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

Section 39 Disposition versions

2008-06-12

39. A heavy vehicle being operated on a road open to public vehicular traffic in contravention of a measure prohibiting the putting of a heavy vehicle into operation or the operation or driving of a heavy vehicle may be immediately seized by a peace officer and impounded for a period of 30 days. The seizure, to which the provisions of sections 209.3 to 209.10 and section 209.23 of the Highway Safety Code (chapter C‐24.2) apply, with the necessary modifications and replacing therein, except in section 209.8, “Société” by “Commission”, shall be effected on behalf of the Commission and the costs of the seizure shall be chargeable to the person subject to the prohibition.

Where the owner or the person subject to the prohibition is unaware of the prohibition, or where the seizure was effected by mistake, release or recovery of the vehicle may be obtained in accordance with the provisions of sections 209.11 to 209.15 of the Highway Safety Code, with the necessary modifications and replacing therein, except in section 209.15, “Société” by “Commission”.

The provisions of sections 209.17 to 209.22.3 and 209.24 to 209.26 and the regulatory provisions under paragraph 50 of section 621 of that Code also apply, with the necessary modifications, to the seizure.

1998, c. 40, s. 39; 1999, c. 66, s. 33; 2008, c. 14, s. 122.

2000-05-01

39. A heavy vehicle being operated on a road open to public vehicular traffic in contravention of a measure prohibiting the putting of a heavy vehicle into operation or the operation of a heavy vehicle may be immediately seized by a peace officer and impounded for a period of 30 days. The seizure, to which the provisions of sections 209.3 to 209.10 and section 209.23 of the Highway Safety Code (chapter C‐24.2) apply, with the necessary modifications and replacing therein, except in section 209.8, “Société” by “Commission”, shall be effected on behalf of the Commission and the costs of the seizure shall be chargeable to the person subject to the prohibition.

Where the owner or the person subject to the prohibition is unaware of the prohibition, or where the seizure was effected by mistake, release or recovery of the vehicle may be obtained in accordance with the provisions of sections 209.11 to 209.15 of the Highway Safety Code, with the necessary modifications and replacing therein, except in section 209.15, “Société” by “Commission”.

The provisions of sections 209.17 to 209.22.3 and 209.24 to 209.26 and the regulatory provisions under paragraph 50 of section 621 of that Code also apply, with the necessary modifications, to the seizure.

1998, c. 40, s. 39; 1999, c. 66, s. 33.

1998-07-21

39. A heavy vehicle being operated on a road open to public vehicular traffic in contravention of a measure prohibiting the putting of a heavy vehicle into operation or the operation of a heavy vehicle may be immediately seized by a peace officer and impounded for a period of 30 days. The seizure, to which the provisions of sections 209.3 to 209.10 of the Highway Safety Code (chapter C‐24.2) apply, adapted as required and replacing therein, except in section 209.8, “Société” by “Commission”, shall be effected on behalf of the Commission and the costs of the seizure shall be chargeable to the person subject to the prohibition.

Where the owner or the person subject to the prohibition is unaware of the prohibition, or where the seizure was effected by mistake, release may be obtained in accordance with the provisions of sections 209.11 to 209.16 of the Highway Safety Code, adapted as required and replacing therein, except in sections 209.15 and 209.16, “Société” by “Commission”.

The provisions of sections 209.17 to 209.26 of that Code, adapted as required, also apply to a seizure.

1998, c. 40, s. 39.