Second Session, 45th General Assembly

54 Elizabeth II, 2005

BILL 36

AN ACT TO AMEND THE MOTORIZED SNOW VEHICLES AND ALL-TERRAIN VEHICLES ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE DIANNE WHALEN

Minister of Government Services

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the definition

section 2 of the Motorized Snow Vehicles and All-Terrain Vehicles Act by adding a definition of the term "all-terrain vehicle" .

Clause 2 of the Bill would make

section 4 of the Act apply to vehicles other than ATVs.

Clause 3 of the Bill would add a proposed

section 4.1 to the Act to clearly require all ATV owners to notify the registrar of a change of ownership of an ATV and to require that existing owners of used ATVs notify the registrar of that ownership within a year of the commencement of the section.

Clause 4 of the Bill would provide for penalties for ATV operators who violate

section 10 of the Act.

Clause 5 of the Bill would make the existing

section 13 of the Act apply to vehicles other than ATVs.

Clause 6 of the Bill would add a proposed

section 13.1 to the Act to create an offence

section applicable to ATV owners only.

Clause 7 of the Bill would amend

section 22 of the Act to create 2 offence subsections, one applicable to vehicles other than ATVs and one to ATVs.

A BILL

AN ACT TO AMEND THE MOTORIZED SNOW VEHICLES AND ALL-TERRAIN VEHICLES ACT

Analysis

1. S.2 Amdt.

Definitions

2. S.4 Amdt.

Change of ownership

3. S.4.1 Added

ATV change of ownership

4. S.10 Amdt.

Driving on highway

5. S.13 Amdt.

Offences

6. S.13.1 Added

Offences

7. S.22 R&S

Offences

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cM-20 as amended

1. Paragraph 2(

a) of the Motorized Snow Vehicles and All-Terrain Vehicles Act is repealed and the following substituted:

(a) "all-terrain vehicle" means a wheeled or tracked motorized vehicle, excluding a 2 wheeled vehicle, designed or adapted for off-road use;

(a.1) "council" means the St. John's Municipal Council, the Corner Brook City Council, the Mount Pearl City Council, a council of a city or municipality constituted under a special Act and a council of a town, community or region constituted or continued under the Municipalities Act,1999 ;

Section 4 of the Act is amended by deleting the words, commas and figure "vehicle, which is registered under

section 3," and substituting the words, commas and figure "vehicle that is required to be registered under

section 3, other than an all-terrain vehicle,".

3. The Act is amended by adding immediately after

section 4 the following:

ATV change of ownership

4.1

(1) Where the ownership of an all-terrain vehicle that is required to be registered under

section 3 passes to another owner, whether by act or by operation of law, notification of the change in ownership shall be provided to the registrar in the manner and within the time prescribed by the regulations.

(2) Where, before the coming into force of this section, a person failed to notify the registrar of a change in ownership of an all-terrain vehicle, that failure shall not be considered to be a contravention of

section 4 of this Act as it read immediately before the coming into force of this section.

(3) Where, upon the coming into force of this

section a person owns an all-terrain vehicle for which there is no record of current ownership with the registrar, that owner shall, within 12 months after the coming into force of this section, notify the registrar of the ownership of that all-terrain vehicle.

(4) An owner of an all-terrain vehicle who fails to notify the registrar of a change of ownership as required under subsection (1) commits an offence.

(5) An owner of an all-terrain vehicle who fails to notify the registrar of an existing ownership within 12 months as required under subsection (3), commits an offence.

Section 10 of the Act is amended by adding immediately after subsection (6) the following:

(6.1) Notwithstanding subsection (6), where a person contravenes subsection (1) or (2) while driving an all-terrain vehicle, that person is guilty of an offence and is liable on

summary conviction

(

a) for a first offence, to a fine of $250; and

(

b) for a subsequent offence, to a fine of $500,

and in default of payment of the fine to imprisonment for 15 days.

Section 13 of the Act is amended by adding immediately after the word "vehicle" wherever it occurs, the words "other than an all-terrain vehicle".

6. The Act is amended by adding immediately after

section 13 the following:

Offences

13.1

(1) A person who operates an all-terrain vehicle without

(

a) due care and attention; or

(

b) reasonable consideration for other persons or property,

is guilty of an offence and liable on

summary conviction to a fine not exceeding $1,000 or to imprisonment for a period of not exceeding 6 months or to both the fine and imprisonment.

(2) A person who operates an all-terrain vehicle while under the influence of intoxicating liquor, narcotics or habit forming drugs is guilty of an offence and liable on

summary conviction

(

a) for a first offence, to a fine not exceeding $1,500 or to imprisonment for a period not exceeding 12 months or to both the fine and imprisonment; and

(

b) for a subsequent offence, to a fine not exceeding $2,500 or to imprisonment for a period not exceeding 12 months or to both the fine and imprisonment.

(3) A person who operates an all-terrain vehicle to chase, harass, worry, injure or kill wild life is guilty of an offence and liable on

summary conviction to a fine of not less than $1,000 and not more than $2,000, or to imprisonment for a period not exceeding 6 months, or to both a fine and imprisonment.

Section 22 of the Act is repealed and the following substituted:

Offence

(1) A person who, while operating a vehicle other than an all-terrain vehicle, contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on

summary conviction

(

a) where the offence is a first offence, to a fine not exceeding $200 and in default of payment of the fine to imprisonment for a period not exceeding 3 months; and

(

b) where the offence is a second or subsequent offence, to a fine not exceeding $500 and in default of payment of the fine to imprisonment for a period not exceeding 6 months.

(2) A person who, while operating an all-terrain vehicle, contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on

summary conviction

(

a) where the offence is a first offence, to a fine not exceeding $400 and in default of payment of the fine to imprisonment for a period not exceeding 3 months; and

(

b) where the offence is a second or subsequent offence, to a fine not exceeding $1,000 and in default of payment of the fine to imprisonment for a period not exceeding 6 months.

©Earl G. Tucker, Queen's Printer