Policy on the Assessment of the Behaviour of Owners and Operators of Heavy Vehicles

Policy on the Assessment of Owners and Operators of Heavy Vehicles

All owners, operators and drivers of heavy vehicles are subject to this policy.

The policy takes into account various events, including events for which a statement of offence has been served, accidents, out-of-service orders, mechanical defects and inspections at business premises. The primary objective of this
policy is the safety of public road users.

The Société de l’assurance automobile du Québec keeps a behaviour record on
every PEVL required to be registered in the register of the Commission des transports du
Québec. Where a person is both an owner and an operator, the behaviour
record details all events relating to the responsibilities of
both categories.

The following mechanisms are provided for assessing PEVLs:
* Ongoing assessment of on-road behaviour
* Assessment of behaviour through inspections at business premises

The assessment of on-road behaviour is largely tied to road
safety. A specific weighting is assigned to each event according to its seriousness. For example, the service of a statement of offence for failing to stop at a stop sign (s. 368 CSR) results in 5 points on the PEVL’s behaviour record. An accident involving injuries without ambulance transport results in 2 PEVL points.

Certain exceptions may nevertheless apply, as in the case
of a fatal accident. No weighting is provided in this situation, which
results in the immediate referral of the file to the Commission des transports du Québec.

Points associated with events remain on the PEVL’s record for a
period of two years. However, offences relating to driving a heavy vehicle while impaired by alcohol or drugs are taken into account in the behaviour assessment for a period of 10 years.

Reaching or exceeding the point threshold that must not be reached will inevitably result in the file being referred to the Commission des transports du Québec.

A hearing will then be held, and the Commission may take certain measures ranging from imposing conditions to prohibiting the operation and putting into circulation of a heavy vehicle. The Commission may also change a PEVL’s safety rating, which may move from “satisfactory” to “conditional” and, in the worst case, to “unsatisfactory.” Changes to a PEVL’s safety rating may have repercussions on its insurance premium.

The assessment of a PEVL’s behaviour is also carried out during inspections at
business premises. These inspections are conducted by Contrôle routier Québec. Offences under the Code de la sécurité routière are considered in the assessment of the
operator’s and owner’s behaviour during inspections at business premises. A weighting is assigned to the offences noted during these inspections, in the same way as offences committed on the road network.

It is therefore essential that a PEVL know the responsibilities that fall to it. The
deficiencies generally noted during an inspection at business premises
relate to daily logs, the circle check (pre-trip inspection), the simplified record of driving and rest hours, the keeping of driver and heavy vehicle files, as well as the maintenance of heavy vehicles.

Unfortunately, many PEVLs are unaware of their responsibilities, which results in the service of statements of offence and increases the risk of their file being referred to the Commission des transports du Québec.

The PEVL assessment policy can be complex, and each case is unique, which means it deserves particular attention. We believe that a PEVL should address the problem at the source, that is, when a statement of offence is served. This makes it possible to quickly establish a personalized strategy so that the PEVL can maintain an adequate behaviour record.

Our lawyers can assist you, both in contesting statements of offence and at a hearing before the Commission des transports du Québec.
Our aim is to allow you to continue your PEVL activities with complete peace of mind and with respect for public road users.

Do not hesitate to contact us for any information; we would be pleased to discuss with you to determine the solution that best suits you.

See the new policies:

Policy on the Assessment of the Behaviour of Owners and Operators of Heavy Vehicles (PDF, 7.2 MB)

Policy on the Assessment of the Behaviour of Heavy Vehicle Drivers (PDF, 3.4 MB)

See also

• Option 3 (4 points or more, or CVL – PEVL – CVOR)
• Truck Drivers Ticket