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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 59/05

NEWFOUNDLAND AND LABRADOR
REGULATION 59/05

Motorized Snow Vehicles and All-Terrain Vehicles
Regulations (Amendment)
under the
Motorized Snow Vehicles and All-Terrain Vehicles Act
(O.C. 2005-411)

(Filed July 14, 2005)

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, July 14, 2005.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.4.1 Added
ATV restriction

        3.   S.5 R&S
Prohibition

        4.   S.8 Amdt.
Age of operators

         5   S.16 Amdt.
Insurance required

        6.   S.18R&S
Offence and penalty

        7.   S.19 Amdt.
Vehicle confiscation

        8.   S.25 Amdt.
Non-application


CNLR 1163/96
as amended

        1. (1) Paragraph 2(b) of the Motorized Snow Vehicles and All-Terrain Vehicles Regulations is repealed.

             (2)  Paragraph 2(c) of the regulations is amended by deleting the word and number "section 5" and substituting the words, comma and numbers "sections 4.1, 5 and 5.1".

             (3)  Paragraph 2(g) of the regulations is amended by deleting the words, figures and comma "subsections 8(2) and (3),".

 

        2. The regulations are amended by adding immediately after section 4 the following:

ATV restriction

      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.

 

        3. Section 5 of the regulations is repealed and the following substituted:

Prohibition

        5. (1) A person shall not use or operate an all-terrain vehicle outside an approved area.

             (2)  Subsection (1) does not apply

             (a)  to a peace officer while in pursuit of a person contravening a law of the province or of Canada; and

             (b)  where there is a medical or public safety emergency that requires the operation of an all-terrain vehicle outside an approved area.

 

        4. Subsections 8(2) and (3) of the regulations are repealed and the following substituted:

             (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.

 

        5. Subsection 16(7) of the regulations is repealed and the following substituted:

             (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.

 

        6. (1)     Section 18 of the regulations is repealed and the following substituted:

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.

 

        7. Subsection 19(1) of the regulations is amended by deleting the words and figures "section 5 or 5.1" and substituting the words and figures "subsection 13.1(2) of the Act and sections 4.1, 5 or 5.1 of these regulations".

 

        8. Section 25 of the regulations is amended by adding immediately after the word "sections" the number and comma "4.1,".