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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1163/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1163/96

Motorized Snow Vehicles and All‑Terrain Vehicles Regulations
under the
Motorized Snow Vehicles and All‑Terrain Vehicles Act
(O.C. 96‑240)

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.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Non‑application

        4.   Prohibited operations

        5.   Restrictions

        6.   Operation on highway or railway

        7.   Operation on personal land

        8.   Age of operators

        9.   Use by multiple persons

      10.   Safety equipment required

      11.   Adequate illumination required

      12.   Equipment required

      13.   Noise reducing equipment

      14.   Signs may be erected

      15.   Peace officers

      16.   Insurance required

      17.   Application of Automobile Insurance Act

      18.   Offence and penalty

      19.   Vehicle confiscation

      20.   Violation ticket

      21.   Service of violation ticket

      22.   Failure to appear

      23.   Defence

      24.   Trial of matter

      25.   Non‑application

      26.   Repeal

Schedule


Short title

        1. These regulations may be cited as the Motorized Snow Vehicles and All‑Terrain Vehicles Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Motorized Snow Vehicles and All‑Terrain Vehicles Act;

             (b)  "all‑terrain vehicle", for the purpose of sections 5, 18 and 19, means a wheeled or tracked motorized vehicle designed or adapted for off‑road use;

             (c)  "approved area", for the purpose of section 5, 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,

                   (vii)  lands in Labrador north of 54° latitude, and

                  (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, subsections 8(2) and (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.

134/87 s2; 46/94 s3

Non‑application

        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.

25/89 s1

Prohibited operations

        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.

131/78 s17

Restrictions

        5. (1) A person shall not use or operate an all‑terrain vehicle outside an approved area unless in accordance with these regulations and excepting peace officers while in pursuit of an offender under these regulations or in the case of a medical or public safety emergency.

             (2)  A person shall not tow equipment, supplies or other materials behind an all‑terrain vehicle outside an approved area other than in a proper trailer equipped with low pressure bearing tires.

             (3)  A person shall not use or operate a wheeled all‑terrain vehicle unless the vehicle has low pressure bearing tires.

             (4)  A person shall not use or operate an all‑terrain vehicle equipped with tire chains.

46/94 s4

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.

131/78 s12

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.

131/78 s14

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)  For the purpose of paragraph 21(1)(l) of the Act

             (a)  a person under the age of 16 years shall not operate an all‑terrain vehicle; and

             (b)  no one shall cause or permit a person under the age of 16 years to operate an all‑terrain vehicle,

unless the person is accompanied and supervised by another person who is 19 years of age or older.

             (3)  For the purpose of this section, an operator is accompanied and supervised when the other person is riding on the same vehicle or has visual and voice communication with the operator.

131/78 s13; 134/87 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).

134/87 s5

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.

134/87 s6

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.

131/78 s10

Equipment required

     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.

131/78 s11

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.

131/78 s15

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.

131/78 s18

Peace officers

     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.

131/78 s19; 15/92 s1

Insurance required

     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 in respect of a vehicle or motorized snow vehicle

is guilty of an offence upon summary conviction and is liable to a fine of $250 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

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.

25/89 s3

Offence and penalty

     18. (1) A person who contravenes or fails to comply with subsections 5(2), (3) and (4) is guilty of an offence and liable on summary conviction to a fine of $100 and in default of payment to imprisonment for a term not exceeding 15 days.

             (2)  A person who contravenes or fails to comply with subsection 5(1) is guilty of an offence and liable on summary conviction

             (a)  for the first offence to a fine of $200 and in default of payment to imprisonment for a term not exceeding 30 days;

             (b)  for a second or subsequent offence a fine of $500 and in default of payment to imprisonment of a term not exceeding 60 days.

             (3)  A person convicted of an offence contrary to section 5 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.

46/94 s5

Vehicle confiscation

     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 section 5.

             (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, 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.

             (6)  Where a person is charged with an offence contrary to section 5 but there is no conviction, the Provincial Court judge shall order redelivery of the all‑terrain vehicle to the person from whom it was seized.

             (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).

             (8)  The Provincial Court judge to whom an application is made under subsection (7) shall fix a day not less than 10 days after the date of filing of the application for the hearing of it.

             (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.

           (10)  Where, upon the hearing of an application, it is made to appear to the satisfaction of a Provincial Court judge that the forfeited vehicle was stolen from the applicant, the applicant is entitled to an order that the forfeited vehicle be redelivered to the applicant.

           (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).

46/94 s6

Violation ticket

     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.

46/94 s7

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.

46/94 s8

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.

46/94 s9

Defence

     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.

46/94 s10

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.

46/94 s11

Non‑application

     25. These regulations, with the exception of sections 5, 18, 19, 20, 21, 22, 23 and 24 shall not apply in Labrador except for the communities of Labrador City, Wabush, Churchill Falls, Goose Bay/Happy Valley, Northwest River, Sheshatshit, L'Anse‑au‑Clair, Forteau, Capstan Island, Pinware, L'Anse‑Amour, L'Anse‑au‑Loup, West St. Modeste, Red Bay and except for provincial highway Route No. 510 and provincial highway Route No. 520 between Happy Valley‑Goose Bay and Northwest River and provincial highway Route No. 500 between the Quebec/Newfoundland border and Goose Bay/Happy Valley.

192/92 s1; 193/92 s1

Repeal

      26. The Motorized Snow Vehicles and All‑Terrain Vehicles (No. 1) Regulations, 1976, Newfoundland Regulation 131/78, the All‑Terrain Vehicles Regulations, 1987, Newfoundland Regulation 134/87, and the All‑Terrain Vehicle Use Regulations, 1994, Newfoundland Regulation 46/94, are repealed.


Schedule

INVENTORY OF PEACE OFFICER POSITIONS

Environment and Labour

Environmental Investigators

Land Management Officers

Fisheries and Aquaculture

Fisheries Inspection Officers

Fisheries Inspection Co‑ordinator

Fisheries Regional Supervisors

Fisheries Field Representatives

Marine Inspectors

Aquaculture Program Manager

Project Co‑ordinators

Aquaculturist

Forest Resources and Agrifoods

(Parks)

Eastern Region

Forest Protection Specialist

District Resource Officers

Forest Technician III's

Forest Ranger II

Central Region

Forest Protection Specialist

Forest Technician III's

District Resource Officers

Forest Ranger II

Western Region

Forest Protection Specialist

District Resource Officers

Forest Technician III's

Labrador Region

Forest Protection Specialist

Forest Ranger III

District Resource Officers

Regional Resource Officer

(Wildlife)

Headquarters Staff ‑ Building 810, Pleasantville

Director

Non‑Game Biologist

Biologists

Chief Biologist

Wildlife Biologist

Wildlife Management Officers

Cartographic Technician

Statistician

Eastern Habitat Joint Venture Co‑ordinator

Chief Wildlife Conservation Officer

Wildlife Protection Officer

Chief of Information and Education (Park Manager)

Information Officer

Hunter Education Co‑ordinator

Salmonier Nature Park Staff

Animal Curator

Wildlife Biologist I

Labourer III

Eastern Region

Wildlife Conservation Officers

Central Region

Wildlife Conservation Officers

Western Region

Wildlife Conservation Officers

Labrador Region

Wildlife Conservation Officers

Wildlife Field Technician

Wildlife Biologist

Municipal and Provincial Affairs

Eastern Region

Development Control Supervisor

Technical Services Inspectors

Grand Falls Office

Technical Services Inspectors

Corner Brook Office

Regional Supervisor

Technical Services Inspectors

RNC/RCMP

All Detachments

46/94 Sch I

(This is the reprinted version reprinted
on January 31, 1997, p.35.)