{"id":9265,"date":"2019-12-27T04:17:55","date_gmt":"2019-12-27T04:17:55","guid":{"rendered":"https:\/\/legallogik.com\/?p=9151"},"modified":"2019-12-27T04:17:55","modified_gmt":"2019-12-27T04:17:55","slug":"11-months-as-a-motorcycle-apprentice-in-quebec-ending-the-confusion","status":"publish","type":"post","link":"https:\/\/legallogik.com\/small-claims\/11-months-as-a-motorcycle-apprentice-in-quebec-ending-the-confusion\/","title":{"rendered":"11 Months as a Motorcycle Apprentice in Quebec: Ending the Confusion"},"content":{"rendered":"<div class=\"wpb-content-wrapper\"><p>[vc_row][vc_column][vc_column_text]Finally! You have just successfully completed your practical exam on the Soci\u00e9t\u00e9 de l\u2019assurance automobile du Qu\u00e9bec\u2019s (SAAQ) closed circuit and obtained your class 6A apprentice driver\u2019s license! You can now ride the wind on Quebec\u2019s public roads!<br \/>\nBut before you can pass your practical on-road exam, obtain your full license and ride on your own with the big kids, you\u2019ve got to be accompanied while riding for at least 11 months.<br \/>\nAnd while this might seem simple, confusion abounds among motorcyclists as to what you can and cannot do, both as an apprentice and as an accompanying rider. So, to help you out, here are explanations from a lawyer and and an apprentice biker!<\/p>\n<h4>Demystifying the Law<\/h4>\n<p>In Quebec, it\u2019s the Code de la s\u00e9curit\u00e9 routi\u00e8re (CSR) that sets forth the applicable rules motorcyclists must follow at each step, from their first theoretical exam all the way to their final practical exam on the road.<br \/>\nMore specifically, article 100 of the CSR states that:<\/p>\n<ul>\n<li>The apprentice must be accompanied at all times when he or she rides on public roads.<\/li>\n<li>The apprentice cannot transport a passenger.<\/li>\n<li>The accompanying rider must have had his or her full class 6A license for at least two years.<\/li>\n<li>The accompanying rider must be able to provide help and assistance to the apprentice.<\/li>\n<\/ul>\n<p>In the event of an infraction, an apprentice could be fined from $200 to $300 and lose 4 demerit points (section 140.1 CSR). That will likely also come with an increase in the price of his or her insurance premiums and the cost of his or her registration with the SAAQ.<br \/>\nAn accompanying rider who fails to comply with the provisions of the Act can be held liable and fined from $30 to $60 (section 137.1 CSR). And for those who thought they could pass under the radar with ease, be advised that with the arrival of plate readers on police vehicles, the police can spot an apprentice from miles away.<\/p>\n<h4>What the SAAQ Court Says<\/h4>\n<p>While the SAAQ is quite firm on its recommendation of a one-to-one ratio, that is, one accompanying rider who guides a single apprentice, section 100 of the CSR does not address this issue, nor have the courts done so to date. What seems obvious however, is that an accompanying rider is not \u201cin a position to provide assistance and advice\u201d to an apprentice if he is accompanying, for example, four apprentices without any experience all at once.<br \/>\nThere are a number of court decisions that can guide us further regarding the role of the accompanying rider. A number of decisions indicate that the accompanying rider must be in the vicinity of the apprentice rider, and behind him or her to be able to observe and guide. For example, in one case, an apprentice motorcyclist was punished because his accompanying rider was too far ahead of him. Another decision, however, moderated this interpretation by stating that it is not necessary for the accompanying rider to be behind the apprentice at all times to comply with the law.<br \/>\nThe debate has begun, but in my opinion, obliging the accompanying rider to ride behind the apprentice doesn\u2019t make sense. Every motorcyclist knows that having the accompanying rider in front means the apprentice, who\u2019s already focused enough on the essentials of riding, doesn\u2019t have to worry about which direction to take, allowing the accompanying rider to inform him or her in advance of lane changes, sudden turns, or times when it\u2019s necessary to slow down, and so on.<\/p>\n<h4>The Abolition of Article 100 CSR: Coming Soon?<\/h4>\n<p>For some time now, there\u2019s been uproar among bikers regarding the need to have an accompanying rider for the 11-month period. Officials has taken notice and there seems to be an openness on the part of the SAAQ and the government in power to abolish this rule in favour of a more moderate solution, as in Ontario, where an apprentice may travel alone by day.<br \/>\nI share this point of view completely. The obligation of accompaniment for an apprentice biker doesn\u2019t make sense as it prevents the apprentice from being able to rely on his own skills and abilities during the learning curve to deal with emergencies. It\u2019s a bit like a driving instructor in a car taking the driver\u2019s seat and the student becoming the passenger.<br \/>\nIf you want to know more about this, learn more about your rights as a biker, or to contest a ticket, feel free to reach out![\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>[vc_row][vc_column][vc_column_text]Finally! You have just successfully completed your practical exam on the Soci\u00e9t\u00e9 de l\u2019assurance automobile&#8230;<\/p>\n","protected":false},"author":1,"featured_media":9287,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[18],"_links":{"self":[{"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/posts\/9265"}],"collection":[{"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/comments?post=9265"}],"version-history":[{"count":0,"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/posts\/9265\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/media\/9287"}],"wp:attachment":[{"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/media?parent=9265"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/categories?post=9265"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legallogik.com\/wp-json\/wp\/v2\/tags?post=9265"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}