C-24.2 - Highway Safety Code

Section 621 Disposition versions

2023-09-01

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (subparagraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(5.2)  determine the conditions under which the authorization referred to in subparagraph 1 of the first paragraph of section 226.2 may be obtained, the form and content of the certificate of authorization, as well as 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;

(5.3)  determine in what cases and on what conditions more than one flashing green light may be used on a road vehicle other than an emergency vehicle;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector panels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(8.2)  exempt military-type road vehicles, in the cases and on the conditions it determines, from the application of one or more provisions of this Code and its regulations relating to the equipment road vehicles must carry or the standards the equipment must meet;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(11.1)  prescribe standards applicable to the height of the dump body of a heavy vehicle and the flashing red warning light or audible warning device required under section 257.1;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “cycle”, “day”, “director”, “driver”, “electronic logging device”, “home terminal”, “hour of driving”, “hour of rest”, “hour of service”, “malfunction”, “out-of-service declaration”, “permit”, “provincial director”, “record of duty status” and “supporting document”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  establish the conditions under which the driver of a heavy vehicle must record the driver’s hours of rest and hours of service and produce a record of duty status, and determine the information the record of duty status must contain, its form and the other information that the driver must forward and make available to the operator and any other person who supplies the driver’s services;

(12.1.0.1)  establish the rules governing the transmission, reception and retention of records of duty status, supporting documents and information determined by a regulation made under paragraph 12.1;

(12.1.0.2)  determine in what cases and on what conditions a driver may produce more than one record of duty status in respect of any day;

(12.1.0.3)  establish the requirements the electronic logging device must meet and the standards for its installation, determine in what cases and on what conditions the device need not be installed or used and prescribe the rules applicable to the recording of hours of rest and hours of service and to the transmission of those hours and other information;

(12.1.0.4)  determine the documents that a driver who is required to complete records of duty status must have in his or her possession when driving and the documents that must be in each heavy vehicle under section 519.21.3;

(12.2)  determine in what cases and on what conditions the hours of rest and hours of service need not be recorded by the driver in a record of duty status or required by the operator;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s records of duty status from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s records of duty status to the operator;

(12.2.3)  determine the conditions under which the operator must maintain the system of each electronic logging device used to identify users and the conditions relating to the retention of the information recorded in the system;

(12.2.4)  determine the content of the register containing the information in connection with the working order and use of each device, the conditions of retention of the register and the time limits for repairing or replacing the device in case of malfunction;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(12.5)  determine the conditions under which a driver or an operator must make available or forward a document or information required under sections 519.10 and 519.25 to a peace officer, at the latter’s request;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.6)  define the expression “school period”;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(25.2)  prescribe the criteria for the establishment of any school zone;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(27.1)  prescribe the values for the sound level of a motorcycle’s or moped’s exhaust system according to classes of road vehicles and sound level measurement methods and prescribe measurement methods;

(27.2)  determine the technical standards of the sound level meters and other instruments that may be used to monitor the sound level of a motorcycle’s or moped’s exhaust system;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident or by fire or flood cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (subparagraph repealed);

(34)  (subparagraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, records, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  (subparagraph repealed);

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (subparagraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (subparagraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (subparagraph repealed);

(46)  (subparagraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (subparagraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  determine the towing and daily impounding charges for a road vehicle seized by a peace officer on behalf of the Société;

(50.1)  determine the threshold for the value of unclaimed seized vehicles that the Société may dispose of under sections 209.18 and 209.19;

(51)  determine the manner in which section 443.1 is to be applied, in particular by defining the meaning of certain expressions and prescribing other exceptions to the prohibition under that section as well as other standards applicable to display screens; and

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native entity pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM) before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26; 2008, c. 14, s. 86; 2010, c. 34, s. 88; 2018, c. 7, s. 164; I.N. 2019-12-01; 2022, c. 13, s. 76.

In respect of heavy vehicles registered in the name of Hydro-Québec or one of its wholly-owned subsidiaries, the coming into force of the amendments made by 2022, c. 13, s. 76 is fixed at 31 December 2024. (O.C. 76-2023, 2023 G.O. 2, 71)

2023-04-30

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (subparagraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(5.2)  determine the conditions under which the authorization referred to in subparagraph 1 of the first paragraph of section 226.2 may be obtained, the form and content of the certificate of authorization, as well as 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;

(5.3)  determine in what cases and on what conditions more than one flashing green light may be used on a road vehicle other than an emergency vehicle;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector panels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(8.2)  exempt military-type road vehicles, in the cases and on the conditions it determines, from the application of one or more provisions of this Code and its regulations relating to the equipment road vehicles must carry or the standards the equipment must meet;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(11.1)  prescribe standards applicable to the height of the dump body of a heavy vehicle and the flashing red warning light or audible warning device required under section 257.1;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “cycle”, “day”, “director”, “driver”, “electronic logging device”, “home terminal”, “hour of driving”, “hour of rest”, “hour of service”, “malfunction”, “out-of-service declaration”, “permit”, “provincial director”, “record of duty status” and “supporting document”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  establish the conditions under which the driver of a heavy vehicle must record the driver’s hours of rest and hours of service and produce a record of duty status, and determine the information the record of duty status must contain, its form and the other information that the driver must forward and make available to the operator and any other person who supplies the driver’s services;

(12.1.0.1)  establish the rules governing the transmission, reception and retention of records of duty status, supporting documents and information determined by a regulation made under paragraph 12.1;

(12.1.0.2)  determine in what cases and on what conditions a driver may produce more than one record of duty status in respect of any day;

(12.1.0.3)  establish the requirements the electronic logging device must meet and the standards for its installation, determine in what cases and on what conditions the device need not be installed or used and prescribe the rules applicable to the recording of hours of rest and hours of service and to the transmission of those hours and other information;

(12.1.0.4)  determine the documents that a driver who is required to complete records of duty status must have in his or her possession when driving and the documents that must be in each heavy vehicle under section 519.21.3;

(12.2)  determine in what cases and on what conditions the hours of rest and hours of service need not be recorded by the driver in a record of duty status or required by the operator;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s records of duty status from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s records of duty status to the operator;

(12.2.3)  determine the conditions under which the operator must maintain the system of each electronic logging device used to identify users and the conditions relating to the retention of the information recorded in the system;

(12.2.4)  determine the content of the register containing the information in connection with the working order and use of each device, the conditions of retention of the register and the time limits for repairing or replacing the device in case of malfunction;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(12.5)  determine the conditions under which a driver or an operator must make available or forward a document or information required under sections 519.10 and 519.25 to a peace officer, at the latter’s request;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.6)  define the expression “school period”;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(25.2)  prescribe the criteria for the establishment of any school zone;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(27.1)  prescribe the values for the sound level of a motorcycle’s or moped’s exhaust system according to classes of road vehicles and sound level measurement methods and prescribe measurement methods;

(27.2)  determine the technical standards of the sound level meters and other instruments that may be used to monitor the sound level of a motorcycle’s or moped’s exhaust system;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident or by fire or flood cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (subparagraph repealed);

(34)  (subparagraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, records, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  (subparagraph repealed);

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (subparagraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (subparagraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (subparagraph repealed);

(46)  (subparagraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (subparagraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  determine the towing and daily impounding charges for a road vehicle seized by a peace officer on behalf of the Société;

(50.1)  determine the threshold for the value of unclaimed seized vehicles that the Société may dispose of under sections 209.18 and 209.19;

(51)  determine the manner in which section 443.1 is to be applied, in particular by defining the meaning of certain expressions and prescribing other exceptions to the prohibition under that section as well as other standards applicable to display screens; and

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native entity pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM) before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26; 2008, c. 14, s. 86; 2010, c. 34, s. 88; 2018, c. 7, s. 164; I.N. 2019-12-01; 2022, c. 13, s. 76.

In respect of heavy vehicles registered in the name of the Ministère des Transports et de la Mobilité durable that are under the management of the Centre de gestion de l'équipement roulant of that department, the coming into force of the amendments made by 2022, c. 13, s. 76 is fixed at 1 September 2023 and to 31 December 2024 in respect of heavy vehicles registered in the name of Hydro-Québec or one of its wholly-owned subsidiaries. (O.C. 76-2023, 2023 G.O. 2, 71)

2022-07-25

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (subparagraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(5.2)  determine the conditions under which the authorization referred to in subparagraph 1 of the first paragraph of section 226.2 may be obtained, the form and content of the certificate of authorization, as well as 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;

(5.3)  determine in what cases and on what conditions more than one flashing green light may be used on a road vehicle other than an emergency vehicle;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector panels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(8.2)  exempt military-type road vehicles, in the cases and on the conditions it determines, from the application of one or more provisions of this Code and its regulations relating to the equipment road vehicles must carry or the standards the equipment must meet;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(11.1)  prescribe standards applicable to the height of the dump body of a heavy vehicle and the flashing red warning light or audible warning device required under section 257.1;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.6)  define the expression “school period”;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(25.2)  prescribe the criteria for the establishment of any school zone;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(27.1)  prescribe the values for the sound level of a motorcycle’s or moped’s exhaust system according to classes of road vehicles and sound level measurement methods and prescribe measurement methods;

(27.2)  determine the technical standards of the sound level meters and other instruments that may be used to monitor the sound level of a motorcycle’s or moped’s exhaust system;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident or by fire or flood cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (subparagraph repealed);

(34)  (subparagraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  (subparagraph repealed);

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (subparagraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (subparagraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (subparagraph repealed);

(46)  (subparagraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (subparagraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  determine the towing and daily impounding charges for a road vehicle seized by a peace officer on behalf of the Société;

(50.1)  determine the threshold for the value of unclaimed seized vehicles that the Société may dispose of under sections 209.18 and 209.19;

(51)  determine the manner in which section 443.1 is to be applied, in particular by defining the meaning of certain expressions and prescribing other exceptions to the prohibition under that section as well as other standards applicable to display screens; and

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native entity pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM) before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26; 2008, c. 14, s. 86; 2010, c. 34, s. 88; 2018, c. 7, s. 164; I.N. 2019-12-01; 2022, c. 13, s. 76.

2022-05-26

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (subparagraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(5.2)  determine the conditions under which the authorization referred to in subparagraph 1 of the first paragraph of section 226.2 may be obtained, the form and content of the certificate of authorization, as well as 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;

(5.3)  determine in what cases and on what conditions more than one flashing green light may be used on a road vehicle other than an emergency vehicle;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector panels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(8.2)  exempt military-type road vehicles, in the cases and on the conditions it determines, from the application of one or more provisions of this Code and its regulations relating to the equipment road vehicles must carry or the standards the equipment must meet;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(11.1)  prescribe standards applicable to the height of the dump body of a heavy vehicle and the flashing red warning light or audible warning device required under section 257.1;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(27.1)  prescribe the values for the sound level of a motorcycle’s or moped’s exhaust system according to classes of road vehicles and sound level measurement methods and prescribe measurement methods;

(27.2)  determine the technical standards of the sound level meters and other instruments that may be used to monitor the sound level of a motorcycle’s or moped’s exhaust system;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident or by fire or flood cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (subparagraph repealed);

(34)  (subparagraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  (subparagraph repealed);

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (subparagraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (subparagraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (subparagraph repealed);

(46)  (subparagraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (subparagraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  determine the towing and daily impounding charges for a road vehicle seized by a peace officer on behalf of the Société;

(50.1)  determine the threshold for the value of unclaimed seized vehicles that the Société may dispose of under sections 209.18 and 209.19;

(51)  determine the manner in which section 443.1 is to be applied, in particular by defining the meaning of certain expressions and prescribing other exceptions to the prohibition under that section as well as other standards applicable to display screens; and

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native entity pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM) before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26; 2008, c. 14, s. 86; 2010, c. 34, s. 88; 2018, c. 7, s. 164; I.N. 2019-12-01; 2022, c. 13, s. 76.

2019-12-01

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (subparagraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(5.2)  determine the conditions under which the authorization referred to in the first paragraph of section 226.2 may be obtained and the technical standards the light must meet and the method for its installation;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector panels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(11.1)  prescribe standards applicable to the height of the dump body of a heavy vehicle and the flashing red warning light or audible warning device required under section 257.1;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(27.1)  prescribe the values for the sound level of a motorcycle’s or moped’s exhaust system according to classes of road vehicles and sound level measurement methods and prescribe measurement methods;

(27.2)  determine the technical standards of the sound level meters and other instruments that may be used to monitor the sound level of a motorcycle’s or moped’s exhaust system;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident or by fire or flood cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (subparagraph repealed);

(34)  (subparagraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  (subparagraph repealed);

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (subparagraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (subparagraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (subparagraph repealed);

(46)  (subparagraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (subparagraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  determine the towing and daily impounding charges for a road vehicle seized by a peace officer on behalf of the Société;

(51)  determine the manner in which section 443.1 is to be applied, in particular by defining the meaning of certain expressions and prescribing other exceptions to the prohibition under that section as well as other standards applicable to display screens; and

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native entity pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM) before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26; 2008, c. 14, s. 86; 2010, c. 34, s. 88; 2018, c. 7, s. 164; I.N. 2019-12-01.

2018-06-30

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(5.2)  determine the conditions under which the authorization referred to in the first paragraph of section 226.2 may be obtained and the technical standards the light must meet and the method for its installation;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector panels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(11.1)  prescribe standards applicable to the height of the dump body of a heavy vehicle and the flashing red warning light or audible warning device required under section 257.1;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(27.1)  prescribe the values for the sound level of a motorcycle’s or moped’s exhaust system according to classes of road vehicles and sound level measurement methods and prescribe measurement methods;

(27.2)  determine the technical standards of the sound level meters and other instruments that may be used to monitor the sound level of a motorcycle’s or moped’s exhaust system;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident or by fire or flood cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  (subparagraph repealed);

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  determine the towing and daily impounding charges for a road vehicle seized by a peace officer on behalf of the Société;

(51)  determine the manner in which section 443.1 is to be applied, in particular by defining the meaning of certain expressions and prescribing other exceptions to the prohibition under that section as well as other standards applicable to display screens; and

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native entity pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26; 2008, c. 14, s. 86; 2010, c. 34, s. 88; 2018, c. 7, s. 164.

2018-04-18

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(5.2)  determine the conditions under which the authorization referred to in the first paragraph of section 226.2 may be obtained and the technical standards the light must meet and the method for its installation;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector panels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(27.1)  prescribe the values for the sound level of a motorcycle’s or moped’s exhaust system according to classes of road vehicles and sound level measurement methods and prescribe measurement methods;

(27.2)  determine the technical standards of the sound level meters and other instruments that may be used to monitor the sound level of a motorcycle’s or moped’s exhaust system;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident or by fire or flood cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  (subparagraph repealed);

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  determine the towing and daily impounding charges for a road vehicle seized by a peace officer on behalf of the Société;

(51)  determine in what cases and on what conditions a road vehicle may be equipped with a television set or a display screen;

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native entity pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26; 2008, c. 14, s. 86; 2010, c. 34, s. 88; 2018, c. 7, s. 164.

2010-12-10

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector panels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident or by fire or flood cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  (subparagraph repealed);

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  determine the towing and daily impounding charges for a road vehicle seized by a peace officer on behalf of the Société;

(51)  determine in what cases and on what conditions a road vehicle may be equipped with a television set or a display screen;

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native entity pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26; 2008, c. 14, s. 86; 2010, c. 34, s. 88.

2008-06-12

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector panels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident or by fire or flood cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  (subparagraph repealed);

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  determine the towing and daily impounding charges for a road vehicle seized by a peace officer on behalf of the Société;

(51)  determine in what cases and on what conditions a road vehicle may be equipped with a television set or a display screen;

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native community pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26; 2008, c. 14, s. 86.

2008-04-01

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  fix the manner in which the daily logs must be transmitted to the operator by a person offering the services of a driver;

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2;

(51)  determine in what cases and on what conditions a road vehicle may be equipped with a television set or a display screen;

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native community pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48; 1999, c. 66, s. 26.

2006-01-01

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  establish standards for the circle check of heavy vehicles prescribed in section 519.2 and exempt certain drivers, owners and operators in the cases it determines;

(38.1)  define the characteristics of a motor coach for the purposes of Chapter II of Title VIII.1;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  fix the manner in which the daily logs must be transmitted to the operator by a person offering the services of a driver;

(40)  determine the form, content, procedure for sending and rules for the retention of the circle-check report prescribed in section 519.3 or 519.4 and the motor-coach inspection report prescribed in section 519.15 and exempt certain drivers or persons designated by the operator in the cases it determines;

(40.1)  determine the persons who must be informed of a defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2;

In force: 2008-04-01

(51)  determine in what cases and on what conditions a road vehicle may be equipped with a television set or a display screen;

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native community pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13; 2005, c. 39, s. 48.

2004-05-16

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  prescribe standards for the pre-departure inspection of a heavy vehicle referred to in section 519.2, and exempt certain drivers, owners and operators from making the inspection in the cases it indicates;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  fix the manner in which the daily logs must be transmitted to the operator by a person offering the services of a driver;

(40)  determine the form, content and rules for the retention of the inspection report referred to in section 519.3 and exempt certain drivers from making the report in the cases it indicates;

(40.1)  determine the persons who must be informed of a mechanical defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2;

Not in force

(51)  determine in what cases and on what conditions a road vehicle may be equipped with a television set or a display screen;

(52)  fix, on the basis of the costs borne by the Société for the purposes of section 194, the amount by which the number of notices sent to the Société pursuant to article 365 of the Code of Penal Procedure (chapter C‐25.1) is to be multiplied in order to determine the amount to be paid to the Société by the Government, every municipality and every Native community pursuant to section 648.2.

The publication requirement set out in section 8 of the Regulations Act (chapter R‐18.1) does not apply to a regulation made under subparagraph 52 of the first paragraph. The Minister of Transport shall consult with the bodies representing municipalities, more particularly, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales before submitting a draft of the regulation to the Government. The Minister may also seek any other consultation the Minister considers appropriate.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71; 2003, c. 5, s. 13.

2004-04-06

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the standards relating to work cycles, hours of rest, hours of driving and hours of service that the driver of a heavy vehicle is required to comply with to be allowed to drive, and, for that purpose, prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as standards governing the driving of such vehicles;

(12.0.1)  define, for the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26 and 519.31 to 519.31.3, the expressions “driver”, “cycle”, “out-of-service declaration”, “director”, “provincial director”, “supporting document”, “daily log”, “hour of driving”, “hour of rest”, “hour of service”, “day”, “permit” and “home terminal”;

(12.0.2)  prescribe the conditions and procedures according to which the Société may grant to an operator or a driver of a heavy vehicle, by means of a permit, the authorization to depart from the standards and conditions relating to hours of driving and hours of rest prescribed by a regulation made under paragraph 12, the conditions and procedures attached to the permit and the conditions and procedures according to which the Société may approve the issuing of a permit by another director;

(12.1)  prescribe the procedures according to which the driver of a heavy vehicle must maintain a daily log, determine the information the log must contain and its form, and establish rules governing the shipping, receiving and keeping of the daily log and supporting documents;

(12.2)  determine the conditions according to which an operator does not have the obligation to require that all drivers maintain a daily log each day that accounts for all their hours of rest and hours of service for that day, the conditions according to which a driver is not required to maintain such a daily log and determine the documents that drivers required to maintain daily logs must have in their possession when driving;

(12.2.1)  prescribe the procedures according to which the operator using the services of a driver must obtain the driver’s daily logs from the person providing the services;

(12.2.2)  prescribe the procedures according to which a person providing the services of a driver must transmit the driver’s daily logs to the operator;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(12.4)  determine the standards according to which a peace officer may issue an out-of-service declaration in respect of a driver of a heavy vehicle as well as the duration of and conditions applicable to that declaration ;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe safety standards and traffic rules relating to farm machines, combinations of farm vehicles and the road vehicles escorting them, and define the expression “combination of farm vehicles”;

(20.5)  determine the provisions of a regulation related to farm machines, combinations of farm vehicles and the road vehicles escorting them, the violation of which constitutes an offence, and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal, as well as the standards and procedures of the photometric inspection, of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the photometric inspection certificate, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  prescribe standards for the pre-departure inspection of a heavy vehicle referred to in section 519.2, and exempt certain drivers, owners and operators from making the inspection in the cases it indicates;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  fix the manner in which the daily logs must be transmitted to the operator by a person offering the services of a driver;

(40)  determine the form, content and rules for the retention of the inspection report referred to in section 519.3 and exempt certain drivers from making the report in the cases it indicates;

(40.1)  determine the persons who must be informed of a mechanical defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2;

Not in force

(51)  determine in what cases and on what conditions a road vehicle may be equipped with a television set or a display screen.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69; 2004, c. 2, s. 71.

2002-09-03

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a heavy vehicle or of a motor vehicle whose weight is 3,000 kg or less, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service”, “hours of rest”, “home base”, “sleeper berth” and “daily logs”;

(12.0.2)  determine in what cases and on what conditions the Société may grant an operator subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the manner, the form, the content and the rules for the retention of the daily log of hours of driving and hours of service to be maintained by a driver of a heavy vehicle or any other document required under a fatigue management program;

(12.2)  determine, subject to the conditions it determines, in what cases a driver of a heavy vehicle is partially or totally exempted from the obligation of keeping a daily log of hours of driving and hours of service and from the obligation of retaining the daily logs as well as any other document concerning the trip in the driver’s possession while the driver is operating the vehicle or is at work;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  prescribe the traffic rules relating to farm machines;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  prescribe standards for the pre-departure inspection of a heavy vehicle referred to in section 519.2, and exempt certain drivers, owners and operators from making the inspection in the cases it indicates;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  fix the manner in which the daily logs must be transmitted to the operator by a person offering the services of a driver;

(40)  determine the form, content and rules for the retention of the inspection report referred to in section 519.3 and exempt certain drivers from making the report in the cases it indicates;

(40.1)  determine the persons who must be informed of a mechanical defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2;

Not in force

(51)  determine in what cases and on what conditions a road vehicle may be equipped with a television set or a display screen.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26; 2002, c. 29, s. 69.

2000-12-14

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a heavy vehicle or of a motor vehicle whose weight is 3,000 kg or less, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service”, “hours of rest”, “home base”, “sleeper berth” and “daily logs”;

(12.0.2)  determine in what cases and on what conditions the Société may grant an operator subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the manner, the form, the content and the rules for the retention of the daily log of hours of driving and hours of service to be maintained by a driver of a heavy vehicle or any other document required under a fatigue management program;

(12.2)  determine, subject to the conditions it determines, in what cases a driver of a heavy vehicle is partially or totally exempted from the obligation of keeping a daily log of hours of driving and hours of service and from the obligation of retaining the daily logs as well as any other document concerning the trip in the driver’s possession while the driver is operating the vehicle or is at work;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $90 to $270, $175 to $525 or $350 to $1,050 for a driver, owner or lessee or $175 to $525, $350 to $1,050 or $700 to $2,100 for an operator to whom Title VIII.1 applies;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  prescribe standards for the pre-departure inspection of a heavy vehicle referred to in section 519.2, and exempt certain drivers, owners and operators from making the inspection in the cases it indicates;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  fix the manner in which the daily logs must be transmitted to the operator by a person offering the services of a driver;

(40)  determine the form, content and rules for the retention of the inspection report referred to in section 519.3 and exempt certain drivers from making the report in the cases it indicates;

(40.1)  determine the persons who must be informed of a mechanical defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2;

Not in force

(51)  determine in what cases and on what conditions a road vehicle may be equipped with a television set or a display screen.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1999, c. 66, s. 26.

1999-07-01

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a heavy vehicle or of a motor vehicle whose weight is 3,000 kg or less, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service”, “hours of rest”, “home base”, “sleeper berth” and “daily logs”;

(12.0.2)  determine in what cases and on what conditions the Société may grant an operator subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the manner, the form, the content and the rules for the retention of the daily log of hours of driving and hours of service to be maintained by a driver of a heavy vehicle or any other document required under a fatigue management program ;

(12.2)  determine, subject to the conditions it determines, in what cases a driver of a heavy vehicle is partially or totally exempted from the obligation of keeping a daily log of hours of driving and hours of service and from the obligation of retaining the daily logs as well as any other document concerning the trip in the driver’s possession while the driver is operating the vehicle or is at work ;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  prescribe standards for the pre-departure inspection of a heavy vehicle referred to in section 519.2, and exempt certain drivers, owners and operators from making the inspection in the cases it indicates ;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  fix the manner in which the daily logs must be transmitted to the operator by a person offering the services of a driver;

(40)  determine the form, content and rules for the retention of the inspection report referred to in section 519.3 and exempt certain drivers from making the report in the cases it indicates ;

(40.1)  determine the persons who must be informed of a mechanical defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  (paragraph repealed);

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  (paragraph repealed);

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  (paragraph repealed);

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144; 1996, c. 56, s. 137; 1998, c. 40, s. 144.

1999-06-02

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a heavy vehicle or of a motor vehicle whose weight is 3,000 kg or less, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service”, “hours of rest”, “home base”, “sleeper berth” and “daily logs”;

(12.0.2)  determine in what cases and on what conditions the Société may grant an operator subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the manner, the form, the content and the rules for the retention of the daily log of hours of driving and hours of service to be maintained by a driver of a heavy vehicle or any other document required under a fatigue management program ;

(12.2)  determine, subject to the conditions it determines, in what cases a driver of a heavy vehicle is partially or totally exempted from the obligation of keeping a daily log of hours of driving and hours of service and from the obligation of retaining the daily logs as well as any other document concerning the trip in the driver’s possession while the driver is operating the vehicle or is at work ;

(12.3)  determine the standards, conditions and manner of implementing a fatigue management program;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies, or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of heavy vehicles and the frequency and procedure of mandatory inspections by owners;

(38)  prescribe standards for the pre-departure inspection of a heavy vehicle referred to in section 519.2, and exempt certain drivers, owners and operators from making the inspection in the cases it indicates ;

(39)  determine the form, content and rules for the retention of the reports, daily logs, files or other documents referred to in Title VIII.1 and exempt certain owners, operators or persons who supply the services of a driver from retaining them in the cases it indicates;

(39.1)  fix the manner in which the daily logs must be transmitted to the operator by a person offering the services of a driver;

(40)  determine the form, content and rules for the retention of the inspection report referred to in section 519.3 and exempt certain drivers from making the report in the cases it indicates ;

(40.1)  determine the persons who must be informed of a mechanical defect found on a heavy vehicle and the form and content of the report referred to in section 519.5 and the manner of making the report;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a heavy vehicle is partially or totally exempt from the application of Title VIII.1;

(42.1)  exempt certain heavy vehicles from the obligation of stopping at a level crossing;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which an operator or any other person it determines is informed by a driver whose driver’s licence or class of licence authorizing him to drive a heavy vehicle has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence;

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144.

1998-11-27

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service” and “hours of rest”;

(12.0.2)  determine in what cases and on what conditions the Société may grant a carrier subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service and from the obligation of keeping the register in his possession when driving his motor vehicle;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(25.1)  define, for the purposes of the safety standards for road vehicles, classes and subclasses of road vehicles other than those provided for in this Code;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance and the cases in which they must be holders of a certificate of competency issued pursuant to section 543.3.1;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, namely $100 to $200, $300 to $600, or $600 to $2,000, according to the seriousness of the offence and the identity of the offender;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence;

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144.

1998-07-21

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service” and “hours of rest”;

(12.0.2)  determine in what cases and on what conditions the Société may grant a carrier subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service and from the obligation of keeping the register in his possession when driving his motor vehicle;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence and indicate for each offence the minimum and the maximum amounts of the fine to which the offender is liable;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum amounts to which the offender is liable, according to the seriousness of the offence, namely $100 to $200, or $300 to $600 for an owner to whom Chapter I.1 of Title IX applies or $350 to $1,050 or $700 to $2,100 if Title VIII.1 applies to the owner;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, namely $100 to $200, $300 to $600, or $600 to $2,000, according to the seriousness of the offence and the identity of the offender;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence and indicate, for each offence, the minimum and the maximum amounts of the fine to which the offender is liable;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence;

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78; 1998, c. 40, s. 144.

1997-10-02

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service” and “hours of rest”;

(12.0.2)  determine in what cases and on what conditions the Société may grant a carrier subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service and from the obligation of keeping the register in his possession when driving his motor vehicle;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, namely $100 to $200, $300 to $600, or $600 to $2,000, according to the seriousness of the offence and the identity of the offender;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence;

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137; 1996, c. 60, s. 78.

1996-12-23

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  (paragraph repealed);

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(8.1)  prescribe the characteristics of the amber signal light for loads or equipment that extend beyond the rear of a road vehicle or combination of road vehicles, and the standards for its installation and use;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service” and “hours of rest”;

(12.0.2)  determine in what cases and on what conditions the Société may grant a carrier subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service and from the obligation of keeping the register in his possession when driving his motor vehicle;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(31.3)  prescribe classes of damaged road vehicles that are wholly or partially exempted from the application of Title IX.1;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(32.1)  determine the minimum standards to be met by a preventive maintenance program intended to stand in place of mandatory mechanical inspection, with regard to

(a)  the requirements relating to the mechanical components to be inspected at each maintenance;

(b)  the frequency of maintenance;

(c)  the place where maintenance is carried out;

(d)  the qualification of the mechanics assigned to maintenance;

(32.2)  determine the information and documents that must be provided by an owner on application for the certification of a preventive maintenance program;

(32.3)  determine the information that must appear on a certificate evidencing certification;

(32.4)  establish the form, content and period of validity of a preventive maintenance program sticker;

(32.5)  establish the form, content and period of retention applicable to preventive maintenance records;

(32.6)  prescribe the conditions on which an owner may allow work under a preventive maintenance program to be performed by a third person;

(32.7)  determine the cases and circumstances giving rise to cancellation by the Société of a preventive maintenance program;

(32.8)  determine, among the provisions of a regulation under paragraphs 32.1 to 32.7, those the violation of which constitutes an offence and indicate, for each offence, the minimum and maximum fines to which the offender is liable, namely $100 to $200, $300 to $600, or $600 to $2,000, according to the seriousness of the offence and the identity of the offender;

(32.9)  prescribe the progressive implementation of Chapter I.1 of Title IX according to the number and type of vehicles covered by the program;

(33)  identify a road vehicle as a recreation vehicle according to the use, type, configuration or other mechanical or material characteristic of the vehicle and determine norms and prohibitions with respect to the use and operation of recreation vehicles on public highways and off public highways and specify the minimum age required to drive such a vehicle;

(34)  determine, among the provisions of a regulation made under paragraph 33, those the violation of which constitutes an offence;

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence;

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles as well as the cases in which such vehicles must undergo a mechanical inspection under this Code;

(50)  fix the towing and daily impounding charges for a road vehicle seized under section 209.1 or section 209.2.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9; 1996, c. 56, s. 137.

1995-06-21

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  prescribe the lamps, reflectors and flares that must be carried by a road vehicle having a width that exceeds 2 metres driven on a public highway;

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service” and “hours of rest”;

(12.0.2)  determine in what cases and on what conditions the Société may grant a carrier subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles and include in those classes wheel assemblies that are not attached to an axle but are in lieu thereof;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(33)  identify a road vehicle as a recreation vehicle according to the use, type, configuration or other mechanical or material characteristic of the vehicle and determine norms and prohibitions with respect to the use and operation of recreation vehicles on public highways and off public highways and specify the minimum age required to drive such a vehicle;

(34)  determine, among the provisions of a regulation made under paragraph 33, those the violation of which constitutes an offence;

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence;

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles registered in Québec or in the place of origin of the program as well as the cases in which such vehicles must undergo a mechanical inspection under this Code.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30; 1995, c. 25, s. 9.

1993-09-01

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  prescribe the lamps, reflectors and flares that must be carried by a road vehicle having a width that exceeds 2 metres driven on a public highway;

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service” and “hours of rest”;

(12.0.2)  determine in what cases and on what conditions the Société may grant a carrier subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(33)  identify a road vehicle as a recreation vehicle according to the use, type, configuration or other mechanical or material characteristic of the vehicle and determine norms and prohibitions with respect to the use and operation of recreation vehicles on public highways and off public highways and specify the minimum age required to drive such a vehicle;

(34)  determine, among the provisions of a regulation made under paragraph 33, those the violation of which constitutes an offence;

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(36.1)  determine the additional braking systems with which road vehicles must be equipped when travelling on a public highway if their mass, load included, exceeds the mass determined by the Government, where such equipment is required by a sign or signal;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence;

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles registered in Québec or in the place of origin of the program as well as the cases in which such vehicles must undergo a mechanical inspection under this Code.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230; 1993, c. 42, s. 30.

1991-01-01

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  prescribe the lamps, reflectors and flares that must be carried by a road vehicle having a width that exceeds 2 metres driven on a public highway;

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service” and “hours of rest”;

(12.0.2)  determine in what cases and on what conditions the Société may grant a carrier subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of road vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles;

(17)  establish for classes of public highways, according to classes of road vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of road vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(20.1)  determine the form and content of escort permits for outsized vehicles and designate a person authorized to issue such permits;

(20.2)  fix the fee exigible for obtaining an escort permit for outsized vehicles, establish the conditions for obtaining such a permit and provide for the deposit of security, its nature and amount, and determine the conditions attached to the permit, including the reports to be transmitted by the holder to the person authorized to issue the escort permit;

(20.3)  determine, from among the provisions of any regulation made under paragraph 20.2, the provisions the violation of which constitutes an offence;

(20.4)  establish standards of equipment and driving rules relating to farm machinery;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a road vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection and technical appraisal of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(31.1)  establish which road vehicles damaged in an accident cannot be rebuilt;

(31.2)  prescribe the documents and information which must be included in the record of rebuilding of a road vehicle referred to in section 546.2;

(32)  establish the form and content of the certificate of mechanical inspection, the inspection sticker and the certificate of technical compliance;

(33)  identify a road vehicle as a recreation vehicle according to the use, type, configuration or other mechanical or material characteristic of the vehicle and determine norms and prohibitions with respect to the use and operation of recreation vehicles on public highways and off public highways and specify the minimum age required to drive such a vehicle;

(34)  determine, among the provisions of a regulation made under paragraph 33, those the violation of which constitutes an offence;

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of road vehicles or combinations of road vehicles, those the violation of which constitutes an offence;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  (paragraph repealed);

(46)  (paragraph repealed);

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence;

(49)  prescribe the conditions and formalities for partial or complete recognition of periodical and compulsory mechanical inspection programs of another administrative authority in Canada or the United States for road vehicles registered in Québec or in the place of origin of the program as well as the cases in which such vehicles must undergo a mechanical inspection under this Code.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11; 1990, c. 83, s. 230.

1990-06-22

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Société of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  prescribe the lamps, reflectors and flares that must be carried by a road vehicle having a width that exceeds 2 metres driven outside a city or town;

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service” and “hours of rest”;

(12.0.2)  determine in what cases and on what conditions the Société may grant a carrier subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of motor vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles;

(17)  establish for classes of public highways, according to classes of motor vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of motor vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits and designate a person authorized to issue such permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a motor vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(32)  establish the form and content of the certificate of mechanical inspection and the inspection sticker;

(33)  identify a road vehicle as a recreation vehicle according to the use, type, configuration or other mechanical or material characteristic of the vehicle and determine norms and prohibitions with respect to the use and operation of recreation vehicles on public highways and off public highways and specify the minimum age required to drive such a vehicle;

(34)  determine, among the provisions of a regulation made under paragraph 33, those the violation of which constitutes an offence;

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of combinations of road vehicles, those the violation of which constitutes an offence;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  establish, according to the types of carriers it determines, the cases where a carrier is responsible for another carrier within the meaning of the first subparagraph of the first paragraph of section 519.2 and define the expression “regularly carries passengers or goods” used in that subparagraph;

(46)  determine in what cases and on what conditions this Code is applicable to private roads open to public vehicular traffic;

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18; 1990, c. 19, s. 11.

1988-12-23

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Régie of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  prescribe the lamps, reflectors and flares that must be carried by a road vehicle having a width that exceeds 2 metres driven outside a city or town;

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle, prescribe the number of hours of rest that are applicable to the driver and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.0.1)  define the expressions “hours of driving”, “hours of service” and “hours of rest”;

(12.0.2)  determine in what cases and on what conditions the Régie may grant a carrier subject to Title VIII.1 an authorization to increase the number of hours of driving or hours of service of drivers to a number that is greater than the number prescribed by regulation;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of motor vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles;

(17)  establish for classes of public highways, according to classes of motor vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of motor vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits and designate a person authorized to issue such permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a motor vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(32)  establish the form and content of the certificate of mechanical inspection and the inspection sticker;

(33)  identify a road vehicle as a recreation vehicle according to the use, type, configuration or other mechanical or material characteristic of the vehicle and determine norms and prohibitions with respect to the use and operation of recreation vehicles on public highways and off public highways and specify the minimum age required to drive such a vehicle;

(34)  determine, among the provisions of a regulation made under paragraph 33, those the violation of which constitutes an offence;

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of combinations of road vehicles, those the violation of which constitutes an offence;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  establish, according to the types of carriers it determines, the cases where a carrier is responsible for another carrier within the meaning of the first subparagraph of the first paragraph of section 519.2 and define the expression “regularly carries passengers or goods” used in that subparagraph;

(46)  determine in what cases and on what conditions this Code is applicable to private roads open to public vehicular traffic;

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence.

1986, c. 91, s. 621; 1987, c. 94, s. 93; 1988, c. 68, s. 18.

1987-12-18

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Régie of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(2.1)  prescribe standards, conditions and procedures for the construction, operation, custody, maintenance, salubrity and safety of road vehicles used for the transportation of handicapped persons, prescribe standards for the installation and use of safety equipment and accessories in respect of such vehicles, and specify the persons to whom and the vehicles to which the standards apply;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  prescribe the lamps, reflectors and flares that must be carried by a road vehicle having a width that exceeds 2 metres driven outside a city or town;

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(5.1)  prescribe in what cases and on what conditions emergency vehicles may carry alternately flashing white headlights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(9)  establish the conditions on which riding a horse is permitted on a public highway;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe the maximum number of hours of driving and hours of service that may be required of and the terms and conditions governing the time schedule applicable to the driver of a bus, a minibus or a commercial vehicle and prescribe special standards for the installation and use of accessories and equipment on such vehicles as well as norms governing the driving of such vehicles;

(12.1)  prescribe the form and content of and the preservation rules pertaining to the register of hours of driving and hours of service every driver subject to Title VIII.1 must maintain;

(12.2)  determine, subject to the conditions it determines, in what cases a driver subject to Title VIII.1 is partially or completely exempted from the obligation to maintain a register of hours of driving and hours of service;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of motor vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles;

(17)  establish for classes of public highways, according to classes of motor vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of motor vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits and designate a person authorized to issue such permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a motor vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(32)  establish the form and content of the certificate of mechanical inspection and the inspection sticker;

(33)  identify a road vehicle as a recreation vehicle according to the use, type, configuration or other mechanical or material characteristic of the vehicle and determine norms and prohibitions with respect to the use and operation of recreation vehicles on public highways and off public highways and specify the minimum age required to drive such a vehicle;

(34)  determine, among the provisions of a regulation made under paragraph 33, those the violation of which constitutes an offence;

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of combinations of road vehicles, those the violation of which constitutes an offence;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels;

(37)  prescribe standards for the maintenance of motor vehicles that are subject to Title VIII.1 and the frequency and procedure of mandatory inspections by carriers;

(38)  prescribe standards and procedures for the inspection of a motor vehicle pursuant to section 519.6, the cases where such an inspection must be conducted and the reports that must be made by the driver of the vehicle;

(39)  determine the cases where a carrier subject to Title VIII.1 is required to maintain registers, records or other documents as well as their form and content and the preservation rules pertaining thereto;

(40)  determine the cases where a driver subject to Title VIII.1 is required to make entries in the inspection register of the vehicle he is driving as well as the form and content of the register and the preservation rules pertaining thereto;

(41)  establish a system of demerit points in respect of carriers subject to Title VIII.1, setting out

(a)  classes of carriers and the related conditions and procedures;

(b)  a list of offences and the corresponding number of demerit points;

(c)  the total number of demerit points in a carrier’s file entailing the sending of a notice;

(42)  determine, subject to the conditions it determines, the cases where a motor vehicle is partially or totally exempt from the application of Title VIII.1;

(43)  prescribe conditions and procedures in respect of the seizure and sale of a motor vehicle under section 519.61;

(44)  prescribe the procedure according to which a carrier is informed by a driver whose driver’s licence or class of licence authorizing him to drive a motor vehicle subject to Title VIII.1 has been modified, suspended or cancelled;

(45)  establish, according to the types of carriers it determines, the cases where a carrier is responsible for another carrier within the meaning of the first subparagraph of the first paragraph of section 519.2 and define the expression “regularly carries passengers or goods” used in that subparagraph;

(46)  determine in what cases and on what conditions this Code is applicable to private roads open to public vehicular traffic;

(47)  determine in what cases and on what conditions the occupant of a road vehicle may drink alcoholic beverages therein;

(48)  prescribe, among the regulations made under paragraph 41, those the violation of which constitutes an offence.

1986, c. 91, s. 621; 1987, c. 94, s. 93.

1987-06-29

621. The Government may by regulation

(1)  establish the conditions for the affixing by the Régie of an identification number to a road vehicle;

(2)  prescribe standards for the manufacture, sale, installation and use of fog lights, exhaust systems, tires and protective helmets;

(3)  establish the conditions for the installation and use of white lights at the rear of certain classes or sub-classes of road vehicles;

(4)  prescribe the lamps, reflectors and flares that must be carried by a road vehicle having a width that exceeds 2 metres driven outside a city or town;

(5)  establish criteria to be met by a road vehicle to be equipped with flashing or rotating amber lights;

(6)  prescribe standards respecting the number, colour, intensity, shape and dimensions of headlights, lights and reflectors;

(7)  prescribe standards for the windshield and windows of a road vehicle which will ensure good visibility for the driver;

(8)  prescribe standards for the manufacture, installation and use of a slow-moving vehicle signs, red flags and reflector pannels;

(9)  establish conditions under which riding a horse is permitted on public highways and determine the place on a public highway where riding a horse may be authorized;

(10)  approve devices to measure the rate of speed of a road vehicle and determine the manner in which such devices are to be used;

(11)  establish norms to govern the utilization of lamps, reflectors and flares;

(12)  prescribe maximum periods of time during which a bus, minibus or commercial vehicle may be driven and prescribe special standards for the installation and use of accessories and equipment on such vehicles and norms governing the driving of such vehicles;

(13)  prescribe standards of installation and use for anti-theft devices;

(14)  prescribe standards of installation and use for child safety devices;

(15)  establish classes of motor vehicles and combinations of road vehicles according to load, the number, type and class of axles, configuration in respect of axle arrangement, tire and suspension specifications or any other mechanical specification;

(16)  establish classes of axles;

(17)  establish for classes of public highways, according to classes of motor vehicles and combinations of road vehicles and classes of axles, norms for axle load, total loaded mass and dimensions of motor vehicles and combinations of road vehicles with or without load;

(18)  modify, during periods of thaw or in the event of rain, erosion or flooding, the norms established under paragraph 17;

(19)  determine the form and content of special permits and designate a person authorized to issue such permits;

(20)  determine the amount of the fee exigible and the conditions and formalities for obtaining a special permit and the conditions attached to such a permit according as the permit relates to an outsized vehicle or to a vehicle used for the transportation of a load exceeding its length or its width;

(21)  determine the circumstances in which farm animals may be allowed across a public highway even when the requirements of the first paragraph of section 493 are not met;

(22)  prescribe norms respecting the sale and use of brake fluid;

(23)  establish norms for the securing of loads and determine, among the provisions of the regulation, those the violation of which constitutes an offence;

(24)  require the installation and use on buses and minibuses of accessories that meet safety standards and establish norms of installation and use in respect thereof;

(25)  establish the safety standards that must be met by a road vehicle to be authorized to be operated;

(26)  regulate the presence and movement of convoys on the public highways;

(27)  take the measures necessary to control the dimensions and mass of a motor vehicle or combination of road vehicles moving on a public highway, load included;

(28)  determine what road vehicles are subject to mechanical inspection under paragraph 11 of section 521;

(29)  prescribe the frequency, standards and procedures of the mechanical inspection of the various road vehicles that are subject to inspection;

(30)  determine, in relation to the inspection of vehicles the minor and major defects that may affect a road vehicle;

(31)  establish the form, content, conditions and procedures of issue of the notices referred to in sections 531 and 542;

(32)  establish the form and content of the certificate of mechanical inspection and the inspection sticker;

(33)  identify a road vehicle as a recreation vehicle according to the use, type, configuration or other mechanical or material characteristic of the vehicle and determine norms and prohibitions with respect to the use and operation of recreation vehicles on public highways and off public highways and specify the minimum age required to drive such a vehicle;

(34)  determine, among the provisions of a regulation made under paragraph 33, those the violation of which constitutes an offence;

(35)  determine, among the provisions of a regulation concerning the conditions attached to a special permit for a certain class of combinations of road vehicles, those the violation of which constitutes an offence;

(36)  exempt certain road vehicles, according to their class or sub-class, the year they were manufactured or the make and model attributed by the manufacturer, from the mandatory service brake system on the front-axle wheels.

1986, c. 91, s. 621.