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Motorized Snow Vehicles and All-Terrain Vehicles Regulations
Motorized Snow Vehicles and All-Terrain Vehicles Regulations
Under the authority of section 21 of the Motorized Snow Vehicles and All-Terrain Vehicles Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.
2. In these regulations
(a) "Act" means the Motorized Snow Vehicles and All-Terrain Vehicles Act ;
(b) [Rep. by 59/05 s1]
(c) "approved area", for the purpose of sections 4.1, 5 and 5.1, means
(i) forested lands underlain by mineral soil as shown on the Land Use Atlas on file in Lands Branch, Department of Government Services and Lands,
(ii) a trail constructed under 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 under the Forestry Act, roads constructed under licence issued under the Lands Act, and any other road constructed for the purpose of providing vehicular access to resources including but not limited to forestry, agriculture, hydroelectric, recreation, mining, industrial and similar developments,
(v) privately owned lands less than 10 hectares,
(vi) working farms,
(viii) lands when snow-covered and frozen below the ground surface;
(d) "low pressure bearing tires" means wide, balloon type tires with a rounded cross section having no distinct shoulder area designed to operate with inflation pressures of no greater than 70 Kpa (10 psi);
(e) "minister" means the minister appointed under the Executive Council Act to administer the Act;
(f) "peace officer" means a member of the Royal Canadian Mounted Police, the Royal Newfoundland Constabulary, parks, lands, forestry, fisheries, environmental, and, for the purpose of enforcing section 5, includes development control officers, wildlife officers and municipal police, more particularly defined in the Schedule; and
(g) "vehicle", where used in section 3, sections 9, 10, 16 and 17, means a 2, 3 or 4 wheeled type vehicle designed to be operated with the driver seated astride a seat and commonly known as a trail bike or all-terrain vehicle.
3. Subsections 8(2) and (3) and sections 9 and 10 do not apply to vehicles designed to travel on snow nor to vehicles into which the driver must enter except where specifically set out in sections 16 and 17.
4. Without limiting section 13 of the Act, a person shall not drive or operate a vehicle
(a) in a manner that constitutes danger or hazard to the operators or passengers of other vehicles being operated within the same area; or
(b) where persons are engaged in skiing, skating, tobogganing or engaged in another outdoor recreational activity so as to create a hazard to or endanger these persons or their property.
4.1 A person shall not
(a) use or operate a wheeled all-terrain vehicle unless that vehicle has low pressure bearing tires;
(b) use or operate a wheeled all-terrain vehicle equipped with tire chains; and
(c) outside an approved area, tow equipment, supplies or other materials behind an all-terrain vehicle other than in a proper trailer equipped with low pressure bearing tires.
5. (1) A person shall not use or operate an all-terrain vehicle outside an approved area.
(2) Subsection (1) does not apply
to a peace officer while in pursuit of a person contravening a law of the province or of
(b) where there is a medical or public safety emergency that requires the operation of an all-terrain vehicle outside an approved area.
Use of unapproved area
(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).
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.
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).
Operation on highway or railway
6. (1) A person shall not drive, operate or otherwise move a vehicle upon a highway or on a railway except in accordance with this section.
(2) A person may drive, operate or move a vehicle across a railway at a railway crossing only if the vehicle is first brought to a full stop and yields to all traffic upon the railway.
(3) A person may drive, operate or move a vehicle across a highway only at those points where the operator has not less than 100 yards visibility in both directions along the highway.
(4) A person may drive, operate or move a vehicle along a highway only when by reason of storm or blizzard the road is incapable of being used by motor vehicles but so as not to interfere with snow clearing or other operations being carried out by the department on that portion of the highway.
Minister may issue permit
6.1 Notwithstanding section 6, the minister may issue a permit to a person or organization to drive, operate or move a vehicle upon a highway or railway for a special event on those terms and conditions that the minister may prescribe.
Operation on personal land
7. Nothing in these regulations shall require an owner to register a vehicle for the purpose of driving, operating or moving that vehicle on land in the ownership or control of the owner.
Operation on managed trails
7.1 (1) A person shall not operate a motorized snow vehicle on a managed trail unless that vehicle
(a) has permanently attached a motorized snow vehicle sticker or other identifying marker issued by the appropriate authority under section 7.2; or
(b) has a motorized snow vehicle dealer trail permit issued by the appropriate authority under section 7.2 attached to the ignition key inserted in the ignition of that vehicle.
(2) Subsection (1) shall not apply
(a) to a person operating a motorized snow vehicle on land in the control or ownership of that person or by a member of his or her immediate family;
(c) to a person while crossing a managed trail that divides land, in a manner roughly perpendicular to the managed trail, in order to move a motorized snow vehicle from one portion of that land directly to the other portion of that land divided by that managed trail.
(3) In paragraph (2)(b), "Labrador Inuit Settlement Area", "Inuk", "Inuit Business", "Inuit Community Government", "Inuit Community Corporation" and "Nunatsiavut Government" have the same meanings as in the Labrador Inuit Land Claims Agreement signed on behalf of the Inuit of Labrador as represented by the Labrador Inuit Association, Her Majesty the Queen in right of Newfoundland and Labrador and Her Majesty the Queen in right of Canada.
Managed trail operators duties and powers
7.2 (1) The Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc., incorporated under the Corporations Act shall
(a) receive and process applications for managed trail permits and issue managed trail permits, stickers or other identifying markers to persons operating a motorized snow vehicle on a managed trail under the control and management of the corporation to which the application is made;
(b) charge, receive and retain a fee for the issuance of managed trail permits, stickers or other identifying markers under paragraph (a) at a rate that shall be approved annually by the minister in consultation with the Minister of Tourism, Culture and Recreation;
(c) determine the form and manner in which an application for a managed trail permit shall be made and the classes of managed trail permit that may be issued;
(d) determine conditions that apply in relation to the issuance, holding, replacement and use of managed trail permits, stickers and other identifying markers and respecting the period of time for which a managed trail permit, sticker or other identifying marker is valid;
(e) issue a description of its managed trail to each recipient of a managed trail permit, sticker or other identifying marker;
(f) clearly mark its managed trail;
(g) annually provide to the minister a financial statement audited by an auditor approved by the minister; and
(h) utilize revenue from the sale of managed trail permits, stickers or other identifying markers to manage, maintain, upgrade or expand its managed trails and to purchase insurance required to ensure its continued operation and activities.
(4) A person shall not maintain a managed trail or remove, tear down, damage, cover, deface or alter a sign posted or erected by the Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. on their managed trails unless doing so under the direction of the Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. or their designates.
(5) The Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc., their designates or other persons acting on their behalf shall not maintain a managed trail or identify a managed trail by posting or erecting signs or otherwise administer, control or operate a managed trail
(a) on privately owned land, without first obtaining the written consent of the person entitled to withhold consent with respect to the land on which the managed trail is located;
(b) on land owned by a municipality, without first obtaining the written consent of that municipality;
(c) on Crown land without first obtaining the written consent of the Minister of the government of the province responsible for the Lands Act; and
(d) on a highway, without first obtaining the written consent of the Minister of Government Services.
Age of operators
8. (1) For the purpose of paragraph 21(1)(l) of the Act
(a) a person under the age of 13 years shall not drive a motorized snow vehicle; and
(b) no one shall cause or permit a person under the age of 13 years to drive a motorized snow vehicle,
unless the person is accompanied by another person who is 19 years of age or older.
(2) A person under the age of 16 years shall not operate an all-terrain vehicle in the province.
(3) Subsection (2) shall not apply to a person who has attained the age of 14 years and is operating an all-terrain vehicle having an engine size of 90cc or less.
(4) A person who operates an all-terrain vehicle under subsection (3) shall not operate that vehicle unless he or she is accompanied and supervised by a person who is 19 years of age or older.
(5) For the purposes of this section an operator of a vehicle is accompanied and supervised when the other person has visual and voice communication with the operator.
131/78 s13; 134/87 s4; 59/05 s4
Use by multiple persons
9. (1) A person other than the operator shall not ride on a vehicle unless
(a) the vehicle is designed and equipped by the manufacturer to carry more than one person; and
(b) the person other than the operator rides on a seat attached to the vehicle and designed to carry a passenger.
(2) A person who operates a vehicle shall not permit another person to ride on it in violation of subsection (1).
Safety equipment required
10. (1) A person shall not operate or ride as a passenger on a vehicle unless wearing a helmet that complies with the Licensing and Equipment Regulations and that helmet is properly fastened.
(2) Where the vehicle is not equipped with a windshield that is of a height to afford adequate protection to the eyes, the operator shall wear a face shield, safety glasses or goggles.
(3) Subsections (1) and (2) do not apply to
(a) persons working in the forestry, mining, fishing, construction or agricultural industries where those vehicles are used for utility purposes;
(b) persons required to wear protective head gear in accordance with the Occupational Health and Safety Act ;
(c) persons operating or riding in vehicles equipped with more than 4 wheels.
Adequate illumination required
11. A person shall not drive, operate or otherwise move a vehicle between sunset and sunrise unless the vehicle is equipped with and there is in effective operation adequate head and tail lamps.
12. A person shall not drive, operate or otherwise move a vehicle unless the vehicle is equipped with
(a) an amber reflector affixed to the front of the vehicle or with one amber reflector affixed to each side of the vehicle at or towards the front of it;
(b) at least one red reflector at the rear of the vehicle, either separate from or incorporated within the tail lamp required under section 10; and
(c) an adequate and efficient operating braking system.
Noise reducing equipment
13. A vehicle shall be equipped with a noise muffler or other noise reducing equipment which shall be kept in good working condition and which shall prevent excessive or unusual noise and a person shall not equip a vehicle with a muffler cut-off, straight exhaust, gutted muffler, hollywood muffler, by-pass or other device which has the effect of by-passing or reducing the efficiency of that noise reducing equipment.
Signs may be erected
14. The minister may cause to have erected warning, cautionary, directional, limiting or prohibiting signs respecting the operation of vehicles and the operator of a vehicle who fails to obey the signs is guilty of an offence under the Act.
15. (1) For the purpose of paragraph 2(h) of the Act, a forestry official, fisheries officer, wildlife officer, officer appointed under the Provincial Parks Act and a peace officer as defined in the Highway Traffic Act are designated as peace officers.
(2) A person who fails to obey a signal or direction of a peace officer given for the purposes of the Act or these regulations is guilty of an offence.
15.1 A peace officer may establish a check station to ensure compliance with the Act and these regulations and the operator of a vehicle shall stop at a check station when directed to do so by a peace officer or by a sign posted by a peace officer.
16. (1) For the purpose of subsection 10(5) of the Act and without limiting another regulation in force, a person shall not drive or operate a vehicle or motorized snow vehicle across a highway or knowingly permit a person under the age of 19 years to drive or operate a vehicle or motorized snow vehicle across a highway unless there is in force in respect of the vehicle or motorized snow vehicle a policy of insurance covering public liability and property damage to the minimum limit prescribed by section 21 of the Automobile Insurance Act .
(2) When requested to do so by a peace officer, the owner or operator of a vehicle or motorized snow vehicle shall produce proof that a policy of insurance is in force with respect to the vehicle.
(3) For the purpose of subsection (2), the production of a policy at a police station within 48 hours after a request is made is considered to be sufficient production of proof of a policy.
(4) If a policy of insurance as required by this regulation is cancelled or expires before the expiration of the period of registration of the vehicle, the owner shall, if he or she fails to furnish proof of financial responsibility as requested by the registrar, return to the registrar the registration certificate and licence plate of the vehicle and in the case of a vehicle in respect of which a decal has been issued, obliterate the decal.
(5) If a person fails to return the registration certificate and licence plate or obliterate the decal as required by this regulation, the registrar may authorize a constable to secure possession of the certificate and plates or obliterate the decal.
(6) A policy of insurance referred to in this section shall be in a form approved by the Superintendent of Insurance for the purpose of this section.
(7) A person who
(a) fails to comply with subsection (1); or
(b) fails to produce proof in accordance with subsection (2) that a policy is in force
is guilty of an offence and is liable upon summary conviction
(c) where the offence is related to a motorized snow vehicle or a vehicle commonly known as a trail bike, to a fine of $250 or in default of payment to imprisonment for a period of 15 days; and
(d) where the offence is related to an all-terrain vehicle, to a fine of $500 or in default of payment to imprisonment for a period of 15 days.
(8) For the purpose of subsection (1), highway shall not include roads which are not normally maintained for the passage of highway motor vehicles and not normally frequented by those motor vehicles and shall not include the roads as private woods roads, resource roads or cottage development roads where a mixture of motor vehicles, vehicles or motorized snow vehicles is unlikely.
134/87 s7; 25/89 s2; 59/05 s5
Application of Automobile Insurance Act
17. Section 21 of the Automobile Insurance Act shall apply whenever a policy of insurance is required by these regulations.
Offence and penalty
18. (1) A person who contravenes or fails to comply with section 4.1 is guilty of an offence and liable on summary conviction to a fine of $250 and in default of payment to imprisonment for a term not exceeding 15 days.
(2) A person who contravenes or fails to comply with section 5 or 5.1 is guilty of an offence and liable on summary conviction
(a) for the first offence to a fine of $500 and in default of payment to imprisonment for a term not exceeding 30 days;
(b) for a second or subsequent offence a fine of $1000 and in default of payment to imprisonment of a term not exceeding 60 days.
(3) A person convicted of an offence contrary to section 4.1, 5 or 5.1 involving damage to the land may be ordered, in addition to the penalties under this section,
(a) to restore that land to the satisfaction of the minister; or
(b) to pay compensation to the Consolidated Revenue Fund as a justice may order.
19. (1) A peace officer may seize an all-terrain vehicle or may by order set out on the violation ticket direct delivery of the all-terrain vehicle to a place of storage designated by the minister where the officer has reasonable and probable grounds to believe the all-terrain vehicle was used in the commission of an offence contrary to subsection 13.1(2) of the Act and sections 4.1, 5 or 5.1 of these regulations.
(2) An all-terrain vehicle which has been ordered delivered to a place of storage under subsection (1) shall be considered to have been seized as effectively as if the peace officer had taken possession of it.
(3) Under subsections (1) and (2), the all-terrain vehicle shall be retained in the custody of the peace officer making the seizure or shall be delivered by the peace officer into the custody of a person that the minister directs or shall be delivered by the order to a place of storage designated by the minister under subsections (1) and (2) and shall remain there until the conclusion of the proceedings, including an appeal.
(4) Where a person is convicted of an offence contrary to section 5 or 5.1, the justice hearing the charge may order that the all-terrain vehicle seized under subsections (1) and (2) be forfeited to the Crown.
(5) An all-terrain vehicle forfeited under subsection (4) may be disposed of as the minister directs.
Where a person is charged with an offence contrary to section 5 or 5.1 but there is no conviction, the
(7) Where an all-terrain vehicle is forfeited to the Crown under subsection (4), a person other than a person convicted of the offence in the forfeiture who claims that the forfeited vehicle was stolen may, within 30 days after the forfeiture, apply by written notice to a Provincial Court judge for an order under subsection (10).
(9) The applicant shall serve a notice of the application and of the hearing upon the minister at least 5 days before the day fixed for the hearing.
Where, upon the hearing of an application, it is made to appear to the satisfaction of a
(11) Section 14 of the Small Claims Act with respect to an appeal to the Trial Division shall, with the necessary changes, apply to an order made under subsection (10).
20. (1) For the contravention of these regulations a complaint may be laid and a summons issued by means of a violation ticket instead of the procedure set out in the Criminal Code for laying an information and for issuing a summons.
(2) The minister by order published in the Gazette may
(a) prescribe the form of the violation tickets;
(b) define a word, figure or expression used in the regulations; and
(c) authorize the use on a violation ticket of a word or expression to designate an offence under this Act.
(3) The use on a violation ticket of a word, figure or expression authorized under these regulations or defined by order of the minister shall be sufficient for all purposes to describe the offence designated by that word or expression.
(4) A peace officer or other complainant shall indicate the offence charged on the violation ticket.
Service of violation ticket
21. (1) Upon filling out and signing a violation ticket, the peace officer or another complainant who may be authorized by the Attorney General shall deliver the violation ticket to the person charged with an offence by it or posted by registered mail to the person charged at his or her last known place of residence and that either delivery or mailing is personal service upon that person.
(2) Service of a violation ticket may be made on a holiday.
(3) Where a violation ticket is not served in accordance with subsection (1), a violation ticket may be used by a peace officer or other complainant to lay a complaint before a justice and may be attached for information purposes to the summons issued by the court.
(4) A violation ticket shall be
(a) signed by the complainant; and
(b) deposited, together with that part of the violation ticket providing for the report of conviction, with the court.
(5) The violation ticket need not be sworn to
(a) before the violation ticket is delivered under subsection (1);
(b) where the charge alleged in the violation ticket is dealt with by a justice under section 22.
(6) Where a trial of a person charged with an offence by a violation ticket is held, the ticket shall be sworn to before or at the beginning of the trial.
(7) Where a justice makes a conviction on a violation ticket, the justice shall complete the court record portion of the violation ticket and the minister shall be notified.
Failure to appear
22. When a person to whom a violation ticket is issued fails to appear before a justice, either in person or by an agent, to respond to the charge contained in the violation ticket, the person shall be considered to not wish to dispute the charge and the justice shall examine the violation ticket and
(a) where the violation ticket is complete and regular on its face, the justice shall proceed with a hearing, enter a conviction in the person's absence and impose the fine that the justice shall think fit;
(b) where the violation ticket is not complete and regular on its face, the justice shall quash the proceeding and inform the person to whom the violation ticket was directed accordingly.
23. Where, not more than 30 days after a person receives notice of his or her conviction under section 22, the person applies, supported by affidavit evidence, to a justice alleging he or she did not have notice of the violation ticket in time to appear in answer to it, and presents the justice with evidence which, in the absence of evidence to the contrary, appears to the justice to be a good defence to the charge, the justice may order that the matter shall be tried.
Trial of matter
24. Where a justice makes an order under section 23, the trial shall take place and the matter shall be determined as if the person had not been convicted in default of appearance.
These regulations, with the exception of sections 4.1, 5, 5.1, 7.1, 7.2, 18, 19, 20, 21, 22, 23 and 24, shall not apply in
(a) the communities of Capstan Island, Cartwright, Charlottetown, Churchill Falls, Forteau, Labrador City, Happy Valley-Goose Bay, LAnse-Amour, LAnse-au-Clair, LAnse-au-Loup, Lodge Bay, Marys Harbour, Northwest River, Paradise River, Pinsent's Arm, Pinware, Port Hope Simpson, Red Bay, Sheshatshit, St. Lewis, Wabush, and West St. Modeste;
(b) provincial highway Route No. 510;
(c) a road that connects a community listed in paragraph (a) to Route No. 510;
provincial highway Route No. 520 between
provincial highway Route No. 500 between the Quebec/Newfoundland and
The Motorized Snow Vehicles and All-Terrain Vehicles (No. 1) Regulations, 1976,
Inventory of Peace Officer Position
Department of Natural Resources
Regional Compliance Manager
Conservation Officer IVs
Conservation Officer IIIs
Conservation Officer IIs
Director of Legislation & Compliance
Chief of Special Investigations
Resource Protection Specialist
Department of Environment and Conservation
Land Management Officers
Park Manager IIs
Park Manager Is
Park Technician IIs
Park Technician Is
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Senior Wildlife Biologists
Ecosystem Management Ecologists
Chief of Endangered Species and Biodiversity
Chief of Wildlife Ecosystem Management Planning
Manager of Salmonier
Manager of Conservation Services
Wildlife Field Technicians
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Department of Fisheries and Aquaculture
Fisheries Inspection Officers
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Director of regional Services
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