Regulation respecting a Reciprocal Agreement between the State of

Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 13, 1996, Vol. 128, No. 11 1543

Gouvernement du Québec

O.C. 298-96, 6 March 1996

Highway Safety Code

(R.S.Q., c. C-24.2)

Agreement with Florida concerning

Driver Licenses and Traffic Offenses

Implementation of an Agreement between the State

of Florida and the Government of Québec concerning

Driver Licenses and Traffic Offenses

HEREAS in accordance with Order in Council 779-95

dated 7 June 1995, the Minister of International Affairs,

Immigration and Cultural Communities was authorized

to sign alone a Reciprocal Agreement between the State

of Florida and the Government of Québec concerning

Driver Licenses and Traffic Offenses;

HEREAS under that Order in Council, the Agree-

ment between the State of Florida and the Government

of Québec concerning Driver Licenses and Traffic Of-

fenses was approved by the Government;

HEREAS under section 20 of the Act respecting the

Ministère des Affaires internationales, de l’Immigration

et des Communautés culturelles (R.S.Q., c. M-21.1), the

Minister may, in writing, authorize a person to sign an

international agreement on his behalf;

HEREAS Mr. Jean-Yves Gagnon, Chairman of the

Société de l’assurance automobile du Québec was au-

thorized by the Minister to sign on his behalf the Agree-

ment between the State of Florida and the Government

of Québec concerning Driver Licenses and Traffic Of-

fenses and that the Agreement was signed on 21 July

1995;

HEREAS under section 19 of the Act respecting the

Ministère des Affaires internationales, de l’Immigration

et des Communautés culturelles, the Minister shall see

to the implementation of international agreements;

HEREAS under section 629 of the Highway Safety

Code (R.S.Q., c. C-24.2), the Minister of Transport may,

according to law, enter into an agreement with any

government, department or body respecting any matter

referred to in this Code;

HEREAS that section also specifies that an agree-

ment may exempt any person from the application of

part of this Code and that the Société de l’assurance

automobile du Québec shall be responsible for the imple-

mentation of such an agreement;

HEREAS under section 631 of the Code, the Govern-

ment may, by regulation, adopt the necessary measures

to give effect to an agreement respecting a matter re-

ferred to in section 629 of the Code and that the publica-

tion requirement set out in section 8 of the Regulations

Act (R.S.Q., c. R-18.1), does not apply to such a regula-

tion;

T IS ORDERED, therefore, upon the recommendation

of the Minister of Transport and of the Minister of

International Relations:

HAT the Regulation respecting a Reciprocal Agree-

ment between the State of Florida and the Government

of Québec concerning Driver Licenses and Traffic Of-

fenses, attached to this Order in Council, be made.

ICHEL CARPENTIER,

Clerk of the Conseil exécutif

Regulation respecting a Reciprocal

Agreement between the State of

Florida and the Government of

Québec concerning Driver Licenses and

Traffic Offenses

Highway Safety Code

(R.S.Q., c. C-24.2, s. 631)

1. The application of the Highway Safety Code

(R.S.Q., c. C-24.2) to a holder of a driver’s licence

issued by the Société de l’assurance automobile du

Québec or by the Department of Highway Safety and

Motor Vehicles of the State of Florida is subject to the

provisions contained in the Reciprocal Agreement be-

tween the State of Florida and the Government of Québec

concerning Driver Licenses and Traffic Offenses, the

text of which appears attached hereto.

2. This Regulation comes into force on 1 April 1996.

RECIPROCAL AGREEMENT BETWEEN THE

STATE OF FLORIDA AND THE GOVERNMENT OF

QUÉBECCONCERNING DRIVER LICENSES AND

TRAFFIC OFFENSES

HEREAS the State of Florida and the government of

Québec wish to:

1. Promote compliance with traffic laws and improve

highway safety within their own borders;

2. Facilitate, for their respective residents who hold a

valid driver license, the issuance of a license from the

other jurisdiction to which they are moving;

1544 GAZETTE OFFICIELLE DU QUÉBEC, March 13, 1996, Vol. 128, No. 11 Part 2

3. Further highway safety by treating offenses for

which their residents have been declared guilty in the

other jurisdiction as if they had been committed in the

home jurisdiction, for purposes of updating and main-

taining driver license records;

4. Strengthen cooperation between the two jurisdic-

tions so that residents satisfy fines imposed as a result of

offenses committed within the other jurisdiction;

5. Allow drivers to accept traffic citations for certain

offenses and proceed on their way without delay.

HEREFORE, the State of Florida and the government

of Québec agree to the measures set forth in this Agree-

ment.

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement:

1.1 “Jurisdiction” refers to the State of Florida or to

the government of Québec.

1.2 “Home jurisdiction” means:

the jurisdiction that issues a driver license and has the

authority to suspend or revoke it.

1.3 “Jurisdiction of origin” means:

the jurisdiction which has issued the driver license

that the holder wants to exchange for a license of the

jurisdiction where he now resides.

1.4 “Declaration of guilt” means:

an admission of guilt entered by or on behalf of the

driver or a finding of guilt after trial and, where appli-

cable, an adjudication of guilt in a competent court, or

payment of a fine for an offense mentioned under para-

graph 3.1 committed in either jurisdiction.

1.5 “Florida driver license” means:

a class E regular operator’s license issued by the

Department of Highway Safety and Motor Vehicles to a

person who does not operate a commercial vehicle and

who is not required to hold a commercial driver’s li-

cense.

1.6 “Québec driver license” means:

a class 5 driver license issued by the Société de

l’assurance automobile du Québec authorizing its holder

to drive a two-axle motor vehicle whose net weight is

less than 4 500 kg, a motor vehicle permanently con-

verted into living quarters, a service vehicle and special

mobile equipment.

1.7 “Valid driver license” means:

a driver license that at the time of exchange has not

expired and is not revoked or suspended in accordance

with the laws of the issuing jurisdiction.

1.8 “Points” means:

demerit points or violation points assessed by a juris-

diction for certain offenses.

ARTICLE 2

DRIVER LICENSE EXCHANGE

2.1 A resident of Florida who holds a valid Florida

driver license may upon becoming a resident of Québec,

exchange such license without examination other than a

vision test, for a Québec driver license upon payment of

the prescribed fees and the insurance contribution fixed

by section 151 and 151.2 of the Automobile Insurance

Act (R.S.Q., c. A-25) and revalorized where such is the

case, in accordance with section 151.4 of the Act.

2.2 A resident of Québec who holds a valid Québec

driver license may upon becoming a resident of Florida,

exchange such license, without an examination other

than a vision test, for a Florida driver license upon

compliance with Chapter 322 of the Florida Statutes.

2.3 The exchanged license shall either be returned to

the jurisdiction of origin or destroyed and notification

sent to the jurisdiction of origin.

2.4 The jurisdiction of origin will verify the validity

of the license by disclosing to the home jurisdiction the

following information, if available:

— the holder’s name and address;

— the holder’s height and sex;

— the holder’s driving record;

— the driver’s license number;

— the period of validity of the license;

— any restrictions to which the holder is subject;

— any suspensions or revocations of record, including:

— the reason for such suspension or revocation;

— the period of closed suspensions or revocations;

— the date of disclosure.

2.5 Information obtained by the new jurisdiction of

residence pursuant to paragraph 2.4, becomes part of the

driver record.

Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 13, 1996, Vol. 128, No. 11 1545

2.6 A driver license issued pursuant to paragraphs

2.1 or 2.2 may be subsequently suspended, revoked,

canceled or restricted, or additional examination may be

required based upon information received pursuant to

paragraph 2.4.

ARTICLE 3

REPORTS AND EFFECTS OF CONVICTION

3.1 Declarations of guilt concerning the following

offenses shall be reported to the home jurisdiction by the

jurisdiction in which the offense was committed:

3.1.1 Major offenses

— Offenses relating to the operation of a motor ve-

hicle while under the influence of alcohol or drugs,

under sections 316.193(1) and 316.1932 of the Florida

Statutes and under sections 253 and 254 of the Criminal

Code of Canada (hereinafter referred to as the “Criminal

Code”);

— Offenses resulting in death or serious bodily injury

relating to the operation of a motor vehicle, under sec-

tions 782.07 and 782.071 of the Florida Statutes and

under sections 220 and 236 of the Criminal Code;

— Offenses relating to reckless driving, under

316.192(1) of the Florida Statutes and under section

249(1)(a) of the Criminal Code;

— Offenses relating to the failure to stop at the scene

of a fatal or personal injury accident or leaving without

reporting, under sections 316.027(1), 316.062(1),

316.063(1) and 316.065(1) of the Florida Statutes and

under section 252(1)(a) of the Criminal Code and sec-

tions 168 and 170 of the Highway Safety Code of Québec

(hereinafter referred to as the “Highway Safety Code”).

— Offenses relatings to school bus traffic safety, un-

der section 316.172 of the Florida Statutes and under

section 460 of the Highway Safety Code.

3.1.2 Other offenses

— Offenses relating to driving over a prescribed or

posted speed limit or at a speed in excess of that required

for the safe operation of a motor vehicle under sections

316.183(1) and (2), 316.187(1) and (2) and under sec-

tions 327 to 329 of the Highway Safety Code;

— Offenses relating to the failure to obey a traffic

control device under section 316.123(2) and under sec-

tions 368 and 370 of the Highway Safety Code.

3.1.3 County or municipal offenses

— Offenses relating to the operation of a motor ve-

hicle under county or municipal by-laws or ordinances,

substantially similar to those offenses concerning the

Highway Safety Code listed in subparagraph 3.1.1 and

3.1.2.

3.2 For the purposes of driver license records, the

home jurisdiction shall recognize a declaration of guilt

in the other jurisdiction concerning one of its residents

as if the violation were committed in the home jurisdic-

tion. Points shall be assessed and suspensions or revoca-

tions imposed in accordance with the appendix to this

Agreement.

ARTICLE 4

ISSUANCE OF CITATION

4.1 A law enforcement officer issuing a citation to a

driver who is a resident of the other jurisdiction, shall

not require the posting of collateral or take the driver

into custody except as provided under paragraph 4.2.

4.2 A law enforcement officer may, for an offense

included in subparagraph 3.1.1, require the posting of

collateral or take the driver into custody.

ARTICLE 5

COMPLIANCE WITH TRAFFIC CITATIONS

5.1 Whenever a driver has failed following a declara-

tion of guilt to pay an imposed fine within 30 days, for

an offense mentioned under subparagraph 3.1.2 or 3.1.3,

the juridiction in which the citation was issued shall

notify the home jurisdiction of such failure.

5.2 Upon receipt of the notification prescribed in

paragraph 5.1, the home jurisdiction shall inform the

driver that his driving privilege is or will be suspended

pending compliance with the terms of the citation and

related requirements.

5.3 No report shall be transmitted under paragraph

5.1 if the date of transmission is more than six (6)

months from the date of the declaration of guilt.

ARTICLE 6

ADMINISTRATION OF THE AGREEMENT

6.1 The Société de l’assurance automobile du Québec

and the Department of Highway Safety and Motor Ve-

hicles of the State of Florida shall be the administrators

of this Agreement and shall be empowered to develop

the forms and procedures necessary to administer this

Agreement.

1546 GAZETTE OFFICIELLE DU QUÉBEC, March 13, 1996, Vol. 128, No. 11 Part 2

6.2 The administrator in each jurisdiction shall pro-

vide the other with any information or documents neces-

sary to facilitate the administration of this Agreement.

Such information shall include notification of any legis-

lative or regulatory changes which may affect the terms

of this Agreement.

6.3 The provisions of this Agreement shall remain in

force, with appropriate changes, when any amendment

to the laws or regulations of either jurisdiction does not

substantially affect these provisions.

6.4 The parties shall conform to any statutory provi-

sions applicable to the access to documents held by

governmental institutions and to the protection of per-

sonal information.

6.5 Information reported under paragraphs 2.4 and

3.1 shall be transmitted in manner mutually agreeable to

both parties.

ARTICLE 7

VALIDITY OF OTHER LAWS

This Agreement does not invalidate any provision of

a law or a regulation relating to driver licenses in effect

in either jurisdiction, nor does it affect other reciprocal

agreements.

ARTICLE 8

EFFECTIVE DATES AND WITHDRAWAL

The provisions of this Agreement will be effective

upon formal notice on a date or dates acceptable to both

jurisdictions. Either jurisdiction may withdraw from this

Agreement by written notice to the other jurisdiction,

but no such withdrawal shall take effect until 90 days

after receipt of such notice.

ARTICLE 9

SEVERABILITY

The provisions of this Agreement are severable.

Signed at ____________________ Signed at Québec

this ___ day of _____________ this 21

day of July

1995. 1995.

In duplicate in the English and French languages,

each text being equally authentic.

STATE OF FLORIDA THE GOVERNMENT

OF QUÉBEC

RED DICKINSON JEAN-YVES GAGNON

Executive Director of the Président-directeur général

Department of Highway Société de l’assurance

Safety and Motor Vehicles automobile du Québec

Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 13, 1996, Vol. 128, No. 11 1547

RECIPROCAL AGREEMENT BETWEEN THE STATE OF FLORIDA AND THE GOVERNMENT

OF QUÉBEC CONCERNING DRIVER LICENSES AND TRAFFIC OFFENSES

APPENDIX

ARTICLE I

PENALTIES APPLIED BY THE GOVERNMENT OF QUÉBEC

In accordance with article 3 of the Agreement, the government of Québec will apply the following penalties to its

residents convicted of offenses in Florida.

OFFENSE PURSUANT TO THE APPLICABLE PENALTY IN QUÉBEC

LEGISLATION OF FLORIDA

I- MAJOR OFFENSES

1.1 Section 316.027 (1) of the Florida Statutes 1.1 License revocation or suspension of the right to

obtain a license: at least one year

1.2 Section 316.062 (1) of the Florida Statutes 1.2 Assessment of at least nine (9) demerit points on

the driver’s record

1.3 Section 316.063 (1) of the Florida Statutes 1.3 Assessment of at least nine (9) demerit points on

the driver’s record

1.4 Section 316.065 (1) of the Florida Statutes 1.4 Assessment of at least nine (9) demerit points on

the driver’s record

1.5 Section 316.172 of the Florida Statutes 1.5 Assessment of at least nine (9) demerit points on

the driver’s record

1.6 Section 316.192 (1) of the Florida Statutes 1.6 License revocation or suspension of the right to

obtain a license: at the least one year

1.7 Section 316.193 (1)(a) and (b) of the Florida Statutes 1.7 License revocation or suspension of the right to

obtain a license: at least one year

1.8 Section 316.1932 of the Florida Statutes 1.8 License revocation or suspension of the right to

obtain a license: at least one year

1.9 Section 782.07 of the Florida Statutes 1.9 License revocation or suspension of the right to

obtain a license: at least one year

1.10 Section 782.071 of the Florida Statutes 1.10 License revocation or suspension of the right to

obtain a license: at least one year

II- OTHER OFFENSES

2.1 Section 316.123 (2)(a) of the Florida Statutes 2.1 Assessment of at least three (3) demerit points on

the driver’s record

2.2 Section 316.123 (2)(b) of the Florida Statutes 2.2 Assessment of at least three (3) demerit points on

the driver’s record

2.3 Section 316.183 (1) of the Florida Statutes 2.3 Assessment of at least four (4) demerit points on

the driver’s record

1548 GAZETTE OFFICIELLE DU QUÉBEC, March 13, 1996, Vol. 128, No. 11 Part 2

OFFENSE PURSUANT TO THE APPLICABLE PENALTY IN QUÉBEC

LEGISLATION OF FLORIDA

II- OTHER OFFENSES

2.4 Section 316.183 (2) of the Florida Statutes 2.4 Assessment of at least one (1) demerit points on the

driver’s record

2.5 Section 316.187 (1) of the Florida Statutes 2.5 Assessment of at least one (1) demerit points on the

driver’s record

2.6 Section 316.187 (2) of the Florida Statutes 2.6 Assessment of at least one (1) demerit points on the

driver’s record

ARTICLE II

PENALTIES APPLIED BY THE STATE OF FLORIDA

In accordance with Article 3 of the Agreement, the State of Florida will apply the following penalties to its residents

convicted of offenses in Québec.

OFFENSE PURSUANT TO THE LEGISLATION APPLICABLE PENALTY IN FLORIDA

IN QUÉBEC

I- MAJOR OFFENSES

1.1 Section 220 of the Criminal Code 1.1 License revocation or suspension of the right to

obtain a license: at least three years.

1.2 Section 236 of the Criminal Code

1.2 License revocation or suspension of the right to

obtain a license: at least three years.

1.3 Section 249 (1)(a) of the Criminal Code 1.3 Assessment of four points on the driver’s record.

1.4 Section 252 (1)(a) of the Criminal Code or 1.4 License revocation or suspension of the right to

section 168 of the Highway Safety Code obtain a license: at least one year.

1.5 Section 253 of the Criminal Code 1.5 License revocation or suspension of the right to

obtain a license: at least 180 days.

1.6 Section 254 of the Criminal Code 1.6 License revocation or suspension of the right to

obtain a license: at least six months.

1.7 Section 170 of the Highway Safety Code 1.7 License revocation or suspension of the right to

obtain a license: at least one year.

1.8 Section 171 of the Highway Safety Code 1.8 Assessment of six points on the driver’s record.

1.9 Section 460 of the Highway Safety Code 1.9 Assessment of four points on the driver’s record.

Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 13, 1996, Vol. 128, No. 11 1549

OFFENSE PURSUANT TO THE LEGISLATION APPLICABLE PENALTY IN FLORIDA

IN QUÉBEC

II- OTHER OFFENSES

2.1 Section 327 of the Highway Safety Code or like 2.1 Assessment of at least three points on the driver’s

section of a municipal traffic by-law record.

2.2 Section 328 of the Highway Safety Code or like 2.2 Assessment of at least three points on the driver’s

section of a municipal traffic by-law record.

2.3 Section 329 of the Highway Safety Code or like 2.3 Assessment of at least three points on the driver’s

section of a municipal by-law record.

2.4 Section 368 of the Highway Safety Code or like 2.4 Assessment of three points on the driver’s record.

section of a municipal traffic by-law

2.5 Section 370 of the Highway Safety Code or like 2.5 Assessment of three points on the driver’s record.

section of a municipal traffic by-law

9624

M.O., 1996

Order of the Minister of Transport respecting the

approval of weigh scales dated 19 February 1996

Highway Safety Code

(R.S.Q., c. C-24.2, a. 467)

1. The Minister of Transport approves the following

wheel-load scales:

Make Model Serial No.

HAENNI WL-101 16475

HAENNI WL-101 15476

HAENNI WL-101 15477

HAENNI WL-101 16478

HAENNI WL-101 16479

HAENNI WL-101 16480

HAENNI WL-101 16481

HAENNI WL-101 16482

HAENNI WL-101 16483

HAENNI WL-101 16484

HAENNI WL-101 16485

HAENNI WL-101 16486

HAENNI WL-101 16487

HAENNI WL-101 16488

HAENNI WL-101 16489

HAENNI WL-101 16490

HAENNI WL-101 16491

HAENNI WL-101 16492

HAENNI WL-101 16493

HAENNI WL-101 16494

Make Model Serial No.

HAENNI WL-101 16495

HAENNI WL-101 16496

HAENNI WL-101 16497

HAENNI WL-101 16498

HAENNI WL-101 16499

HAENNI WL-101 16500

HAENNI WL-101 16501

HAENNI WL-101 16502

HAENNI WL-101 16503

HAENNI WL-101 16504

HAENNI WL-101 16505

HAENNI WL-101 16506

HAENNI WL-101 16507

HAENNI WL-101 16508

HAENNI WL-101 16509

HAENNI WL-101 16510

HAENNI WL-101 16511

HAENNI WL-101 16512

HAENNI WL-101 16513

HAENNI WL-101 16514

HAENNI WL-101 16515

HAENNI WL-101 16516

HAENNI WL-101 16517

HAENNI WL-101 16518

HAENNI WL-101 16519

HAENNI WL-101 16520

HAENNI WL-101 16521

HAENNI WL-101 16522