Amendments to the definition of a “heavy vehicle” in the Act respecting owners, operators and drivers of heavy vehicles comeinto effect on January 1, 2011. As of that date, any road vehicle orcombination of road vehicles with a gross vehicle weight rating(GVWR)1 of 4,500 kg or more will be considered to be a heavy vehicle2.

This bulletin is addressed to you if on January 1, 2011, you own oroperate at least one road vehicle with a GVWR of 4,500 kg or more,registered in Québec and covered3 by the Act respecting owners,operators and drivers of heavy vehicles.

You have until December 31, 2011, to register in the Registre despropriétaires et exploitants de véhicules lourds (register of heavyvehicle owners and operators) with the Commission des transports

du Québec (the Commission). In addition, as of January 1, 2011,you must obey the legal and regulatory provisions related to usinga heavy vehicle.

Under the Act, the Société de l’assurance automobile du Québec(SAAQ) is required to keep a record for all owners and operators ofheavy vehicles4 registered in Québec that operate in Québec and elsewhere in Canada. The SAAQ has therefore instituted a ConductReview Policy to monitor and assess the conduct of heavy vehicleowners and operators (HVOOs). The purpose of the Policy is to identify HVOOs that pose a risk for road safety or the protection of the road network, and intervene with them.

1 The GVWR is the vehicle weight, including its maximum load capacity, according to the manufacturer’s specifications.

2 Buses, minibuses, tow trucks and vehicles transporting dangerous goods are always considered to be heavy vehicles, regardless of their GVWR.

3 In this bulletin, a “heavy vehicle” is a vehicle that meets the criteria of the new definition of aheavy vehicle and that is not exempted under Regulation respecting the Act respecting owners, operators and drivers of heavy vehicles.

4 Within the meaning of the Act respecting owner, operators and drivers of heavy vehicles,heavy vehicle owners are persons “whose name appears on the vehicle's registration certificateissued in Québec or a person who holds, in respect of the vehicle, a right within the meaningof section 2 of the Highway Safety Code”, and heavy vehicle operators are persons who “whocontrol the operation of a heavy vehicle”.

5 A peace officer could be a carrier enforcement officer from Contrôle routier Québec or an officerwith the Sûreté du Québec or a municipal police force.

YOUR CONDUCT RECORD

AMENDMENTS TO THE DEFINITION OF A “HEAVY VEHICLE”

NEW HEAVY VEHICLE OWNERS AND OPERATORS

As of January 1, 2011, the SAAQ enters in your record any eventsthat involve a “heavy vehicle” in Québec or the rest of Canada, even if you are not yet registered with the HVOO Register at theCommission.

Until you are registered, the SAAQ considers you to be both a heavy vehicle owner and an operator. As such, the followingevents will be considered in assessing your conduct:

• Offences that you and drivers that you employ are accusedof committing with a “heavy vehicle”, in particular offences relatedto traffic rules, driving and off-duty time, pre-trip inspections, loadsecuring, loaded mass and length, as well as maintenance andmechanical inspection rules;

• Road accidents in which your “heavy vehicles” are involved, thatis, fatal accidents, accidents with injuries, and accidents with property damage only;

• “Driver” and “vehicle” out-of-service orders issued by a peace officers5;

• Failures in facility audits by Contrôle routier Québec.

These events remain on your record for a period of two years.

Vol. 13, No 1, December 2010

ASSESSMENT OF YOUR CONDUCT

When you are registered with the Commission, the SAAQ:

• Adjusts your status as a heavy vehicle owner, operator orowner-operator;

• Determines the “heavy vehicle” fleet that you own and thefleet that you operate, if there is a difference between the two;

• Updates your file by categorizing the events related to theuse of a “heavy vehicle” that you own or operate entered inyour record since January 1, 2011, if applicable.

The SAAQ then assesses your conduct based on the events on yourrecord, using the three following assessment tools:

• Ongoing review of your conduct on the basis of offences, accidents and “vehicle” or “driver” out-of-service orders enteredon your record. These events are weighted and categorized ineach conduct area. A threshold of points that must not be reached is set for each area according to the size of the heavy vehicle fleet owned or operated;

• Review of your conduct based on critical events on record. Theseevents are fatal accidents, as well as offences and mechanicaldefects that could have a major impact on road safety and protecting the road network;

• Review of your conduct based on the number of failures followingfacility audits by Contrôle routier Québec. A facility audit can result in a pass or a failure.

In accordance with the terms and conditions of the HVOO ConductReview Policy, the SAAQ can intervene as of January 1, 2011 withany person required to register in the HVOO register whose conductis considered at-risk. The SAAQ will send you a letter if the numberor nature of the events entered on your record demonstrates a riskwith respect to road safety or protection of the road network.

If your conduct continues to deteriorate, the SAAQ will notify youthat your record willl be referred to the Commission for analysisand application of measures, if applicable.

INTERVENTIONS BY THE SAAQ REGARDING YOUR CONDUCT

The SAAQ also keeps a record for heavy vehicle drivers who holda Québec driver’s licence. Offences, accidents and “driver” out-of-service orders while driving a “heavy vehicle” are also entered ontheir records.

Heavy vehicle drivers can consult their record at any time. Any person may also consult the records of heavy vehicle drivers whoseservices they use under the following conditions:

• Complete the form Authorization for the Disclosure of a DrivingRecord by the Société de l'assurance automobile du Québec;

• Obtain the signed authorization from each of the drivers in question;

• Send the duly completed form to the SAAQ.

A CONDUCT RECORD FOR ALL HEAVY VEHICLE DRIVERS

Read the following documents under the “Heavy Vehicles” headingon the SAAQ Web site (www.saaq.gouv.qc.ca) :

The form:

is available under the “E-forms” heading.

IF YOU WANT MORE INFORMATION

Heavy Vehicle Driver Conduct Review Policy and Excellence Program.

Authorization for the Disclosure of a Driving Record by the Société de l’assurance automobile du Québec

Obligations of Heavy Vehicle Users;

Conduct Review Policyfor Heavy Vehicle Owners and Operators;

You can also contact the Service aux propriétaires, exploitants etconducteurs de véhicules lourds at the SAAQ by telephone at thefollowing toll-free number: 1 800 554-4814.

Do you want to find out how to register with the heavy vehicle owners and operators register or find out more aboutinterventions by the Commission des transports du Québec?Go to the Commission des transports du Québec Web site(www.ctq.gouv.qc.ca) and read:

• The information under the heading “Owners and operators ofheavy vehicles”;

• The document entitled What to do when you are summoned before the Commission des transports du Québec

To find out more about the amendments to the definition6 of a“heavy vehicle”, go to the Web site of the Ministère des Transportsdu Québec (www.mtq.gouv.qc.ca), under the headings Entreprises> Camionnage > Nouvelle définition de véhicule lourd.

You can also call the following numbers:

• 511 (in Québec)

• 1 888 355-0511 (elsewhere in North America)

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6 Definition available in French only.