Demerit Points Heavy Vehicle (HVOO)

TABLE OF OFFENCES WITH THEIR WEIGHTING

The following list indicates all of the sections of the Highway Safety Code (HSC) or the Criminal Code (CC) considered in assessing the conduct of HVOOs. They are grouped together according to who is responsible (the operator or the owner) and the seriousness of the associated offence (the number of points assigned).

Be vigilant and avoid being double penalized!
Did you know that the same infraction can result in demerit points and PEVL and CVL points being recorded.
EX: A ticket for illegal use of a cell phone or portable device referred to in article 443.1 of the CSR automatically results in the registration of 5 demerit points on your personal driving record and 3 PEVL points and 5 CVL points to your file related to heavy vehicles.

For a more detailed explanation of each offence, refer to the section in the actual text of law.

1. Offences considered in assessing an operator’s conduct

HIGHWAY SAFETY CODE

OFFENCES WITH A WEIGHTING OF 1 POINT (LOW GRAVITY)
Articles
Description
228
Using a rotating or flashing amber light where the special permit is no longer required
228.1
Using improperly the signs or signals required for a special permit
281
Using improperly or illegally a white headlight at the rear of a vehicle or a green rotating light
281.1
Driving a road vehicle whose windshield and windows are not clear of all substances which might hinder the driver’s ability to see
292.0.1
Driving a slow vehicle in a lane other than the lane designated by the person in charge of highway maintenance
299
Speeding in a municipality (11 to 20 km/h over the speed limit)
303.2
Driving at a speed over the indicated speed limit in a road construction or maintenance zone (11 to 20 km/h over the speed limit)
328, 329
Driving at a speed over the prescribed or indicated speed limit (11 to 20 km/h over the speed limit)
366
Entering an intersection equipped with traffic lights where there is not enough space to cross without blocking the intersection
377
Using flashing emergency lights for reasons other than safety
379
Using rotating or flashing amber lights where not necessary
381
Leaving a road vehicle unattended without removing the ignition key and locking the doors
382 to 387
Stopping a heavy vehicle in a way that is unsafe, improper or illegal
415
Entering or leaving a limited access highway otherwise than at the proper entrances or exits
425
Failing to dim vehicle headlights
436
Braking suddenly without reason
439
Driving a heavy vehicle in which a television set or a display screen is placed in such a way that the image displayed is directly or indirectly visible to the driver
440
Using headphones or earphones while driving
442
Having a passenger, an animal or an object placed in such a way as to obstruct the driver’s view or interfere with the proper handling of the vehicle
458
Misusing the flashing red lights or compulsory stop signal on a school bus
459
Using the flashing red lights or compulsory stop signal on a school bus when it is not carrying school children
463
  • Exceeding by 4% to less than 8% the maximum total loaded mass allowed on a public highway
  • Exceeding by less than 4% the maximum total loaded mass allowed on a bridge or an overpass
  • Exceeding by 10% to less than 15% the axle load limit allowed on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.1 m to less than 0.2 m
  • Exceeding the width limit by 0.2 m to less than 0.4 m
  • Exceeding the length limit by 1 m to less than 2 m
471 subpar. 4
Driving a vehicle carrying a load that is not placed, secured or covered in accordance with regulatory standards (according to the amount of the fine)
513
  • Exceeding by 4% to less than 8% the maximum total loaded mass indicated on the special travel permit on a public highway
  • Exceeding by less than 4% the maximum total loaded mass indicated on the special travel permit on a bridge or an overpass
  • Exceeding by 10% to less than 15% the axle load limit indicated on the special travel permit on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.1 m to less than 0.2 m
  • Exceeding the width limit by 0.2 m to less than 0.4 m
  • Exceeding the length limit by 1 m to less than 2 m
  • Exceeding the overhang limit by 0.5 m to less than 1 m
646
Violating any of the standards under the Transportation of Dangerous Substances Regulation (according to the amount of the fine)

OFFENCES WITH A WEIGHTING OF 2 POINTS (MEDIUM GRAVITY)

Articles
Description
107
Failing to return one’s licence, when requested to do so by the SAAQ, on the date that the revocation or suspension of the licence takes effect or on any later date fixed by the SAAQ
274
Failing to use a warning sign on a slow moving vehicle
291, 3rd par.
Driving an outsized or overloaded vehicle on a public highway where prohibited by signs or signals
293
Driving a vehicle where prohibited by signs or signals (special events, sports events)
299
Speeding in a municipality (21 to 30 km/h over the speed limit)
303.2
Driving at a speed over the indicated speed limit in a road construction or maintenance zone (21 to 30 km/h over the speed limit)
310
Failing to obey traffic signs or signals
312
Driving on private property to avoid a traffic sign or signal
320 to 324
Using traffic lanes improperly
325
Failing to use the right-hand lane when travelling at less than the normal speed of traffic
326
Crossing the median strip or other separation anywhere other than at the places provided for that purpose
328, 329
Driving at a speed over the prescribed or indicated speed limit (21 to 30 km/h over the speed limit)
330
Failing to reduce vehicle speed where conditions so require (darkness, fog, rain or other precipitation, or when the roadway is slippery or obstructed)
331
Failing to use emergency lights while driving at a low speed that impedes normal traffic
335, 336
Tailgating
340
Speeding up while being passed
341
Passing a bicycle in an unsafe manner
349, 350
Failing to yield the right of way
351 to 358
Making an unsafe or illegal turn
372 to 376
Failing to properly signal one’s intention (to change direction, make a turn, etc.)
395
Driving a vehicle in which the seat belt has been removed, modi ed or rendered ino- perative
418
Driving on the shoulder of a public highway
423
Driving a road vehicle equipped with white lights projecting a light beam toward the rear
424
Driving without turning on the headlights where conditions require them to be turned on
426
Carrying more passengers than there are seats
432
Failing to stop a bus or minibus in the zones provided for that purpose, or on the far right-hand side of the roadway, when taking on or discharging passengers
437.1
Pulling a trailer or semitrailer without using an adequate coupling device (lights, braking system, chains, cables, etc.)
437.2
Pulling a combination of road vehicles unless it is at the request of a peace of cer or for reasons of safety
455
Carrying passengers who are not seated (a school bus while in motion)
463
  • Exceeding by 4% to less than 8% the maximum total loaded mass allowed on a public highway
  • Exceeding by less than 4% the maximum total loaded mass allowed on a bridge or an overpass
  • Exceeding by 10% to less than 15% the axle load limit allowed on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.1 m to less than 0.2 m
  • Exceeding the width limit by 0.2 m to less than 0.4 m
  • Exceeding the length limit by 1 m to less than 2 m
471 subpar. 2
Carrying a load that reduces the driver’s eld of vision or blocks the vehicle’s lights
471 subpar. 4
Carrying a load that is not placed, secured or covered in accordance with regulatory standards (according to the amount of the ne)
498
Allowing snow, ice or any other substances to fall from a vehicle while it is in motion
513
  • Exceeding by 4% to less than 8% the maximum total loaded mass indicated on the special travel permit on a public highway
  • Exceeding by less than 4% the maximum total loaded mass indicated on the special travel permit on a bridge or an overpass
  • Exceeding by 10% to less than 15% the axle load limit indicated on the special travel permit on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.1 m to less than 0.2 m
  • Exceeding the width limit by 0.2 m to less than 0.4 m
  • Exceeding the length limit by 1 m to less than 2 m
  • Exceeding the overhang limit by 0.5 m to less than 1 m
519.3
Failing to keep the pre-trip inspection report updated
519.5
Neglecting or refusing to report a minor defect
519.8
Failing to distribute and secure freight, express and baggage hauled by a bus or minibus in compliance with the Code
519.15.3
Driving with a speed limiter that has not been activated, is not set at a maximum speed of 105 km/h,31 is in poor working condition or does not allow the programming data to be read
519.16, 2nd par.
Failing to keep the inspection report on board the vehicle or failing to record information in the report
519.19
Allowing the operation of a bus or minibus on which the freight, express and baggage are not distributed and secured in compliance with the Code
646
Violating any of the standards set forth in the Transportation of Dangerous Substances Regulation (according to the amount of the fine)

OFFENCES WITH A WEIGHTING OF 3 POINTS

Articles
Description
65
Driving a vehicle without holding a licence of the proper class or without having the prescribed endorsements
94
Holding more than one learner’s licence, more than one probationary licence or more than one driver’s licence of the same class
96
Allowing another person to drive using one’s own driver’s licence, or driving using another person’s licence
98
Failing to comply with the conditions attached to a driver’s licence
99
  • Driving a vehicle while holding a learner’s licence without being assisted by a person holding the proper licence
  • Driving a vehicle while holding a learner’s licence and being assisted by a person who does not hold the proper licence
102
Refusing to surrender one’s driver’s licence to a peace officer Driving a road vehicle while being under penalty
105
Driving a road vehicle while being under penalty
106
Allowing a person to drive who does not hold a licence of the appropriate class or whose licence is cancelled or suspended
146
Using a false document that could be mistaken for a licence
168
Failing to discharge the various obligations required of a driver involved in an accident
169
Failing to call for a peace officer when involved in an accident causing bodily injury
170
Failing, as a driver involved in an accident, to provide the information required
171
Failing to notify a peace officer in case of an accident, in certain circumstances
238
Failing to clean the headlights, lights and re ectors when ordered to do so by a peace officer
251
Installing or introducing a radar warning device in a vehicle, or any object that interferes with the functioning of a photo radar device or a red light camera system
267
Failing to clean the windshield and windows when ordered to do so by a peace officer
292
Failing to check the brakes where a sign or signal requires a mandatory stop at a brake veri cation area
292.1
Driving on a highway where signs or signals prohibit overloaded vehicles not equipped with a braking system prescribed by regulation
293.1, 3rd par.
Driving on a highway where prohibited by signs or signals for reasons of safety
299
Speeding in a municipality (31 to 40 km/h over the speed limit)
303.2
Driving at a speed over the indicated speed limit in a road construction or maintenance zone (31 to 40 km/h over the speed limit)
311
Failing to obey orders or signals given by a person in authority (school crossing guard, ag person or peace officer)
326.1
Crossing a solid line marking off lanes, where prohibited Driving carelessly or at an unsafe speed
327
Driving carelessly or at an unsafe speed
328, 329
Driving at a speed over the prescribed or indicated speed limit (31 to 40 km/h over the speed limit)
333
Driving a vehicle equipped with a radar warning device, or any object that interferes with the functioning of a radar device or a red light camera system
339
Carrying out an improper passing manoeuvre
342, 345 to 348
Carrying out an unsafe passing manoeuvre
359
Failing to obey a red light
359.1
Turning right at a red light where prohibited by a sign or signal or, if permitted by a sign or signal, turning right without rst stopping
360
Failing to obey a ashing red light
361
Failing to stop at an intersection with an amber light
362
Failing to reduce speed or to yield the right of way at a ashing amber light
363, 364
Failing to yield the right of way at a green light or green arrow
365
Driving in a lane other than the lane indicated by a green arrow pointing downwards
367
Failing to stop at a traf c light that is defective or not in operation
368 to 370
Failing to obey a stop sign
371
Failing to yield the right of way to vehicles already travelling in a lane one is about to enter
396
Wearing an improperly fastened seat belt in a moving vehicle Failing to yield the right of way
402 to 405
Failing to yield the right of way
406
Failing to yield the right of way to an emergency vehicle with its lights or sound producing device in operation
406.1
Failing to reduce speed or change lanes when an emergency vehicle or tow truck with its ashing or rotating lights activated, or a road vehicle with an activated yellow arrow light signal, are stopped on a public highway
407 to 410
Failing to yield the right of way
411
Failing to stop one’s vehicle at least 5 m from a railway
412
Entering a level crossing without sufficient space
413
Failing to stop at a level crossing when driving a bus, a minibus or a heavy vehicle transporting dangerous substances requiring the display of safety marks
416
Backing up where prohibited on a limited access highway
417
Backing up where such a manoeuvre is dangerous or obstructs traf c
421
Driving a vehicle to which a restrictive or prohibitive measure applies
422
Driving in a race or for a wager or stake
433
Tolerating that a person ride on the running board or on any outer part of a vehicle in motion, or in the box or dump body of a vehicle in motion
434
Tolerating that a person hang on to, or be pulled or pushed by, a moving road vehicle
437
Pulling another vehicle whose wheels remain on the ground, but without using a bar to solidly secure the vehicle
439.1
Using a hand-held device that includes a telephone function while driving
456
Failing to use the ashing red lights or compulsory stop signal when stopping to take on or discharge passengers (bus or minibus used to carry school children)
457
Failing to use the ashing red lights or compulsory stop signal (bus or minibus used to carry school children stopped in single lane)
460
Failing to stop one’s vehicle at a distance of more than 5 metres from a bus or minibus used to carry school children with its ashing red lights turned on or its compulsory stop signal activated
463
  • Exceeding by 4% to less than 8% the maximum total loaded mass allowed on a public highway
  • Exceeding by less than 4% the maximum total loaded mass allowed on a bridge or an overpass
  • Exceeding by 10% to less than 15% the axle load limit allowed on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.1 m to less than 0.2 m
  • Exceeding the width limit by 0.2 m to less than 0.4 m
  • Exceeding the length limit by 1 m to less than 2 m
464
Driving an outsized vehicle without carrying a special permit
470.1
Failing to drive one’s vehicle to an inspection station and to facilitate inspection of the vehicle when ordered to do so by a peace officer or when required by a sign or signal
471, subpars. 1 and 3
Carrying a load that shifts around on the vehicle or falls from the vehicle, or interferes with its stability or handling
471 subpar. 4
Carrying a load that is not placed, secured or covered in accordance with regulatory standards (according to the amount of the ne)
472, 2nd par.
Failing to drive a vehicle with a load presenting a hazard to a suitable place when ordered to do so by a peace officer
473.1
Driving an outsized vehicle without carrying a special permit
474
Driving a road vehicle or combination of road vehicles without a warning device indicating that the load or equipment extends beyond the rear of the road vehicle or combination of road vehicles by more than one metre
513
  • Exceeding by 4% to less than 8% the maximum total loaded mass indicated on the special travel permit on a public highway
  • Exceeding by less than 4% the maximum total loaded mass indicated on the special travel permit on a bridge or an overpass
  • Exceeding by 10% to less than 15% the axle load limit indicated on the special travel permit on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.1 m to less than 0.2 m
  • Exceeding the width limit by 0.2 m to less than 0.4 m
  • Exceeding the length limit by 1 m to less than 2 m
  • Exceeding the overhang limit by 0.5 m to less than 1 m
519.2
Failing to conduct the pre-trip inspection or to record observations in the pre-trip inspection report
519.3
Failing, as the driver, to complete the pre-trip inspection report for a heavy vehicle
519.4
Failing to keep a pre-trip inspection report (report missing), refusing to surrender the report or possessing more than one report
519.5
Failing to report a major mechanical defect
519.6
Driving a heavy vehicle with a major mechanical defect discovered during a pre-trip inspection
519.7
Failing to inform the persons concerned that one’s licence is not valid
519.8.1
Failing to obey a prohibition from driving, particularly in the case of a driver:
  • whose ability to drive is impaired
  • who is subject to an out-of-service order
  • who fails to comply with the standards respecting hours of driving and rest or the conditions attached to a permit
519.10
  • Failing to keep the daily logs or to record the required information in them
  • Possessing more than one log for each day • Failing to keep the daily logs on board the vehicle
  • Entering inaccurate information
  • Failing to surrender the daily logs to an inspector or a peace officer
519.11
Failing to surrender the leasing contract or service contract to a peace officer
519.15
Failing to ensure that the pre-trip inspection has been performed
519.16, 1st par.
Failing to place only one pre-trip inspection report on board a heavy vehicle
519.16, 3rd par.
Failing to inform the owner of any mechanical defects and to forward the report to the owner
519.20
Failing to keep the records, reports, les and other documents prescribed
519.21.1
  • Requesting, requiring or allowing a driver to drive:
  • if the driver’s ability to drive is impaired
  • if driving jeopardizes the safety or health of the public, the driver or the employees of the operator
  • if the driver is subject to an out-of-service order
  • if the driver fails to comply with section 519.9 (hours of driving and rest) and 519.10 (daily logs) of the Highway Safety Code
519.21.2
Failing to ensure that a driver complies with certain provisions of the Highway Safety Code respecting hours of driving and rest and daily logs
519.21.3
Failing to require a driver to maintain a daily log
519.25
Failing to le the daily logs and supporting documents at the place determined and in accordance with the standards prescribed by regulation
519.27
Failing to ensure that a driver drive the vehicle to an inspection station when required
519.28
Failing to drive one’s heavy vehicle to an appropriate place (dangerous substances)
519.42
Failing to intervene to prevent a driver with an invalid licence from driving
519.52, 3rd par.
Operating, or failing to intervene to prevent a driver from operating, a vehicle whose braking system has been modified in such a way as to reduce its effectiveness
519.70, 2nd par.
Failing to comply with a carrier enforcement officer’s order while having a road vehicle in one’s care, possession or control
519.71
Failing to surrender books, registers, accounts, records or other documents to the person responsible for inspecting them or failing to cooperate so as to facilitate such an inspection
636
Failing to stop one’s vehicle when ordered to do so by a peace officer
638.1
Hindering a peace officer in the performance of the officer’s duties, namely:
  • misleading a peace officer by concealment or false statements
  • refusing to provide a peace officer with any information or document the officer is entitled to demand or examine
  • concealing or destroying any document or property relevant to an inspection
646
Violating any of the standards set forth in the Transportation of Dangerous Substances Regulation (according to the amount of the fine)

OFFENCES WITH A WEIGHTING OF 4 POINTS

Articles
Description
463
  • Exceeding by 12% to less than 16% the maximum total loaded mass allowed on a public highway
  • Exceeding by 8% to less than 16% the maximum total loaded mass allowed on a bridge or an overpass
  • Exceeding by 18% to less than 20% the axle load limit allowed on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.3 m to less than 0.4 m
  • Exceeding the width limit by 0.6 m to less than 0.8 m
  • Exceeding the length limit by 3 m to less than 4 m
513
  • Exceeding by 12% to less than 16% the maximum total loaded mass indicated on the special travel permit on a public highway
  • Exceeding by 8% to less than 16% the maximum total loaded mass indicated on the special travel permit on a bridge or an overpass
  • Exceeding by 5% to less than 10% the maximum total loaded mass indicated on the Minister’s permit on a public highway, a bridge or an overpass
  • Exceeding by less than 5% the maximum total loaded mass indicated on the Class 5 or 6 special permit on a public highway, a bridge or an overpass
  • Exceeding by 10% to less than 20% the axle load limit indicated on the special travel permit on a public highway, a bridge or an overpass
  • Exceeding by 10% to less than 15% the axle load limit indicated on the Minister’s permit or the Class 5 or 6 special permit on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.3 m to less than 0.4 m
  • Exceeding the width limit by 0.6 m to less than 0.8 m
  • Exceeding the length limit by 3 m to less than 4 m
  • Exceeding the overhang limit by 1.5 m to less than 2 m

OFFENCES WITH A WEIGHTING OF 5 POINTS

Articles
Description
291, 3rd par.
Exceeding by less than 20,000 kg the maximum total loaded mass allowed on a bridge or an overpass with load restrictions
463
  • Exceeding by 16% to less than 20% the maximum total loaded mass allowed on a public highway, a bridge or an overpass
  • Exceeding by 20% or more the axle load limit allowed on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.4 m to less than 0.5 m
  • Exceeding the width limit by 0.8 m to less than 1 m
  • Exceeding the length limit by 4 m to less than 5 m
468, 2nd par.
Refusing to drive an outsized vehicle to a suitable place when ordered to do so by a peace of officer
473
Driving with an outsized load or equipment without having a special travel permit for that purpose
513
  • Exceeding by 16% to less than 20% the maximum total loaded mass indicated on the special travel permit on a public highway
  • Exceeding by 16% to less than 20% the maximum total loaded mass indicated on the special travel permit on a bridge or an overpass
  • Exceeding by 10% to less than 15% the maximum total loaded mass indicated on the Minister’s permit on a public highway, a bridge or an overpass
  • Exceeding by 5% to less than 10% the maximum total loaded mass indicated on the Class 5 or 6 special permit on a public highway, a bridge or an overpass
  • Exceeding by 20% or more the axle load limit indicated on the special travel permit on a public highway, a bridge or an overpass
  • Exceeding by 15% or more the axle load limit indicated on the Minister’s permit or the Class 5 or 6 special permit on a public highway, a bridge or an overpass
  • Exceeding the height limit by 0.4 m to less than 0.5 m
  • Exceeding the width limit by 0.8 m to less than 1 m
  • Exceeding the length limit by 4 m to less than 5 m
  • Exceeding the overhang limit by 2 m to less than 2.5 m
  • Failing to abide by the other conditions of the special travel permit (equipment, escort vehicle, traffic rules and regulations, etc.)

CRIMINAL CODE

OFFENCES WITH A WEIGHTING OF 5 POINTS

Articles
Description
220, 221
Criminal negligence (death or bodily harm)
236
Manslaughter
291(1)A
Dangerous operation of a vehicle
249(3 and 4)
Dangerous operation of a vehicle causing bodily harm or death
249.1
Failure to stop one’s vehicle when pursued by a peace of officer, without reasonable cause and in order to evade the officer
252(1)
Failure to stop one’s vehicle when involved in an accident
253
Impaired driving (alcohol, drugs or medications)
254(5)
Failure or refusal to provide a breath sample, blood sample or other type of sample, or to submit to a physical coordination test or an evaluation
255(2 and 3)
Impaired driving causing bodily harm or death

2. Offences considered in assessing an owner’s conduct

Among the offences attributed to the owner, only the statements of offence and general offence reports served during a facility audit are considered. Assessment of an owner’s on-road conduct is based exclusively on the number of mechanical inspections and “vehicle” out-of-service orders.

HIGHWAY SAFETY CODE

OFFENCES WITH A WEIGHTING OF 2 POINTS

Articles
Description
519.17
Failing to correct a minor mechanical defect reported to the owner
519.21
Failing to correct a minor mechanical defect after receiving a notice from the manufacturer
531, 2nd par.
Resuming operation of a vehicle with a minor mechanical defect

OFFENCES WITH A WEIGHTING OF 3 POINTS

Articles
Description
519.15
Failing to maintain one’s heavy vehicles in good mechanical order
519.17
Failing to prevent a vehicle with a major mechanical defect from being operated
519.18
Failing to obtain a copy of the pre-trip inspection report
519.20
Failing to keep the records, reports, les and other documents prescribed
519.21
Failing to comply with a notice of a (major) mechanical defect from the manufacturer
519.71
Failing to surrender books, registers, accounts, records or other documents to the person responsible for inspecting them or failing to cooperate so as to facilitate such an inspection
534
Resuming operation of a vehicle with a major mechanical defect
638.1
Hindering a peace officer in the performance of the of officer’s duties, namely:
  • misleading a peace of cer by concealment or false statements
  • refusing to provide a peace of cer with any information or document the of cer is entitled to demand or examine
  • concealing or destroying any document or property relevant to an inspection
 
 

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