C-24.2, r. 26 - Regulation respecting towing and impounding charges for seized road vehicles

Remplacé le 1^er juin 2023

Ce document a valeur officielle.

chapter C-24.2, r. 26

Regulation respecting towing and impounding charges for seized road vehicles

Highway Safety Code

(chapter C-24.2, s. 621).

Replaced, O.C. 782-2023, 2023 G.O. 2, 802; eff. 2023-06-01; see chapter C-24.2, r. 26.1.

The charges prescribed in the Regulation have been indexed as of 1 March 2022 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 26 February 2022, page 151. (ss. 1, 3)

O.C. 751-2008; O.C. 1144-2008, s. 1.

1. The maximum towing charges, for a distance of 10 km or less, for a road vehicle seized under the Highway Safety Code (chapter C-24.2), in a location not referred to in the Regulation respecting the provision of road service or towing on certain roads and autoroutes and on certain bridges or other infrastructures (chapter M-28, r. 4), are those appearing in the following table according to vehicle class:

Vehicle class	Towing charges
Road vehicle with a net weight of 3,000 kg or less	$79.97
Road vehicle with a net weight of more than 3,000 kg but 8,000 kg or less	$123.67
Road vehicle with a net weight of more than 8,000 kg	$186.59

Where the towing distance exceeds 10 km, the towing charges for a road vehicle with a net weight of 3,000 kg or less are the sum of the charges appearing in the table in the first paragraph for that vehicle class and the product obtained by multiplying $2.65 by the number of additional towing kilometres.

O.C. 751-2008, s. 1; O.C. 1144-2008, s. 2.

2. The maximum towing charges, for a distance of 10 km or less, for a road vehicle seized under the Code on parts of public highways referred to in the Regulation respecting the provision of road service or towing on certain roads and autoroutes and on certain bridges or other infrastructures (chapter M-28, r. 4), are those appearing in the following table according to vehicle class:

             Vehicle class                            Towing charges           

road vehicle with a net weight of 
3,000 kg or less                                           $105

road vehicle with a net weight of more 
than 3,000 kg but 8,000 kg or less                         $146

road vehicle with a net weight of more 
than 8,000 kg                                              $205
    

Where the towing distance exceeds 10 km, the towing charges for a road vehicle with a net weight of 3,000 kg or less are the sum of the charges appearing in the table in the first paragraph for that vehicle class and the product obtained by multiplying $2.50 by the number of additional towing kilometres.

O.C. 751-2008, s. 2; O.C. 1144-2008, s. 3.

3. An hourly rate of $117.28, charged per 30 minutes, is added for towing a road vehicle of more than 3,000 kg but 8,000 kg or less after the first 30 minutes spent on the towing premises.

An amount at an hourly rate of $181.24, charged per 30 minutes, is added for towing a road vehicle of more than 8,000 kg after the first 30 minutes spent on the towing premises.

O.C. 751-2008, s. 3.

4. The daily impounding charges for a road vehicle seized under the Code are

1°  $15 for a vehicle with a net weight of 3,000 kg or less;

2°  $25 for a vehicle with a net weight of more than 3,000 kg but 8,000 kg or less; and

3°  $35 for a vehicle with a net weight of more than 8,000 kg.

O.C. 751-2008, s. 4; O.C. 1144-2008, s. 4.

5. The daily impounding charges for a seized road vehicle referred to in this Regulation apply to seizures of road vehicles as of 24 July 2008.

O.C. 751-2008, s. 5.

5.1. The towing charges set by this Regulation are indexed on 1 June of each year. The indexation is calculated by multiplying the charges by the ratio between the average of the for-hire motor carrier freight services monthly price indexes for the truck transportation category [484] established by Statistics Canada for the 12-month period ending on 31 December of the preceding year and the average of those indexes established for the 12-month period ending on 31 December of the year prior to the preceding year.

If an annual average or the ratio between the averages calculated under the first paragraph or the amount of indexed charges has more than 2 decimals, only the first 2 decimals are retained and the second one is increased by one unit if the third decimal is equal to or greater than 5.

However, if the charges resulting from the calculation under the first paragraph are lower than the charges for the preceding year, the indexation is without effect.

If, pursuant to the third paragraph, the indexation for the preceding year had no effect, the indexation calculation under the first paragraph is made on the basis of the charges for the preceding year, as they would have been indexed had it not been for the application of the third paragraph.

The Minister of Transport publishes the result of the indexation each year in the Gazette officielle du Québec.

S.Q. 2022, c. 13, s. 97.

See M.O. 2022-08, 2022 G.O. 2, 3224.

6. This Regulation replaces the Regulation respecting towing and impounding charges for road vehicles seized under sections 209.1 and 209.2 of the Highway Safety Code (O.C. 1426-97, 97-10-29).

O.C. 751-2008, s. 6.

7. (Omitted).

O.C. 751-2008, s. 7.

REFERENCES

O.C. 751-2008, 2008 G.O. 2, 2938

O.C. 1144-2008, 2008 G.O. 2, 5516A

S.Q. 2022, c. 13, s. 97