In 2023, the Superior Court of Quebec issued a significant ruling—DPCP v. Société de transport de Québec—which sheds light on crucial questions regarding driver’s license requirements for mechanics and maintenance workers in heavy vehicle transport companies. This ruling clarifies the conditions under which a Class 5 license, typically used for passenger vehicles, can be used to move vehicles that normally require a higher-class license.
Moreover, this decision has important implications for training programs for drivers, mechanics, and maintenance staff who may need to operate certain types of heavy vehicles.
The case originated from the training program of the Réseau de transport de la Capitale (RTC), which included two days of driving on its network. Initially, candidates were required to hold an “apprentice Class 2” license to drive buses during training. However, RTC changed its criteria, allowing candidates to drive empty buses with a Class 5 license.
Following the issuance of violation notices, the Court of Quebec found both the driver and RTC guilty of an offense, stating that the driver did not hold the appropriate license.
Key Provisions of the License Regulation
Articles 30(3) and 30(4) of the License Regulation respectively allow a Class 5 license holder to drive a bus designed for more than 24 passengers or a truck that normally requires a Class 3 license solely for the purposes of repair or relocation, even though these vehicles typically require a higher-class license.
Decision of the Superior Court of Quebec
The Superior Court of Quebec (confirmed by the Quebec Court of Appeal) overturned the initial decision, emphasizing several key points:
Broad and Liberal Interpretation of the Regulation
The trial judge made a legal error by adding terms to Article 30 of the License Regulation, interpreting it too narrowly.
Duration and Purpose of the Relocation
The Court noted that the legislature did not restrict the duration or distance of the vehicle’s relocation. Whether for one or several kilometers, as long as the vehicle’s use does not violate the law, the relocation is permitted.
The Court also clarified that if the legislature had intended to specify the purpose and limits of the relocation distance, it would have done so explicitly.
Training Included in the Concept of “Relocation”
The Court determined that relocation for training purposes is not explicitly excluded by law. Therefore, a Class 5 license allows driving a bus (over 24 passengers) or a truck (Class 3) when the “relocation” is for driver training.
This publication was featured in Transport Magazine.
