, the person must, to obtain a new licence, establish by means of a comprehensive assessment that the person’s relationship with alcohol or drugs does not compromise the safe operation of a road vehicle corresponding to the class of licence applied for.

2007, c. 40, s. 12; 2010, c. 34, s. 7; 2018, c. 7, s. 15; 2018, c. 19, s. 28.

76.1.4.1. In order to obtain a new licence, a person is exempted from the comprehensive assessment provided for in section 76.1.4 if, between the date of the offence and that of the conviction, the person establishes by means of a health assessment under section 73 and paragraph 4 of section 109 that the person’s relationship with alcohol and drugs does not compromise the safe operation of a road vehicle corresponding to the class of licence concerned. However, the person must undergo an assessment to verify whether the status of the person’s relationship with alcohol and drugs has been maintained.

A health assessment that has not been completed by the date of conviction may be continued after that date with a view to obtaining an exemption under the first paragraph.

A person who fails the maintenance assessment provided for in the first paragraph must undergo the comprehensive assessment provided for in section 76.1.4.

2010, c. 34, s. 8; 2018, c. 7, s. 16.

76.1.5. A new licence issued to a person referred to in section 76.1.4 who has passed a comprehensive assessment or a maintenance assessment provided for in section 76.1.4.1 is subject to driving a road vehicle mandatorily equipped with an alcohol ignition interlock device approved by the Société for two years.

2007, c. 40, s. 12; 2010, c. 34, s. 9; 2018, c. 7, s. 17.

76.1.6. When the offence for which a cancellation or suspension is incurred is an alcohol- or drug-related offence, having a high blood alcohol concentration level or failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs and if, during the 10 years before the cancellation or suspension, the person incurred one or more cancellations or suspensions for any of those offences, the new licence and every subsequent licence issued to the person during the person’s lifetime is subject to the condition of driving a road vehicle equipped with an alcohol ignition interlock device approved by the Société.

However, in the case of a second licence cancellation or suspension, the person may, at the expiry of a 10-year period during which the person’s licence is subject to the condition of driving a vehicle equipped with an alcohol ignition interlock device, apply to the Court of Québec, civil practice chamber, to have the condition lifted, the onus being on the person to establish that the person’s relationship with alcohol or drugs does not compromise the safe operation of a road vehicle.

When computing the period referred to in the second paragraph, any time during which the person was not authorized to drive a road vehicle, whether because the person did not hold a licence or the person’s licence was subject to a sanction, must be disregarded.

2007, c. 40, s. 12; 2010, c. 34, s. 10; 2018, c. 7, s. 18; 2018, c. 19, s. 29.

76.1.6.1. The application shall be presented before the court of the applicant’s domicile and served on the Société at least 60 days before the date fixed for its presentation.

The application must be accompanied by any document that the applicant intends to produce as evidence.

2018, c. 7, s. 19.

76.1.6.2. When the application is served on it, the Société shall transmit to the court and to the applicant, 30 days before the date fixed for the presentation of the application, the data collected by the alcohol ignition interlock device and any relevant information held by the Société in respect of the applicant.

The Société may plead any ground of law or fact to oppose the conclusions sought in the application.

2018, c. 7, s. 19.

76.1.6.3. When a person referred to in section 76.1.6 incurs a new cancellation or suspension, the person remains subject to the conditions specified in that section for obtaining a new licence and need not undergo the assessments imposed by sections 76.1.2, 76.1.4 and 76.1.4.1.

2018, c. 7, s. 19.

76.1.6.4. The application of the provisions of this Code concerning the medical examinations or the assessments imposed on a person with a disorder related to the consumption of alcohol and the application of the provisions of the second paragraph of section 64 concerning the operation of a vehicle equipped with an alcohol ignition interlock device approved by the Société, at the driver’s request, are suspended with respect to a person referred to in section 76.1.6 for as long as the person’s new licence, or any subsequent licence issued to the person during the person’s lifetime, is subject to the condition of driving a vehicle equipped with an alcohol ignition interlock device.

2018, c. 7, s. 19.

76.1.7. For the purposes of sections 76.1 to 76.1.6,

(1)  “an alcohol- or drug-related offence” means any offence under section 320.14 of the Criminal Code (R.S.C. 1985, c. C-46) other than having a high blood alcohol concentration level;

(2)  “having a high blood alcohol concentration level” means any offence under section 320.14 of the Criminal Code for which a court decision states that the offender’s blood alcohol concentration level at the time of the offence was equal to or in excess of 160 mg of alcohol in 100 ml of blood;

(3)  “failing or refusing to comply with a peace officer’s demand” means any offence under section 320.15 of the Criminal Code following an order made under section 320.27 or 320.28 of the Criminal Code;

(4)  “failing to stop after an accident” means any offence under section 320.16 of the Criminal Code; and

(5)  “fleeing from a peace officer” means any offence under section 320.17 of the Criminal Code.

2007, c. 40, s. 12; 2008, c. 14, s. 7; 2010, c. 34, s. 11; 2018, c. 19, s. 30.

76.1.8. If a person fails the assessment required under section 76.1.2, 76.1.4 or 76.1.4.1 or refuses to undergo an assessment, the Société may, for the period it determines, issue a probationary licence or a driver’s licence authorizing the person to drive a road vehicle mandatorily equipped with an alcohol ignition interlock device approved by the Société.

2007, c. 40, s. 12; 2010, c. 34, s. 12.

76.1.9. Alcohol and drug rehabilitation centres and hospital centres offering rehabilitation services for alcoholics and drug addicts are responsible for the assessments referred to in sections 64, 76.1.2, 76.1.4 and 76.1.4.1. The assessments are carried out by persons authorized by those centres according to rules determined by agreement between the Société and those centres and between the Société and the Association des centres de réadaptation en dépendance du Québec.

2007, c. 40, s. 12; 2010, c. 34, s. 13.

76.1.10. When computing the one- and two-year periods set out in sections 76.1.3 and 76.1.5, any time during which the licence was suspended or the person was prohibited from driving a road vehicle under the first paragraph of section 93.1 must be disregarded.

2007, c. 40, s. 12; 2018, c. 7, s. 20.

76.1.11. If the cancelled licence was a learner’s licence, the new licence is also a learner’s licence and the person must complete any unfinished learning period, after which the person may only obtain a licence authorizing the person to drive a road vehicle mandatorily equipped with an alcohol ignition interlock device approved by the Société for the period referred to in sections 76.1.3, 76.1.5 and 76.1.6.

2007, c. 40, s. 12.

76.1.12. The Société may exempt a person from the requirement under section 76.1.3, 76.1.5 or 76.1.6 to equip the vehicle the person drives with an alcohol ignition interlock device if exceptional medical reasons warrant such a decision. The person is prohibited from operating a vehicle or having the care or control of a vehicle if there is any alcohol in the person’s body. The Société may require the person to provide information and documents concerning the person’s relationship with alcohol.

2007, c. 40, s. 12.

76.2. The holder of a restricted licence issued under section 76.1.1 who drives a road vehicle that is not equipped with the alcohol ignition interlock device referred to in that section or who does not comply with the conditions on which the alcohol ignition interlock device is to be used is deemed to drive while disqualified within the meaning of section 106.1.

1996, c. 56, s. 18; 2001, c. 29, s. 5; 2007, c. 40, s. 13.

76.3. No restricted licence may be issued under section 76.1.1 if the licence cancelled is a learner’s licence or if the applicant has never held a probationary licence or a driver’s licence authorizing the operation of a passenger vehicle other than a moped or a motorcycle.

1996, c. 56, s. 18; 2001, c. 29, s. 6; 2007, c. 40, s. 13.

76.4. Sections 69, 93, 95 to 98 and 102 to 104, adapted as required, apply to the restricted licence referred to in section 76.1.1.

1996, c. 56, s. 18; 2007, c. 40, s. 13.

77. (Repealed).

1986, c. 91, s. 77; 2000, c. 64, s. 2.

78. (Repealed).

1986, c. 91, s. 78; 1990, c. 19, s. 11; 2019, c. 18, s. 226.

79. (Repealed).

1986, c. 91, s. 79; 2007, c. 40, s. 14.

80. (Repealed).

1986, c. 91, s. 80; 2000, c. 64, s. 2.

80.1. A person whose licence has been cancelled or whose right to obtain a licence has been suspended pursuant to section 187.1 must, to obtain a licence, comply with the conditions and formalities established by regulation.

No licence may be issued to that person from the date of cancellation of his licence or suspension of his right to obtain a licence until the lapse of

(1)  a period of three months if the person, during the two years preceding that cancellation or suspension, incurred no other cancellation or suspension;

(2)  a period of six months if the person, during the two years preceding that cancellation or suspension, incurred only one cancellation or suspension;

(3)  a period of one year if the person had, during the two years preceding that cancellation or suspension, incurred more than one other cancellation or suspension.

1987, c. 94, s. 10; 1990, c. 83, s. 35.

80.2. (Repealed).

1987, c. 94, s. 10; 2000, c. 64, s. 2.

80.3. (Repealed).

1987, c. 94, s. 10; 1998, c. 40, s. 62.

80.4. (Repealed).

1987, c. 94, s. 10; 2000, c. 64, s. 2.

81. The Société may refuse to issue a licence or to change the class of or add another class to a licence if the applicant

(1)  refuses to undergo a medical examination or assessment under section 64, 73, 76.1.2, 76.1.4 or 76.1.4.1 or fails to submit the report of such an examination or assessment to it;

(2)  according to a report of an examination or assessment carried out under section 64, 73, 76.1.2, 76.1.4 or 76.1.4.1 or a report referred to in section 603, suffers from an illness or deficiency or is in a condition which under the medical or health standards prescribed by regulation is relatively inconsistent with the driving of a road vehicle corresponding to the class of licence applied for;

(3)  according to the report of an examination or assessment carried out under section 64, 73, 76.1.2, 76.1.4 or 76.1.4.1 or a report referred to in section 603, suffers from an illness or deficiency or is in a condition not covered by the medical or health standards prescribed by regulation but which, in the opinion of a health care professional or such other professional as the Société may designate by name or of a person authorized by an alcohol and drug rehabilitation centre, is incompatible with the driving of a road vehicle corresponding to the class of licence applied for;

(4)  refuses to undergo or fails a proficiency examination;

(5)  is indebted to the Société in respect of the amounts prescribed in any of sections 21, 31.1, 69 and 93.1 or in respect of the fee exigible for the issue of a certificate of mechanical inspection, an inspection sticker or a photometric inspection certificate.

1986, c. 91, s. 81; 1987, c. 94, s. 11; 1990, c. 19, s. 11; 1990, c. 83, s. 36; 1996, c. 56, s. 19; 2002, c. 29, s. 9; 2004, c. 2, s. 10; 2007, c. 40, s. 15; 2010, c. 34, s. 14.

82. The Société may refuse to remove a condition appearing on a licence if the holder

(1)  refuses to undergo a medical examination or health or behaviour assessment under section 73 or fails to submit the report of such an examination or assessment to it;

(2)  according to a report of an examination or assessment carried out under section 73, still suffers from the illness or deficiency or is still in the condition which led the Société to attach the condition to his licence;

(3)  refuses to undergo a proficiency examination or fails it.

1986, c. 91, s. 82; 1987, c. 94, s. 12; 1990, c. 19, s. 11; 1996, c. 56, s. 20.

83. The Société must refuse to issue a licence or to change the class of or add another class to a licence if the applicant

(1)  does not meet the requirements for the issue of a licence of the class applied for;

(2)  according to a report of an examination or assessment carried out under section 64, 73, 76.1.2, 76.1.4 or 76.1.4.1 or a report referred to in section 603, suffers from an illness or deficiency or is in a condition which, under the medical or health standards established by regulation, is essentially inconsistent with the driving of a road vehicle corresponding to the class of licence applied for;

(3)  is under a prohibition to operate a motor vehicle, or has incurred the cancellation or suspension of his licence or class of that licence or the suspension of his right to obtain a licence or class of licence that is in effect or imposed and not yet in effect, including those incurred under a law of Canada, of another province or territory of Canada or under a law of a State of the United States;

(4)  does not comply with the conditions and formalities referred to in sections 76 to 76.1.12, 80.1, 185 and 191.2;

(5)  does not meet the requirement set out in the second paragraph of section 67;

(6)  refuses to be photographed by the Société or to affix his signature, in the manner indicated by the Société.

1986, c. 91, s. 83; 1988, c. 68, s. 4; 1990, c. 19, s. 11; 1990, c. 83, s. 37; 1995, c. 6, s. 5; 1996, c. 56, s. 21; 2004, c. 2, s. 11; 2007, c. 40, s. 16; 2010, c. 34, s. 15.

83.1. Notwithstanding paragraph 2 of section 83, the Société may issue a licence, change its class or add another class to it if the applicant establishes to the satisfaction of the Société

(1)  that he has developed compensatory abilities enabling him to drive a road vehicle corresponding to the class of the licence applied for without constituting a hazard to public safety; or

(2)  that he can drive a road vehicle corresponding to the class of the licence applied for by complying with conditions related to his functional capability which enable him to drive the vehicle without constituting a hazard to public safety.

1990, c. 83, s. 38.

84. (Repealed).

1986, c. 91, s. 84; 1990, c. 19, s. 11; 1990, c. 4, s. 213; 2003, c. 5, s. 4.

DIVISION II RIGHTS AND OBLIGATIONS OF NON-RESIDENTS

85. A non-resident may drive a road vehicle for a period of not over six consecutive months without holding a licence issued by the Société if he meets the following requirements:

(1)  he holds a valid driver’s licence issued by another administrative authority which grants the same right to residents of Québec;

(2)  the driver’s licence issued by that other administrative authority authorizes him to drive a vehicle of the class of vehicles he drives in Québec;

(3)  he respects the conditions attached to the driver’s licence he holds;

(4)  his right to obtain a licence or a class of licence issued by the Société has not been suspended.

1986, c. 91, s. 85; 1990, c. 19, s. 11; 1990, c. 83, s. 39.

86. A foreign student, coopérant or trainee staying in Québec may drive a passenger vehicle during his period of studies or training without holding a licence issued by the Société if he meets the requirements of section 85.

1986, c. 91, s. 86; 1990, c. 19, s. 11.

87. A non-resident whose main occupation is driving a road vehicle and who drives a road vehicle in Québec is exempt from the obligation of obtaining a licence from the Société if he holds a valid driver’s licence issued by another administrative authority authorizing him to drive the road vehicle that he is driving in Québec.

1986, c. 91, s. 87; 1987, c. 94, s. 13; 1990, c. 19, s. 11.

88. Notwithstanding sections 85 and 86, a non-resident holding an International Driver’s Permit may, while it is valid, drive the road vehicles he is authorized to drive by the licence on the basis of which the International Driver’s Permit was issued to him.

1986, c. 91, s. 88.

89. A person holding a valid driver’s licence issued by another administrative authority may, during the six months after settling in Québec, drive a passenger vehicle in Québec without obtaining a licence from the Société.

1986, c. 91, s. 89; 1990, c. 19, s. 11; 2010, c. 34, s. 16.

90. A person holding a valid driver’s licence issued in Canada by another administrative authority may, if he settles in Québec, exchange that licence, without an examination, for a driver’s licence issued by the Société, on payment of the duties and fee prescribed by regulation and the amount fixed under section 151 of the Automobile Insurance Act (chapter A-25).

Any person whose driver’s licence issued in Canada has been expired for less than three years and who settles in Québec may obtain a driver’s licence from the Société without undergoing an examination, on payment of the amounts prescribed in the first paragraph.

Notwithstanding the foregoing, the Société may require that the person referred to in the first paragraph or in the second paragraph undergo an examination to obtain a licence authorizing him to drive a commercial vehicle, an emergency vehicle, a bus or a minibus.

1986, c. 91, s. 90; 1987, c. 94, s. 14; 1990, c. 19, s. 11; 2008, c. 14, s. 8; 2019, c. 18, s. 227.

90.1. (Repealed).

1990, c. 83, s. 41; 2002, c. 29, s. 10.

91. Any person holding a driver’s licence issued outside Canada who settles in Québec may on request, provided the particulars and validity of the holder’s title can be verified directly with the administrative authority concerned through the use of information technology, exchange that licence, without undergoing a proficiency examination, for an equivalent driver’s licence issued by the Société.

Any person whose driver’s licence issued outside Canada has been expired for less than three years and who settles in Québec may obtain a driver’s licence without undergoing a proficiency examination provided the particulars and the validity of the person’s title can be established in accordance with the first paragraph.

However, the person must pass the proficiency examinations referred to in section 67 to obtain a licence to drive a bus, a minibus, a motorcycle or a commercial vehicle or to operate an emergency vehicle.

1986, c. 91, s. 91; 1987, c. 94, s. 15; 1990, c. 19, s. 11; 1996, c. 56, s. 22; 2002, c. 29, s. 11; 2008, c. 14, s. 9; 2019, c. 18, s. 227.

91.1. Any person holding a valid driver’s licence for the operation of a passenger vehicle issued outside Canada who settles in Québec may on request, if the administrative authority concerned has entered into a licence exchange agreement pursuant to section 629, exchange that licence, without undergoing a proficiency examination, for an equivalent driver’s licence issued by the Société.

However, the person must pass the proficiency examinations referred to in section 67 to obtain a licence to drive a motorcycle.

The Société may exempt a person from surrendering to the Société the licence issued in his or her country of origin.

2002, c. 29, s. 11.

91.2. A regulation of the Government shall determine the time within which a licence exchange under section 91 or 91.1 must be applied for. The applicant must pay the duties and fees prescribed by regulation and the amount fixed under section 151 of the Automobile Insurance Act (chapter A-25).

2002, c. 29, s. 11.

91.3. A person who has held a driver’s licence for at least one year who settles in Québec after living in a country in respect of which sections 90, 91 and 91.1 do not apply and who therefore is not eligible for a licence exchange under those sections is exempted from having to hold a learner’s licence before obtaining a driver’s licence for the operation of a passenger vehicle, except as regards the operation of a motorcycle.

A regulation of the Government shall determine the time within which a licence must be applied for and the number of times a person may retake the proficiency examinations referred to in section 67 before losing the exemption and shall prescribe any special conditions for obtaining a licence.

2002, c. 29, s. 11.

91.4. A person holding a valid driver’s licence or a licence expired for less than three years that was issued outside Canada who once held a driver’s licence issued in Québec for the operation of the same categories of road vehicles as the licence applied for is exempted from the proficiency examinations referred to in section 67.

2002, c. 29, s. 11.

92. For the duration of their assignment, the following persons may, without an examination and without paying the duties fixed by regulation, obtain a driver’s licence:

(1)  a member of a diplomatic mission established in Canada or a consular post established in Québec;

(2)  a member of a permanent representation of a foreign State that is accredited to an international government organization having entered into an agreement with the government regarding its establishment in Québec;

(3)  an employee of an international government organization referred to in subparagraph 2;

(4)  a member of an office of a political division of a foreign State who is granted fiscal privileges under section 96 of the Tax Administration Act (chapter A-6.002);

(5)  an employee of an international non-governmental organization having entered into an agreement with the government regarding its establishment in Québec; and

(6)  the spouses of the persons referred to in subparagraphs 1 to 5 and their children of full age who are financially dependent on them and reside with them.

Those persons must meet the following conditions:

(1)  hold a valid driver’s licence corresponding to the licence applied for;

(2)  be registered with the Ministère des Relations internationales;

(3)  not have Canadian citizenship or permanent resident status in Canada;

(4)  not carry on any business or hold any position or employment in Québec other than, in the case of the persons referred to in subparagraphs 1 to 5 of the first paragraph, their duties with the foreign State, political division of a foreign State or organization concerned; and

(5)  have paid the fees fixed by regulation and the insurance contribution fixed under sections 151 and 151.2 of the Automobile Insurance Act (chapter A-25).

Despite the first paragraph, a member of the service staff of a diplomatic mission or consular post referred to in subparagraph 1 of the first paragraph or a member of the service staff of a permanent representation referred to in subparagraph 2 of that paragraph is not exempt from paying the duties fixed by regulation. The same applies to his spouse and his children of full age who are financially dependent on him and reside with him.

1986, c. 91, s. 92; 1988, c. 41, s. 87; 1988, c. 68, s. 5; 1990, c. 19, s. 11; 1990, c. 83, s. 43; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 2002, c. 6, s. 90; 2022, c. 13, s. 23.

92.0.1. In the cases provided for in sections 90, 91, 91.1, 91.3 and 92, the licence issued by the Société is a probationary licence if the applicant has held a valid driver’s licence for less than two years.

1990, c. 83, s. 44; 1996, c. 56, s. 23; 2002, c. 29, s. 12; 2007, c. 40, s. 17.

92.1. (Repealed).

1987, c. 94, s. 16; 2003, c. 5, s. 5.

DIVISION III CONDITIONS ATTACHED TO LICENCES

93. A licence issued in paper form must be signed by the holder.

All licences must bear the identifying mark of the Société or the signature of a person authorized by the Société.

1986, c. 91, s. 93; 1990, c. 19, s. 11; 1995, c. 6, s. 6.

93.1. The holder of a driver’s licence or a restricted licence issued under section 76.1.1 must, at the intervals prescribed by regulation, pay the Société the fees fixed by regulation, the duties fixed by regulation and the insurance contribution fixed pursuant to section 151 of the Automobile Insurance Act (chapter A-25) within the period determined by regulation. If, on the due date, the licence holder has not made the required payments or notified the Société of his intention to pay by pre-authorized debit, he may not, as of the first day following the due date, and without further notice, drive any road vehicle.

The holder of a probationary licence must, before his licence expires, pay the sums referred to in section 69 to obtain his first driver’s licence or advise the Société that he does not intend to apply for a driver’s licence.

The holder of a driver’s licence or a restricted licence issued under section 76.1.1 who, within the period determined by regulation, requests that his licence be cancelled or advises the Société that he does not intend to apply for its renewal is not required to pay the sums referred to in the first paragraph.

A person who has failed to comply with the first or second paragraph and applies to the Société, during the period corresponding to the payment of the sums referred to in the first or second paragraph, for the issue of his first driver’s licence, the renewal of his driver’s licence or his restricted licence issued under section 76.1.1 or authorization to resume driving road vehicles, must pay those sums and the additional fees prescribed by regulation, in accordance with the terms and conditions prescribed by regulation.

1990, c. 83, s. 45; 1993, c. 57, s. 8; 1995, c. 6, s. 7; 2004, c. 34, s. 25; 2008, c. 14, s. 10; 2007, c. 40, s. 18; 2022, c. 13, s. 24.

94. No person may hold more than one learner’s licence, more than one probationary licence or more than one driver’s licence of the same class issued by the Société.

No person may at the same time hold a learner’s licence and a probationary licence of the same class issued by the Société.

No person may at the same time hold a learner’s licence and a driver’s licence of the same class issued by the Société.

No person may at the same time hold a probationary licence and a driver’s licence of the same class issued by the Société.

Except in the cases and on the conditions prescribed by regulation,

(1)  no person holding a driver’s licence issued by the Société may at the same time hold a valid driver’s licence issued by another administrative authority in Canada;

(2)  no person holding a valid driver’s licence issued by another administrative authority in Canada may, when driving a road vehicle in Québec, hold more than one valid driver’s licence issued by an administrative authority in Canada;

(3)  no person holding a driver’s licence issued by the Société may at the same time hold a valid driver’s licence issued by an administrative authority in the United States;

(4)  no person holding a valid driver’s licence issued by another administrative authority in Canada may, when driving a road vehicle in Québec, at the same time hold a valid driver’s licence issued by an administrative authority in the United States;

(5)  no person holding a valid driver’s licence issued by an administrative authority in the United States may, when driving a road vehicle in Québec, at the same time hold a valid driver’s licence issued by another administrative authority in the United States.

1986, c. 91, s. 94; 1987, c. 94, s. 17; 1990, c. 19, s. 11; 1990, c. 83, s. 46.

95. The holder of a licence must inform the Société, on making payment of amounts required to be paid under section 93.1, of any change concerning the documents and information which must be provided on obtaining or renewing a licence.

He must also inform the Société of any such changes within 30 days after the change.

1986, c. 91, s. 95; 1990, c. 19, s. 11; 1990, c. 83, s. 47.

95.1. The holder of a licence of a class authorizing the operation of an emergency vehicle whose licence or class of licence has been modified, suspended or cancelled must inform the owner of the emergency vehicle without delay in the manner prescribed by regulation.

2001, c. 29, s. 7; 2002, c. 29, s. 13; 2019, c. 18, s. 228.

96. No person may permit the use of his licence by another person.

No person may use a licence issued to another person.

1986, c. 91, s. 96.

97. The person driving a road vehicle or having the care or control of a road vehicle must carry his licence.

1986, c. 91, s. 97; 1996, c. 56, s. 24; 1998, c. 40, s. 63; 2000, c. 64, s. 3; 2003, c. 8, s. 6; 2004, c. 2, s. 12.

98. The holder of a licence must comply with the conditions attached to his licence.

1986, c. 91, s. 98.

98.1. (Repealed).

2001, c. 29, s. 8; 2004, c. 2, s. 13; 2007, c. 40, s. 19; 2010, c. 34, s. 17.

99. The holder of a learner’s licence must, when driving a road vehicle other than a moped or a motorcycle, be assisted by a person who has held, for at least two years, a valid driver’s licence of the appropriate class for driving that vehicle. The person must be seated beside the holder of the learner’s licence, and be in a position to give him assistance and advice.

The person assisting the holder of the learner’s licence must carry his driver’s licence with him, which must contain, where applicable, the particulars prescribed by regulation.

Holders of a class 5 or class 6A learner’s licence, as determined by regulation, are prohibited from driving a road vehicle covered by either class between midnight and 5 a.m.

The holder of a learner’s licence driving a motorcycle may not carry passengers.

A government regulation may, in the cases and on the conditions it determines, exempt the holder of a learner’s licence from the assistance conditions set out in the first paragraph or prescribe different conditions.

1986, c. 91, s. 99; 1996, c. 56, s. 25; 2000, c. 64, s. 4; 2018, c. 7, s. 21.

100. The driver of a road vehicle who holds a class 5 probationary licence, as determined by regulation, and who is 19 years of age or younger is subject to the following rules in the year after the licence is issued:

(1)  for the first six months, the driver may only carry one passenger 19 years of age or younger between midnight and 5 a.m.; and

(2)  for the next six months, the driver may only carry three passengers 19 years of age or younger between midnight and 5 a.m.

The rules set out in the first paragraph do not apply if one of the passengers has held, for at least two years, a valid driver’s licence of the appropriate class for driving the vehicle, is seated beside the driver and is in a position to give the driver assistance and advice.

For the purposes of the first paragraph, a passenger who is a member of the driver’s immediate family is not taken into account in the computation of the number of passengers.

“Driver’s immediate family” means

(1)  the driver’s married, civil union or de facto spouse;

(2)  the driver’s children and the driver’s spouse’s children;

(3)  the driver’s brothers and sisters; and

(4)  any other child of the driver’s father or mother or of one of the driver’s parents or of either’s spouse.

A peace officer who has reasonable grounds to suspect that a driver is contravening this section may ask a passenger to identify himself or herself, in which case the passenger shall give the peace officer the following information, which the passenger may provide verbally:

(1)  the passenger’s name and address;

(2)  the passenger’s date of birth; and

(3)  if applicable, the nature of the passenger’s family relationship with the driver.

1986, c. 91, s. 100; 1996, c. 56, s. 26; 2000, c. 64, s. 5; 2018, c. 7, s. 22; 2022, c. 22, s. 226.

101. (Repealed).

1986, c. 91, s. 101; 1990, c. 19, s. 11; 1996, c. 56, s. 27.

102. Every person referred to in sections 97, 99 and 100 must surrender his licence for inspection at the request of a peace officer.

The peace officer must return the licence to its holder as soon as he has inspected it.

1986, c. 91, s. 102; 2007, c. 40, s. 20.

103. The holder of an illegible or damaged licence or of a licence containing inaccurate information shall request the Société to replace it.

1986, c. 91, s. 103; 1990, c. 19, s. 11; 1990, c. 83, s. 48.

104. Upon proof that a licence is illegible or damaged or has been destroyed, lost or stolen or that it contains false information, the Société shall replace it upon payment of the fee fixed by regulation.

1986, c. 91, s. 104; 1990, c. 19, s. 11; 1990, c. 83, s. 49.

105. No person under a sanction may drive a road vehicle even if he holds a valid driver’s licence issued by another administrative authority or an International Driver’s Permit.

However, the holder of a restricted licence may, subject to section 195.1, drive a road vehicle to carry on his principal means of livelihood.

1986, c. 91, s. 105; 1990, c. 19, s. 11; 1993, c. 42, s. 1; 1996, c. 56, s. 28.

106. The owner or lessee of a road vehicle or the person having the control of a road vehicle may not allow the vehicle to be driven by a person who is not the holder of a licence of the appropriate class for driving the vehicle or by a person under a sanction, even if the latter is the holder of a valid driver’s licence issued by another administrative authority or of an International Driver’s Permit.

However, he may allow the latter to drive the vehicle if that person is, subject to section 195.1, the holder of a restricted licence and drives the vehicle to carry on his principal means of livelihood.

1986, c. 91, s. 106; 1993, c. 42, s. 2; 1996, c. 56, s. 29.

106.1. For the purposes of sections 105 and 106, the term “sanction” means the cancellation or suspension of the licence authorizing the driving of a road vehicle or of a class of such a licence and the suspension of the right to obtain such a licence or such a class. It includes the cancellation and suspension pronounced by any administrative authority other than the Société.

1993, c. 42, s. 3.

107. A person whose licence or a class thereof has been suspended or cancelled must, at the request of the Société, return his licence to the Société on the date the suspension or cancellation takes effect or on any later date fixed by the Société.

The Société may request a peace officer to confiscate the licence of any person who refuses or omits to comply with that requirement. The person must immediately remit his licence to the peace officer who requests him to do so and informs him of the reasons therefor.

The Société may also require the surrender of any other licence issued by another administrative authority.

1986, c. 91, s. 107; 1990, c. 19, s. 11; 1990, c. 83, s. 50.

108. The Société shall advise the holder of a licence whose classes or conditions do not correspond to those fixed in his regard that he must have the licence replaced within the time indicated by the Société.

The replacement is, in the cases determined by regulation, subject to the payment of the fees fixed by regulation.

1986, c. 91, s. 108; 1990, c. 19, s. 11; 1995, c. 6, s. 8; 2004, c. 2, s. 14.

109. The Société may require the holder of a licence to undergo an examination or assessment referred to in section 67 or 73 where

(1)  he has reached 70 years of age;

(2)  his licence authorizes him to drive a commercial vehicle, an emergency vehicle, a bus or a minibus;

(3)  he has not undergone an examination for 10 years;

(4)  it has reasonable grounds to require that the state of his health or his performance as a driver be evaluated;

(5)  he has not been authorized to drive a road vehicle for three years or longer.

1986, c. 91, s. 109; 1990, c. 19, s. 11; 1995, c. 6, s. 9; 1996, c. 56, s. 30; 2019, c. 18, s. 229.

DIVISION IV DEMERIT POINTS

110. This division applies to every person, except a cyclist or pedestrian, who is convicted of an offence for which demerit points are prescribed, including a person deemed to be convicted of such an offence.

1986, c. 91, s. 110; 1992, c. 61, s. 131; 2018, c. 7, s. 23.

111. The Société shall administer a system of demerit points prescribed by regulation, under which the cancellation of a licence or the suspension of the right to obtain a licence may be incurred.

Demerit points shall be prescribed

(1)  for an offence against a provision of this Code;

(2)  for an offence the description of which corresponds to an offence against a provision of this Code and which is in violation of

(a)  a by-law in force in a municipality;

(b)  an Act of Canada other than the Criminal Code (R.S.C. 1985, c. C-46), or a regulation of Canada in the case of an offence committed in a territory under the jurisdiction of the Government of Canada.

The system of demerit points referred to in this section also includes demerit points prescribed by regulation under section 19 of the Act respecting off-highway vehicles (chapter V-1.3) for an offence against a provision of that Act, where provided for by such a regulation. The points must be entered in the person’s file and be considered in the same manner as the demerit points prescribed under the second paragraph.

1986, c. 91, s. 111; 1987, c. 94, s. 18; 1990, c. 19, s. 11; 1992, c. 61, s. 132; 2020, c. 26, s. 131.

112. The collector of fines, the clerk of a court, the clerk, secretary or clerk-treasurer of a municipality, the Director of Criminal and Penal Prosecutions or the director of a police department, as the case may be, shall inform the Société of any conviction in respect of which demerit points are prescribed.

The same applies to a person who accepts payment for an offence which, under this Code, entails the entry of demerit points.

1986, c. 91, s. 112; 1990, c. 19, s. 11; 1992, c. 61, s. 133; 2005, c. 34, s. 85; 2021, c. 31, s. 132.

113. Upon being informed of a conviction in accordance with section 112 or from the time it is in possession of such a judgment or proof thereof, the Société shall open a file, which it shall keep up to date, and enter therein the number of demerit points which corresponds to the offence committed.

1986, c. 91, s. 113; 1990, c. 19, s. 11; 1992, c. 61, s. 134.

114. As soon as the total number of demerit points entered in a person’s file attains the prescribed number, the Société shall send a notice to the person concerned, at the last address received by the Société, informing him of the number of points entered in his file and reminding him of its powers of cancellation and suspension.

1986, c. 91, s. 114; 1990, c. 19, s. 11.

115. Failure by the Société to give the notice referred to in section 114 does not nullify a notice given subsequently nor does it prevent the Société from subsequently exercising any power or duty under this division, under Chapter III and under Title V.

1986, c. 91, s. 115; 1990, c. 19, s. 11.

116. The number of demerit points entered by the Société in a person’s file becomes nil two years from the date of the judgment of conviction.

1986, c. 91, s. 116; 1990, c. 19, s. 11; 1992, c. 61, s. 135.

117. Whenever the Société renders a decision under section 185 or 191.2, it shall remove, in the file of the person concerned, a number of points equal to the number that justified the decision; the points most recently entered that are in excess of that number remain in the file, unless the excess number of points is equal to or higher than the number of points entailing the application of one of those sections, in which case it is brought down to the number that is one less than the number entailing a sanction.

1986, c. 91, s. 117; 1990, c. 19, s. 11; 1990, c. 83, s. 51; 2007, c. 40, s. 21.

117.1. A decision to cancel a licence or suspend the right to obtain a licence applies even if the number of demerit points entailing a cancellation or suspension is different from the number applicable at the time of the decision.

2007, c. 40, s. 22.

117.2. A decision to cancel a probationary licence applies to any licence to drive a road vehicle held by the person at the time the decision comes into force even if the probationary licence is expired and the number of demerit points for the cancellation is different from the number applicable at the time of the decision.

2007, c. 40, s. 22.

CHAPTER III RESTRICTED LICENCE AUTHORIZING THE DRIVING OF A ROAD VEHICLE TO CARRY ON A PRINCIPAL MEANS OF LIVELIHOOD

1996, c. 56, s. 31.

118. A restricted licence may be issued by the Société to a person whose driver’s licence has been cancelled under section 185 or whose probationary licence has been cancelled under section 191.2, by order of a judge of the Court of Québec, if the person proves to the judge that he must drive a road vehicle to carry on his principal means of livelihood.

1986, c. 91, s. 118; 1988, c. 21, s. 66; 1990, c. 19, s. 11; 1990, c. 83, s. 52; 2007, c. 40, s. 23.

119. The order directing that a restricted licence be issued falls within the jurisdiction of a judge in chambers and must be applied for to the court of the domicile or establishment of the applicant and served on the Société at least ten days before the date fixed for its presentation.

The clerk and the clerk’s staff must assist the person in the drafting of the application if he so requests.

1986, c. 91, s. 119; 1987, c. 94, s. 20; 1988, c. 21, s. 75; 1990, c. 19, s. 11; I.N. 2016-01-01 (NCCP).

120. Where an application is served on it pursuant to section 119, the Société shall transmit to the court, before the date fixed for the presentation of the application, any information held by it in respect of the applicant regarding the application of section 121.

1986, c. 91, s. 120; 1990, c. 19, s. 11; I.N. 2016-01-01 (NCCP).

121. No order directing that a restricted licence be issued may be given nor any restricted licence issued if

(1)  within the two years preceding the cancellation giving rise to the application for a restricted licence, the applicant’s driver’s licence was cancelled or his right to obtain a licence was suspended following a conviction for an offence under any of the provisions of the Criminal Code (R.S.C. 1985, c. C-46) referred to in section 180 or following the accumulation of demerit points, unless a pardon was obtained;

(2)  at the time of application, the applicant’s licence or his right to obtain a licence is under a suspension which is in effect or is imposed but has yet to take effect;

(3)  the sanction giving rise to an application for a restricted licence is not a driver’s licence cancellation imposed pursuant to section 185 or a cancellation of the probationary licence imposed pursuant to section 191.2;

(4)  (paragraph repealed);

(5)  a restricted licence would authorize the driving of a road vehicle that the applicant’s licence did not authorize him to drive;

(6)  the reason invoked to obtain a restricted licence is related to the business of remunerated passenger transportation by automobile referred to in section 3 of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2) and if, at the time the application is presented, the Société has cancelled the authorization it had granted the applicant or the applicant’s registration as a driver with an operator of an authorized transportation system has been struck off following a finding of guilt for an offence referred to in section 11 of that Act;

(7)  the licence cancelled is a learner’s licence.

For the purposes of subparagraph 1 of the first paragraph, the two-year period before the cancellation or suspension includes the day on which the sanction is imposed.

1986, c. 91, s. 121; 1990, c. 83, s. 53; 2001, c. 15, s. 129; 2007, c. 40, s. 24; I.N. 2016-01-01 (NCCP); 2019, c. 18, s. 230.

122. A restricted licence is valid from the date of its issue to the date of the end of the period which follows the cancellation giving rise to the issue of the restricted licence and during which its holder is not entitled to obtain a new driver’s licence or probationary licence.

1986, c. 91, s. 122; 1990, c. 83, s. 54; 2007, c. 40, s. 25.

123. A decision rendered pursuant to sections 118 to 121 is final and without appeal.

1986, c. 91, s. 123.

124. If, when an order directing that a restricted licence be issued is received by the Société, section 121 is applicable to the person referred to in the order, or if, between the date fixed for presenting his application and the date of issue of the restricted licence, the person’s right to obtain a licence is under a suspension which is in effect or imposed but has yet to take effect, the Société must so inform the judge who made the order. The judge may then revise his order after giving the applicant the opportunity of presenting his views.

1986, c. 91, s. 124; 1990, c. 19, s. 11; 1990, c. 83, s. 55.

125. The holder of a restricted licence who drives a road vehicle otherwise than to carry on his principal means of livelihood is presumed to be driving while his licence is cancelled or suspended within the meaning of section 105.

1986, c. 91, s. 125; 1990, c. 83, s. 56.

126. Sections 69, 93, 95 to 98 and 102 to 104 apply, adapted as required, to a restricted licence.

1986, c. 91, s. 126; 2007, c. 40, s. 26.

CHAPTER IV

Repealed, 1996, c. 56, s. 32.

1996, c. 56, s. 32.

127. (Repealed).

1986, c. 91, s. 127; 1990, c. 83, s. 57; 1990, c. 85, s. 122; 1996, c. 2, s. 214; 1996, c. 56, s. 32.

128. (Repealed).

1986, c. 91, s. 128; 1987, c. 94, s. 21; 1990, c. 83, s. 58; 1990, c. 85, s. 122; 1996, c. 2, s. 214; 1996, c. 56, s. 32.

129. (Repealed).

1986, c. 91, s. 129; 1990, c. 83, s. 59; 1996, c. 56, s. 32.

130. (Repealed).

1986, c. 91, s. 130; 1990, c. 19, s. 11; 1996, c. 56, s. 32.

131. (Repealed).

1986, c. 91, s. 131; 1996, c. 56, s. 32.

132. (Repealed).

1986, c. 91, s. 132; 1996, c. 56, s. 32.

133. (Repealed).

1986, c. 91, s. 133; 1996, c. 56, s. 32.

134. (Repealed).

1986, c. 91, s. 134; 1990, c. 19, s. 11; 1996, c. 56, s. 32.

135. (Repealed).

1986, c. 91, s. 135; 1990, c. 19, s. 11; 1996, c. 56, s. 32.

136. (Repealed).

1986, c. 91, s. 136; 1996, c. 56, s. 32.

CHAPTER V PENAL PROVISIONS

137. Every person who contravenes section 97 or section 103 is guilty of an offence and is liable to a fine of $30 to $60.

1986, c. 91, s. 137; 1990, c. 4, s. 212; 1996, c. 56, s. 33.

137.1. Every person who assists the holder of a learner’s licence and who contravenes section 99 or a regulatory provision determining the holder’s assistance conditions made under the fifth paragraph of that section is guilty of an offence and is liable to a fine of $30 to $60.

1996, c. 56, s. 34; 2018, c. 7, s. 24.

138. Every person who contravenes the first paragraph of section 93 or section 95 is guilty of an offence and is liable to a fine of $60 to $100.

1986, c. 91, s. 138; 1990, c. 4, s. 212.

139. Every person who contravenes the first paragraph of section 102 or fails to comply with a condition attached to the person’s licence under section 98, other than the operation of a road vehicle mandatorily equipped with an alcohol ignition interlock device or the conditions for its use, is liable to a fine of $100 to $200.

The holder of a licence to drive a road vehicle mandatorily equipped with an alcohol ignition interlock device who fails to comply with that requirement or with the conditions for the use of the device is liable to a fine of $1,500 to $3,000.

1986, c. 91, s. 139; 1990, c. 4, s. 212; 2010, c. 34, s. 18.

140. Every person who contravenes section 96 is guilty of an offence and is liable to a fine of $200 to $300.

1986, c. 91, s. 140; 1987, c. 94, s. 22; 1988, c. 68, s. 6; 1990, c. 4, s. 212; 1995, c. 6, s. 10; 1996, c. 56, s. 35.

140.1. A driver who contravenes section 99, a regulatory provision made under the fifth paragraph of section 99 or section 100 is guilty of an offence and is liable to a fine of $200 to $300.

1996, c. 56, s. 36; 2018, c. 7, s. 25.

141. Every person who contravenes any of sections 65, 95.1, 107 or drives a road vehicle in violation of the first paragraph of section 93.1 is guilty of an offence and is liable to a fine of $300 to $600.

Despite the first paragraph, a person who, after a period of licence cancellation or suspension of the right to obtain a licence for an alcohol- or drug-related offence under section 180, operates a road vehicle without holding a licence is liable to a fine of $1,500 to $3,000.

1986, c. 91, s. 141; 1990, c. 4, s. 212; 1990, c. 83, s. 60; 1995, c. 6, s. 11; 1996, c. 56, s. 37; 2001, c. 29, s. 9; 2003, c. 5, s. 6; 2010, c. 34, s. 19; 2018, c. 19, s. 32.

142. Every person who knowingly gives false or misleading information when applying for a licence or when notifying any change referred to in section 95 is guilty of an offence and is liable to a fine of $300 to $600.

1986, c. 91, s. 142; 1990, c. 4, s. 212; 1990, c. 83, s. 61.

143. Every person who contravenes the first paragraph of section 105 is guilty of an offence and is liable to a fine of $300 to $600 if his licence or right to obtain a licence is cancelled or suspended for a cause other than those referred to in section 180, 185, 191.2, 202.4, 202.4.1 or 202.5.

1986, c. 91, s. 143; 1990, c. 4, s. 212; 1996, c. 56, s. 38; 2010, c. 34, s. 20; 2018, c. 19, s. 33.

143.1. Every person who contravenes the first paragraph of section 105 is guilty of an offence and is liable to a fine of $600 to $2,000, if his licence or right to obtain a licence is cancelled or suspended on any of the grounds set out in sections 185 and 191.2 and subparagraph 2 of the first paragraph of section 202.4.

1996, c. 56, s. 39; 2010, c. 34, s. 21.

144. Every person who contravenes the first paragraph of section 105 is guilty of an offence and is liable to a fine of $1,500 to $3,000, if his licence or right to obtain a licence is cancelled or suspended under section 180, subparagraph 1 of the first paragraph of section 202.4, subparagraph 1 of the first paragraph of section 202.4.1 or section 202.5.

1986, c. 91, s. 144; 1990, c. 4, s. 212; 1996, c. 56, s. 40; 2010, c. 34, s. 22; 2018, c. 19, s. 35.

144.1. Every owner or lessee of a road vehicle or person having the control of a road vehicle who, in contravention of section 106, allows the vehicle to be driven by a person who is not the holder of a licence of the appropriate class for driving that vehicle is guilty of an offence and is liable to a fine of $300 to $600.

Every operator of a heavy vehicle who contravenes the first paragraph is guilty of an offence and is liable to a fine of $700 to $2,100.

2000, c. 64, s. 6.

145. Every person who contravenes section 106 is guilty of an offence and is liable to a fine of $300 to $600 if the driver of the vehicle is liable to the fine prescribed by section 143, $600 to $2,000 if the driver of the vehicle is liable to the fine prescribed by section 143.1, and $1,500 to $3,000 if the driver of the vehicle is liable to the fine prescribed by section 144.

Every operator of a heavy vehicle whose driver is liable to a fine under the first paragraph is also guilty of an offence and is liable to a fine of $700 to $2,100.

1986, c. 91, s. 145; 1990, c. 4, s. 212; 1996, c. 56, s. 41; 1998, c. 40, s. 64.

146. Every person who uses as a document authorizing the driving of road vehicles a document that may be confused with a licence issued by the Société or by another competent administrative authority is guilty of an offence and is liable to a fine of $600 to $2,000.

1986, c. 91, s. 146; 1990, c. 19, s. 11; 1990, c. 4, s. 212.

146.1. Every person who contravenes section 94 is guilty of an offence and is liable to a fine of $600 to $2,000.

1987, c. 94, s. 23; 1990, c. 4, s. 212.

146.2. (Repealed).

1990, c. 83, s. 62; 1996, c. 56, s. 42.

147. (Repealed).

1986, c. 91, s. 147; 1990, c. 4, s. 212; 1996, c. 56, s. 42.

148. (Repealed).

1986, c. 91, s. 148; 1990, c. 4, s. 212; 1996, c. 56, s. 42.

149. (Repealed).

1986, c. 91, s. 149; 1990, c. 4, s. 212; 1996, c. 56, s. 42.

150. (Repealed).

1986, c. 91, s. 150; 1990, c. 19, s. 11; 1990, c. 4, s. 212; 1996, c. 56, s. 42.

TITLE III SPECIAL OBLIGATIONS OF ROAD VEHICLE DEALERS AND RECYCLERS

2015, c. 4, s. 25.

CHAPTER I GENERAL PROVISIONS

150.1. For the purposes of this Title, “recycler” has the meaning assigned by section 260.26 of the Consumer Protection Act (chapter P-40.1).

2015, c. 4, s. 26.

151. (Repealed).

1986, c. 91, s. 151; 1990, c. 19, s. 11; 1996, c. 56, s. 43; 2015, c. 4, s. 27.

152. (Repealed).

1986, c. 91, s. 152; 1990, c. 19, s. 11; 1996, c. 56, s. 44; 2015, c. 4, s. 27.

153. (Repealed).

1986, c. 91, s. 153; 1990, c. 19, s. 11; 1990, c. 83, s. 63; 1996, c. 56, s. 45; 2015, c. 4, s. 27.

154. (Repealed).

1986, c. 91, s. 154; 1990, c. 19, s. 11; 2015, c. 4, s. 27.

155. Every recycler must keep a register the form and period of retention of which are prescribed by regulation and in which the following information is entered:

(1)  the identification number of every road vehicle he receives, a description of its major components and the identification thereof by means of the identification number of the vehicle or a number referring thereto;

(2)  the description and identification, by means of the identification number of the road vehicle from which it has been removed, of every detached major automobile component he receives;

(3)  the date of acquisition of every road vehicle or major component as well as the name and address of the person from whom it was received;

(4)  the date of sale of every road vehicle and major component sold and the name and address of the purchaser.

For the purposes of this section, “major component” means a major component determined by regulation.

1986, c. 91, s. 155; 1990, c. 83, s. 64; 1996, c. 56, s. 46.

156. A peace officer or an employee of the Société designated for that purpose may enter, at any reasonable time, any establishment of a road vehicle recycler in order to require any information relating to the enforcement of section 155 and any related document, and examine and make copies of any such document. The officer or employee may also examine the road vehicles and major components in the recycler’s possession.

Société employees must identify themselves and show proof of their capacity.

1986, c. 91, s. 156; 1990, c. 19, s. 11; 2015, c. 4, s. 28; 2018, c. 7, s. 26.

157. (Repealed).

1986, c. 91, s. 157; 2015, c. 4, s. 29.

158. (Repealed).

1986, c. 91, s. 158; 1987, c. 94, s. 24; 1990, c. 19, s. 11; 1996, c. 56, s. 47.

159. (Repealed).

1986, c. 91, s. 159; 1987, c. 94, s. 25; 1996, c. 56, s. 48; 2015, c. 4, s. 29.

160. (Repealed).

1986, c. 91, s. 160; 2015, c. 4, s. 29.

160.1. (Repealed).

1990, c. 83, s. 65; 2015, c. 4, s. 29.

161. (Repealed).

1986, c. 91, s. 161; 1987, c. 94, s. 26; 1996, c. 56, s. 49; 2015, c. 4, s. 29.

161.1. Every road vehicle dealer holding a permit issued under the Consumer Protection Act (chapter P-40.1) and authorized by the Société to effect the registration of road vehicles must comply with the conditions established by the Société regarding transactions related to registration and the use of temporary registration.

1987, c. 94, s. 27; 1990, c. 19, s. 11; 2015, c. 4, s. 30.

162. (Repealed).

1986, c. 91, s. 162; 1987, c. 94, s. 28; 1990, c. 19, s. 11; 1996, c. 56, s. 50; 2015, c. 4, s. 31.

163. (Repealed).

1986, c. 91, s. 163; 1990, c. 19, s. 11; 1990, c. 83, s. 66; 2015, c. 4, s. 31.

CHAPTER II PENAL PROVISIONS

164. (Repealed).

1986, c. 91, s. 164; 1990, c. 4, s. 212; 2015, c. 4, s. 31.

164.1. (Repealed).

1990, c. 83, s. 67; 2015, c. 4, s. 31.

165. A recycler who fails to keep the register required by section 155 or who fails to enter the information required under that section is guilty of an offence and is liable to a fine of $600 to $2,000.

1986, c. 91, s. 165; 1990, c. 4, s. 212; 1996, c. 56, s. 51; 2018, c. 7, s. 27.

166. A road vehicle dealer who contravenes section 161.1 is guilty of an offence and is liable to a fine of $600 to $2,000.

1986, c. 91, s. 166; 1987, c. 94, s. 29; 1990, c. 4, s. 212; 1996, c. 56, s. 52; 2015, c. 4, s. 32.

TITLE IV OBLIGATIONS IN CASE OF ACCIDENT

CHAPTER I GENERAL PROVISIONS

166.1. This Title applies to accidents occurring on any road or land.

1990, c. 83, s. 68.

167. For the purposes of this Title, an accident is an event during which injury or damage is caused by a moving road vehicle.

1986, c. 91, s. 167.

168. The driver of a road vehicle involved in an accident must remain at or immediately return to the scene of the accident and render the necessary assistance to any person who has sustained injury or damage.

1986, c. 91, s. 168.

169. If a person has sustained bodily injury during an accident, the driver of a road vehicle involved in the accident must call for a peace officer.

1986, c. 91, s. 169.

170. The driver of a road vehicle involved in an accident must give to the peace officer called to the scene of the accident or to the person having sustained injury or damage, his name and address, the number of his licence, the name and address of the owner entered on the registration certificate of the vehicle, the certificate of insurance or of financial responsibility provided for in the Automobile Insurance Act (chapter A-25), and the number appearing on the registration plate of the vehicle.

1986, c. 91, s. 170.

171. The driver of a road vehicle who is involved in an accident involving an animal weighing over 25 kg, an unattended road vehicle or any other inanimate object must, if the owner of the damaged property or a person representing him cannot be found at the scene of the accident or nearby, communicate immediately with the nearest police station to report the accident and furnish the information provided for in section 170.

1986, c. 91, s. 171.

172. The owner of a road vehicle that has been totally destroyed as the result of an accident must, without delay, notify the Société that his vehicle has been destroyed.

1986, c. 91, s. 172; 1990, c. 19, s. 11.

173. Every peace officer who is called to the scene of an accident must inform the Société of the accident within eight days by means of a report the form, content and mode of transmission of which are determined by regulation.

1986, c. 91, s. 173; 1987, c. 94, s. 30; 1990, c. 19, s. 11.

174. Where an accident is not brought to the attention of a peace officer, the obligation to inform the Société of the accident is incumbent on the insurer who is notified of it.

1986, c. 91, s. 174; 1990, c. 19, s. 11.

175. Every coroner who has conducted an investigation or an inquest into an accident must send a copy of his report to the Société.

1986, c. 91, s. 175; 1990, c. 19, s. 11.

176. Except in the cases provided for by regulation, a peace officer or an insurer is not required to make a report to the Société in respect of an accident that caused property damage only and did not give rise to a failure to stop at the scene of an accident.

1986, c. 91, s. 176; 1987, c. 94, s. 31; 1990, c. 19, s. 11; 1996, c. 56, s. 53.

CHAPTER II PENAL PROVISIONS

177. Every person who contravenes section 172 or 174 is guilty of an offence and is liable to a fine of $100 to $200.

1986, c. 91, s. 177; 1990, c. 4, s. 212.

178. Every person who contravenes section 170 or 171 is guilty of an offence and is liable to a fine of $200 to $300.

1986, c. 91, s. 178; 1990, c. 4, s. 212.

179. Every person who contravenes section 168 or 169 is guilty of an offence and is liable to a fine of $600 to $2,000.

1986, c. 91, s. 179; 1990, c. 4, s. 212.

TITLE V SANCTIONS

2010, c. 34, s. 23.

CHAPTER I CANCELLATION OF LICENCES

DIVISION I CRIMINAL OFFENCES

180. A conviction for an offence under any of the following provisions of the Criminal Code (R.S.C. 1985, c. C-46) committed with a road vehicle or an off-highway vehicle entails by operation of law the cancellation of any licence to drive a road vehicle or the suspension of the right to obtain such a licence:

(1)  sections 220, 221 and 236 (criminal negligence causing death or bodily harm, or manslaughter);

(2)  section 320.13 (dangerous operation);

(3)  section 320.14 (operation while impaired by alcohol or a drug);

(4)  section 320.15 (failure or refusal to comply with a peace officer’s demand made under section 320.27 or 320.28 of the Criminal Code);

(5)  section 320.16 (failure to stop after an accident); and

(6)  section 320.17 (flight from a peace officer).

The convicting judge must order the confiscation of the licence referred to in the first paragraph so that it may be returned to the Société.

1986, c. 91, s. 180; 1988, c. 68, s. 7; 1990, c. 19, s. 11; 1990, c. 83, s. 69; 1996, c. 60, s. 73; 1996, c. 56, s. 54; 1999, c. 66, s. 3; 2000, c. 64, s. 7; 2004, c. 2, s. 15; 2008, c. 14, s. 11; 2007, c. 40, s. 27; 2008, c. 14, s. 11; 2018, c. 19, s. 36.

181. Every conviction for an offence referred to in section 180 entails a separate and distinct licence cancellation or suspension of the right to obtain a licence.

Notwithstanding the first paragraph, a conviction for more than one offence under section 320.14 or 320.15 of the Criminal Code (R.S.C. 1985, c. C-46) shall entail only one licence cancellation or only one suspension of the right to obtain a licence where the offences are related to the same event.

1986, c. 91, s. 181; 1988, c. 68, s. 8; 2008, c. 14, s. 12; 2018, c. 19, s. 37.

182. The cancellation of a licence or the suspension of the right to obtain a licence provided for in section 181 shall be maintained even if the person convicted of an indictable offence is granted a conditional or absolute discharge.

1986, c. 91, s. 182; 2010, c. 34, s. 24.

183. (Repealed).

1986, c. 91, s. 183; 1990, c. 19, s. 11; 2001, c. 15, s. 130; 2019, c. 18, s. 231.

184. (Repealed).

1986, c. 91, s. 184; 2001, c. 15, s. 131; 2019, c. 18, s. 231.

DIVISION II DEMERIT POINTS

185. When the total number of demerit points entered in a person’s record is equal to or greater than the number prescribed by regulation under paragraph 9 of section 619, the Société cancels the person’s driver’s licence or suspends the person’s right to obtain a licence.

The number of demerit points prescribed by regulation varies depending on whether the person is

(1)  under 23 years of age;

(2)  23 or 24 years of age; or

(3)  25 years of age or over.

If the number of demerit points entered in the person’s record is equal to or greater than the number prescribed by regulation but less than twice that number, no licence may be issued to the person

(1)  before three or six months have elapsed, depending on whether the person incurred no three-month cancellation or suspension or one three-month cancellation or suspension under section 191.2 or this section during the two years before the cancellation or suspension under the first paragraph; or

(2)  before twelve months have elapsed if the person incurred one six- or twelve-month cancellation or suspension or more than one cancellation or suspension under section 191.2 or this section during the two years before the cancellation or suspension under the first paragraph.

If the number of demerit points entered in the person’s record is equal to or greater than twice the number prescribed by regulation but less than three times that number, no licence may be issued to the person before six or twelve months have elapsed, depending on whether the person incurred no cancellation or suspension or one or more cancellations or suspensions under section 191.2 or this section during the two years before the cancellation or suspension under the first paragraph.

If the number of demerit points entered in the person’s record is equal to or greater than three times the number prescribed by regulation, no licence may be issued to the person before twelve months have elapsed.

For the purposes of this section, the two-year period before the cancellation or suspension includes the day the sanction is imposed.

When a person holds a driver’s licence and a learner’s licence, the cancellation under this section applies to both licences.

1986, c. 91, s. 185; 1990, c. 19, s. 11; 1990, c. 83, s. 70; 2007, c. 40, s. 28.

DIVISION III OTHER CANCELLATIONS

1988, c. 68, s. 9; 1990, c. 83, s. 71.

186. (Repealed).

1986, c. 91, s. 186; 1990, c. 19, s. 11; 1990, c. 83, s. 72.

187. (Repealed).

1986, c. 91, s. 187; 1988, c. 68, s. 10.

187.1. From the time the Société considers, within the meaning of section 112, that a person is convicted of an offence under section 94, it must cancel that person’s licences. In addition, if at any time after the date of the offence the person ceases to be the holder of a licence, the Société must suspend his right to obtain a licence.

1987, c. 94, s. 32; 1990, c. 19, s. 11; 1990, c. 83, s. 73.

187.2. (Repealed).

1987, c. 94, s. 32; 1990, c. 19, s. 11; 1990, c. 83, s. 74; 1998, c. 40, s. 65.

187.3. The Société may revoke a restricted licence authorizing the operation of a road vehicle only if it is equipped with an alcohol ignition interlock device if the holder does not comply with the conditions of use established by the Société.

2001, c. 29, s. 10.

CHAPTER II PROHIBITION ON PUTTING A ROAD VEHICLE BACK INTO OPERATION AND SUSPENSION OF LICENCES

1990, c. 83, s. 75.

DIVISION I PROHIBITION ON PUTTING A ROAD VEHICLE BACK INTO OPERATION, SUSPENSION OF LEARNER’S LICENCES, PROBATIONARY LICENCES AND DRIVER’S LICENCES

1990, c. 83, s. 76.

188. The Société may prohibit a road vehicle from being put back into operation in cases where

(1)  false or inaccurate information was supplied when registration was applied for or in respect of a change referred to in section 28;

(2)  the owner neglects or refuses to submit the vehicle to a mechanical or photometric inspection or to produce the certificate of mechanical inspection or the photometric inspection certificate issued to him;

(3)  the owner neglects or refuses to furnish to the Société any information requested by the latter pursuant to this Code or a declaration or attestation requested by the Société pursuant to section 96 of the Automobile Insurance Act (chapter A-25);

(4)  the owner is indebted to the Société with respect to the sums referred to in any of sections 21, 31.1, 69, 93.1 and 209.20 in relation to a cheque without sufficient funds or returned by a financial institution for any other reason or with respect to the fees exigible under paragraphs 4.1, 5 and 10 of section 624;

(4.1)  the owner of the road vehicle has not complied, within 10 days, with the request of the Société or a peace officer to furnish a weighing certificate to establish the vehicle’s net mass;

(5)  the owner has failed to submit his vehicle to mechanical inspection after having been notified to do so by the Société;

(6)  the transferor neglects or omits, upon the transfer of a road vehicle, to pay the sales tax as calculated under the Act respecting the Québec sales tax (chapter T-0.1);

(7)  the owner does not comply with the terms for payment by pre-authorized debit of the duties, fees, insurance contribution and tax on the contribution with respect to a vehicle belonging to the owner or with respect to a licence.

1986, c. 91, s. 188; 1987, c. 94, s. 33; 1990, c. 19, s. 11; 1990, c. 83, s. 77; 1996, c. 56, s. 55; 1998, c. 40, s. 66; 2004, c. 2, s. 16; 2008, c. 14, s. 13.

189. The Société must prohibit a road vehicle from being put back into operation in the following cases:

(1)  the Commission des transports du Québec, pursuant to section 35 or 40 of the Transport Act (chapter T‑12) or the third paragraph of section 118 of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2), orders the Société to withdraw a person’s right to maintain a road vehicle in operation or the Société, in a case provided for in the first paragraph of the latter section, withdraws a person’s right to maintain a qualified automobile in operation;

(1.1)  the Commission des transports du Québec, in accordance with the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3), prohibits the heavy vehicles subject to the administrative measure it has taken from being put into operation;

(2)  the owner of the vehicle does not have a liability insurance contract as required under the Automobile Insurance Act (chapter A-25);

(3)  (subparagraph repealed);

(4)  (subparagraph repealed);

(5)  (subparagraph repealed).

The Société must also prohibit an off-highway vehicle from being put back into operation upon receiving the notice referred to in section 127 of the Act respecting off-highway vehicles (chapter V-1.3).

1986, c. 91, s. 189; 1987, c. 94, s. 34; 1990, c. 19, s. 11; 1990, c. 83, s. 78; 1991, c. 55, s. 9; 1996, c. 60, s. 74; 1998, c. 40, s. 67; 2001, c. 15, s. 132; 2002, c. 29, s. 14; 2005, c. 39, s. 52; 2016, c. 22, s. 43; 2018, c. 7, s. 28; 2019, c. 18, s. 232; 2020, c. 26, s. 132.

190. The Société may suspend a learner’s licence and probationary licence or a driver’s licence or a class of any or several such licences where

(1)  the licence holder refuses to undergo a medical examination or assessment under section 64, 73, 76.1.2, 76.1.4 or 76.1.4.1 or fails to submit the report of such an examination or assessment to it;

(2)  according to a report of an examination or assessment carried out under section 64, 73, 76.1.2, 76.1.4 or 76.1.4.1 or a report referred to in section 603, the licence holder suffers from an illness or deficiency or is in a condition which, under the medical or health standards established by regulation, is relatively inconsistent with the driving of a road vehicle corresponding to one of the licences or one of the classes of licence he holds;

(3)  according to a report of an examination or assessment carried out under section 64, 73, 76.1.2, 76.1.4 or 76.1.4.1 or a report referred to in section 603, the licence holder suffers from an illness or deficiency or is in a condition not covered by the health and behaviour standards prescribed by regulation but which, in the opinion of a health care professional or such other professional as the Société may designate by name or of a person authorized by an alcohol and drug rehabilitation centre, is incompatible with the driving of a road vehicle corresponding to the class of licence applied for;

(4)  the licence holder refuses to undergo a proficiency examination or fails it;

(5)  the licence holder gave false or inaccurate information when obtaining or renewing his licence or the class applied for or when notifying a change referred to in section 95;

(6)  the licence holder neglects or refuses to provide the Société with information it requires of him pursuant to this Code;

(7)  he is indebted to the Société with respect to the sums referred to in any of sections 21, 31.1, 69, 93.1 and 209.20 in relation to a cheque without sufficient funds or returned by a financial institution for any other reason or with respect to the fees exigible under paragraphs 4.1 and 5 of section 624;

(8)  the licence holder does not comply with the terms for payment by pre-authorized debit of the duties, fees, insurance contribution and tax on the contribution with respect to a vehicle belonging to the licence holder or with respect to a licence.

1986, c. 91, s. 190; 1987, c. 94, s. 35; 1990, c. 19, s. 11; 1990, c. 83, s. 79; 1996, c. 56, s. 56; 2002, c. 29, s. 15; 2008, c. 14, s. 14; 2007, c. 40, s. 29; 2010, c. 34, s. 25.

191. The Société must suspend a learner’s licence and probationary licence or a driver’s licence or a class of any or several such licences where, according to a report of an examination or assessment carried out under section 64, 73, 76.1.2, 76.1.4 or 76.1.4.1 or a report referred to in section 603, the licence holder suffers from an illness or deficiency or is in a condition which, under the medical or health standards established by regulation, is essentially inconsistent with the driving of a road vehicle corresponding to one of those licences or one of the classes of licence that he holds.

1986, c. 91, s. 191; 1990, c. 19, s. 11; 1990, c. 83, s. 80; 1996, c. 56, s. 57; 2007, c. 40, s. 30; 2010, c. 34, s. 26.

191.1. Notwithstanding section 191, the Société may decide not to suspend a licence or a class thereof or may lift such a suspension if the licence holder shows to the satisfaction of the Société

(1)  that he has developed compensatory abilities enabling him to drive a road vehicle corresponding to the licence or the class of licence concerned without constituting a hazard to public safety; or

(2)  that he can drive a road vehicle corresponding to the licence or the class of the licence concerned by complying with conditions related to his functional capability which enable him to drive the said vehicle without constituting a hazard to public safety.

1990, c. 83, s. 81.

191.2. If the number of demerit points entered in the file of a person who holds a learner’s licence, probationary licence, moped licence or farm tractor licence is equal to or greater than the number prescribed by regulation under paragraph 9.3 of section 619, the Société cancels the licence, or suspends the person’s right to obtain a licence the person does not hold, if the person

(1)  is the holder of a learner’s licence without being or having been the holder of a driver’s licence;

(2)  is the holder of a probationary licence;

(3)  has been the holder of a moped licence or farm tractor licence for less than five years; or

(4)  is the holder of a restricted licence issued following the cancellation of a probationary licence.

If the person has held a moped or farm tractor licence only, the person may not claim, for the purposes of subparagraph 1 of the first paragraph, to have been the holder of a driver’s licence.

The suspension provided for in the first paragraph also applies to a person who has never been the holder of a driver’s licence or who has held a moped or farm tractor licence only for less than five years.

If a person is the holder of a learner’s licence or probationary licence, the person may not invoke, to elude the application of the first paragraph, the fact of having been the holder of a moped or farm tractor licence for five or more years.

If the number of demerit points entered in the person’s record is equal to or greater than the number prescribed by regulation but less than twice that number, no licence may be issued to the person

(1)  before three or six months have elapsed, depending on whether the person incurred no three-month cancellation or suspension or one three-month cancellation or suspension under this section during the two years before the cancellation or suspension under the first paragraph; or

(2)  before 12 months have elapsed if the person incurred one six- or 12-month cancellation or suspension or more than one cancellation or suspension under this section during the two years before the cancellation or suspension under the first paragraph.

If the number of demerit points entered in the person’s record is equal to or greater than twice the number prescribed by regulation but less than three times that number, no licence may be issued to the person before six or 12 months have elapsed, depending on whether the person incurred no cancellation or suspension or one or more cancellations or suspensions under this section during the two years before the cancellation or suspension under the first paragraph.

If the total number of demerit points entered in the person’s record is equal to or greater than three times the number prescribed by regulation, no licence may be issued to the person before 12 months have elapsed.

For the purposes of this section, the two-year period before the cancellation or suspension includes the day the sanction is imposed.

1990, c. 83, s. 81; 1996, c. 56, s. 58; 2007, c. 40, s. 31; 2010, c. 34, s. 102.

192. (Repealed).

1986, c. 91, s. 192; 1987, c. 94, s. 36; 1990, c. 19, s. 11; 1990, c. 83, s. 82; 1996, c. 56, s. 59.

193. (Repealed).

1986, c. 91, s. 193; 1987, c. 94, s. 37; 1990, c. 83, s. 83; 1996, c. 56, s. 59.

194. Where the Société receives the notice provided for in article 364 of the Code of Penal Procedure (chapter C‐25.1) in respect of a person, it shall

(1)  suspend the person’s learner’s licence, probationary licence or driver’s licence or, if the person is not a licence holder, suspend the person’s right to obtain any such licence;

(2)  prohibit any road vehicle registered in the person’s name from being put into operation or put back into operation;

(3)  prohibit any road vehicle registered in the person’s name from being discarded;

(4)  refuse to register any road vehicle in the person’s name unless the transferor or lessor obtained, on the day of the transfer or leasing of the vehicle or in the 10 preceding days, confirmation from the Société, pursuant to section 611.1, that there were no grounds under this Code to prevent the transfer or leasing of the vehicle;

(5)  refuse, on the transfer of the right of ownership of a road vehicle registered in the name of the person in respect of whom the notice was sent, to effect a new registration in the name of the transferee or his or her successors unless the transferee obtained, on the day of the transfer or in the 10 preceding days, confirmation from the Société, pursuant to section 611.1, that there were no grounds under this Code to prevent the transfer of the vehicle.

The measures provided for in subparagraphs 3, 4 and 5 of the first paragraph take effect on receipt by the Société of the notice provided for in article 364 of that Code.

The Société shall put an end to the application of the measures provided for in the first paragraph on the working day following receipt of the notice provided for in article 365 of that Code.

1986, c. 91, s. 194; 1987, c. 94, s. 38; 1990, c. 19, s. 11; 1990, c. 4, s. 214; 1990, c. 83, s. 84; 2003, c. 5, s. 7; I.N. 2016-01-01 (NCCP).

194.1. No person shall transfer, acquire or lease a road vehicle where measures provided for in subparagraphs 3, 4 and 5 of the first paragraph of section 194 are taken with regard to another contracting party.

2003, c. 5, s. 8.

194.2. Nothing in section 194.1 shall be construed as prohibiting a road vehicle from being registered in the name of a person or from being put into operation following a transfer of ownership resulting from a judgment, from the application of sections 209.17 to 209.22.3 or from the exercise of a reservation of ownership, a right of redemption, a hypothec or any other charge or other right encumbering the vehicle.

2003, c. 5, s. 8.

194.3. Where the owner of a road vehicle who, in accordance with subparagraph 2 of the first paragraph of section 194, is prohibited from putting into operation or putting back into operation any road vehicle registered in that owner’s name requests and is entitled to reimbursement of the duties, the additional duties, the insurance contribution, the contribution of motorists to public transit and the contribution of off-highway vehicle owners that were paid by him or her, the amount of reimbursement shall be applied to the payment of any fines or costs due by the owner according to the order in which notices were received by the Société pursuant to article 364 of the Code of Penal Procedure (chapter C‐25.1).

2003, c. 5, s. 8; 2004, c. 2, s. 17; 2004, c. 35, s. 42; 2010, c. 33, s. 24.

195. Where the term of validity of a licence expires before the end of a period of suspension affecting that licence, the right to obtain a licence is then suspended for the unexpired portion of the period of suspension.

1986, c. 91, s. 195; 1990, c. 83, s. 85.

195.1. The Société must suspend a restricted licence issued to a person under section 76.1.1 or 118 if, after the date on which it was issued, the person’s right to obtain a licence is under a suspension which is in effect or imposed but has yet to take effect. Such suspension shall remain in effect for as long as the suspension of the right to obtain a licence has not been lifted.

1990, c. 83, s. 86; 1996, c. 56, s. 60; 2007, c. 40, s. 32.

195.2. The Société may suspend for a period of three months or revoke a probationary licence or a driver’s licence authorizing the operation of a road vehicle only if it is equipped with an alcohol ignition interlock device if the holder does not comply with the conditions of use established by the Société.

The same applies with respect to the licence of a person referred to in section 76.1.12 if the person drives or has the care or control of a vehicle without complying with the conditions set out in those sections.

2001, c. 29, s. 11; 2002, c. 29, s. 16; 2007, c. 40, s. 33.

196. Where the Société is informed that damage amounting to over $500 has been caused in an accident and it is not shown to its satisfaction that the owner of a road vehicle involved in the accident held, at the time of the accident, a liability insurance contract as required under the Automobile Insurance Act (chapter A-25) for that vehicle, except where liability insurance is not required under the said Act, the Société shall suspend the learner’s licence and probationary licence or the driver’s licence of the owner and of the driver of the vehicle or, if they are not holders of a learner’s licence, probationary licence or driver’s licence, their right to obtain such a licence. In addition, it shall prohibit the putting back into operation of any road vehicle registered in the name of either person.

A suspension under the first paragraph must not be imposed or must be cancelled or the prohibition from putting a road vehicle back into operation must not be imposed or must be cancelled where it is shown to the satisfaction of the Société that at the time of the accident, the uninsured vehicle was legally parked, in the possession of a third person who had acquired it by theft or taken it without permission, or in the possession of a third person for storage, repair or transportation or that only the uninsured vehicle or the movable effects it contained sustained damage in the accident.

With respect to the driver and to the owner, a suspension under the first paragraph must not be imposed or must be cancelled or the prohibition from putting a road vehicle back into operation must not be imposed or must be cancelled where it is shown to the satisfaction of the Société that at the time of the accident, the driver was the owner of a road vehicle covered by a contract of liability insurance as required under the Automobile Insurance Act.

1986, c. 91, s. 196; 1990, c. 19, s. 11; 1990, c. 83, s. 87.

197. The Société shall lift the suspension imposed on a person referred to in section 196 and the prohibition from putting any road vehicle registered in the person’s name back into operation if the person provides the Société with proof of exoneration, acquittal or payment agreement in respect of any claim arising or that may arise from the accident.

Where the creditor who is party to the agreement contemplated in the first paragraph notifies the Société that payment by the debtor has been interrupted, the Société must reinstate the suspension and prohibition it had lifted following the agreement.

1986, c. 91, s. 197; 1990, c. 19, s. 11; 1990, c. 83, s. 88; 2008, c. 14, s. 15.

198. (Repealed).

1986, c. 91, s. 198; 1990, c. 19, s. 11; 2008, c. 14, s. 16.

199. (Repealed).

1986, c. 91, s. 199; 1999, c. 40, s. 55; 2008, c. 14, s. 16.

200. Upon receiving a notice to that effect from the creditor concerned, the Société shall suspend the learner’s licence and probationary licence or the driver’s licence or the right to obtain such licences and shall prohibit the putting back into operation of the road vehicle registered in the name of a debtor who has not, within the time prescribed for execution, satisfied a final judgment handed down in Canada

(1)  in the amount of not less than $100 for bodily injury or of more than $200 for third party property damage resulting from an accident that occurred between 1 October 1961 and 28 February 1978;

(2)  in the amount of more than $250 for third party property damage resulting from an accident that occurred between 1 March 1978 and 17 December 1986;

(3)  in the amount of more than $500 for third party property damage resulting from an accident occurring from 18 December 1986.

1986, c. 91, s. 200; 1987, c. 94, s. 39; 1990, c. 19, s. 11; 1990, c. 83, s. 89.

201. The Société shall lift the suspension imposed on any person referred to in section 200 and the prohibition from putting back into operation a road vehicle registered in his name in the following cases:

(1)  for accidents having occurred between 1 October 1961 and 28 February 1978, where the person has satisfied the judgment up to an amount of $35,000 in addition to interest and costs, after deducting up to $200 for third party property damage;

(2)  for accidents having occurred on or after 1 March 1978, where the person has satisfied the judgment up to the amount prescribed in section 87 of the Automobile Insurance Act (chapter A-25);

(3)  for accidents referred to in subparagraphs 1 and 2, where the person has reached an agreement with his creditor.

In the case referred to in subparagraph 3, the Société, on receiving notice from the creditor that payment by the debtor has been interrupted, shall reinstate the suspension it had lifted following the agreement.

1986, c. 91, s. 201; 1990, c. 19, s. 11; 1990, c. 83, s. 90; 2008, c. 14, s. 17.

202. Where the Société has effected a payment in satisfaction of a judgment, it shall lift the suspension imposed upon any person referred to in section 200 and the prohibition from putting back into operation the road vehicle registered in such a person’s name in the following cases:

(1)  if the person has reimbursed the Société for the total amount paid, with interest;

(2)  if the person has reached an agreement with the Société for effecting payment in regular instalments.

In the case referred to in subparagraph 2, the Société shall reinstate the suspension and prohibition that it had lifted following the agreement if the person interrupts payment.

1986, c. 91, s. 202; 1990, c. 19, s. 11; 1990, c. 83, s. 91.

202.0.1. If a person is convicted of an alcohol- or drug-related offence committed with a road vehicle and, during the 10 years before that conviction, was convicted at least twice of an alcohol- or drug-related offence or at least once of an offence relating to a high blood alcohol concentration level, for failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs, for failing to stop after an accident or for fleeing from a peace officer, the Société must

(1)  prohibit any road vehicle registered in the name of the person from being put or put back into operation; and

(2)  refuse to register any road vehicle in the person’s name except if, on the day the vehicle was transferred or leased or in the 10 preceding days, the transferor or lessor had obtained confirmation from the Société, pursuant to section 611.1, that there were no grounds under this Code to prevent the transfer or leasing of the vehicle.

The Société must take the same measures if it receives a notice of conviction for an offence relating to a high blood alcohol concentration level, for failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs, for failing to stop after an accident or for fleeing from a peace officer with respect to a person who was convicted at least once, during the 10 years before that conviction, of one of those offences or of an alcohol- or drug-related offence.

The prohibition on putting or putting back into operation a road vehicle registered in the name of a person described in the first paragraph and the refusal to register a road vehicle in the person’s name do not apply

(1)  if the vehicle must be driven by a third party on the person’s behalf as part of the person’s business operations; or

(2)  if the vehicle is equipped with an alcohol ignition interlock device approved by the Société, and the person has been issued a licence to drive a vehicle mandatorily equipped with such a device.

The measures prescribed in the first paragraph take effect as soon as the Société receives the notice of conviction from the clerk of a court of justice, and are lifted when the person obtains a driver’s licence that is not restricted to the operation of a road vehicle mandatorily equipped with an alcohol ignition interlock device approved by the Société.

2010, c. 34, s. 27; 2018, c. 19, s. 38.

202.0.2. No person who is subject to the measures prescribed in section 202.0.1 may acquire or lease a road vehicle.

2010, c. 34, s. 27.

202.0.3. For the purposes of section 202.0.1, the definitions in section 76.1.7 apply.

2010, c. 34, s. 27; 2018, c. 19, s. 39.

DIVISION I.1 SUSPENSION OF LICENCES BY A PEACE OFFICER

1996, c. 56, s. 61; 2008, c. 14, s. 18.

202.1. The suspension of a learner’s licence, probationary licence, driver’s licence or restricted licence under this division is intended to safeguard the licence holder and the public.

1996, c. 56, s. 61.

202.1.1. This division is applicable

(1)  not only on public highways, but also on highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune, on private roads open to public vehicular traffic and on land occupied by shopping centres or other land where public traffic is allowed; and

(2)  to persons driving or having the care or control of a road vehicle or an off-highway vehicle.

2007, c. 40, s. 34.

202.1.2. The holder of a learner’s licence, a probationary licence, a driver’s licence or a restricted licence may not drive or have the care or control of a road vehicle while the holder’s driving ability is impaired.

2008, c. 14, s. 19.

202.1.3. If a peace officer has reason to suspect that the driving ability of a person driving or having the care or control of a road vehicle is impaired, the peace officer may order the person to submit without delay to the physical coordination tests provided for in the Criminal Code (R.S.C. 1985, c. C-46).

2008, c. 14, s. 19.

202.1.4. A peace officer who, after administering the physical coordination tests, has reasonable grounds to believe that the driving ability of a person driving or having the care or control of a road vehicle is impaired shall immediately suspend the person’s licence for 24 hours on behalf of the Société.

The 24-hour suspension is not imposed if the peace officer suspends the licence in accordance with section 202.4 or 202.4.1.

2008, c. 14, s. 19; 2018, c. 19, s. 40.

202.1.5. (Repealed).

2008, c. 14, s. 19; 2018, c. 19, s. 41.

202.2. The following persons may not drive or have the care or control of a road vehicle if any alcohol is present in their bodies:

(1)  the holder of a learner’s licence or probationary licence who has never held a driver’s licence other than a licence authorizing the driving only of a moped or authorizing the driving only of a farm tractor;

(2)  the holder of a moped or farm tractor licence only who has held that licence for less than five years and is 22 years of age or older;

(3)  the holder of a restricted licence issued under section 118 following the cancellation of a probationary licence, and the holder of a licence issued under the fourth paragraph of section 73 or under any of sections 76.1.1, 76.1.3, 76.1.5, 76.1.6, 76.1.8, 76.1.11 and 76.1.12;

(4)  the holder of a driver’s licence who is 21 years of age or younger.

The prohibition set out in the first paragraph also applies to a person who, without ever having held a driver’s licence other than a licence authorizing the driving only of a moped or authorizing the driving only of a farm tractor, drives or has the care or control of a road vehicle.

1996, c. 56, s. 61; 2001, c. 29, s. 12; 2002, c. 29, s. 17; 2007, c. 40, s. 35; 2010, c. 34, s. 28.

Not in force

202.2.1. As regards any person other than a person subject to section 202.2, operating or having the care or control of a heavy vehicle, emergency vehicle, taxi or automobile considered to be a taxi with alcohol present in the person’s body is prohibited.

That prohibition does not apply with regard to

(1)  an unmarked emergency vehicle;

(2)  a combination of road vehicles having a net mass in excess of 3,000 kg made up of a passenger vehicle drawing a travel trailer or a tent trailer;

(3)  a motor home; or

(4)  a heavy vehicle having a net mass of 3,000 kg or less on which it is not mandatory to affix an indication of danger plate in compliance with a regulation made pursuant to section 622.

Neither does the prohibition apply to persons who use an emergency vehicle to intervene while not on duty, or to volunteer firefighters.

2002, c. 29, s. 18; 2019, c. 18, s. 233.

202.2.1.1. As regards any person other than a person subject to section 202.2 or 202.2.0.1, operating or having the care or control of a bus, minibus, taxi or automobile considered to be a taxi with alcohol present in the person’s body is prohibited.

2010, c. 34, s. 29; 2019, c. 18, s. 234; 2022, c. 13, s. 27.

The word « 202.2.0.1» will come into force on the date determined by the Government (2022, c. 13, s. 123 (6)).

202.2.1.2. As for heavy vehicles other than those referred to in section 202.2.1.1, no person may drive or have the care or control of such a heavy vehicle with a blood alcohol concentration level equal to or in excess of 50 mg of alcohol in 100 ml of blood.

The prohibition does not apply to

(1)  a combination of road vehicles, consisting of a passenger vehicle drawing a camping trailer or tent-trailer, having a total combined gross vehicle weight rating of 4,500 kg or more;

(2)  a motor home; or

(3)  a heavy vehicle having a gross vehicle weight rating of 4,500 kg or more not requiring the display of safety marks under a regulation made under section 622.

2010, c. 34, s. 29, s. 106.

202.3. A peace officer who reasonably suspects the presence of alcohol in the body of a person subject to the prohibition set out in section 202.2, 202.2.1.1 or 202.2.1.2 may order that person to provide forthwith such sample of breath as in the opinion of the peace officer is necessary to enable a proper analysis of the breath to be made by means of a screening device approved by the Minister of Public Security and that is designed to ascertain the presence of alcohol in the blood of a person. The device must be maintained and used in accordance with the standards prescribed by regulation by persons who have received the training prescribed by regulation.

For the purpose of enabling the sample to be taken, the peace officer may, by demand made to the person, require the person to accompany him.

1996, c. 56, s. 61; 2010, c. 34, s. 30.

202.3.1. The Government shall, by regulation, determine maintenance standards for screening devices and equipment and conditions for their use as well as the training that peace officers must undergo.

2018, c. 19, s. 43.

202.4. On behalf of the Société, a peace officer shall immediately suspend,

(1)  for 90 days, the licence of any person driving or having the care or control of a road vehicle whose blood alcohol concentration level is shown, by a an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code (R. S. C., 1985, c. C-46), to be equal to or in excess of 80 mg of alcohol in 100 ml of blood;

(2)  for 90 days, the licence of any person driving or having the care or control of a road vehicle who is subject to the prohibition under section 202.2 and in whose body the presence of alcohol is revealed by a screening test administered in accordance with section 202.3 or whose blood alcohol concentration level is shown, by an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code, to be less than 80 mg of alcohol in 100 ml of blood;

(3)  for 24 hours, the licence of any person who is subject to the prohibition under section 202.2.1.1 and drives or has the care or control of a road vehicle to which the prohibition is applicable

(a)  if a screening test conducted in accordance with section 202.3 or in accordance with the Criminal Code reveals the presence of any alcohol in the person’s body; or

(b)  if the person’s blood alcohol concentration level is shown, by an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code, to be less than 80 mg of alcohol in 100 ml of blood;

(4)  for 24 hours, the licence of any person not described in subparagraph 1 who is subject to the prohibition under section 202.2.1.2 and drives or has the care or control of a road vehicle to which the prohibition is applicable

(a)  if, during a screening test conducted in accordance with section 202.3 or in accordance with the Criminal Code, the screening device shows a blood alcohol concentration level equal to or in excess of 50 mg of alcohol in 100 ml of blood; or

(b)  if the person’s blood alcohol concentration level is shown, following an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code, to be equal to or in excess of 50 mg of alcohol in 100 ml of blood.

The suspension applies to any licence authorizing the operation of a road vehicle or to the right to obtain such a licence.

Not in force

The suspension imposed on a person who is subject to the prohibition under section 202.2.1 applies only with respect to vehicles to which that prohibition is applicable, provided the person is not also in contravention of subparagraph 1 of the first paragraph of this section.

The suspension imposed on a person who is subject to the prohibition under section 202.2.1.1 or 202.2.1.2 applies only with respect to vehicles to which that prohibition is applicable.

1996, c. 56, s. 61; 2001, c. 29, s. 13; 2002, c. 29, s. 20; 2004, c. 2, s. 18; 2007, c. 40, s. 36; 2010, c. 34, s. 31; 2018, c. 19, s. 44.

202.4.1. On behalf of the Société, a peace officer shall immediately suspend, for 90 days, the licence of any person driving or having the care or control of a road vehicle

(1)  if, according to the evaluation conducted by an evaluating officer in accordance with paragraph a of subsection 2 of section 320.28 of the Criminal Code (R.S.C. 1985, c. C-46), the person is impaired by cannabis or any other drug or by a combination of cannabis or any other drug and alcohol; or

Not in force

(2)  if the analysis by means of drug screening equipment in accordance with section 202.3 or the Criminal Code demonstrates that cannabis or any other drug is present in the person’s body.

The suspension applies to any licence authorizing the operation of a road vehicle and to the right to obtain such a licence.

2018, c. 19, s. 45.

202.5. On behalf of the Société, a peace officer may also immediately suspend, for 90 days, the licence of any person who fails or refuses to comply with an order given to the person by a peace officer under section 202.3 of this Code or a peace officer’s demand under section 320.27 or 320.28 of the Criminal Code (R.S.C. 1985, c. C-46).

The suspension under the first paragraph applies to any licence authorizing the operation of a road vehicle and to the right to obtain such a licence.

1996, c. 56, s. 61; 2007, c. 40, s. 37; 2018, c. 19, s. 46; 2019, c. 21, s. 25.

Not in force

202.5.1. If a peace officer has reasonable grounds to suspect that a person who is driving a road vehicle or who has the care or control of a road vehicle is a danger to himself or to other road users, the peace officer may require the person to undergo a test, at the time the peace officer intercepts him, to check whether he is able to orient in space and time.

If the person fails the test, the peace officer shall immediately suspend, on behalf of the Société, the person’s licence or right to obtain a licence.

The suspension is maintained until the person establishes, through a medical examination carried out as specified in section 73, that the person does not suffer from an illness or deficiency or is not in a condition which, under the medical or health standards established by regulation, is essentially inconsistent with the driving of a road vehicle.

A government regulation determines the tenor of the test and the parameters for establishing whether a person has failed it or not.

2018, c. 7, s. 29.

202.6. A peace officer who suspends a licence under section 202.1.4, 202.4, 202.4.1, 202.5 or 202.5.1 may, without the owner’s permission or, in the case of a heavy vehicle, without the operator’s permission, take possession of and impound the road vehicle at the owner’s or operator’s expense if the vehicle is occupying a part of the road in an illegal or potentially dangerous manner.

1996, c. 56, s. 61; 2007, c. 40, s. 38; 2010, c. 34, s. 32; 2018, c. 7, s. 30; 2018, c. 19, s. 47.

202.6.1. On suspending a licence or the right to obtain a licence, the peace officer shall draw up a report in the form and tenor determined by the Société.

A copy of the report must be left with the person whose licence or right to obtain a licence has been suspended and sent to the Société where it so requires. A refusal to receive the report does not prevent the suspension from taking effect.

2001, c. 29, s. 15; 2002, c. 29, s. 21.

202.6.2. A person whose licence or right to obtain a licence has been suspended for 90 days may apply for a review of the decision by the Société.

2001, c. 29, s. 15; 2002, c. 29, s. 22.

202.6.3. A review is applied for by filing the duly completed form provided by the Société at an office of the Société and paying the fees determined by regulation.

The Société shall proceed on the record, unless a meeting is requested.

2001, c. 29, s. 15.

202.6.4. The application for review must be signed by the person concerned and filed together with the report of the peace officer and a copy of a certificate of a qualified technician or of a document sent to the person stating the findings of an evaluating officer for the purposes of the Criminal Code (R.S.C. 1985, c. C-46).

2001, c. 29, s. 15; 2002, c. 29, s. 23; 2018, c. 19, s. 48.

202.6.5. In exercising its jurisdiction, the Société shall only consider

(1)  any relevant written representations and any other relevant information;

(2)  the report and any other relevant document drawn up by the peace officer;

(3)  a copy of a certificate of a qualified technician or, if applicable, of a document stating the findings of an evaluating officer for the purposes of the Criminal Code (R.S.C. 1985, c. C-46); and

(4)  where a meeting is held with the person concerned, any relevant representations made and other information supplied at the meeting.

2001, c. 29, s. 15; 2002, c. 29, s. 24; 2018, c. 19, s. 49.

202.6.6. The Société shall lift the suspension of the licence or of the right to obtain a licence if the person concerned establishes by a preponderance of evidence,

(1)  in the case of a prohibition under section 202.2, that no alcohol was present in the person’s body;

(2)  that the person had not, at the time of driving or having the control or care of a road vehicle, consumed alcohol in such a quantity that the concentration of alcohol in the person’s blood was equal to or exceeded 80 milligrammes of alcohol in 100 millilitres of blood;

(2.1)  that the person was driving or had the care or control of the road vehicle without being impaired by cannabis or any other drug, whether combined with alcohol or not;

(3)   that the person had a reasonable excuse for not complying with a demand made on the person by a peace officer under section 202.3 of this Code or under section 320.27 or 320.28 of the Criminal Code (R.S.C. 1985, c. C-46); or

(4)  that the person was not driving or did not have the care or control of a road vehicle in the circumstances described in this section.

Where a suspension is lifted, the Société shall reimburse the review fees paid to the Société.

2001, c. 29, s. 15; 2002, c. 29, s. 25; 2018, c. 7, s. 31; 2018, c. 19, s. 50.

202.6.7. The report and any other relevant document drawn up by the peace officer may stand in lieu of the peace officer’s statement if the peace officer attests in the report that he or she personally ascertained the facts recorded in the report. The same applies to a copy of the report certified by an authorized person.

A copy of a certificate of a qualified technician or of a document stating the findings of an evaluating officer for the purposes of the Criminal Code (R.S.C. 1985, c. C-46) is evidence of its contents without proof of the signature or official character of the person appearing to have signed the certificate or that the copy is a true copy.

2001, c. 29, s. 15; 2002, c. 29, s. 26; 2018, c. 19, s. 51.

202.6.8. Where a meeting is requested, it must be held by the Société within 10 days after the application for review is duly filed.

2001, c. 29, s. 15.

202.6.9. The Société shall render its decision within 10 days after the application for review is duly filed or, if a meeting is held, within 10 days after the meeting is held.

For the purposes of this section, an application is not duly filed unless the fees payable at the time of the filing have been paid.

2001, c. 29, s. 15.

202.6.10. An application for review filed with the Société does not lift the suspension of the licence or of the right to obtain a licence.

2001, c. 29, s. 15; 2002, c. 29, s. 27.

202.6.11. A person may, within 10 days after a review decision is rendered by the Société, contest the decision before the Administrative Tribunal of Québec.

The provisions of section 107 of the Act respecting administrative justice (chapter J-3) allowing a member of the Tribunal to suspend the execution of a decision are not applicable in that case.

2001, c. 29, s. 15.

202.6.12. Where the Administrative Tribunal of Québec lifts the suspension of the licence or of the right to obtain a licence, the Société shall reimburse the review fees paid to the Société.

2002, c. 29, s. 28.

202.7. The peace officer must advise the Société of every suspension imposed under this division within the time and in the manner determined by the Société.

1996, c. 56, s. 61.

202.7.1. A person who fails to comply with a peace officer’s demand under section 202.1.3 without a reasonable excuse is guilty of an offence and is liable to a fine of $200 to $300.

2008, c. 14, s. 21.

202.8. Every person who contravenes section 202.2 or who, without reasonable excuse, fails to comply with a demand made to him by a peace officer under section 202.3 is guilty of an offence and is liable to a fine of $300 to $600.

1996, c. 56, s. 61.

DIVISION II

Repealed, 1996, c. 56, s. 62.

1996, c. 56, s. 62.

203. (Repealed).

1986, c. 91, s. 203; 1990, c. 19, s. 11; 1990, c. 83, s. 92; 1996, c. 56, s. 62.

204. (Repealed).

1986, c. 91, s. 204; 1987, c. 94, s. 40; 1990, c. 19, s. 11; 1990, c. 83, s. 93; 1996, c. 56, s. 62.

205. (Repealed).

1986, c. 91, s. 205; 1990, c. 19, s. 11; 1996, c. 56, s. 62.

206. (Repealed).

1986, c. 91, s. 206; 1996, c. 56, s. 62.

DIVISION III

(Repealed)

2015, c. 4, s. 34.

207. (Repealed).

1986, c. 91, s. 207; 1990, c. 19, s. 11; 1990, c. 83, s. 94; 1996, c. 56, s. 63; 2000, c. 56, s. 218; 2015, c. 4, s. 34.

208. (Repealed).

1986, c. 91, s. 208; 1987, c. 94, s. 41; 1990, c. 19, s. 11; 1990, c. 83, s. 95; 1996, c. 56, s. 64.

209. (Repealed).

1986, c. 91, s. 209; 2015, c. 4, s. 34.

CHAPTER III DRIVING WITHOUT A LICENCE OR WHILE DISQUALIFIED

1996, c. 56, s. 65.

DIVISION I GENERAL PROVISIONS

1996, c. 56, s. 65.

209.1. A peace officer who has reasonable cause to believe that a person is driving a road vehicle without being the holder of a licence prescribed by section 65 may, at the owner’s expense and on behalf of the Société, immediately seize the vehicle and impound it for a period of 30 days.

The holder of a probationary licence or a driver’s licence authorizing the operation of a road vehicle mandatorily equipped with an alcohol ignition interlock device who drives a road vehicle that is not equipped with such a device or who does not comply with the conditions for the use of the device established by the Société is also subject to this section.

The same applies to a person referred to in section 76.1.12 if the person drives or has the care or control of a road vehicle without complying with the conditions specified in that section.

1996, c. 56, s. 65; 2010, c. 34, s. 33.

209.2. A peace officer who believes on reasonable grounds that the driver of a road vehicle is under a sanction within the meaning of section 106.1 that relates to the driving of a vehicle of the particular class being driven may, at the owner’s expense and on behalf of the Société, immediately seize and impound the vehicle for a period of 30 days if the sanction was imposed under section 180 or 185, any of paragraphs 1 to 4 of section 190 or any of sections 191 and 191.2, subparagraph 1 of the first paragraph of section 194 or any of sections 195.2, 202.1.4, 202.4, 202.4.1, 202.5, 328.1, 422.1, 434.2 and 443.3.

1996, c. 56, s. 65; 2002, c. 29, s. 30; 2002, c. 62, s. 2; 2003, c. 5, s. 9; 2007, c. 40, s. 39; 2010, c. 34, s. 34; 2008, c. 14, s. 22; 2018, c. 7, s. 32; 2018, c. 19, s. 54; 2019, c. 18, s. 235.

209.2.1. On behalf of the Société, a peace officer shall immediately seize and impound a road vehicle for 30 days at the owner’s expense if the person driving or having the care or control of the vehicle

(1)  has a blood alcohol concentration level that is shown, by an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code (R.S.C. 1985, c. C-46), to be equal to or in excess of 160 mg of alcohol in 100 ml of blood and, during the 10 years before the seizure, the person’s licence was not cancelled for an alcohol- or drug-related offence, for having a high blood alcohol concentration level, for failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs, for fleeing from a peace officer or for failing to stop after an accident; or

(2)  fails or refuses, without a reasonable excuse, to comply with a peace officer’s demand under section 320.27 or 320.28 of the Criminal Code and, during the 10 years before the seizure, the person’s licence was not cancelled for any of the offences referred to in subparagraph 1;

(3)  (subparagraph replaced).

The peace officer retains the road vehicle from the time the person is ordered to accompany the peace officer for the analysis of a sample of the person’s breath to be made by means of an approved instrument until the time the analysis is completed.

This section applies on public highways, on highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune, on private roads open to public vehicular traffic and on land occupied by shopping centres or other land where public traffic is allowed.

2007, c. 40, s. 40; 2010, c. 34, s. 35; 2018, c. 19, s. 55.

209.2.1.1. On behalf of the Société, a peace officer shall immediately seize and impound a road vehicle for 90 days at the owner’s expense if the person driving or having the care or control of the vehicle

(1)  has a blood alcohol concentration level that is shown, by an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code (R.S.C. 1985, c. C-46), to be equal to or in excess of 80 mg of alcohol in 100 ml of blood and, during the 10 years before the seizure, the person’s licence was cancelled for an alcohol- or drug-related offence, for having a high blood alcohol concentration level, for failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs, for fleeing from a peace officer or for failing to stop after an accident;

(2)  fails or refuses, without a reasonable excuse, to comply with a peace officer’s demand under section 320.27 or 320.28 of the Criminal Code and, during the 10 years before the seizure, the person’s licence was cancelled for any of the offences referred to in subparagraph 1; or

(3)  is impaired by cannabis or any other drug or by a combination of cannabis or any other drug and alcohol according to the evaluation conducted by an evaluating officer in accordance with paragraph a of subsection 2 of section 320.28 of the Criminal Code and, during the 10 years before the seizure, the person’s licence was cancelled for any of the offences referred to in subparagraph 1.

The second and third paragraphs of section 209.2.1 apply to a seizure under this section.

2010, c. 34, s. 36; 2018, c. 19, s. 56.

209.2.1.2. Any seizure of a road vehicle under this Code is for 90 days if a measure provided for in section 202.0.1 was imposed, at any time during the 10 years before the seizure, on the person driving or having the care or control of the road vehicle.

2010, c. 34, s. 36.

209.2.1.3. For the purposes of sections 209.2.1 and 209.2.1.1, the cancellation of a licence also includes the suspension of the right to obtain one under section 180, and the definitions in section 76.1.7 apply.

2010, c. 34, s. 36; 2018, c. 19, s. 57.

209.3. After the road vehicle has been impounded, the peace officer shall prepare a minute of the seizure in the form and tenor determined by the Société.

A copy of the minute of the seizure must be provided to the driver of the vehicle, to the owner if he is present, to the custodian of the impounded vehicle and to the Société where it so requests.

1996, c. 56, s. 65.

209.4. The driver, if he is not the owner of the road vehicle, shall advise the owner of the vehicle of the seizure, without delay, and provide him with a copy of the minute of the seizure.

1996, c. 56, s. 65.

209.5. The peace officer shall advise the Société of every seizure effected under this chapter within the time and in the manner determined by the Société.

The Société shall advise the owner of the seizure in the manner set out in the fourth paragraph of section 550.

1996, c. 56, s. 65; 1999, c. 66, s. 4.

209.6. The owner or driver of a road vehicle seized may recover any personal property present in the vehicle except a radar warning device or personal property attached to or incorporated into the vehicle or used in connection with the operation of the vehicle.

1996, c. 56, s. 65.

209.7. The shipper, owner or operator of a heavy vehicle or owner of the merchandise transported in a road vehicle that is seized may recover the merchandise as well as any trailer, semi-trailer, detachable axle or single-axle towing dolly forming part of a combination of road vehicles that is seized.

1996, c. 56, s. 65; 1998, c. 40, s. 68.

209.8. The owner of a road vehicle seized may not transfer the ownership of the vehicle before the Société has authorized the recovery of the vehicle by its owner pursuant to section 209.15.

1996, c. 56, s. 65.

209.9. The custodian is entitled to retain the road vehicle until all towing and impounding charges have been paid.

Towing charges and daily impounding charges are fixed by regulation.

1996, c. 56, s. 65; 2002, c. 29, s. 31; 2022, c. 13, s. 32.

209.10. The person to whom custody of the impounded road vehicle has been entrusted shall act with care and prudence. He may surrender possession of the vehicle only if the conditions set out in section 209.15 are satisfied or after the expiry of the period provided for in section 209.17 but, in the latter case, only with the permission of the Société.

1996, c. 56, s. 65; 1999, c. 66, s. 5.

DIVISION II RELEASE FROM SEIZURE

1996, c. 56, s. 65.

209.11. The owner of a road vehicle seized may, on the authorization of a judge of the Court of Québec acting in chambers in civil matters, recover his vehicle on the conditions set out in section 209.15,

(1)  if, being the driver of the vehicle, the owner was unaware that he was disqualified; or

(2)  if, not being the driver of the vehicle, the owner

(a)  was unaware that the driver he allowed to drive his vehicle was disqualified or did not hold a licence of the class required to drive the vehicle, even though he had made a reasonable attempt to verify the information;

(b)  had not consented to the driver being in possession of the vehicle seized; or

(c)  could not reasonably have foreseen, in the case of a seizure under section 209.2.1 or 209.2.1.1, that the driver would commit the offence that gave rise to the seizure;

(d)  (subparagraph replaced).

The application for release must be served on the Société with a copy of the minute of the seizure at least two clear days before its presentation to the judge. The application is heard and decided by preference. Saturday and Sunday are not counted in calculating the time for the service.

1996, c. 56, s. 65; 2008, c. 14, s. 23; 2007, c. 40, s. 42; 2010, c. 34, s. 37; I.N. 2016-01-01 (NCCP).

209.11.1. When a road vehicle is seized on two or more grounds, the owner may recover the vehicle by proving that all the conditions for recovering the vehicle applicable to the situation are met. A judge with exclusive jurisdiction over any of the grounds for the seizure may rule on the merits of all of them.

A judge of the Court of Québec has exclusive jurisdiction over an application for release from seizure under sections 422.5 and 434.6.

2010, c. 34, s. 38.

209.12. Where an application is served on it, the Société may plead, before the date fixed for the presentation of the application, any ground of law or fact to oppose the conclusions sought in the application in whole or in part.

1996, c. 56, s. 65; I.N. 2016-01-01 (NCCP); 2018, c. 7, s. 33.

209.13. The minute prepared by the peace officer may stand in lieu of his testimony if the peace officer attests that he himself ascertained the facts set forth therein. The same applies to the copy of the minute certified true by an authorized person.

1996, c. 56, s. 65.

209.14. Sections 209.11, 209.12 and 209.13 must not be interpreted as preventing the Société from authorizing the recovery of a vehicle by its owner, on payment of the towing and impounding costs incurred by the custodian, provided the owner proves to the Société that the conditions set out in section 209.11 are met.

If a vehicle driven by its owner is seized under section 209.2.1 or 209.2.1.1, recovery of the vehicle may only be authorized if the owner proves to the Société that he did not commit the offence that gave rise to the seizure and pays the costs referred to in the first paragraph.

If the vehicle is seized on two or more grounds none of which is under the exclusive jurisdiction of a judge of the Court of Québec, recovery of the vehicle may only be authorized if the owner proves to the Société that all the conditions for recovering the vehicle that are applicable to the situation are met.

The refusal by the Société to authorize recovery of the vehicle under the second paragraph may be contested before the Administrative Tribunal of Québec, according to the terms set out in sections 202.6.11 and 202.6.12.

The rules set out in sections 202.6.3 to 202.6.5 and 202.6.7 to 202.6.10 apply, with the necessary modifications, to an application for the recovery of a vehicle made under this section.

1996, c. 56, s. 65; 2007, c. 40, s. 43; 2010, c. 34, s. 39.

209.15. At the end of the period of seizure, the owner may not recover his road vehicle except on payment of the towing and impounding costs incurred by the custodian and on presentation of the authorization furnished by the Société or a person it designates.

1996, c. 56, s. 65.

209.16. (Repealed).

1996, c. 56, s. 65; 1999, c. 66, s. 6.

DIVISION III DISPOSAL OF THE ROAD VEHICLE BY THE SOCIÉTÉ

209.17. If within 10 days after the end of a period of seizure, the road vehicle is not claimed, the Société shall dispose of it in accordance with the rules set out in this division. The disposal costs shall be borne by the owner.

1996, c. 56, s. 65; 1999, c. 66, s. 7; 2010, c. 34, s. 40.

209.18. Where the value of the road vehicle is greater than the threshold determined by regulation, which shall not be less than $5,000, the Société shall dispose of it by any method of sale it considers appropriate in the circumstances.

The vehicle may be sold only after prior notice of at least 10 days has been sent to the owner of the vehicle and to each person holding a right in the vehicle published in the register of personal and movable real rights, and after prior notice of at least ten days has been published in a newspaper circulated in the locality where the owner of the vehicle resides or, in the case of a legal person, in the locality where the legal person’s establishment is situated. Prior notice given under this section must specify, in particular, the year, make, model and registration number of the vehicle, the name of its owner, the owner’s right to claim the vehicle at any time prior to the sale on payment to the custodian of the vehicle of the towing and impounding charges and on payment of the charges that may be imposed by the Société pursuant to subparagraph 13.1 of the first paragraph of section 624.

1996, c. 56, s. 65; 1999, c. 66, s. 7; 2010, c. 34, s. 41; 2018, c. 7, s. 34; 2022, c. 13, s. 33.

209.19. Where the value of the road vehicle is equal to or less than the threshold determined by regulation, which shall not be less than $5,000, the Société may classify the vehicle as discarded and sell it or dispose of it by any other means, in particular by giving it to the custodian in payment of the latter’s claim for the cost of towing and impounding the vehicle.

The vehicle may be disposed of only after prior notice of at least five days has been sent to the owner of the vehicle and to every holder of a right in the vehicle published in the register of personal and movable real rights. Prior notice given under this section must specify, in particular, the year, make, model and registration number of the vehicle, the name of its owner, the owner’s right to claim the vehicle at any time prior to the sale on payment to the custodian of the vehicle of the towing and impounding charges and on payment of the charges that may be imposed by the Société.

1996, c. 56, s. 65; 1999, c. 66, s. 7; 2010, c. 34, s. 42; 2022, c. 13, s. 33.

209.20. For the purposes of sections 209.18 and 209.19, the value of a road vehicle is the average wholesale price indicated, for a vehicle of the make, model and equipment concerned, in the current edition of the road vehicle value guide recognized by the Société and of which the Société gives notice in the Gazette officielle du Québec.

Where the model year of the vehicle is earlier than the years covered in the current edition, the price used is the price appearing in the current edition for the year closest to the model year of the vehicle; the value of the vehicle is that price less 2% for each complete month between the model year of the vehicle and that closest year appearing in the current edition.

However, the cost of the repairs to be made to the vehicle, if any, must be deducted from the wholesale price referred to in the first paragraph or from the amount obtained pursuant to the second paragraph.

Where the make or model of the vehicle is not covered in the guide, the Société shall assess the value of the vehicle or have it assessed.

1996, c. 56, s. 65; 1999, c. 66, s. 7; 2002, c. 29, s. 32.

209.21. Every disposal of a vehicle by the Société pursuant to the rules of this division entails the extinction of all reserves of ownership, rights of redemption, hypothecs and other rights or charges encumbering the vehicle.

The Société shall forward a notice of any disposal of a vehicle to the registrar who shall, in each case, cancel the relevant entries.

1996, c. 56, s. 65; 1997, c. 80, s. 54; 1999, c. 66, s. 7.

209.22. When a road vehicle is sold, the Société shall allocate the proceeds to payment of the costs of the sale, to payment of the claim of the custodian for the cost of towing and impounding, and then to payment of the charges imposed by the Société, if any, pursuant to subparagraph 13.1 of the first paragraph of section 624. The remaining proceeds shall be allocated, in order, to payment of the following claims on the vehicle:

(1)  the claim of the lessor or holder of a reserve of ownership;

(2)  prior claims;

(3)  hypothecary claims;

(4)  the fines and costs due by the person who was the owner of the vehicle at the time of the seizure, according to the order in which notices were received by the Société pursuant to article 364 of the Code of Penal Procedure (chapter C-25.1).

Any remaining proceeds shall be remitted to the owner of the vehicle at the time of the seizure.

1996, c. 56, s. 65; 1999, c. 66, s. 7; 2003, c. 5, s. 10.

209.22.1. Even where the proceeds of the sale prove insufficient, the Société is bound to pay the costs of the sale and the claim of the custodian.

1999, c. 66, s. 7.

209.22.2. (Repealed).

1999, c. 66, s. 7; 2010, c. 34, s. 43.

209.22.3. A custodian who acquires a road vehicle in payment of a claim shall, when the vehicle is purchased to be put back into operation, provide the purchaser with a certificate of mechanical inspection issued pursuant to Title IX.

1999, c. 66, s. 7.

DIVISION IV INDEMNIFICATION BY THE SOCIÉTÉ

1996, c. 56, s. 65.

209.23. The Société shall be liable for any damage resulting from any wrongful seizure.

1996, c. 56, s. 65.

DIVISION V PENAL PROVISIONS

1996, c. 56, s. 65.

209.24. Every person who contravenes section 209.10 is guilty of an offence and is liable to a fine of $600 to $2,000.

1996, c. 56, s. 65.

209.25. Every person who requires the payment of charges greater than those established by a regulatory provision under paragraph 50 of section 621 is guilty of an offence and is liable to a fine of $600 to $2,000.

1996, c. 56, s. 65.

209.26. Every person who drives a road vehicle that has been impounded under section 209.1, 209.2 or 209.2.1 is guilty of an offence and is liable to a fine of $600 to $2,000.

1996, c. 56, s. 65; 2007, c. 40, s. 44.

TITLE VI RULES RESPECTING VEHICLES AND THEIR EQUIPMENT

CHAPTER I GENERAL PROVISIONS

210. Road vehicles and bicycles must be provided with an identification number affixed by the manufacturer, who must communicate to the Société the components of the numbers affixed to road vehicles. However, trailers and semi-trailers whose net mass does not exceed 900 kg and detachable axles are not required to be provided with such a number.

The Société may also affix an identification number to a road vehicle on payment of the fee and on the conditions established by regulation.

1986, c. 91, s. 210; 1990, c. 19, s. 11; 1996, c. 56, s. 66; 2010, c. 34, s. 44.

210.1. Where a vehicle is not provided with an identification number, its owner must request the Société or one of its mandataries to affix an identification number to the vehicle in accordance with the second paragraph of section 210.

1990, c. 83, s. 96.

211. Except with prior approval from the Société, no person may alter, make illegible, erase, replace or remove the identification number of a road vehicle or bicycle.

1986, c. 91, s. 211; 1990, c. 19, s. 11.

211.1. No person may sell, lease or place at the disposal of a person for valuable consideration, or offer in any way to sell, lease or place at the disposal of a person for valuable consideration, a new road vehicle of a category subject to the Motor Vehicle Safety Act (S.C. 1993, c. 16), unless the vehicle bears a national safety mark within the meaning of that Act or the compliance label prescribed by that Act.

The same prohibition applies with respect to a new power-assisted bicycle, unless the bicycle bears the label prescribed by that Act.

1996, c. 56, s. 67; 2002, c. 29, s. 33.

212. In addition to the equipment prescribed in this Title, road vehicles and bicycles must be equipped with any other accessory and equipment required to be installed by the manufacturer under an Act or a regulation in force in Québec.

1986, c. 91, s. 212.

212.1. The Société may require the removal, repair or modification of any equipment on a road vehicle that has not been installed by the manufacturer of the road vehicle if the equipment presents a risk for road users.

1998, c. 40, s. 69.

213. All equipment prescribed in this Code must be kept in good working order at all times.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune, to private roads open to public vehicular traffic as well as land occupied by shopping centres and other land where public traffic is allowed.

1986, c. 91, s. 213; 1998, c. 40, s. 70; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2008, c. 14, s. 24.

214. No person may put any of the following vehicles into operation:

(1)  a road vehicle intended to be operated on a public highway that has undergone alterations which may affect its compliance with the Motor Vehicle Safety Act (S.C. 1993, c. 16);

(2)  a road vehicle intended to be operated on a public highway that has undergone alterations, including to the chassis, the body, a system or a mechanism, which may reduce its stability or braking capacity, or that was transformed into another type of vehicle; or

(3)  a motor vehicle made by hand.

Despite the first paragraph, vehicles described in that paragraph may be put into operation if they have first undergone an inspection of the alterations made or, in the case of a vehicle made by hand, of its components and their assembly. For that purpose, the Société may also require any information that is necessary to determine whether the vehicle is safe.

The inspection shall be carried out before the mechanical inspection prescribed by subparagraph 8 of the first paragraph of section 521.

The Société shall issue an inspection certificate when it is proved to the Société’s satisfaction that the vehicle is safe.

The inspection prescribed by this section however is not required if the Société considers that the safety of road users is not compromised.

The Société has exclusive jurisdiction to carry out the inspection of altered vehicles or vehicles made by hand and to issue inspection certificates. The Société may, however, on the conditions it determines, appoint persons authorized to carry out the inspection of such vehicles on its behalf.

1986, c. 91, s. 214; 1987, c. 94, s. 42; 1990, c. 19, s. 11; 1996, c. 56, s. 144; 2018, c. 7, s. 35.

214.0.1. This Title does not apply to a self-propelled aerial basket.

2004, c. 2, s. 19.

214.0.2. The Government may prescribe by regulation any special rules that low-speed vehicles must meet to be driven on public highways.

2016, c. 8, s. 52.

CHAPTER II PROVISIONS RESPECTING VEHICLE LIGHTING DEVICES AND WARNING LIGHTS

214.1. (Repealed).

1990, c. 83, s. 97; 1996, c. 56, s. 68; 1998, c. 40, s. 71; 2002, c. 29, s. 34.

215. Every motor vehicle, other than a motorcycle or a moped, must carry at least

(1)  two single or double white headlights, at the same height, one on each side of the vertical centreline and as far apart as practicable;

(2)  two amber or white parking lights, on the front, at the same height, one on each side of the vertical centreline and as far apart as practicable;

(3)  two red taillights, at the rear, at the same height, one on each side of the vertical centreline and as far apart as practicable;

(3.1)  two red reflectors at the rear, at the same height, one on each side of the vertical centreline and as far apart as practicable;

(4)  two red stop lights, at the rear, at the same height, one on each side of the vertical centreline and as far apart as practicable;

(5)  two amber or white turn-signal lights, on the front, at the same height, one on each side of the vertical centreline and as far apart as practicable;

(6)  two red or amber turn-signal lights, at the rear, at the same height, one on each side of the vertical centreline and as far apart as practicable;

(7)  one amber side marker lamp and one amber side reflector on each side, as far forward as practicable;

(8)  one red side marker lamp and one red side reflector on each side, as far to the rear as practicable;

(9)  a white back-up light at the rear;

(10)  a white light illuminating the rear registration plate.

In the case of a combination of road vehicles, the lights prescribed in subparagraphs 3, 3.1, 4, 6 and 10 of the first paragraph must be mounted at the rear of the last vehicle.

The lights referred to in subparagraph 2 of the first paragraph are not required on any vehicle exceeding 2.03 metres in width.

1986, c. 91, s. 215; 1990, c. 83, s. 98; 2022, c. 13, s. 34.

215.1. Any motor vehicle measuring 9.1 metres or more in length must carry an amber side marker lamp and an amber side reflector on each side, midway between the front and rear side marker lamps.

1990, c. 83, s. 99.

216. In addition to the lights prescribed in section 215, every motor vehicle, other than a passenger vehicle, measuring at any point more than 2.03 metres in width must carry,

(1)  on the front, two amber clearance lights, at the same height and not more than 150 mm from the upper right and left extremities of the vehicle;

(2)  at the rear, two red clearance lights, not more than 150 mm from the upper right and left extremities of the vehicle;

(3)  (subparagraph repealed);

(4)  on the front, three amber identification lights, grouped in a horizontal row at the centre above the windshield, and spaced not less than 150 mm nor more than 300 mm apart;

(5)  at the rear, three red identification lights, grouped in a horizontal row at the centre and spaced not less than 150 mm nor more than 300 mm apart.

Where the identification lights prescribed in subparagraph 5 of the first paragraph are mounted at the very top of the vehicle, the clearance lights prescribed in subparagraph 2 of the first paragraph need not be mounted at the prescribed height.

1986, c. 91, s. 216; 1990, c. 83, s. 100; 1998, c. 40, s. 72; 2019, c. 18, s. 236.

216.1. Subparagraph 8 of the first paragraph of section 215 and subparagraphs 2 and 5 of the first paragraph of section 216 do not apply to a motor vehicle designed to pull a semi-trailer and having no load space.

1990, c. 83, s. 101.

217. (Repealed).

1986, c. 91, s. 217; 1990, c. 83, s. 102.

218. (Repealed).

1986, c. 91, s. 218; 1998, c. 40, s. 73.

219. The three red identification lights and the two red reflectors of a motor vehicle or of a combination of road vehicles whose only superstructure is the driver’s cab must be grouped in a horizontal row at the rear of the platform or between the two trail-lights required for all vehicles.

1986, c. 91, s. 219; 1990, c. 83, s. 103.

220. In addition to the lights and reflectors prescribed in sections 215 and 216, every trailer or semi-trailer must carry one red side marker lamp on each side and as far to the rear as practicable.

It must also carry

(1)  if it measures 1.8 metres or more in length, one amber side marker lamp on each side and as far forward as practicable;

(2)  if it measures 9.1 metres or more in length, one amber side marker lamp and one amber side reflector midway between the front and rear side marker lamps.

1986, c. 91, s. 220; 1990, c. 83, s. 104.

220.0.1. Despite sections 215, 216 and 220, a construction trailer, as defined by regulation, exceeding 2.6 metres in width and forming part of a combination of road vehicles must at least carry, at the rear, the following lights:

(1)  two red taillights, at the same height, one on each side of the vertical centreline and as far apart as practicable;

(2)  two red stop lights, at the same height, one on each side of the vertical centreline and as far apart as practicable; and

(3)  two red or amber turn-signal lights, at the same height, one on each side of the vertical centreline and as far apart as practicable.

Detachable equipment may be used to replace those lights.

2022, c. 13, s. 35.

220.1. The lights and reflectors prescribed by this chapter may be combined on the condition that they meet the requirements of this chapter.

However, a clearance light may not be combined with an identification light, nor a rear clearance light with a taillight.

1990, c. 83, s. 105; 2022, c. 13, s. 36.

220.2. A trailer, semi-trailer or truck tractor may be equipped with reflective material in accordance with the Motor Vehicle Safety Act (S.C. 1993, c. 16) instead of the reflectors prescribed by this chapter.

1996, c. 56, s. 69; 1998, c. 40, s. 74; 2018, c. 7, s. 36.

220.3. Except for trailers designed exclusively for dwelling purposes and construction trailers, as defined by regulation, trailers and semi-trailers measuring 2.05 m or more in width and having a gross vehicle weight rating of more than 4,536 kg must be equipped with reflective material in accordance with the Motor Vehicle Safety Act (S.C. 1993, c. 16).

1998, c. 40, s. 75; 2004, c. 2, s. 20; 2008, c. 14, s. 25; 2018, c. 7, s. 37; 2022, c. 13, s. 37.

220.4. Despite section 220.3, construction trailers exceeding 2.6 metres in width and travelling at night must be equipped, on each of the longest sides, with reflective material, in accordance with the standards prescribed by a regulation made pursuant to the Motor Vehicle Safety Act (S.C. 1993, c. 16) with regard to trailers referred to in the regulation.

2022, c. 13, s. 38.

221. In addition to the lights prescribed in section 215, every passenger vehicle, other than a motorcycle or a moped, and every other vehicle of the same configuration manufactured from 1 January 1987 must be equipped with a red stop light at the rear, on the vertical centreline, at the same height as or higher than the stop lights prescribed in paragraph 4 of section 215.

1986, c. 91, s. 221.

222. The fog lights that may be mounted on a road vehicle must conform to the standards established by regulation and must be on the front of the vehicle and at the same height, which must not be higher than that of the white headlights.

1986, c. 91, s. 222.

223. All back-up lights on a road vehicle must remain extinguished when the vehicle is moving forward.

1986, c. 91, s. 223; 1990, c. 83, s. 106.

224. The Minister of Transport may authorize, on conditions established by regulation, the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles.

1986, c. 91, s. 224.

225. A road vehicle over 2 metres in width, operated on a public highway, must carry portable lamps, reflectors or flares, the standards of use of which are prescribed by regulation.

1986, c. 91, s. 225; 1990, c. 83, s. 107; 1996, c. 56, s. 70; I.N. 2021-10-31.

226. Emergency vehicles may carry flashing or rotating red lights. In addition, they may carry alternately flashing white headlights and flashing or rotating white lights.

Police vehicles may carry blue flashing or rotating lights.

1986, c. 91, s. 226; 1987, c. 94, s. 43; 2018, c. 7, s. 38.

226.1. Only emergency vehicles designed to serve as a command and coordination post may be equipped with a green rotating light which may be used solely within the safety perimeter established by the person in charge of the emergency operation.

1998, c. 40, s. 76.

226.2. Only the following persons may use one or more flashing green lights on a road vehicle other than an emergency vehicle:

(1)  a firefighter authorized by the municipal authority that established the fire safety service of which the firefighter is a member, when responding to an emergency call from a fire safety service; and

(2)  the driver of a tow truck carrying flashing or rotating amber lights in accordance with section 227, when such lights are activated and the tow truck is required by an emergency service.

Where required by circumstances and when the flashing green light is activated, the firefighter or driver of a tow truck referred to in the first paragraph is authorized to travel on the shoulder and stop the vehicle in any place. The firefighter or driver must act in a manner that does not endanger human life and safety.

The light may remain installed on a vehicle travelling for a purpose other than those provided for in this section, but it shall not be activated.

The Government prescribes, by regulation, the conditions for obtaining the authorization referred to in subparagraph 1 of the first paragraph and the form and content of the certificate of authorization. It determines in what cases and on what conditions more than one flashing green light may be used and prescribes the technical standards the light must meet, which may vary according to the vehicle on which the light is installed, and the method for its installation.

For the purposes of this section, “municipal authority” means the local authority, regional authority or intermunicipal board that established a fire safety service within the meaning of the Fire Safety Act (chapter S-3.4).

2018, c. 7, ss. 39 and 186; 2022, c. 13, s. 39.

227. In addition to road vehicles that are required by law to be so equipped, the following vehicles may carry flashing or rotating amber lights:

(1)  vehicles recognized by the Société in accordance with the criteria established by regulation;

(2)  service vehicles;

(3)  equipment vehicles;

(4)  vehicles used for road maintenance or for snow removal;

(5)  vehicles used for work on a public utility and belonging to a telecommunications enterprise or an enterprise acting for it, the Canada Post Corporation, an enterprise operating an electrical transmission system or a public transportation enterprise for the supervision or maintenance of a public transport network;

(6)  farm tractors regardless of whether they belong to a farmer;

(7)  tool vehicles; and

(8)  vehicles that escort participants during exceptional events or sports events or competitions.

For the purposes of this section, “service vehicle” is a motor vehicle equipped to refuel, repair or tow road vehicles and an “equipment vehicle” is a motor vehicle used for the transportation of permanently attached equipment and provided with a load space.

1986, c. 91, s. 227; 2018, c. 7, s. 40.

227.1. Road vehicles belonging to a funeral services business may carry flashing white or purple lights on the front of the vehicle.

2018, c. 7, s. 41.

228. Where the conditions of issue of a special permit require that a road vehicle be equipped with a rotating or flashing amber light, the light may be permanently attached to the vehicle but it must not be operated when the special permit is no longer required.

1986, c. 91, s. 228; 1987, c. 94, s. 44; 2008, c. 14, s. 28.

228.1. No vehicle that carries a sign or signal or similar device in lieu thereof required to obtain a special permit shall be used otherwise than in connection with the special permit, unless the sign, signal or device has been removed or covered.

1996, c. 56, s. 71.

229. Every bus or minibus used for the transportation of school children within the meaning of a regulation under the Transport Act (chapter T-12) must be equipped with two signs bearing the inscription “Écoliers”, one on the front of the vehicle, the other at the rear. It must also be equipped with flashing lights, on the front and at the rear of the vehicle and with a compulsory stop signal consisting of a retractable stop sign or a retractable arm with a stop sign.

The lights, the signs and the compulsory stop signal prescribed in the first paragraph must conform to the regulations under the Transport Act.

The signs must be removed or covered when the vehicle is not being used to provide the transportation referred to in section 454 of 461.

1986, c. 91, s. 229; 1993, c. 42, s. 4.

230. Every motorcycle or moped must carry at least

(1)  one white headlight;

(2)  one red taillight;

(3)  two white or amber turn-signal lights on the front and two red or amber turn-signal lights at the rear;

(4)  one red stop light at the rear;

(5)  two amber reflectors, one on each side, at the same height, as far forward as practicable; and

(6)  two red reflectors, one on each side, at the same height, as far to the rear as practicable.

1986, c. 91, s. 230; 2018, c. 7, s. 42.

231. When a motorcycle is equipped with a sidecar, the sidecar must carry a red taillight, which must be as near as practicable to the right extremity of the sidecar.

1986, c. 91, s. 231.

232. Every bicycle must carry

(1)  one white reflector at the front;

(2)  one red reflector at the rear;

(3)  one amber or white reflector on each pedal;

(4)  on the front wheel, an amber or white reflector attached to the spokes and visible on both sides of the bicycle, an amber or white reflective strip attached to each side of the fork, a tire with reflective sidewalls or a rim with a continuous reflective strip around the entire circumference of the wheel on both sides; and

(5)  on the back wheel, a red or white reflector attached to the spokes and visible on both sides of the bicycle, a red or white reflective strip on each seat stay, a tire with reflective sidewalls, or a rim with a continuous reflective strip around the entire circumference of the wheel on both sides.

Despite the first paragraph, a bicycle need not carry the reflector required under subparagraph 3 of that paragraph if the cyclist wears a reflective band around each ankle or shoes with reflective strips.

Any equipment or object placed on a bicycle that blocks a prescribed reflector or its substitute must carry a reflector or a reflective strip.

A trailer towed by a bicycle must carry two red reflectors at the rear, as far apart as practicable, or a red reflective strip placed as close to horizontal as possible across the width of the trailer.

1986, c. 91, s. 232; 2010, c. 34, s. 45; 2018, c. 7, s. 43.

233. At night, every bicycle must also carry, a white headlight or white light, at the front, and one red taillight, both of which may be flashing.

1986, c. 91, s. 233; 2018, c. 7, s. 44; 2022, c. 13, s. 40.

233.1. No bicycle dealer shall sell, offer for sale, rent or offer for rent a bicycle unless the bicycle complies with the requirements of the first paragraph of section 232.

However, if the bicycle carries clipless pedals or does not have pedals, the prohibition set out in this section does not apply as regards the reflectors required under subparagraph 3 of the first paragraph of section 232.

1996, c. 56, s. 72; 2018, c. 7, s. 45.

233.2. No dealer shall sell, offer for sale, rent or offer for rent a non-motorized scooter unless it carries at least

(1)  one white reflector or white reflective material at the front;

(2)  one red reflector or red reflective material at the rear;

(3)  one red reflector or red reflective material on each side, as far to the rear as practicable.

2002, c. 29, s. 35.

234. Every road vehicle, other than a vehicle specifically mentioned in this chapter, must carry two white headlights and two red taillights.

1986, c. 91, s. 234.

235. The white headlights prescribed in this chapter must be firmly attached to the vehicle and be so adjusted as to produce, under normal atmospheric conditions and on a level road, sufficient light to enable the driver of the vehicle to discern a person or an object within a distance of 150 metres.

In the case of a moped, the light must enable the driver to discern a person or an object within a distance of 90 metres and in the case of a bicycle, at a distance of 10 metres.

1986, c. 91, s. 235.

236. Where two white headlights are mounted on a vehicle, they must be at the same height, one on each side of the vertical centreline and as far apart as practicable.

1986, c. 91, s. 236.

237. The headlights, lights and reflectors prescribed in this chapter must be visible at a distance of not less that 150 metres and conform to the standards established by regulation.

They must be kept free of any obstructing matter that reduces their effectiveness.

If equipment installed on a vehicle blocks the vehicle’s headlights, lights or reflectors, the vehicle or equipment must carry equivalent headlights, lights or reflectors in places where they are visible.

1986, c. 91, s. 237; 2018, c. 7, s. 46.

238. A peace officer may require the driver of a road vehicle to clean the headlights, lights and reflectors of the vehicle where their effectiveness is reduced by dirt or other obstructing matter.

The driver must comply with the requirement of the peace officer.

1986, c. 91, s. 238.

239. No road vehicle, except a vehicle contemplated in sections 226 to 227.1, may carry alternately flashing white headlights or flashing or rotating lights of whatever colour.

No road vehicle contemplated in any of sections 226, 226.2, 227 and 227.1 may carry flashing or rotating lights of another colour than the colour authorized for that vehicle in accordance with the section which applies to such a vehicle.

1986, c. 91, s. 239; 1987, c. 94, s. 46; 1990, c. 83, s. 108; 2018, c. 7, s. 47.

239.1. The driver of a road vehicle recognized by the Société, according to the criteria established by regulation, as an emergency vehicle or as a vehicle that may carry flashing or rotating amber lights must have the certificate of recognition with him.

The owner of the vehicle must affix the sticker issued by the Société as required by the regulation.

2018, c. 7, s. 48.

239.1.1. The firefighter who uses a flashing green light installed on the vehicle must have with him the required certificate of authorization.

2018, c. 7, s. 48; 2022, c. 13, s. 41.

239.2. A driver referred to in section 239.1 or, as the case may be, a firefighter referred to in section 239.1.1 must, at the request of a peace officer, surrender for examination the certificate the driver or firefighter is required to have with him.

The peace officer must return the certificate to the driver as soon as the officer has examined it.

2018, c. 7, s. 48; 2022, c. 13, s. 42.

240. A peace officer is authorized to require the removal, at the expense of the owner, of a flashing or rotating light carried by a road vehicle in contravention of this Code.

The peace officer shall give a receipt to the person in possession of the vehicle and remit the light to the Société.

1986, c. 91, s. 240; 1990, c. 19, s. 11.

240.1. Every towing vehicle must carry the necessary equipment for operating the lights on the road vehicle being towed. Detachable equipment may be used to replace the lights.

1990, c. 83, s. 109; 1998, c. 40, s. 77.

240.2. Except section 240.3, this chapter does not apply to the following vehicles to the extent that the conditions set out in the second paragraph are complied with:

(1)  self-propelled farm machines;

(2)  towed vehicles in a combination of agricultural vehicles, as defined by regulation, belonging to a farmer and used for agricultural purposes or for the exclusive transport of unprocessed timber; and

(3)  trailers in a combination of road vehicles used for the exclusive transport of unprocessed timber.

The conditions to which the first paragraph refers are the following:

(1)  the farm machine or combination of vehicles travels at a speed of less than 40 km/h and is equipped at the rear with the sign required under section 274;

(2)  the farm machine or combination of vehicles is equipped with two red reflectors at the rear, one on each side of the vertical centreline and as far apart as practicable; and

(3)  the combination of vehicles is equipped at the rear, when travelling at night, with at least one red taillight placed as close as practicable to the left lateral extremity and visible from a distance of at least 150 metres.

Detachable equipment may be used to replace the light referred to in subparagraph 3 of the second paragraph.

2002, c. 29, s. 36; 2004, c. 2, s. 21; 2018, c. 7, s. 49; 2022, c. 13, s. 43.

240.3. Every self-propelled farm machine must carry two white headlights and two red taillights.

Self-propelled farm machines and combinations of farm vehicles as defined by regulation must be equipped with the equipment that meets the safety standards prescribed by regulation, to the extent that the machines or vehicles exceed 2.6 m in width and belong to a farmer.

In addition, the drivers of such machines or combinations of vehicles and the drivers of road vehicles escorting them are subject to the traffic rules prescribed by regulation.

2002, c. 29, s. 36; 2004, c. 2, s. 22; 2018, c. 7, s. 50.

CHAPTER III PROVISIONS RESPECTING BRAKES AND BRAKE SYSTEMS

241. For the purposes of this chapter, the term “motor vehicle” does not include a motorcycle or moped.

1986, c. 91, s. 241.

242. Subject to sections 243 to 247, every road vehicle must be equipped with at least one braking system sufficiently powerful to stop the vehicle quickly in case of emergency and hold the vehicle stationary.

1986, c. 91, s. 242.

243. Every motor vehicle or combination of road vehicles must be equipped with at least one service brake system allowing sufficient braking force to be applied on each weight-bearing wheel to stop the vehicle quickly in case of emergency and with a parking brake system to hold the vehicle stationary.

1986, c. 91, s. 243.

244. Every trailer or semi-trailer that is part of a combination of road vehicles and that has a mass, once loaded, of 1,300 kg or more or that has a mass, once loaded, of over half the net mass of the motor vehicle by which it is towed must be equipped with an independent braking system allowing application of a braking force on each weight-bearing wheel.

The towing vehicle must carry the necessary equipment for operating the braking system of any trailer or semi-trailer referred to in the first paragraph being towed.

This section does not apply to the following combinations of vehicles that comply with the conditions set out in the second paragraph of section 240.2:

(1)  combinations of farm vehicles as defined by regulation, including combinations with semi-trailers, whose towed vehicles belong to a farmer and are used for agricultural purposes or for the exclusive transport of unprocessed timber; and

(2)  combinations of road vehicles whose trailers and semi-trailers are used for the exclusive transport of unprocessed timber.

1986, c. 91, s. 244; 1990, c. 83, s. 110; 1996, c. 56, s. 73; 2004, c. 2, s. 23; 2018, c. 7, s. 51.

245. Every trailer or semi-trailer operated without an independent brake system that can stop the vehicle if the trailer or semi-trailer becomes separated from the towing vehicle must be equipped with a chain, a cable or any other sufficiently solid safety device installed so that the trailer or semi-trailer and the towing vehicle would remain attached were the coupling device to break.

The towing vehicle must carry the necessary equipment for attaching the chain, cable or safety device of the trailer or semi-trailer.

1986, c. 91, s. 245; 1990, c. 83, s. 111; 2010, c. 34, s. 46.

246. Every motorcycle or moped must be equipped with at least one brake system acting on the front and rear wheels.

The brake system must be sufficiently powerful to stop the vehicle quickly in case of emergency and to hold it stationary.

1986, c. 91, s. 246; 2010, c. 34, s. 47.

247. Every bicycle and non-motorized scooter must be equipped with at least one brake system acting on the rear wheel. The system must be sufficiently powerful to quickly block the rotation of the wheel on a paved, dry and level roadway.

1986, c. 91, s. 247; 2002, c. 29, s. 37.

248. No person may drive a road vehicle having a brake system that has been modified or altered in such a way as to reduce its effectiveness.

1986, c. 91, s. 248.

249. A peace officer who has reasonable grounds to believe that the brake system of a road vehicle or bicycle is defective or out of order may require that the vehicle be taken to the nearest practicable place and retained at the expense of the owner until the problem is corrected.

1986, c. 91, s. 249.

CHAPTER IV PROVISIONS RESPECTING VARIOUS OTHER EQUIPMENT

250. No person may either effect or cause the removal, alteration or putting out of service of a seat belt with which the seats of a road vehicle are equipped under the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16).

1986, c. 91, s. 250; 1996, c. 56, s. 144.

250.1. No person may, in the carrying on of a business, sell, offer for sale, rent or offer for rent a protective helmet for motorcyclists, moped operators or their passengers unless it meets the standards established by regulation.

1996, c. 56, s. 74.

250.2. No person may install in a road vehicle or, for the purposes of such installations, sell, lease or place at the disposal of a person for valuable consideration, an air bag module, a seat belt with a pretensioner, or an air bag and seat belt electronic control module unless the equipment is new equipment originating from the manufacturer of the road vehicle and intended for such a vehicle. However, the equipment may be reinstalled in the same vehicle after being removed for the sole purpose of vehicle repairs or maintenance, provided it is in good working order.

No person may repair a module after the air bag has deployed or a seat belt with a pretensioner that has been activated. No person other than a person authorized by the manufacturer of the vehicle concerned may reprogram or repair an air bag or seat belt electronic control module.

The same prohibitions apply to offering to perform any of the acts referred to in the first or second paragraph.

The Société may, on the conditions it determines, exempt a person from the prohibitions of this section, except the prohibition to repair an air bag module and the prohibition to repair a seat belt.

2002, c. 29, s. 38; 2010, c. 34, s. 48.

250.3. No person may remove or cause to be removed an air bag module installed in a road vehicle, or render it inoperative except by means of a device installed by the manufacturer of the vehicle before its sale to the first user. The prohibition does not apply if the air bag module must be removed or rendered inoperative for the purpose of adapting a road vehicle for a handicapped person.

The Société may, on the conditions it determines and for reasons of safety, exempt a person from the prohibition.

2002, c. 29, s. 38; 2002, c. 62, s. 3; 2010, c. 34, s. 49.

250.4. No person may install, sell, lease or place at the disposal of a person for valuable consideration, a device the purpose of which is to simulate the presence or proper functioning of air bags or seat belts with pretensioners.

2002, c. 29, s. 38.

251. No person may

(1)  install a radar warning device, have a radar warning device installed or in any way place a radar warning device in a road vehicle;

(2)  place any object or have any object placed on a road vehicle, or apply any material or have any material applied to a road vehicle, that is capable of interfering in any way with the operation of a photo radar device or a red light camera system or with the recording of registration plate information by the camera of such a radar device or camera system.

1986, c. 91, s. 251; 1988, c. 68, s. 11; 2007, c. 40, s. 45; 2012, c. 15, s. 5.

252. No person may sell or lease to, or place at the disposal of any person, in exchange for consideration, or in any way offer to sell or lease to, or to place at the disposal of any person, in exchange for consideration, a radar warning device.

Any contravention of this section entails, upon conviction, the confiscation of the radar warning device in favour of the Société.

1986, c. 91, s. 252; 1988, c. 68, s. 12; 1990, c. 19, s. 11.

253. (Repealed).

1986, c. 91, s. 253; 2007, c. 40, s. 47.

254. Every motor vehicle must be equipped with a horn.

1986, c. 91, s. 254.

255. Only emergency vehicles may be equipped with a siren or a device producing a similar sound or a traffic-light changing device.

The first paragraph does not apply to an anti-theft device installed and used in a road vehicle in accordance with the standards established by regulation.

1986, c. 91, s. 255.

256. No person may sound the horn of a road vehicle, except in case of necessity.

In addition to public highways, this section applies on private roads open to public vehicular traffic, as well as on land occupied by shopping centres and other land where public traffic is allowed.

1986, c. 91, s. 256; 1990, c. 83, s. 112.

257. A peace officer is authorized to require the removal, at the expense of the owner of a road vehicle, of a siren or any other device producing a similar sound installed on a vehicle in contravention of this Code. The peace officer shall give a receipt to the person in possession of the vehicle and remit the device to the Société.

1986, c. 91, s. 257; 1990, c. 19, s. 11.

257.1. Every heavy vehicle with a dump body whose height, when the dump body is raised, exceeds the maximum height prescribed by regulation must be equipped with a flashing red warning light and an audible warning device which must activate automatically when the dump body is not completely lowered.

The Government may prescribe, by regulation, other standards applicable to the warning light and audible warning device required under the first paragraph.

2018, c. 7, s. 52.

The application of this section with respect to a combination of road vehicles having a total combined gross vehicle weight rating of 4,500 kg or more and consisting of a tractor, equipped with pneumatic tires or rubber caterpillar tracks, designed to draw farm equipment and that draws a trailer with a dump body, is hereby suspended. (See M.O. 2021-15, 2021-06-16, (2021) 153 G.O. 2, 2235)

258. Every motor vehicle, except a vehicle that does not use fuel as its source of energy, must be equipped with an exhaust system that conforms to the standards established by regulation.

1986, c. 91, s. 258; 2018, c. 7, s. 53.

259. No person may sell or offer for sale, for use on a public highway, an exhaust system that does not conform to the standards prescribed by regulation.

1986, c. 91, s. 259.

260. No person may perform or cause the performance of any operation on a motor vehicle to cancel or reduce the effectiveness of the exhaust system of the vehicle.

1986, c. 91, s. 260.

261. Every motor vehicle equipped with a windshield, other than a motorcycle or moped, must be equipped with a front windshield wiper and, if fitted as original equipment by the manufacturer, a front windshield washer.

1986, c. 91, s. 261.

262. Every motor vehicle, other than a motorcycle or moped, must be equipped with at least two rear-view mirrors, one solidly attached to the interior of the vehicle at the centre of the upper part of the windshield, and the other, to the exterior of the vehicle on the left side.

When the interior rear-view mirror cannot be used, another rear-view mirror must be attached to the exterior of the vehicle on the right side.

Where the motor vehicle draws a trailer or a semi-trailer, rear-view mirrors must be attached so as to enable the driver to have a clear view to the back of the combination of vehicles:

(1)  one rear-view mirror attached to the exterior of the motor vehicle on the left side if the existing rear-view mirror cannot be used; and

(2)  another rear-view mirror attached to the exterior of the motor vehicle on the right side if the existing interior or exterior rear-view mirror on the right side cannot be used.

When an outsized vehicle referred to in the third paragraph is operated under a special permit, the presence of an escort vehicle behind the outsized vehicle may compensate for the absence of rear-view mirrors.

1986, c. 91, s. 262; 1987, c. 94, s. 47; 2008, c. 14, s. 30.

The application of the first and second paragraphs is suspended with regard to the requirement that a motor vehicle, other than a motorcycle or moped, be equipped with exterior rear-view mirrors, see M.O. 2023-13 dated 2023-04-15, (2023) 155 G.O. 2, 644.

263. Every motorcycle or moped must be equipped with two rear-view mirrors, one solidly attached to each side of the vehicle.

1986, c. 91, s. 263.

264. The windows, windshield and safety partitions of a motor vehicle must be made of transparent glass so manufactured or treated as to substantially reduce friability and the likelihood of shattering.

1986, c. 91, s. 264.

265. The windshield and the other windows of a motor vehicle must conform to the standards prescribed by regulation to ensure good visibility for the driver.

They must be free of any material that might reduce visibility for the driver.

1986, c. 91, s. 265.

266. No person may coat the windshield or the front side windows of a road vehicle or cause them to be coated with a substance having the effect of reducing or preventing good visibility from inside or outside the vehicle.

1986, c. 91, s. 266; 1996, c. 56, s. 75.

267. A peace officer may require the driver of a vehicle to clean or clear the windshield and windows where obstructing matter reduces visibility for the driver.

The driver must comply with the requirement of the peace officer.

1986, c. 91, s. 267.

268. Every motor vehicle, other than a motorcycle with a piston displacement not in excess of 125 cc or a moped, must be equipped with an odometer and a speedometer.

1986, c. 91, s. 268.

269. Where a road vehicle is equipped with bumpers as original equipment by the manufacturer, they must be solidly attached to the part of the vehicle designed for that purpose.

1986, c. 91, s. 269.

270. Every road vehicle must be fitted with tires that conform to the standards prescribed by regulation.

1986, c. 91, s. 270.

271. No person may sell or offer for sale, for use on a public highway, a tire that does not conform to the standards prescribed by regulation.

1986, c. 91, s. 271.

272. Motor vehicles and combinations of road vehicles not fitted with permanent mudguards or fitted with permanent mudguards that are narrower than the tire tread or the rear portion of which is more than 350 mm from the ground when the vehicle is not loaded must be equipped with detachable mudguards of resistant material and at least as wide as the tire tread, except the following vehicles:

(1)  farm machines not equipped with mudguards by the manufacturer; and

(2)  construction trailers, as defined by regulation, provided that the floor completely covers the width of the tire tread and that the ratio of the length of the overhang to the height between the bottom of the trailer and the ground is not less than three, the overhang being measured from the rear of the trailer to the centre of the last axle.

1986, c. 91, s. 272; 1996, c. 56, s. 76; 2002, c. 29, s. 39; 2004, c. 2, s. 24; 2022, c. 13, s. 44.

272.1. A tractor truck is not required to be fitted with detachable mudguards if it is drawing a trailer or semi-trailer providing adequate protection against material being thrown towards the rear.

1998, c. 40, s. 78.

273. The lower end of the detachable mudguards must not be more than 350 mm from the ground, measured when the vehicle is not loaded.

1986, c. 91, s. 273.

274. Every road vehicle built to be driven at a speed of less than 40 km/h as well as every animal-drawn vehicle must carry a warning sign in accordance with the standards prescribed by regulation.

1986, c. 91, s. 274; 1987, c. 94, s. 48.

Not in force

274.1. The owner of a road vehicle used for the transportation of handicapped persons must comply with the standards, conditions and procedures prescribed for the operation, custody, maintenance, salubrity and safety of such a vehicle.

He must also comply with the standards prescribed for the installation and use of safety equipment and accessories in respect of such a vehicle.

1987, c. 94, s. 49.

274.2. No person may sell, lease or place at the disposal of a person or offer in any way to sell, lease or place at the disposal of a person, for valuable consideration, an electric motor to transform a bicycle into a power-assisted bicycle, unless the motor

(1)  meets the standards prescribed by a regulation made pursuant to the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16) concerning the electric motor of a power-assisted bicycle where the motor is installed in accordance with the manufacturer’s standards for installation on a bicycle;

(2)  has an enabling mechanism to turn the electric motor on and off that is separate from the accelerator controller and fitted in such a manner that it is operable by the driver, or a mechanism that prevents the motor from being engaged before the bicycle attains a speed of 3 km/h; and

(3)  bears a label that indicates its continuous power output rating and the maximum number of revolutions per minute, as measured at the shaft of the motor.

2002, c. 29, s. 40.

274.3. No person may sell, lease or place at the disposal of a person or offer in any way to sell, lease or place at the disposal of a person, equipment or a part, device or apparatus designed to increase the power or maximum speed of a moped to a level greater than that originally provided by the manufacturer.

2008, c. 14, s. 31.

CHAPTER V PENAL PROVISIONS

275. The owner of a road vehicle that does not meet the requirements of any of sections 269 and 272 to 274 is guilty of an offence and is liable to a fine of $30 to $60.

1986, c. 91, s. 275; 1990, c. 4, s. 212; 2018, c. 7, s. 54.

275.1. The owner or driver of a road vehicle who contravenes section 239.1 is guilty of an offence and is liable to a fine of $30 to $60.

2018, c. 7, s. 55.

275.1.1. The firefighter who contravenes section 239.1.1 is guilty of an offence and is liable to a fine of $30 to $60.

2022, c. 13, s. 45.

276. The owner of a bicycle that does not meet the requirements of any of sections 212, 232 and 233, the second paragraph of section 235 or of either of sections 237 and 247 is guilty of an offence and is liable to a fine of $80 to $100.

A cyclist whose bicycle is not equipped with the reflector required under subparagraph 3 of the first paragraph of section 232 and who does not wear a reflective band around each ankle or shoes with reflective strips as required under the second paragraph of that section is guilty of an offence and is liable to a fine of $80 to $100.

1986, c. 91, s. 276; 1990, c. 4, s. 212; 2018, c. 7, s. 56.

276.1. The owner of a non-motorized scooter that does not meet the requirements of section 247 is guilty of an offence and is liable to a fine of $80 to $100.

2002, c. 29, s. 41; 2018, c. 7, s. 57.

277. Every person who contravenes the second paragraph of section 238 is guilty of an offence and is liable to a fine of $60 to $100.

1986, c. 91, s. 277; 1990, c. 4, s. 212; 1990, c. 83, s. 113.

278. The owner of a road vehicle who contravenes section 213 is guilty of an offence and is liable to a fine of $60 to $100.

1986, c. 91, s. 278; 1990, c. 4, s. 212.

279. (Repealed).

1986, c. 91, s. 279; 1990, c. 4, s. 212; 1990, c. 83, s. 114.

280. The owner of a road vehicle that does not meet the requirements of section 236 is guilty of an offence and is liable to a fine of $60 to $100.

1986, c. 91, s. 280; 1990, c. 4, s. 212; 1990, c. 83, s. 115.

281. Every person who installs or uses a white headlight in contravention of section 224 or who contravenes section 256 is guilty of an offence and is liable to a fine of $100 to $200.

Every person who uses a green rotating light in contravention of section 226.1 is guilty of an offence and is liable to a fine of $175 to $525.

1986, c. 91, s. 281; 1990, c. 4, s. 212; 1990, c. 83, s. 116; 1998, c. 40, s. 79.

281.1. Every person who drives a road vehicle whose headlights, lights or reflectors do not comply with the requirements of the second paragraph of section 237 or whose windshield and windows are not clear of all substances which might hinder the driver’s ability to see is guilty of an offence and is liable to a fine of $100 to $200.

1990, c. 83, s. 116; 2018, c. 7, s. 58.

281.2. Every person who drives a road vehicle whose windshield or front side windows are coated with a material that does not meet the standards prescribed under section 265 is guilty of an offence and is liable to a fine of $100 to $200.

1996, c. 56, s. 77.

281.3. The driver of a road vehicle or, as the case may be, the firefighter who contravenes the first paragraph of section 239.2 is guilty of an offence and is liable to a fine of $100 to $200.

2018, c. 7, s. 59; 2022, c. 13, s. 46.

282. The owner of a vehicle that does not meet the requirements of any of sections 210.1, 212, 215 to 223, 225, 230, 231, 234 and 235, the first or third paragraph of section 237, any of sections 240.1, 240.3, 242, 243, 246, 254, 261 to 264, the first paragraph of section 265 or of section 268 is guilty of an offence and is liable to a fine of $100 to $200.

The owner of a low-speed vehicle that does not meet the requirements of a regulatory provision made under section 214.0.2 is guilty of an offence and liable to a fine of $100 to $200.

1986, c. 91, s. 282; 1990, c. 4, s. 212; 1990, c. 83, s. 117; 2002, c. 29, s. 42; 2016, c. 8, s. 53; 2018, c. 7, s. 60.

282.1. The driver or owner of a farm machine or a combination of farm vehicles, or the driver of a road vehicle escorting them, who contravenes a regulatory provision the violation of which constitutes an offence under paragraph 20.5 of section 621 is guilty of an offence and is liable to a fine of $60 to $180, $120 to $360 or $240 to $720, according to the seriousness of the offence, as specified by regulation.

2004, c. 2, s. 25.

283. The holder of a special permit who contravenes section 228 is guilty of an offence and is liable to a fine of $100 to $200.

1986, c. 91, s. 283; 1990, c. 4, s. 212.

283.0.1. Every person who contravenes section 228.1 is guilty of an offence and is liable to a fine of $100 to $200.

1996, c. 56, s. 78.

283.1. Every person who contravenes any of sections 214, 248, 250.1, 259, 260 and 266, the second paragraph of section 267 or section 271 is guilty of an offence and is liable to a fine of $200 to $300.

The owner of a motor vehicle that does not comply with the requirements of section 258 is guilty of an offence and is liable to a fine of $200 to $300.

1990, c. 83, s. 118; 2000, c. 64, s. 8; 2018, c. 7, s. 61.

283.2. Every person who uses a flashing green light or drives or stops a road vehicle in contravention of section 226.2 is guilty of an offence and is liable to a fine of $200 to $300.

In the case of non-compliance with a regulatory provision made under the fourth paragraph of section 226.2, the firefighter or the driver of a tow truck is guilty of an offence and is liable to a fine of $200 to $300.

2018, c. 7, s. 62; 2022, c. 13, s. 47.

284. Every person who contravenes any of sections 233.1, 233.2, 250 or 274.2 is guilty of an offence and is liable to a fine of $200 to $300.

Every owner of a heavy vehicle who contravenes section 250 is guilty of an offence and is liable to a fine of $350 to $1,050.

Every person who contravenes section 251 is guilty of an offence and is liable to a fine of $500 to $1,000.

1986, c. 91, s. 284; 1990, c. 4, s. 212; 1990, c. 83, s. 119; 1996, c. 56, s. 79; 1998, c. 40, s. 80; 2002, c. 29, s. 43; 2007, c. 40, s. 48.

285. The owner of a road vehicle that does not meet the requirements of any of sections 239, 244, 245, 255 and 270 is guilty of an offence and is liable to a fine of $200 to $300.

Every owner or operator of a heavy vehicle that does not comply with section 244 is guilty of an offence and is liable to a fine of $350 to $1,050.

1986, c. 91, s. 285; 1990, c. 4, s. 212; 1990, c. 83, s. 120; 1998, c. 40, s. 81.

285.1. Every owner or operator of a heavy vehicle that does not comply with the requirements of section 257.1 is guilty of an offence and is liable to a fine of $350 to $1,050.

2018, c. 7, s. 63.

286. Every person who contravenes any of sections 210, 211 and 211.1 is guilty of an offence and is liable to a fine of $600 to $2,000.

However, in the case of a bicycle, the fine is of $80 to $100.

Every owner of a heavy vehicle who contravenes section 211 is guilty of an offence and is liable to a fine of $700 to $2,100.

1986, c. 91, s. 286; 1990, c. 4, s. 212; 1990, c. 83, s. 121; 1996, c. 56, s. 80; 1998, c. 40, s. 82; 2018, c. 7, s. 64.

287. The owner of a vehicle that does not meet the requirements of section 229 is guilty of an offence and is liable to a fine of $600 to $2,000.

1986, c. 91, s. 287; 1990, c. 4, s. 212.

287.1. Every natural person who contravenes section 252 or 274.3 is guilty of an offence and is liable to a fine of $500 to $1,000.

Every legal person who contravenes section 252 or 274.3 is guilty of an offence and is liable to a fine of $600 to $2,000.

1990, c. 83, s. 122; 2007, c. 40, s. 49; 2008, c. 14, s. 32.

287.1.1. (Repealed).

2008, c. 14, s. 33; 2018, c. 7, s. 186.

This section has never been in force.

287.2. Every person who contravenes section 250.2 or 250.4 is guilty of an offence and is liable to a fine of $3,000 to $9,000.

Every person who contravenes section 250.3 is guilty of an offence and is liable to a fine of $300 to $600.

2002, c. 29, s. 44.

TITLE VII ROAD AND TRAFFIC SIGNS AND SIGNALS

CHAPTER I GENERAL PROVISIONS

288. For the purposes of this Title, a “limited access highway” is a public highway that may be entered or left only at the specially provided entrances or exits.

In addition, for the purposes of this Title, a scooter other than a motorized scooter and an adult’s tricycle shall be considered as bicycles.

1986, c. 91, s. 288; 1990, c. 83, s. 123; 2001, c. 21, s. 2.

289. The meaning of a road or traffic sign message, whatever the medium, is the meaning assigned to the sign by the Minister in an order published to that effect in the Gazette officielle du Québec.

The manufacturing and installation standards for road signs or signals to be erected on a public highway or on a road vehicle are determined by the Minister and set out in a traffic control manual. Those standards are not subject to the Regulations Act (chapter R-18.1).

Every person responsible for the management or maintenance of public highways must comply with standards set out in the manual where a requirement to do so is indicated therein.

The Minister may remove, at the expense of the person responsible for the management of the road, any sign or signal that does not conform to the Minister’s manual.

1986, c. 91, s. 289; 1990, c. 83, s. 124; 1998, c. 40, s. 83; 2008, c. 14, s. 34; 2018, c. 7, s. 65.

289.1. A road sign or signal does not constitute a business practice.

2018, c. 7, s. 66.

290. (Repealed).

1986, c. 91, s. 290; 2000, c. 64, s. 9.

291. The person responsible for the maintenance of a public highway may, by means of proper signs or signals, restrict or prohibit the use of the highway by all or certain heavy vehicles, in particular, heavy vehicles having dimensions or a number of axles that exceed the maximum limits authorized. Where that person is responsible for the maintenance of a bridge or viaduct, the person may also restrict or prohibit the use of the bridge or viaduct by heavy vehicles having a mass that exceeds the maximum limits authorized on the infrastructure.

In the case of a municipality, that power is exercised by by-law or, where the law so authorizes, by ordinance, the coming into force of which is subject to the approval of the Minister of Transport under section 627, except in an emergency; in the absence of approval, the Minister may remove the unauthorized sign or signal.

No person may drive a vehicle referred to in the first paragraph on a public highway on which traffic is restricted or prohibited unless the vehicle is used under a special permit expressly giving the vehicle access to that highway.

1986, c. 91, s. 291; 1995, c. 25, s. 1; 1998, c. 40, s. 84; 1999, c. 66, s. 8.

291.1. A restriction or prohibition under section 291 may, by means of proper signs or signals, be partially removed for vehicles that must travel to a particular place in order to collect or deliver property, provide services, carry out work, be repaired or return to their base, and that cannot do so without entering a zone to which access is prohibited.

1998, c. 40, s. 84.

292. The driver of a heavy vehicle must verify the condition of the vehicle’s brakes where the proper sign or signal requires a mandatory stop at a brake verification area.

1986, c. 91, s. 292; 1995, c. 25, s. 2; 1996, c. 2, s. 212; 1996, c. 56, s. 81; 1998, c. 40, s. 84.

292.0.1. The person responsible for the maintenance of a public highway may, by means of proper signs or signals, designate a slow vehicle lane. Where such a lane has been designated, the driver of a slow vehicle must use that lane.

1998, c. 40, s. 84.

292.1. The person responsible for the maintenance of a public highway may, by means of appropriate signs or signals, prohibit access to the highway to road vehicles whose mass, load included, exceeds that prescribed by regulation, if the vehicle is not equipped with a braking system prescribed by regulation.

In the case of a municipality, that power is exercised by by-law or, where the law so authorizes, by ordinance, the coming into force of which is subject to the approval of the Minister of Transport under section 627, except in an emergency; in the absence of approval, the Minister may remove the unauthorized sign or signal.

No person may drive a vehicle referred to in the first paragraph on a public highway on which traffic is restricted or prohibited unless the vehicle is used to maintain the highway or to install or maintain public utilities on the highway.

1993, c. 42, s. 5; 1998, c. 40, s. 85.

293. The person responsible for the maintenance of a public highway may, by means of appropriate signs or signals during exceptional events or sports events or competitions, restrict or prohibit all or some vehicular traffic on that highway for the time he indicates.

No person may drive a road vehicle in contravention of this section during the period traffic is restricted or prohibited.

1986, c. 91, s. 293; 1990, c. 83, s. 125; 2018, c. 7, s. 67.

293.1. The person responsible for the maintenance of a public highway may, by means of proper signs or signals and for reasons of safety, restrict or prohibit the operation on the highway of all road vehicles or certain road vehicles including the vehicles to which the Transportation of Dangerous Substances Regulation (chapter C-24.2, r. 43) applies.

In the case of a municipality, that power is exercised by by-law or, where the law so authorizes, by ordinance, the coming into force of which is subject to the approval of the Minister of Transport under section 627, except in an emergency; in the absence of approval, the Minister may remove the unauthorized sign or signal.

No person may drive a vehicle referred to in the first paragraph on a public highway on which traffic is prohibited or restricted unless the vehicle is used to maintain the highway or to install or maintain public utilities on the highway.

1990, c. 83, s. 126; 1998, c. 40, s. 86.

293.2. The person responsible for the maintenance of a public highway may, by means of proper signs or signals and for safety reasons, restrict or prohibit the operation of low-speed vehicles on the highway. In the case of a municipality, this power is exercised by by-law.

No person may drive a road vehicle referred to in the first paragraph on a public highway on which traffic is restricted or prohibited.

2016, c. 8, s. 54.

294. The person responsible for the maintenance of a public highway must erect the proper signs or signals at every intersection.

1986, c. 91, s. 294.

294.0.1. The person responsible for the maintenance of a public highway must erect the proper signs or signals to indicate the beginning and the end of a school zone, taking into account the criteria prescribed by regulation for the establishment of a school zone.

The installation of signs or signals is proof that a school zone has been established.

2022, c. 13, s. 48.

294.1. The person responsible for the maintenance of a public highway must erect proper signs or signals to mark every place where a photo radar device or red light camera system is used to monitor compliance with highway safety rules.

The person must also, as often as the Minister determines, verify the presence and adequacy of those signs or signals, and report the verification results to the Minister.

2012, c. 15, s. 6.

295. The person responsible for the maintenance of a public highway may, by means of the proper signs or signals,

(1)  indicate traffic stops;

(2)  prohibit U-turns at such locations as may be determined by him;

(3)  lay out pedestrian crosswalks or bicycle crossings;

(4)  reserve traffic lanes for certain manoeuvres or for the exclusive use of bicycles, certain classes of road vehicles or road vehicles carrying the number of passengers indicated by proper signs;

(4.1)  regulate bicycle traffic in a cycle lane;

(4.2)  prohibit, limit or otherwise regulate bicycle traffic in lanes used by road vehicles or in places used by pedestrians;

(5)  indicate level crossings where the driver of a road vehicle referred to in section 413 is exempt from the requirements of that section;

(6)  prohibit horse riding or restrict it to part of the public highway;

(7)  prohibit, restrict or otherwise regulate the stopping or parking of road vehicles;

(8)  reserve parking spaces for handicapped persons;

(9)  reserve spaces for recharging electric road vehicles and plug-in hybrid road vehicles.

1986, c. 91, s. 295; 1987, c. 94, s. 51; 1990, c. 83, s. 127; 1995, c. 65, s. 100; 2018, c. 7, s. 68.

296. The person responsible for the maintenance of a limited access highway may, by means of the proper signs or signals, regulate or prohibit the driving of certain classes of road vehicles on that highway.

1986, c. 91, s. 296; 1990, c. 83, s. 128.

297. The Minister of Transport may, by means of the proper signs, designate a public highway as an autoroute.

1986, c. 91, s. 297.

297.1. The person responsible for the maintenance of a public highway must, by means of proper signs or signals, indicate the toll rates for operating a vehicle on a public highway subject to a toll.

In accordance with the first paragraph of section 289, the Minister shall determine the information that must appear on such a sign or signal.

A public highway subject to a toll referred to in the first paragraph is a public highway for which payment of a duty, comprising a toll and any fees, is required to obtain the right to operate a road vehicle on that highway.

2018, c. 7, s. 69.

298. Every municipality to which subparagraph 4 of the first paragraph of section 328 applies must erect a sign or signal on every public highway under its maintenance that leads to a built-up area to indicate that the speed limit is set at 50 km/h.

1986, c. 91, s. 298.

299. Every municipality that establishes, by by-law, a speed limit other than the rate of speed provided for in section 328 shall indicate that rate of speed by means of signs or signals. If the municipality fails to do so, section 328 applies.

No person may travel at a rate of speed exceeding the limit indicated on any signs erected under this section.

1986, c. 91, s. 299; 1990, c. 83, s. 130.

300. In the cases described in section 329, the decision of the Minister of Transport prevails over any provision of a by-law passed by a municipality.

The municipality shall, on a notice from the Minister and within the time he indicates, remove the signs or signals erected by it. If it fails to do so within the allotted time, the Minister may remove the signs or signals at the expense of the municipality.

1986, c. 91, s. 300.

301. No person, except the person responsible for the maintenance of a public highway, may erect signs or signals or cause signs or signals to be erected on that highway or use a traffic sign on a road vehicle other than a police car.

1986, c. 91, s. 301; 2008, c. 14, s. 35.

302. The person responsible for the maintenance of the public highway may remove any sign or signal erected in contravention of section 301.

1986, c. 91, s. 302.

303. Despite section 301, any person carrying out work requiring occupation of a public highway, duly authorized by the person responsible for the maintenance of the highway, or any person conducting a road check operation must erect traffic signs or signals in compliance with the standards determined by the Minister of Transport for the duration of the work or operation.

1986, c. 91, s. 303; 1990, c. 83, s. 131; 2001, c. 21, s. 3; 2008, c. 14, s. 36.

303.1. During construction or maintenance work, the person responsible for the maintenance of a public highway may, for the duration of the work, erect signs or signals in conformity with the standards laid down by the Minister of Transport to indicate a rate of speed other than the prescribed rate of speed to be respected.

The decision to change a rate of speed must be entered in a register kept by the person responsible for the maintenance of the public highway with an indication of the location where the rate of speed is prescribed and the duration of the work. The installation of signs or signals is proof of that decision.

2001, c. 21, s. 4; 2004, c. 2, s. 26.

303.2. No person may travel at a rate of speed exceeding the limit indicated on the signs or signals erected under section 303.1.

2001, c. 21, s. 4.

303.3. The person responsible for the maintenance of a public highway must, if traffic is to be directed by a flag person because of work, exceptional events or sports events or competitions, see that the flag person complies with the standards determined by ministerial regulation as regards, in particular, the clothing that the flag person must wear.

This section also applies to any person who

(1)  carries out work on such a highway on behalf of the person responsible for the maintenance of a public highway; or

(2)  organizes exceptional events or sports events or competitions.

Every flag person is required to comply with those standards.

2018, c. 7, s. 70; 2022, c. 13, s. 49.

304. No person may, except with the authorization of the person responsible for the maintenance of a public highway, erect any signal, sign, indication or device on that highway.

1986, c. 91, s. 304.

305. The person responsible for the maintenance of the public highway may, at the expense of the contravener, remove any object erected in contravention of section 304.

1986, c. 91, s. 305.

306. Visible devices, advertising and signs that bear a reproduction of a road signal governed by the standards prescribed by the Minister under section 289 that imitate such a road signal or that may be confused with traffic lights or with such a road signal because of their shape, colour, text, size or location are prohibited on and along public highways.

Devices, advertising and signs that can obstruct a road signal and those that encroach on a public highway are also prohibited.

The Minister of Transport may, by regulation, provide for exceptions to the prohibition under the first paragraph.

1986, c. 91, s. 306; 2008, c. 14, s. 37.

307. The person responsible for the maintenance of a public highway may, if he believes on reasonable grounds that a signal, sign, indication or device is erected or displayed on private property in contravention of section 306, issue a notice to the owner requiring him to remove any such object within 48 hours.

If the contravener fails to comply with the notice, the person responsible for the maintenance of the highway may enter upon the property and remove any such object at the owner’s expense.

1986, c. 91, s. 307.

308. Every sign or signal erected on a private road open to general vehicular traffic or on land occupied by shopping centres and other land where public traffic is allowed must conform to the specifications prescribed in respect of public highways by the Minister of Transport.

1986, c. 91, s. 308; 2008, c. 14, s. 38.

309. The Minister of Transport or an authorized representative of the municipality within whose territory a road contemplated in section 308 is situated may, if he believes on reasonable grounds that an offence against the said section is being committed, issue a notice to the contravener requiring him to remove any contravening sign or signal within 48 hours.

If the contravener fails to comply with the notice, the Minister or the authorized representative of the municipality may remove the sign or signal at the contravener’s expense.

1986, c. 91, s. 309.

310. Every person must comply with every road or traffic sign or signal erected under this Code.

1986, c. 91, s. 310; 2008, c. 14, s. 39.

311. Where traffic is directed by a peace officer, a school crossing guard or a flag person in charge of directing traffic around or about work sites or during exceptional events or sports events or competitions, every person shall obey his orders or signals even if contrary to existing traffic signs or signals.

1986, c. 91, s. 311; 2018, c. 7, s. 71; 2022, c. 13, s. 50.

311.1. When approaching a yellow arrow light signal that is mounted on a moving road vehicle and directs a lane change, the driver of a road vehicle must reduce speed and, in the direction indicated by the arrow and after making sure that it can be done safely, switch to the other lane or, in the absence of another lane, to the shoulder.

2012, c. 15, s. 7.

312. No person may drive on private property to avoid compliance with a traffic sign or signal.

1986, c. 91, s. 312.

312.1. No person may modify or remove all or part of a photo radar device or a red light camera system without the authorization of the Minister of Transport.

2007, c. 40, s. 50; 2012, c. 15, s. 8.

312.2. No person may damage a photo radar device or a red light camera system, or interfere in any way with the operation of such a device or system or the recording of the information described in the third paragraph of section 332 or the third paragraph of section 359.3 by the camera of such a device or system.

2007, c. 40, s. 50; 2012, c. 15, s. 9; 2022, c. 13, s. 51.

312.3. The person responsible for the maintenance of a public highway may send the owner of a tree or any other property situated on land contiguous to the right of way of that highway a written notice requiring the owner to carry out remedial work within the prescribed time if the tree or other property could interfere

(a)  in any way with the operation of a fixed photo radar device or a red light camera system; or

(b)  with the recording, by the camera of a device or system referred to in subparagraph a, of the information described in the third paragraph of section 332 or the third paragraph of section 359.3.

If the owner fails to do the work, the person responsible for the maintenance of the public highway may do the work or have it done.

2012, c. 15, s. 10; 2022, c. 13, s. 51.

CHAPTER II PENAL PROVISIONS

313. Every person, other than the driver of a road vehicle, who contravenes either of sections 310 and 311 is guilty of an offence and is liable to a fine of $15 to $30. However, in the case of a cyclist, the fine is of $80 to $100.

A cyclist who contravenes section 312 is guilty of an offence and is liable to a fine of $80 to $100.

1986, c. 91, s. 313; 1990, c. 4, s. 212; 2018, c. 7, ss. 173 and 72.

314. The driver of a road vehicle who contravenes the second paragraph of section 293 is guilty of an offence and is liable to a fine of $60 to $100.

1986, c. 91, s. 314; 1990, c. 4, s. 212; 1990, c. 83, s. 132.

314.1. Every driver of a road vehicle who contravenes any of sections 310, 311.1 and 312 is guilty of an offence and is liable to a fine of $100 to $200.

However, where the traffic of heavy vehicles in transit is regulated by a sign or signal, every driver of a heavy vehicle who contravenes section 310 is guilty of an offence and is liable to a fine of $175 to $525.

1990, c. 83, s. 133; 1995, c. 25, s. 3; 1998, c. 40, s. 88; 2018, c. 7, s. 73.

314.2. Every driver of a road vehicle who contravenes section 311 is guilty of an offence and is liable to a fine of $200 to $400.

2018, c. 7, s. 74.

315. Every person who contravenes the second paragraph of section 293.2 or either of sections 304 and 308 is guilty of an offence and is liable to a fine of $100 to $200.

1986, c. 91, s. 315; 1990, c. 4, s. 212; 2016, c. 8, s. 55.

315.1. Every driver of a vehicle who contravenes section 292 or the third paragraph of section 293.1 is guilty of an offence and is liable to a fine of $350 to $1,050.

1995, c. 25, s. 4; 1998, c. 40, s. 89.

315.2. Every driver of a heavy vehicle who contravenes the third paragraph of section 291 is guilty of an offence and is liable to a fine of $175 to $525.

In the case of a contravention of a sign or signal limiting the authorized load on a bridge or viaduct, the owner or operator of the vehicle is liable to a fine of $600 plus

(a)  $100 per excess 1,000 kg up to 5,000 kg in excess ;

(b)  $150 per excess 1,000 kg between 5,000 kg and 10,000 kg in excess ;

(c)  $200 per excess 1,000 kg over 10,000 kg in excess.

1998, c. 40, s. 89; 1999, c. 66, s. 9.

315.3. Every driver of a road vehicle who contravenes section 292.0.1 by failing to drive in a mandatory designated lane is guilty of an offence and is liable to a fine of $90 to $270.

1998, c. 40, s. 89.

315.4. Every person who contravenes section 312.1 or 312.2 is guilty of an offence and is liable to a fine of $1,000 to $2,000.

In the case of a person who has already been convicted under this section, the fines prescribed in the first paragraph are doubled.

On the request of the prosecutor, the court may impose an additional fine, determined on the basis of the damage caused.

2007, c. 40, s. 51.

316. Every person who contravenes either of sections 301 and 306 is guilty of an offence and is liable to a fine of $300 to $600.

1986, c. 91, s. 316; 1990, c. 4, s. 212.

316.1. Every driver of a passenger vehicle who contravenes the third paragraph of section 293.1 is guilty of an offence and is liable to a fine of $300 to $600.

1990, c. 83, s. 134; 1998, c. 40, s. 90.

317. Every person who contravenes section 303 is guilty of an offence and is liable to a fine of $600 to $2,000.

However, the fine shall be of $100 to $200 in cases where signs or signals which do not meet the standards laid down by the Minister of Transport are erected.

1986, c. 91, s. 317; 1990, c. 4, s. 212; 1990, c. 83, s. 135.

318. Every person who contravenes the third paragraph of section 292.1 is guilty of an offence and is liable to a fine of $600 to $6,000.

1986, c. 91, s. 318; 1990, c. 4, s. 212; 1993, c. 42, s. 6; 1995, c. 25, s. 5.

TITLE VIII RULES OF THE ROAD

CHAPTER I INTERPRETATION

319. For the purposes of this Title, unless the context indicates otherwise, the term “limited access highway” is a public highway that may be entered or left only at specially provided entrances or exits.

In addition, for the purposes of this Title, a scooter other than a motorized scooter and an adult’s tricycle shall be considered as bicycles.

1986, c. 91, s. 319; 1990, c. 83, s. 136; 2001, c. 21, s. 5.

CHAPTER II GENERAL PROVISIONS RESPECTING VEHICULAR TRAFFIC

DIVISION I DRIVING RULES

§ 1 . — Lanes

320. On a two-way roadway, the driver of a road vehicle must use the right-hand lane of the roadway.

To pass another vehicle or where the lane is obstructed or closed to traffic, the driver may use the other lane but he must then yield the right of way to the vehicle moving in the opposite direction.

This section applies, in addition to public highways, to highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune.

1986, c. 91, s. 320; 1998, c. 40, s. 91; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

321. On a two-way roadway with two lanes or over, the driver of a road vehicle must use the right-hand lane of the roadway.

To pass another vehicle, to turn left or where the right-hand lane is obstructed or closed to traffic, the driver may use another lane in the direction his vehicle is moving.

Where all the lanes in the direction in which the vehicle is moving are obstructed or closed to traffic, the driver may use the nearest lane in the opposite direction that is not obstructed or closed to traffic, but he must then yield the right of way to any vehicle moving in the opposite direction.

1986, c. 91, s. 321.

322. On a two-way roadway divided into three traffic lanes, where the centre lane is reserved for making left turns from either direction, the driver of a road vehicle must use the right-hand lane. He may use the centre lane only for making left turns.

1986, c. 91, s. 322; 2018, c. 7, s. 75.

323. On a two-way roadway divided into five traffic lanes, where the centre lane is reserved for making left turns from either direction, the driver of a road vehicle must use either of the two right-hand lanes. He may use the centre lane only for making left turns.

1986, c. 91, s. 323; 2018, c. 7, s. 76.

324. On a one-way roadway with two lanes, the driver of a road vehicle shall use the right-hand lane.

On a one-way roadway with three lanes or over, the driver must use one of the right-hand lanes.

To pass another vehicle, to turn left, to enter an exit ramps on a limited access highway or where the lane he is using is obstructed or closed to traffic, the driver may use the lane closest to the left-hand side.

The driver of a road vehicle used for snow removal or road maintenance may also use the left-hand lane when performing his duties.

1986, c. 91, s. 324; 1987, c. 94, s. 52, s. 53.

325. Notwithstanding section 324, where the speed limit is less than 80 km/h the driver of a road vehicle may use any of the lanes. In such a case, road vehicles moving faster in one lane than in another are not considered to be passing.

The driver of a road vehicle proceeding at less than the normal speed of traffic or the driver of a low-speed vehicle must drive in the right-hand lane closest to the edge of the roadway, unless he is about to turn left, to park or to stop on the left-hand side and has signalled his intention.

1986, c. 91, s. 325; 1990, c. 83, s. 137; 2016, c. 8, s. 56.

326. On a public highway where the roadways are separated by a median strip or any other raised physical device, the driver of a road vehicle shall not cross the separation except at the places laid out for that purpose and not before he has ascertained that he can do so in safety.

1986, c. 91, s. 326; 2018, c. 7, s. 77.

326.1. The driver of a road vehicle shall not cross any of the following roadway markings:

(1)  a solid single line;

(2)  a solid double line;

(3)  a double line consisting of a broken line and a solid line, the latter being adjacent to the lane in which the road vehicle is moving;

(4)  crosshatch markings.

In addition to what is provided for in section 344, subparagraph 1 of the second paragraph of section 348 and section 378, the first paragraph does not apply if the driver can safely

(1)  enter a public highway from the shoulder, from a private road or from private land;

(2)  leave a lane that is obstructed or closed to traffic;

(3)  make a left turn to enter a private road or private land;

(4)  make a right turn to pull onto the shoulder or enter a private road or private land;

(5)  enter a lane reserved for left turns from either direction; or

(6)  cross a traffic lane reserved for the exclusive use of certain vehicles.

1990, c. 83, s. 138; 2018, c. 7, s. 78.

§ 2 . — Speed limits and distance between vehicles

327. Any rate of speed or any action that can endanger human life and safety or property is prohibited.

In addition to public highways, this section applies on highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune, on private roads open to public vehicular traffic, as well as on land occupied by shopping centres and other land where public traffic is allowed.

1986, c. 91, s. 327; 1990, c. 83, s. 139; 1998, c. 40, s. 92; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

328. Except on roads where the opposite is indicated by signs or signals and without restricting the scope of section 327, no person may drive a road vehicle at a speed

(1)  of less than 60 km/h or more than 100 km/h on autoroutes, unless

(a)  an illuminated, variable message signal shows the minimum or maximum rate of speed authorized on a certain part of the autoroute, according to the circumstances and the time of day, such as weather conditions or rush-hour; or

(b)  a special permit authorizing the use of an outsized vehicle requires that the vehicle be driven at a lower speed;

(2)  in excess of 90 km/h on public highways surfaced with concrete, asphalt or a similar material;

(3)  in excess of 70 km/h on gravel highways;

(4)  in excess of 50 km/h in a built-up area, except on autoroutes;

(5)  in excess of the maximum rate of speed authorized, according to the circumstances and the time of day, as specified by the illuminated or non-illuminated, variable or non-variable message sign or signal that applies to that portion of the public highway.

On access roads leading to a built-up area, subparagraph 4 of the first paragraph applies when the driver reaches the sign or signal indicating the 50 km/h speed limit.

Subparagraphs 2, 3 and 4 of the first paragraph apply on highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune. The Minister, on the recommendation of the Minister of Natural Resources and Wildlife, may by order change the speed limit on all or any part of such highways.

1986, c. 91, s. 328; 1996, c. 2, s. 213; 1996, c. 56, s. 82; 1998, c. 40, s. 93; 1990, c. 83, s. 140; 2000, c. 64, s. 10; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2008, c. 14, s. 40; 2004, c. 2, s. 27; 2010, c. 34, s. 50; 2022, c. 13, s. 52.

328.1. On behalf of the Société, a peace officer shall immediately suspend, for a period of seven days, the licence issued under section 61 of any person who

(1)  drives a road vehicle at a speed of 40 km/h or more over the posted speed limit in a zone where the maximum authorized speed limit is 60 km/h or less;

(2)  drives a road vehicle at a speed of 50 km/h or more over the posted speed limit in a zone where the maximum authorized speed limit is over 60 km/h but not over 90 km/h; or

(3)  drives a road vehicle at a speed of 60 km/h or more over the speed limit in a zone where the maximum authorized speed limit is 100 km/h or more.

If the person does not hold a licence or holds a licence issued by another administrative authority, the peace officer shall immediately suspend, on behalf of the Société and for a period of seven days, the person’s right to obtain a learner’s licence, a probationary licence or a driver’s licence.

The suspension period is increased to 30 days in the case of a person who was convicted of a speeding offence under this section during the 10 years before the suspension. The suspension period is increased to 60 days in the case of a person who was convicted of more than one speeding offence under subparagraph 1 of the first paragraph during the 10 years before the suspension.

Sections 195, 202.6.1 and 202.7 apply to a licence suspension under this section.

2007, c. 40, s. 52; 2008, c. 14, s. 41; 2010, c. 34, s. 51; 2014, c. 12, s. 44.

328.2. In the case of a person who was convicted of one or more speeding offences under subparagraph 1 of the first paragraph of section 328.1 during the 10 years before the suspension and who commits another offence under that subparagraph, the peace officer may, on behalf of the Société and at the owner’s expense, seize the road vehicle immediately and impound it for 30 days.

Sections 209.3 to 209.10 apply to the seizure, with the necessary modifications.

2007, c. 40, s. 52; 2010, c. 34, s. 52.

328.3. The owner of a seized road vehicle may recover the vehicle with the authorization of a judge of the Court of Québec acting in chambers in civil matters if, not being the driver of the vehicle, the owner could not reasonably foresee that the driver would commit a speeding offence under subparagraph 1 of the first paragraph of section 328.1, or if the owner did not consent to the driver being in possession of the seized vehicle.

The second paragraph of section 209.11 and sections 209.11.1 and 209.12 to 209.15 apply to the seizure, with the necessary modifications.

2007, c. 40, s. 52; 2010, c. 34, s. 53.

328.4. The owner of a seized road vehicle may recover the vehicle if the owner obtains the lifting of the licence suspension by the Société after establishing by a preponderance of evidence that the owner was not driving at the speed described in subparagraph 1 of the first paragraph of section 328.1.

The first paragraph of section 202.6.3, sections 202.6.4 and 202.6.5, the second paragraph of section 202.6.6, sections 202.6.7 and 202.6.9 to 202.6.12 and section 209.11.1 apply to the seizure, with the necessary modifications.

2007, c. 40, s. 52; 2010, c. 34, s. 54.