P-30.3 - Act respecting owners, operators and drivers of heavy vehicles

Section 26 Disposition versions

2006-01-01

26. The Commission may assess whether a person endangers or imperils the users of roads open to public vehicular traffic or threatens the integrity of those roads. It may also determine, for the purposes of sections 7, 16.1, 16.3 and 30, whether an indictable or criminal offence is related to the use of a heavy vehicle or to the exercise of activities as a transport service intermediary, as applicable.

1998, c. 40, s. 26; 2005, c. 39, s. 17.

1998-07-21

26. On its own initiative or after examining a proposal or a request made by the Société or any other person, the Commission may, if it has ascertained a contravention of the provisions of this Act, the Highway Safety Code (chapter C‐24.2) or any other Act referred to in section 23, promptly take one or more of the following measures:

(1)  prohibit the putting into operation or the operation of all or certain heavy vehicles owned or operated by a person;

(2)  declare an owner or an operator of heavy vehicles totally or partially disqualified;

(3)  make a total disqualification applicable to the partners of a partnership or the directors of a legal person who, in its opinion, had a determining influence;

(4)  impose special conditions concerning, in particular, the class of heavy vehicles that may be used, their capacity and mechanical condition, the qualifications of drivers, hours of driving, loads and dimensions, reports to be filed, security to be furnished and the safety or monitoring equipment to be installed on heavy vehicles, as conditions for maintaining a person’s rights as an owner or operator;

(5)  in the case of a person whose activities are considered by the Commission to be in the public interest, appoint, for the period it fixes and at the expense of that person, a director who is deemed to exercise alone all the powers of the board of directors in relation to the operation of any heavy vehicle;

(6)  appoint, for the period it fixes and at the expense of the person concerned, a supervisor who will report to the Commission on the putting into operation or operation of the heavy vehicles by the person concerned;

(7)  identify from among the employees of a person concerned the employees who require training courses, at the expense of that person, within the time and on the conditions determined by the Commission, in various fields of activity related to safety in the transportation of persons or goods or to the protection of the road network;

(8)  strike off transport service intermediaries from the list established under section 15 for a period of not more than five years or impose conditions for the maintenance of their registration if their practices endanger the safety of road users or threaten the integrity of the road network;

(9)  enter into administrative agreements with any person registered; and

(10)  take any other measure it considers appropriate and reasonable.

Owners, operators or transport service intermediaries may apply to the Commission to have the Commission consider their files, in particular for the purposes of an agreement under subparagraph 9 of this section.

1998, c. 40, s. 26.