Demerit. Points DRIVERS LICENCES

Transcription

1 Demerit Points DRIVERS LICENCES

2 Demerit Points DRIVERS LICENCES Demerit points are entered on your driving recd when you commit certain traffic offences. Even outside Québec When certain offences are committed in another province (Ontario) in an American state (Maine, New-Yk) with which Québec has a reciprocal agreement, the Société de l assurance automobile du Québec (SAAQ) is notified. The file is then processed as if the offence had occurred in Québec. How do they affect your insurance contribution? The amount of the insurance contribution included in your driver s licence fees depends on the number of demerit points entered on your driving recd during your reference period. This contribution funds the public automobile insurance plan administered by the SAAQ.

3 When are demerit points entered on your driving recd? Demerit points are entered on your driving recd once the SAAQ is notified, by a court of law, of your conviction following: payment of a fine a judgment rendered. How long do demerit points remain on recd? Two years Demerit points remain on your driving recd f two years following the date of conviction. Operating a vehicle during a penalty period You are committing an offence if you operate a mot vehicle while: your learner s licence your probationary licence your driver s licence your right to obtain a licence is suspended revoked f the accumulation of demerit points. On interception: the vehicle will be seized and impounded at your expense f 30 days. If the vehicle does not belong to you, the owner must be advised without delay; you are liable to a fine of $865 to $2,510*, in addition to court costs. * These amounts, subject to change, include the fine provided under the Highway Safety Code, registry fees, as well as a contribution to IVAC (Indemnisation des victimes d actes criminels). Please note that other fees may apply.

4 Probationary licence Once 4 demerit points me have been entered on your driving recd The SAAQ sends you a notice that your probationary licence will be suspended. This means that you will no longer have the right to operate a mot vehicle. If you do not hold a probationary licence and 4 demerit points me are entered on your recd: the SAAQ sends you a notice that your right to get a probationary licence will be suspended. This means you cannot get a probationary licence. How long is the penalty period? Three months. How do you get a new licence at the end of the penalty period? The SAAQ sends you a notice to go to one of its service centres to obtain a new probationary licence. NOTE These probationary licence-related measures also apply to holders of: a class 5 6A learner s licence; a licence f a moped a motized scooter (class 6D) a farm tract (class 8) who are under age 25; a class 6D licence (moped a motized scooter) f less than 5 years; a restricted licence issued following a probationary licence suspension. If you have never held a driver s licence and commit offences resulting in the entry of demerit points, the SAAQ will open a recd.

5 Driver s licence When 7 to 14 demerit points have been entered on your driving recd The SAAQ sends you a notification statement, and will do so every time additional demerit points are entered. When 15 me demerit points have been entered on your driving recd Your driver s licence is revoked This means you no longer have the right to drive. Your right to get a driver s licence a learner s licence is suspended This means you cannot get any type of licence. How long is the penalty period? First penalty 3 months Second penalty 6 months Third and any subsequent penalties 12 months How do you get a new driver s licence at the end of a penalty period? You must call the SAAQ to make an appointment with one of its service centres near the end of the penalty period. You must pass the knowledge test. You must meet other requirements in certain cases (f example, pass a road test). You must pay the test and licence fees.

6 Restricted licence A restricted licence allows you to operate a road vehicle solely f wk-related purposes. You could qualify if, following the entry of demerit points: your probationary licence is suspended; your driver s licence is revoked. You cannot qualify if: you hold a learner s licence; your driving recd indicates that another penalty is in effect, will soon be in effect; during the previous two years, following the entry of demerit points a driving-related offence under the Criminal Code: your probationary licence has been suspended; your driver s licence has been revoked; your right to get one has been suspended. To get a restricted licence, you must: file a motion befe a judge of the Court of Québec (in your local judicial district). The court clerk and staff may be of assistance in drafting the motion. Fees will apply; notify the SAAQ at least ten days befe the scheduled hearing date; prove to the judge that you need to drive in der to wk; ask that the judge issue an der allowing you to obtain a restricted licence; go to an SAAQ service centre with the court der. The SAAQ will issue the restricted licence on receipt of the der. In certain cases, the SAAQ may ask f a review of the judge s decision even suspend a restricted licence.

7 Which offences lead to the entry of demerit p OFFENCE NUMBER OF DEMERIT POINTS Driving at a speed too great f weather road conditions 2 Tailgating 2 Accelerating when being passed 2 Passing a bicycle too closely in a travel lane 2 Failure to yield to pedestrians and cyclists at an intersection 2 Failure to yield to oncoming traffic 2 Sudden braking without cause 2 Failure to stop befe turning right at a red traffic light (where permitted) 3 Failure to wear a seat belt 3 Failure to wear a helmet (motcycles, mopeds & motized scooters) 3 Prohibited passing on the right 3 Prohibited passing on the left 3 Prohibited driving in reverse 3 Failure to obey the der signal of a peace officer, school crossing guard flag person 3 Failure to obey a red traffic light stop sign 3 Failure to come to a mandaty stop at a level crossing 3 Prohibited crossing of a line marking off lanes 3 Driving while using a hand-held device that includes a telephone function 3 Zigzagging to pass 4 Prohibited passing in a lane reserved f oncoming traffic 4 Speeding reckless driving 4 Driving f a wager stake in a race 6 Failure to stop when approaching a school bus minibus with its flashing lights in operation, prohibited passing meeting of such a vehicle 9 Prohibited use of a tunnel by a vehicle carrying dangerous substances 9 Failure of a driver involved in an accident to do his her duty 9

8 oints? OFFENCE NUMBER OF DEMERIT POINTS Failure to stop at a level crossing when driving a bus, a minibus a road vehicle carrying certain dangerous substances 9 Driving without an accompanying rider (learner s licence holder) 4 Driving with the presence of alcohol in the body * 4 Failure to provide a breath sample * 4 * F holders of a learner s licence, a probationary licence a driver s licence with an alcohol ignition interlock requirement. Demerit Points f Excessive Speeding OFFENCES DEMERIT POINTS EXCEEDING THE Zone of 60 km/h to 100 km/h SPEED LIMIT 60 km/h 90 km/h zone less zone Travelling over the statuty speed limit posted speed limit by 11 to 20 km/h by 21 to 30 km/h by 31 to 45 km/h 31 to 39 km/h to 45 km/h by 46 to 60 km/h 46 to 49 km/h to 59 km/h km/h by 61 to 80 km/h by 81 to 100 km/h by 101 to 120 km/h by 121 km/h over 30 me 30 me 30 me EXCESSIVE SPEEDING

9 What is excessive speeding? You are committing an excessive speeding offence if you exceed the speed limit: by 40 km/h over in a zone where the speed limit is 60 km/h less; by 50 km/h over in a zone where the speed limit is over 60 km/h but not over 90 km/h; by 60 km/h over in a zone where the speed limit is 100 km/h. What penalties apply immediately if you are pulled over f excessive speeding? Depending on the number of convictions on recd at the SAAQ f offences committed since April 1, 2008 and the speed limit zone where the offence was committed, you could: have your driver s licence immediately suspended f 7, days; have the vehicle you are driving be immediately seized and impounded f 30 days. What penalties apply if you are convicted of an excessive speeding offence? The number of demerit points is doubled as illustrated in the Demerit Points f Excessive Speeding table. The amount of the fine is doubled tripled, depending on the number of excessive speeding offence convictions entered on your driving recd. Ten Years Even though demerit points will no longer appear on your recd after two years, an excessive speeding offence will remain on your recd f 10 years. This means that if you are pulled over f other excessive speeding offences during that period, you could face even harsher penalties.

10 F me infmation Telephone: in Montréal: in Québec (city and vicinity): from elsewhere in Québec, Canada and USA, toll free: TDD/TTY in Montréal: from elsewhere in Québec: write to: SERVICE DE LA GESTION DES SANCTIONS DES CONDUCTEURS Société de l assurance automobile du Québec P.O. Box Québec (Québec) G1K 8J5 This folder is not a text of law. F any reference of a legal nature, please consult the Highway Safety Code and attendant regulations. Version française disponible sur demande. C-4793-A (10-03)