NEWFOUNDLAND REGULATION 79/99

Motorized Snow Vehicles and All-Terrain
Vehicles Regulations
(Amendment)
under the
Motorized Snow Vehicles and All-Terrain Vehicles Act
(O.C. 99-418)

(Filed September 2, 1999)

Under the authority of section 21 of the Motorized Snow Vehicles and All-Terrain Vehicles Act, the Lieutenant Governor in Council makes the following regulations.

Dated at St. John's, September 2, 1999.

G. Norris
Deputy Clerk of the Executive Council

REGULATIONS

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.5.1 Added
Use of unapproved area

        3.   S.18 Amdt.
Offence and penalty

        4.   S.19 Amdt.
Vehicle confiscation

        5.   S.25 Amdt.
Non-application

CNR 1163/96
as amended

        1. Paragraph 2(b) of the Motorized Snow Vehicles and All-Terrain Vehicles Regulations is amended by adding immediately after the word, figure and comma "sections 5," the figure and comma "5.1,".

        2. The regulations are amended by adding immediately after section 5 the following:

Use of unapproved area

      5.1 (1) Notwithstanding subsection 5(1), a person who holds a big game licence and, as permitted by the licence, has killed a moose, caribou or bear may use or operate an all-terrain vehicle outside an approved area for the purpose of transporting the animal from the place where it was killed, subject to the conditions set out in subsections (2) to (7).

             (2)  Notwithstanding subsection (1), a person other than the licence holder may use or operate an all-terrain vehicle for the purpose of transporting an animal from the place where it was killed, but the licence holder shall remain in the immediate area.

             (3)  A person shall not use or operate an all-terrain vehicle under subsection (1) where an approved area may reasonably be used for the purpose.

             (4)  A moose or caribou shall be tagged as required under subsection 35(8) of the Wild Life Regulations before an all-terrain vehicle is used or operated under subsection (1).

             (5)  A person shall not use or operate an all-terrain vehicle more than 5 times to and from the place where the animal was killed and, when travelling from the place where the animal was killed, a portion of the animal shall be on the all-terrain vehicle or on a trailer being towed by the all-terrain vehicle.

             (6)  Notwithstanding subsection (5), where more than one all-terrain vehicle is used or operated in relation to the transporting of a single animal under subsection (1) the total number of trips for all the all-terrain vehicles shall not exceed 5.

             (7)  A person shall not carry, transport or have in his or her possession a fire arm while using or operating an all-terrain vehicle under subsection (1).

        3. (1) Subsection 18(2) of the regulations is amended by adding immediately after the word and figure "subsection 5(1)" the words and figure "or section 5.1".

             (2)  Subsection 18(3) of the regulations is amended by adding immediately after the word and figure "section 5" the word and figure "or 5.1".

        4. (1) Subsection 19(1) of the regulations is amended by adding immediately after the word and figure "section 5" the word and figure "or 5.1".

             (2)  Subsection 19(4) of the regulations is amended by adding immediately after the word and figure "section 5" the word and figure "or 5.1".

             (3)  Subsection 19(6) of the regulations is amended by adding immediately after the word and figure "section 5" the word and figure "or 5.1".

        5. Section 25 of the regulations is amended by adding immediately after the figure and comma "5," the figure and comma "5.1,".

©Earl G. Tucker, Queen's Printer