Bill 2122 — Off-Road Vehicles Act (50th General Assembly, 1st Session)
Bill 2122
Newfoundland and Labrador — Bills
First
Session, 50th General Assembly
Elizabeth II, 2021
BILL 22
AN ACT RESPECTING
OFF-ROAD VEHICLES
Received
and Read the First Time ................................................................
Second
Reading ............................................................................................
Committee ..................................................................................
Amendment
Nov. 1, 2021
Third
Reading ...............................................................................................
Royal
Assent .................................................................................................
HONOURABLE SARAH
STOODLEY
Minister of Digital
Government and Service Newfoundland and Labrador
Ordered to be printed by
the Honourable House of Assembly
EXPLANATORY NOTES
This Bill would enact the Off-Road Vehicles Act and repeal the Motorized Snow Vehicles and All-Terrain
Vehicles Act .
The Bill would revise the law
respecting the operation of off-road vehicles in the province.
A BILL
AN ACT RESPECTING OFF-ROAD VEHICLES
Analysis
Short title
Definitions
Labrador Inuit rights
Exemption from Act and regulations
Registration of off-road vehicle
Vehicle to have identifying mark
Suspension and cancellation of
registration
Notice of change of address
Notice of change of ownership
Plate or decal
Return of plate or decal
Prohibitions
Operating off-road vehicle outside an
approved area
Operating off-road vehicle on a highway
Operating off-road vehicle in a
municipality
Permit for special events
Operating off-road vehicle across a
railway
Passengers
Trailers
Helmet
Equipment
Age prohibition
Owner's duties
Supervisor's duties
Signs
Rentals
Peace officers
Accidents
Report of accident by operator, owner or
passenger
Report of accident by person in charge
Report of accident to registrar
Accident reports
Information release non-reportable
accidents
Information release reportable
accidents
Vehicle safety standards
Managed trail
Offences
Report to registrar
Regulations
Fees and forms
RSNL1990 cH-3 Amdt.
SNL1995 cP-31.1 Amdt.
RSNL1990 cY-1 Amdt.
NLR 118/96 Amdt.
NLR 39/17 Amdt.
NLR 54/03 Amdt.
CNLR 1007/96 Amdt.
NLR 62/09 Amdt.
NLR 78/99 Amdt.
NLR 91/97 Amdt.
NLR 59/03 Amdt.
RSNL1990 cM-20 rep.
Commencement
Schedule
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
Short title
1. This
Act may be cited as the Off-Road Vehicles
Act.
Definitions
2. In
this Act
(a) "all-terrain vehicle" means a side
by side and any other off-road vehicle that has
(
i) either 3 or more wheels or has tracks,
(ii) a seat designed to be straddled by the
operator of the off-road vehicle, and
(iii) handlebars for steering the off-road vehicle;
(b) "approved area" means
(
i) forested lands underlain by mineral soil,
(ii) a trail constructed under a licence issued
under the Lands Act ,
(iii) beaches unless otherwise prohibited by the
minister,
(iv) abandoned railway corridors, highways
abandoned under the Works, Services and
Transportation Act , forest access roads as defined in the Forestry Act , roads constructed under a
licence issued under the Lands Act ,
and any other road constructed for the purpose of providing vehicular access to
resources including forestry, agriculture, hydroelectric, recreation, mining,
industrial and similar developments,
(
v) privately owned lands less than 10 hectares,
(vi) working farms,
(vii) lands in Labrador north of 54 latitude,
(viii) any lands when snow-covered and frozen below
the ground surface, and
(ix) other lands prescribed in the regulations;
(c) "council" means the St. John's City
Council, the Corner Brook City Council, the Mount Pearl City Council and a
council of a town, community or region constituted or continued under the Municipalities Act, 1999 ;
(d) "department" means the department
presided over by the minister;
(e) "disability-related modification" means
a modification that is certified, in
writing, by either the manufacturer of the off-road vehicle or a dealership
authorized by the manufacturer of the off-road vehicle;
(f) "highway" means a highway as defined
in the Highway Traffic Act and
includes a way that has been considered a highway under
section 215 of the Highway Traffic Act ;
(g) "managed trail" means an off-road vehicle
trail constructed, maintained or operated by a managed trail operator;
(h) "managed trail operator" means an
organization approved by the minister under subsection 36 (1) to construct,
maintain or operate a managed trail;
(i) "minister" means the minister
appointed under the Executive Council Act
to administer this Act;
(j) "mobility aid" means a wheelchair or
other device, whether motorized or not, designed and being used to facilitate
the transport, in a normal seated orientation, of a person with a physical
disability, including a physical limitation on the ability to walk or move;
(k) "motor vehicle" means a motor
vehicle registered under the Highway
Traffic Act ;
(l) "motorized snow vehicle" means a
tracked off-road vehicle, commonly known as a snowmobile, where the driver sits
astride a seat and which is designed for operation over snow covered land and
ice;
(m) "municipality" means the area in
which a council exercises jurisdiction;
(n) "off-road vehicle" means a wheeled
or tracked motorized vehicle designed or adapted for cross-country travel on
land, water, ice, snow, marsh, swamp land or other natural terrain including
(
i) a motorized snow vehicle,
(ii) an all-terrain vehicle,
(iii) a mini-bike, dirt-bike and trail-bike,
(iv) a miniature vehicle such as a dune or sport
buggy,
(
v) an off-road maintenance machine, and
(vi) an amphibious vehicle,
but not including agricultural equipment,
infrastructure equipment or a garden lawnmower, lawn tractor or golf cart;
(o) "owner" means
(
i) the person in whose name an off-road vehicle
is registered, and
(ii) in the case of an off-road vehicle which is
the subject of a loan agreement or a rent-to-buy agreement, the party to the
agreement that is entitled to possession of the off-road vehicle;
(p) "peace officer" means
(
i) a member of the Royal Newfoundland
Constabulary,
(ii) a member of the Royal Canadian Mounted Police
stationed in the province,
(iii) a member of a municipal police force,
(iv) a park warden appointed under the Public Service Employment Act (Canada)
stationed in the province,
(
v) a wild life officer appointed under the Wild Life Act,
(vi) an officer appointed under the Provincial Parks Act, and
(vii) a person designated as a peace officer in the
regulations;
(q) "pedestrian" means
(
i) a person on foot,
(ii) a person in or on a mobility aid, or
(iii) a child in a carriage or sleigh;
(r) "registrar" means the Registrar of
Motor Vehicles appointed under the Highway
Traffic Act ;
(s) "side by side" means an off-road
vehicle, other than a dune buggy, that is designed by the manufacturer to have
(
i) side by side seating for the operator and at
least one passenger,
(ii) a steering wheel, and
(iii) either 4 or more wheels or have tracks;
(t) "supervisor" means a person who
(
i) satisfies the criteria prescribed in subsection
22(1), and
(ii) supervises the operation of an off-road
vehicle by a person under the age of 16 years; and
(u) "trailer" means a vehicle which has
no motive power of its own and which is attached to an off-road vehicle.
Labrador Inuit
rights
3. This
Act and regulations made under this Act shall be read and applied in conjunction
with the Labrador Inuit Land Claims
Agreement Act and, where a provision of this Act or regulations made under
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
Exemption from
Act and regulations
4. The
Lieutenant-Governor in Council may, by regulation, exempt an area of the
province or an off-road vehicle or class of off-road vehicles from this Act or
the regulations.
Registration of
off-road vehicle
(1) The
owner of an off-road vehicle shall before operating the off-road vehicle apply
to the registrar for registration of the off-road vehicle.
(2) An application for registration shall
(
a) be submitted to the registrar in the form set
by the registrar;
(
b) state the name and mailing address of the
owner of the off-road vehicle;
(
c) provide a description of the off-road vehicle,
including the make, model, type of body and manufacturer's serial number or
other identifying mark on the off-road vehicle;
(
d) state the purchase price of the off-road
vehicle and whether a tax in respect of the off-road vehicle has been paid; and
(
e) include any other information requested by the
registrar.
(3) Where
a person applying for registration of an off-road vehicle in accordance with
subsection (1) has not previously registered an off-road vehicle under this Act
or the Motorized Snow Vehicles and All-Terrain Vehicles Act , the person
shall
(
a) complete
the training approved by the registrar; and
(
b) provide
proof of completion of training satisfactory to the registrar with its
application under subsection (2).
(4) The registrar may register an off-road vehicle
and issue a permit describing the off-road vehicle together with a plate or
decal where the owner of the off-road vehicle
(
a) submits an application with the information
prescribed in subsection (2);
(
b) submits proof of completion of training where
subsection (3) applies; and
(
c) pays the required fee.
(5) The registrar may refuse to register an
off-road vehicle where the owner of the off-road vehicle
(
a) owes money to the Crown on account of an assessment
under
Part VIII of the Revenue
Administration Act or under
Part IX of the Excise Tax Act (Canada) in respect of the off-road vehicle; or
(
b) has been convicted of an offence under this
Act, regulations made under this Act or the Criminal Code arising out of the
use or operation of that or another off-road vehicle and has not paid the fine
or served the term of imprisonment imposed by the convicting court in respect
of the offence.
(6) A person shall not knowingly make a false
statement in an application.
(7) The registrar shall keep a record of each
registration which shall include the following information:
(
a) the name and address of the owner of the
off-road vehicle;
(
b) the permit number of the off-road vehicle; and
(
c) the plate or decal number of the off-road
vehicle.
(8) A person shall not operate an off-road vehicle
unless the plate or decal issued under this
section is affixed to and clearly visible
on the off-road vehicle.
(9) This
section does not apply to an off-road
vehicle owned by a person who does not live in the province if the off-road
vehicle
(
a) is registered in another jurisdiction and has
attached to it a valid plate or decal issued by the proper authority in that
jurisdiction; and
(
b) is not kept in the province for more than 30
consecutive days.
(10) A permit, plate or decal issued under this
section is valid for the period prescribed in the regulations.
Vehicle to have
identifying mark
(1) The
registrar shall not register an off-road vehicle where the manufacturer's
serial number or similar identifying mark has been removed from the off-road
vehicle.
(2) Notwithstanding subsection (1), the registrar
may register an off-road vehicle where the manufacturer's serial number or
similar identifying mark was removed from the off-road vehicle or the off-road
vehicle was made without a serial number or identifying mark where the person
applying for registration
(
a) submits proof satisfactory to the registrar
that the person is the owner of the off-road vehicle; and
(
b) permanently attaches to the off-road vehicle
an identifying number or mark satisfactory to the registrar.
Suspension and
cancellation of registration
(1) The registrar may suspend or cancel the registration of an off-road vehicle
owned by a person who is found guilty of an offence under this Act or the
regulations.
(2) Where the registration of an off-road vehicle
is suspended or cancelled under subsection (1), the registrar shall indicate
the suspension or cancellation in the record kept under subsection 5(7).
(3) Before reinstating the registration of an
off-road vehicle that has been suspended or cancelled under subsection (1), the
registrar shall require the owner of the off-road vehicle to complete training
approved by the registrar and provide proof of completion of the training in
accordance with the regulations.
Notice of change
of address
8. Where
the address of an owner of an off-road vehicle registered under this Act
changes, the owner shall notify the registrar in writing within 10 days of the
change.
Notice of change
of ownership
9. Where
there is a sale or other transfer of ownership of an off-road vehicle, the
transferor and the transferee shall notify the registrar in writing in the form
set by the minister within 10 days after the transfer takes place.
Plate or decal
(1) An operator of an off-road vehicle shall, when the off-road vehicle is being operated,
(
a) keep the plate or decal on the off-road
vehicle free of mud, dust and other obstructing material; and
(
b) ensure that the view of the plate or decal is
not obstructed by
(
i) a part of the off-road vehicle,
(ii) equipment or an attachment on the off-road
vehicle, or
(iii) the load carried on the off-road vehicle.
(2) A person shall not
(
a) deface, mutilate or alter a plate or decal
issued under this Act;
(
b) use or permit the use of a defaced, mutilated
or altered plate or decal on an off-road vehicle; or
(
c) knowingly use or permit the use of a plate or
decal on an off-road vehicle except as issued for the off-road vehicle.
Return of plate
or decal
(1) Every plate or decal issued under this Act is the property of the Crown and the
person in possession of a plate or decal shall return the plate or decal to the
registrar where requested by the registrar.
(2) Where the ownership of an off-road vehicle
registered under
section 5 is transferred from one person to another person for
the purposes of scrap or destruction, the person acquiring ownership of the
off-road vehicle shall return the plate or decal issued in respect of the
off-road vehicle to the registrar before or immediately after the scrapping or
destruction.
Prohibitions
(1) A
person shall not operate, or permit to be operated, an off-road vehicle that
(
a) is not registered in accordance with this Act
and the regulations;
(
b) is not insured in accordance with the
regulations; or
(
c) does not have a plate or decal affixed to and
clearly visible on the off-road vehicle.
(2) A person shall not operate an off-road vehicle
(
a) without having completed the training approved
by the registrar where this Act requires that the person complete training;
(
b) without due care and attention;
(
c) without reasonable consideration for other
persons or property;
(
d) while under the influence of intoxicating liquor,
narcotics or habit forming drugs; or
(
e) to chase, harass, injure or kill wildlife.
(3) A person shall not operate an off-road vehicle
referred to in subparagraph 2(n)(iii) unless
(
a) the person is able to sit astride the off-road
vehicle with both feet touching the ground; or
(
b) the off-road vehicle is equipped with an
approved disability-related modification.
(4) A person shall not operate a side by side
unless the person is able to sit with the seatbelt fastened and
(
a) both feet flat on the floor; or
(
b) the off-road vehicle is equipped with an
approved disability-related modification.
(5) A person shall not operate an off-road vehicle
in a manner that
(
a) may cause damage to property;
(
b) creates or constitutes a danger to operators
or passengers of other off-road vehicles being operated in the same area; or
(
c) creates or constitutes a danger to persons
engaged in skiing, skating, tobogganing or other outdoor recreational activities
in the same area.
Operating
off-road vehicle outside an approved area
13. A
person shall not operate an off-road vehicle outside an approved area except in
accordance with the regulations.
Operating
off-road vehicle on a highway
(1) A
person shall not operate an off-road vehicle on a highway except in accordance
with subsection (2) and the regulations.
(2) A person who holds a class of driver's licence
issued under the Highway Traffic Act
or who is supervised in accordance with subsection 22(1) may operate an
off-road vehicle
(
a) across a highway where the operator has not
less than 150 metres visibility in both directions along the highway;
(
b) along a highway to access a trail where
(
i) the off-road vehicle is operated on the
shoulder of the highway for a maximum distance of 1 kilometre and yields to
motor vehicle traffic, and
(ii) the off-road vehicle is operated at a speed of
not more than 20 kilometres an hour; or
(
c) along a highway where by reason of adverse
weather conditions the highway is incapable of being used by motor vehicles.
(3) Where a person operates an off-road vehicle
along a highway under the authority of paragraph (2)(c), the off-road vehicle
shall not interfere with snow clearing or other operations being carried out on
the highway.
(4) An operator of an off-road vehicle shall at
all times yield the right of way to
(
a) drivers of all classes of motor vehicles on a
highway;
(
b) pedestrians on a highway; and
(
c) persons riding bicycles on a highway.
Operating
off-road vehicle in a municipality
(1) Notwithstanding
subsection 14(1), a council may make regulations permitting the operation of
off-road vehicles or types of off-road vehicles on a highway or part of a
highway in a municipality but where the management and control of the highway
or a part of it is vested in the minister, the approval of the minister is
required before making the regulations.
(2) Regulations made under subsection (1) shall be
posted at conspicuous places within the areas of the municipality that the
council or minister determines.
Permit for
special events
(1) Notwithstanding
subsection 14(1), the minister or the minister's designate may issue a permit
to a person or organization authorizing off-road vehicles to be operated on a
highway to participate in parades or special events.
(2) The minister or the minister's designate may
ensure the safety of other persons and the person or organization to whom the
Operating
off-road vehicle across a railway
17. A
person may operate an off-road vehicle across a railway where
(
a) the off-road vehicle crosses the railway at a
railway crossing; and
(
b) the off-road vehicle is first brought to a
full stop and yields to all traffic on the railway.
Passengers
18. A
passenger may ride an off-road vehicle in accordance with the regulations.
Trailers
(1) A person shall not operate an off-road vehicle with a trailer unless the
trailer is equipped with
(
a) at least one red reflector at the rear of the
trailer, either separate from or incorporated within the tail lamp; and
(
b) a hitch or attachment that
(
i) is designed so that the trailer substantially
follows in the tracks of the off-road vehicle,
(ii) is strong enough to safely control the trailer
being towed,
(iii) is not more than 1.83 metres long, and
(iv) prevents the trailer from colliding with the
off-road vehicle during travel downhill and when the off-road vehicle stops.
(2) A person shall not operate an off-road vehicle
with a trailer carrying one or more passengers on or across a highway.
(3) Notwithstanding subsection (2), a person may
operate an off-road vehicle with a trailer carrying one or more passengers on
or across the highway where the passengers are non-ambulatory.
Helmet
(1) T he operator and all
passengers riding an off-road vehicle and a passenger being towed in a trailer shall
wear a helmet that
(
a) conforms to the requirements prescribed in the
regulations; and
(
b) is properly fitted and has the fastening device
secured.
(2) Notwithstanding subsection (1), the
Lieutenant-Governor in Council may, by regulation, exempt a person from the
requirement to wear a helmet.
Equipment
21. A
person shall not operate an off-road vehicle unless it has the equipment
prescribed in the regulations and the equipment is in good working order.
Age prohibition
(1) A
person under 16 years of age shall not operate an off-road vehicle unless the
person
(
a) is supervised by a person who
(
i) is 18 years of age or older, and
(ii) has a valid driver's licence; and
(
b) has completed the training approved by the
registrar.
(2) A person under 13 years of age shall not
operate an off-road vehicle with an engine size of greater than 125 cc.
(3) For the purposes of this
section an operator of an
off-road vehicle is supervised when, at all times the operator is using the
off-road vehicle, the person supervising is able to
(
a) see the operator and be seen by the operator; and
(
b) provide immediate direction to the operator.
(4) A person referred to in subsection (1) may, in
accordance with the regulations, be required to provide proof of completion of
the approved training.
Owner's duties
23. The
owner of an off-road vehicle shall ensure that every person who operates the
owner's off-road vehicle
(
a) is supervised, where this Act requires that
the person be supervised when operating an off-road vehicle;
(
b) has completed the training approved by the
registrar where the registrar has approved training and this Act requires that
the person complete the training; and
(
c) uses the safety equipment in accordance with
this Act and the regulations.
Supervisor's duties
24. A
supervisor shall ensure that a person being supervised
(
a) has completed the training approved by the
registrar; and
(
b) uses the safety equipment in accordance with this
Act and the regulations.
Signs
(1) The
minister may erect or cause to have erected signs respecting the operation of
off-road vehicles.
(2) An operator of an off-road vehicle shall obey
a sign erected in accordance with subsection (1).
Rentals
(1) A
person shall not provide an off-road vehicle for rental to a person unless the
person renting the off-road vehicle holds a valid driver's licence.
(2) A person who provides off-road vehicles for
rental shall
(
a) inspect the driver's licence of each person
renting an off-road vehicle; and
(
b) keep a record in relation to each rental.
(3) A record referred to in subsection (2) shall include
(
a) the plate or decal number of the off-road
vehicle;
(
b) the name, permanent address and temporary
address, if applicable, of the person renting the off-road vehicle; and
(
c) the driver's licence number of the person
renting the off-road vehicle.
(4) A record referred to in this
section shall be
open for inspection by a peace officer.
Peace officers
(1) A
peace officer may establish check stations to ensure compliance with this Act
and the regulations.
(2) An operator of an off-road vehicle shall stop
at a check station when directed by a peace officer or by a sign posted by a
peace officer.
(3) An operator of an off-road vehicle shall give
the operator's correct name, date of birth and address to a peace officer on
demand.
(4) A peace officer may seize an off-road vehicle
in accordance with the regulations.
Accidents
(1) An
operator of an off-road vehicle that is involved in an accident shall
(
a) remain at, or immediately return to and remain
at, the scene of the accident for a reasonable period of time;
(
b) provide reasonable assistance; and
(
c) provide to a peace officer, a person
sustaining loss or injury or a witness
(
i) the name and address of the operator,
(ii) the name and address of the owner of the
off-road vehicle where the operator is not the owner,
(iii) the plate, decal or temporary permit number of
the off-road vehicle, and
(iv) other information that is requested by a peace
officer.
(2) Where the operator of an off-road vehicle is
involved in an accident with an off-road vehicle or a motor vehicle that is
unattended, the operator of the off-road vehicle shall
(
a) where practicable, locate the person in charge
of the unattended off-road vehicle or motor vehicle and provide to that person
the information in subparagraphs (1)(c)(
i) to (iii); or
(
b) where not practicable, leave the information
in subparagraphs (1)(c)(
i) to (iii) in a conspicuous place in or on the
off-road vehicle or motor vehicle.
(3) Where an operator of an off-road vehicle is
involved in an accident that results in damage to property, other than property
referred to in subsection (2), the operator of the off-road vehicle shall take
all reasonable steps to locate the owner of the property or the person in
charge of the property and provide to that person the information in
subparagraphs (1)(c)(
i) to (iii).
(4) Where an operator referred to in subsection
(3) cannot locate the owner or person in charge of the property, the operator
shall report the information in subparagraphs (1)(c)(
i) to (iii) to a peace
officer having jurisdiction in the area where the accident occurred.
(5) Where the operator of an off-road vehicle is
supervised the duties prescribed in this
section apply to the supervisor.
Report of
accident by operator, owner or passenger
(1) Where
the operator of an off-road vehicle is involved in an accident that results in
injury or death or in property damage to an apparent extent of $2,000 or more,
the operator of the off-road vehicle shall within 24 hours of the accident, if
physically capable of doing so, make a written report respecting the accident
to a peace officer having jurisdiction in the area where the accident occurred.
(2) Where the operator is physically incapable of
making the report required under subsection (1) and there is a passenger in the
off-road vehicle that is physically capable of making the report, the passenger
shall make the report within 24 hours of the accident.
(3) Where a report is not made under subsection
(1) or (2) and neither the operator nor passenger is the owner of the off-road
vehicle, the owner shall within 24 hours after learning of the accident, make
the report.
(4) Where the operator and the passenger of the
off-road vehicle are physically incapable of making the report within the time
required by subsection (1), the operator or the passenger shall make the report
immediately after becoming physically capable of making it.
Report of
accident by person in charge
(1) Where
an off-road vehicle that shows evidence of having been involved in a serious accident
or having been struck by a bullet is brought by a person to a garage, repair
shop, parking lot, dealership or other place of deposit, the person in charge
of the place into which the off-road vehicle is brought shall immediately report
that fact to a peace officer having jurisdiction within the area of that place,
giving the name and address of the person who deposited the off-road vehicle
and a description of the off-road vehicle.
(2) Notwithstanding subsection (1), a report is not
required where the owner or operator of the off-road vehicle
(
a) is the person in charge of the place where the
vehicle is brought; and
(
b) has made a report in accordance with
section 28
or 29.
Report of
accident to registrar
31. A
copy of every report or statement made or provided to a peace officer under
section 28, 29 or 30 shall be forwarded by the peace officer to the registrar.
Accident reports
(1) A person shall not make a false statement in a report made or purporting to be
made under
section 28, 29 or 30.
(2) A report or statement made or provided under
section 28, 29 or 30
(
a) is not open to public
inspection; and
(
b) is not admissible in evidence for any purpose
in a trial arising out of the accident except to prove
(
i) compliance with
section 28, 29 or 30, or
(ii) falsity in a prosecution for making a false
statement in a report or statement.
(3) In a prosecution for a violation of
section 28,
29 or 30, a certificate purporting to be signed by the registrar that a
required report has or has not been made is, in the absence of evidence to the
contrary, proof of the facts stated in the certificate.
(4) In a prosecution for a failure to make a
report required under
section 28, 29 or 30 in respect of an accident the place
of the offence shall be considered to be the place where the accident occurred.
Information
release non-reportable accidents
(1) Where
an accident is not reported under
section 28, 29 or 30 and the registrar has
received written confirmation of an accident, in a manner acceptable to the
registrar, by either of the parties involved in the accident, the registrar may
release the information referred to in subsection (2) to
(
a) a person involved in the accident;
(
b) a person or an insurance company that has paid
or may be liable to pay damages resulting from the accident; or
(
c) a solicitor, agent or other representative of
the person or insurance company.
(2) The registrar may, under the authority of
subsection (1), release the following information:
(
a) the identification of the off-road vehicles or
motor vehicles involved in the accident;
(
b) the name and address of the registered owner
of the off-road vehicles or motor vehicles; and
(
c) the name and address of an insurance company
that has issued a policy insuring a party to or a person involved in an
accident, together with the policy number applicable to that policy.
Information
release reportable accidents
(1) Where
an accident is reported under
section 28, 29 or 30, the registrar may release
the information referred to in subsection (2) to
(
a) the person involved in an accident;
(
b) a person or an insurance company that has paid
or may be liable to pay for damages resulting from the accident; and
(
c) a solicitor, agent or other representative of
the person or insurance company.
(2) The registrar may, under the authority of
subsection (1), release the following information:
(
a) the date, time and place of the accident;
(
b) the identification of the off-road vehicles or
motor vehicles involved in the accident;
(
c) the names and addresses of the parties to or
involved in the accident;
(
d) the names and addresses of witnesses to the
accident;
(
e) the names and addresses of persons or bodies
to whom the report was made;
(
f) the name and address of a peace officer who
investigated the accident;
(
g) the weather and highway conditions at the time
of the accident; and
(
h) the name and address of the insurance company
that has issued a policy insuring a party to or involved in the accident,
together with the policy number.
(3) In addition to the information to which a
person is entitled under subsection (2), a person is entitled to be informed
whether a charge has been laid as a result of an accident in which an off-road
vehicle is involved.
(4) A person entitled to information under this
section shall pay the fee set by the minister to obtain the information.
Vehicle safety
standards
(1) A
person shall not sell, offer for sale, have in possession for sale, or deliver
for sale, in the province
(
a) an off-road vehicle; or
(
b) equipment and components of an off-road
vehicle,
unless the off-road vehicle or equipment
and components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and
the regulations under that Act.
(2) A person shall not modify or alter an off-road
vehicle or replace equipment or components of an off-road vehicle in a manner
or to an extent that the off-road vehicle no longer complies with the safety
standards prescribed in the Motor Vehicle
Safety Act (Canada) and the regulations under that Act.
Managed trail
(1) The
minister may approve one or more organizations to construct, maintain or
operate a managed trail.
(2) A managed trail operator shall perform the
duties and functions prescribed in the regulations.
(3) A managed trail operator may, in accordance
with the regulations, delegate the duties and functions prescribed in the
regulations.
(4) A person shall not operate an off-road vehicle
on a managed trail in the province except in accordance with the regulations.
(5) An action or other proceeding shall not lie
against an owner or occupier of land, a municipality, Her Majesty in Right of
the province, a minister of the Crown, or an employee, officer or agent of them
for an injury, loss or damage suffered as a result of or arising out of a
person using, operating, riding or being towed by an off-road vehicle on a
managed trail.
(6) An action or other proceeding shall not lie
against Her Majesty in Right of the province, a minister of the Crown, or an
employee, officer or agent of them
(
a) in respect of
an act done or omitted to be
done by them or another person in good faith in the execution or intended
execution of a duty or power under the regulations made under paragraphs 39(1)(
l) and (m); and
(
b) in respect of a tort committed by an
organization approved by the minister or their designates, employees or agents.
Offences
(1) Notwithstanding
the Provincial Offences Act , unless
otherwise provided by this Act or the regulations, a person who has been
convicted of an offence under this Act or the regulations is liable to a fine
of not more than the maximum and not less than the minimum amount prescribed
for the offence in the
Schedule and appearing in that
Schedule opposite the
number or letter or both of the section, subsection or paragraph and the
statement of the offence and in default of payment of the fine or, where no
fine is prescribed, to imprisonment for a term not exceeding the maximum and
not less than the minimum period prescribed for that offence in that
Schedule
and appearing there opposite the number or letter of the section, subsection or
paragraph and the statement of the offence.
(2) A person who is guilty of an offence under
this Act or the regulations for which a penalty has not been prescribed in the
Schedule shall be liable on
summary conviction
(
a) where the offence is a first offence, to a
fine of not less than $100 and not more than $400 and in default of payment of
a fine to imprisonment for a period not exceeding 3 months; and
(
b) where the offence is a second or subsequent
offence, to a fine of not less than $200 and not more than $800 and in default
of payment of a fine to imprisonment for a period not exceeding 6 months.
(3) The Attorney General or a person authorized by
the Attorney General in writing may, either before or after the institution of
proceedings against a person for a violation of this Act referred to in the
Schedule or for another violation of this Act or the regulations, accept from
the person alleged to have been guilty of the violation a payment of a sum not
less than the minimum nor more than the maximum fine prescribed for the
violation.
(4) A payment made under subsection
(3) constitutes a full satisfaction, release and discharge of all penalties and
imprisonments incurred by the person charged for the violation.
(5) The payment of an amount under subsection
(3) has for the purpose of this Act the same effect as if the person paying the
amount had been convicted for the violation in respect of which the amount was
paid and a certificate or a copy of a receipt signed by the Attorney General or
the person authorized by the Attorney General under subsection (3) to the
effect that the amount has been paid is, in the absence of evidence to the
contrary, proof of the conviction without further proof.
Report to
registrar
38. A court which convicts a
person of an offence under this Act or the regulations shall transmit to the
registrar a report setting out the nature of the conviction and the
circumstances of the offence.
Regulations
(1) The
Lieutenant-Governor in Council may make regulations
(
a) prescribing lands as approved areas;
(
b) designating peace officers;
(
c) exempting an area of the province or an off-road
vehicle or class or description of off-road vehicles from this Act or the
regulations;
(
d) respecting registration of off-road vehicles
including the duration of validity, issue, renewal or replacement of permits,
plates and decals issued under this Act;
(
e) prescribing the amount and type of minimum
insurance coverage required for off-road vehicles;
(
f) respecting proof of completion of approved
training;
(
g) respecting the operation of off-road vehicles
outside approved areas;
(
h) respecting the operation of off-road vehicles on
a highway;
(
i) respecting passengers riding on or in off-road
vehicles and passengers being towed in a trailer;
(
j) requiring or prohibiting the use or incorporation
of equipment or a device in or on off-road vehicles or trailers and
prescribing, where applicable, the specifications for the equipment or device;
(
k) prescribing requirements relating to helmets;
(
l) exempting a person from the requirement to
wear a helmet;
(
m) prescribing safety equipment required for the
operator and passenger of an off-road vehicle and for a passenger being towed
in a trailer;
(
n) respecting the seizure of off-road vehicles by
peace officers;
(
o) respecting the operation of off-road vehicles
on managed trails, including requiring the mandatory purchase of permits to use
a managed trail;
(
p) prescribing the duties and functions of
managed trail operators and the delegation of those duties;
(
q) prescribing penalties for a contravention of
the regulations;
(
r) defining a word or phrase used but not defined
in this Act; and
(
s) generally, to give effect to the purpose of
this Act.
(2) Regulations made under this
section may be
limited as to time or place or both.
(3) Different regulations may be made under this
section with respect to different areas of the province or different off-road vehicles
or different classes or descriptions of off-road vehicles.
(4) For the purpose of regulations under paragraph
(1)(o), the minister may authorize the charging of fees for trail use permits
and those fees shall not be considered to be public money for the purpose of
the Financial Administration Act .
Fees and forms
40. The
minister may set fees and establish forms for the purpose and administration of
this Act.
RSNL1990 cH-3 Amdt.
Section 202.3 of the Highway Traffic Act is amended by deleting the reference " Motorized Snow Vehicles and All-Terrain
Vehicles Act " and substituting the reference " Off-Road Vehicles Act ".
SNL1995 cP-31.1
Amdt.
42. Subsection
18.1(11) of the Provincial Offences Act is
amended by deleting the reference " Motorized
Snow Vehicles and All-Terrain Vehicles Act " and substituting the
reference " Off-Road Vehicles Act ".
RSNL1990 cY-1
Amdt.
43. Paragraph
3.1(
a) of the Young Persons Offences Act is
amended by deleting the reference " Motorized
Snow Vehicles and All-Terrain Vehicles Act " and substituting the
reference " Off-Road Vehicles Act ".
NLR 118/96 Amdt.
Schedule
A of the Amusement Rides and Elevating
Devices Regulations under the Public
Safety Act is amended by deleting the reference " Motorized Snow Vehicles and All-Terrain Vehicles Act " and
substituting the reference " Off-Road
Vehicles Act ".
NLR 39/17 Amdt.
45. Subsection
38(5) of the Child Care Regulations
under the Child Care Act is amended
by deleting the reference " Motorized
Snow Vehicles and All-Terrain Vehicles Act " and substituting the
reference " Off-Road Vehicles Act ".
NLR 54/03 Amdt.
46. Paragraph
48(2)(
b) of the Environmental Assessment
Regulations, 2003 under the Environmental
Protection Act is amended by deleting the reference " Motorized Snow Vehicles and All-Terrain
Vehicles Act " and substituting the reference " Off-Road Vehicles Act ".
CNLR 1007/96
Amdt.
47. Paragraph
21(3)(c.1) of the Licensing and Equipment
Regulations under the Highway Traffic
Act is amended by deleting the reference " Motorized Snow Vehicles and All-Terrain Vehicles Act " and
substituting the reference " Off-Road
Vehicles Act ".
NLR 62/09 Amdt.
48. Subsection
9(1) of the Main River Special Management
Area Regulations under the Lands Act
is amended by deleting the reference " Motorized
Snow Vehicles and All-Terrain Vehicles Act " and substituting the
reference " Off-Road Vehicles Act ".
NLR 78/99 Amdt.
(1) Paragraph 2(
f) of the Provincial Offences Ticket Regulations, 1999
under the Provincial Offences Act is
amended by deleting the reference " Motorized
Snow Vehicles and All-Terrain Vehicles Act " and substituting the
reference " Off-Road Vehicles Act ".
(2) Section
3 of the Provincial Offences Ticket
Regulations, 1999 under the Provincial
Offences Act is amended by deleting the reference " Motorized Snow Vehicles and All-Terrain
Vehicles Act " and substituting the reference " Off-Road Vehicles Act ".
NLR 91/97 Amdt.
Section
11 of the Provincial Parks Regulations
under the Provincial Parks Act is
amended by deleting the reference " Motorized
Snow Vehicles and All-Terrain Vehicles Act " wherever it appears and
substituting the reference " Off-Road
Vehicles Act ".
NLR 59/03 Amdt.
51. Subparagraph
21(1)(i)(iii) of the Waste Management
Regulations, 2003 under the Environmental
Protection Act is amended by deleting the reference " Motorized Snow Vehicles and All-Terrain
Vehicles Act " and substituting the reference " Off-Road Vehicles Act ".
RSNL1990 cM-20
rep.
52. The Motorized
Snow Vehicles and All-Terrain Vehicles Act is repealed.
Commencement
53. This
Act, or a section, subsection, paragraph or subparagraph of this Act, comes
into force on a day or days to be proclaimed by the Lieutenant-Governor in
Council.
Schedule
Penalty
Section and
subsection or paragraph
Offence
A fine of not less than or not more than the dollar
amounts specified
In default of payment of fine imprisonment for no
longer or shorter than time specified
Min.
Max.
Min.
Max.
Failure to notify
registrar of transfer of ownership
2 days
14 days
10(1)
Failure to keep
plate or decal clear, visible and unobstructed
2 days
14 days
10(2)(
a) Deface, mutilate
or alter plate or decal
2 days
14 days
10(2)(
b) Use, or permit to be
used, a defaced, mutilated or altered plate or decal on an off-road vehicle
2 days
14 days
10(2)(
c) Knowingly use, or
permit to be used, a plate or decal other than plate or decal issued for the
off-road vehicle
2 days
14 days
12(1)(
a) Operate, or permit
to be operated, unregistered off-road vehicle
2 days
14 days
12(1)(
b) Operate, or permit
to be operated, off-road vehicle that is not insured
Second offence
Subsequent offence
30 days
30 days
30 days
6 months
6 months
6 months
12(1)(
c) Operate, or permit
to be operated, off-road vehicle without plate or decal
2 days
14 days
12(2)(
a) Operating off-road
vehicle without having completed approved training
2 days
14 days
12(2)(
b) Operating off-road
vehicle without due care and attention
Second offence
Subsequent offence
7 days
7 days
7 days
30 days
30 days
30 days
12(2)(
c) Operating off-road
vehicle without reasonable consideration for other persons or property
Second offence
Subsequent offence
7 days
7 days
7 days
30 days
30 days
30 days
12(2)(
d) Operating off-road
vehicle while under the influence of intoxicating liquor, narcotics or habit
forming drugs
Second offence
Subsequent offence
6 months
6 months
6 months
12 months
12 months
12 months
12(2)(
e) Operating off-road
vehicle to chase, harass, injure or kill wildlife
30 days
6 months
12(5)
Operating off-road
vehicle in dangerous or hazardous manner
7 days
30 days
Operating off-road
vehicle outside an approved area
Second offence
Subsequent offence
7 days
7 days
7 days
30 days
30 days
30 days
14(1)
Operating off-road
vehicle on a highway
Second offence
Subsequent offence
2 days
2 days
2 days
14 days
14 days
14 days
14(2)
Operate, or permit
to be operated, an off-road vehicle on highway without drivers licence or
being supervised
Second offence
Subsequent offence
2 days
2 days
2 days
14 days
14 days
14 days
14(4)
Failure to yield right
of way to motor vehicles, pedestrians or persons riding bicycles on highway
Second offence
Subsequent offence
2 days
2 days
2 days
14 days
14 days
14 days
19(1)(
a) Operating off-road
vehicle with a trailer without a red reflector attached to rear of trailer
2 days
14 days
19(1)(
b) Operating off-road
vehicle with a trailer with a hitch or attachment that does not satisfy
prescribed requirements
2 days
14 days
19(2)
Operating off-road
vehicle with a trailer carrying passengers on or across a highway
2 days
14 days
20(1)
Operator or
passenger of an off-road vehicle or passenger towed in a trailer not wearing
an approved, fitted and secure helmet
Second offence
Subsequent offence
2 days
2 days
2 days
14 days
14 days
14 days
22(1)(
a) Operating off-road
vehicle without being properly supervised
Second offence
Subsequent offence
7 days
7 days
7 days
30 days
30 days
30 days
22(1)(
b) Operating off-road
vehicle without having completed the required training
2 days
14 days
23(
a) Owner allowing
off-road vehicle to be operated by person not being supervised
Second offence
Subsequent offence
30 days
30 days
30 days
6 months
6 months
6 months
23(
b) Owner allowing
off-road vehicle to be operated by person who has not completed required
training
Second offence
Subsequent offence
30 days
30 days
30 days
6 months
6 months
6 months
23(
c) Owner allowing
off-road vehicle to be operated by person without using required safety
equipment
Second offence
Subsequent offence
30 days
30 days
30 days
6 months
6 months
6 months
24(
a) Supervisor
allowing off-road vehicle to be operated by person who has not completed
required training
Second offence
Subsequent offence
30 days
30 days
30 days
6 months
6 months
6 months
24(
b) Supervisor
allowing off-road vehicle to be operated by person without using required
safety equipment
Second offence
Subsequent offence
30 days
30 days
30 days
6 months
6 months
6 months
25(2)
Failure to obey
signs
2 days
14 days
26(1)
Renting off-road
vehicle to person who does not hold valid driver's licence
2 days
14 days
26(2)(
a) Renting off-road vehicle
to person without inspecting driver's
licence
2 days
14 days
26(2)(
b) Failure to keep
record regarding off-road
vehicles rented
2 days
14 days
27(3)
Failure to provide
required information to peace officer on demand
7 days
30 days
28(1)(
a) Failure to remain
at scene of accident
7 days
30 days
28(1)(
c) Failure to provide
information requested by peace officer
Second offence
Subsequent offence
7 days
7 days
7 days
30 days
30 days
30 days
28(2)
Failure to
notify/locate owner of unattended vehicle
2 days
14 days
Failure to report
accident
Second offence
Subsequent offence
7 days
7 days
7 days
30 days
30 days
30 days
30(1)
Failure to report
accident by person in charge of place where an off-road vehicle involved in
an accident is taken
7 days
30 days
32(1)
Making false
statement in report
6 days
20 days
35(1)
Selling, offering
for sale, possessing or delivering for sale an off-road vehicle or equipment
for off-road vehicles that does not comply with Motor Vehicle Safety Act (Canada)
7 days
30 days
35(2)
Modifying or altering
an off-road vehicle to replace equipment or components of an off-road vehicle
to an extent that it no longer complies with Motor Vehicle Safety Act (Canada)
7 days
30 days
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