Stein Monast informs you...

Laws and rules

Reminder of your rights and obligations in a chartered transport

Me Sarah Routhier • Me Pierre-Olivier Ménard Dumas

Some weeks have already passed since the end of the classes and the beginning of the summer period. And who says summer, says charter transport! It is therefore a good time to review its main rights and obligations under the Bus Transportation Regulations ("Regulations") as a carrier or bus driver for this type of movement.

First, the Regulations require the holder of the charter transportation license to ensure that the driver has a copy of the contract for that trip during each of these trips. The content of this contract is also provided for in section 52 of the Regulations. It must contain the following information:

1 ° name and address of the permit holder;
(2) number of its permit issued by the Commission des transports du Québec ("Commission");
3 ° name and address of the client;
4th category of the bus;
5 ° date and duration of the trip;
6 ° point of departure and destination;
7 ° number of passengers to pick at each location;
8 ° number of kilometers to be covered;
9 ° price of the trip.

It should be noted that Article 35 states that the mention of the price of the journey may be deleted from the copy to be placed in the vehicle. Unfortunately, it is not uncommon for an offense to be issued because of an incomplete contract. We must be careful to try to avoid it with information, all in all, easy to recover for a carrier.

With respect to passengers, under section 44 of the Regulations, 75% of passengers must be picked up at the places indicated on the permit. For the remaining 25%, they can board other places.

As well, the Regulations provide an interesting right for charter license holders. In addition to the services that they are authorized to give in accordance with their license, they may make transportation movements from the Pierre Elliott Trudeau International Airport, specifically, to a location indicated on the permits or to any other location. other place where at least one of the sleeping arrangements is made at a place specified in the permit, and the Board does not issue a specific certificate for that purpose. This right is provided solely and exclusively for Montréal-Pierre Elliott Trudeau International Airport.

In conclusion, it should be recalled that a chartered transport permit allows trips for the exclusive carriage of groups of persons, provided that the service in question is not so repetitive as to constitute a transport service by buses of another category, such as transport by subscription or airport, for example.