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RSNL1990 CHAPTER M-20

MOTORIZED SNOW VEHICLES AND ALL-TERRAIN VEHICLES ACT

Amended:

RSN1990 cR-8 s44; 1992 c51 s4; NLR 27/97; 1997 c13 s47; 2004 cL-3.1 s50; 2004 c54; 2005 c31; 2012 c37 s1

CHAPTER M-20

AN ACT RESPECTING ALL-TERRAIN VEHICLES

Analysis



Short title

        1. This Act may be cited as the Motorized Snow Vehicles and All-Terrain Vehicles Act.

1973 No83 s1

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Definitions

        2. In this Act

             (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 ;

             (b)  "department" means the department presided over by the minister;

             (c)  "highway" means a highway as defined by the Highway Traffic Act and includes a way that has been considered a highway under section 215 of that Act;

             (d)  "managed trail" means a motorized snow vehicle trail constructed, maintained or operated by the Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. incorporated under the Corporations Act ;

          (d.1)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (e)  "motor vehicle" means a motor vehicle registered under the Highway Traffic Act;

          (e.1)  "motorized snow vehicle" means a tracked vehicle, commonly known as a snowmobile, where the driver sits astride a seat and which is designed for operation over snow covered land and ice;

              (f)  "municipality" means the area in which a council exercises jurisdiction;

             (g)  "owner" means

                      (i)  the person who holds the legal title to a vehicle but, in the case of a vehicle which is the subject of a mortgage, the mortgagor if the mortgagor is entitled to possession of the vehicle,

                     (ii)  in the case of a vehicle which is registered under this Act, the person in whose name it is registered,

                    (iii)  in the case of a vehicle which is the subject of a hire-purchase agreement, the person in possession of the vehicle under the agreement, or

                    (iv)  in the case of a vehicle which is the subject of a conditional sale contract, the buyer under the conditional sale contract if the buyer is entitled to possession of the vehicle;

             (h)  "peace officer" means a peace officer as defined by the Highway Traffic Act and includes a person or class of persons designated in the regulations as a peace officer for the purposes of this Act;

              (i)  "registrar" means the Registrar of Motor Vehicles appointed under theHighway Traffic Act; and

              (j)  "vehicle" means all motorized vehicles designed and constructed for travel on or immediately over land, water, snow, ice, marsh, swampland, and other natural terrain, including four-wheel drive or low-pressure-tire powered vehicles, low-pressure-tire motorcycles and related two-wheel vehicles, snowmobiles, amphibious machines, ground effect or air-cushioned vehicles, but does not include a motor vehicle.

1973 No83 s2; 1978 c26 s1; 1979 c33 Sch C; 1981 c4 Sch E; 1988 c35 s443(13); 1989 c33 Sch B; 1990 cR-8 s44; 2004 c54 s1; 2005 c31 s1

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Labrador Inuit rights

      2.1 This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

2004 cL-3.1 s50

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Prohibition on driving unregistered vehicles

        3. (1) A person shall not drive, cause, allow or permit to be driven a vehicle unless that vehicle is registered according to this section, and insurance requirements, as required by this Act and the regulations, are complied with.

             (2)  The registrar may, upon payment of the fee prescribed by the minister, register a vehicle by issuing a numbered permit describing the vehicle, together with a set of numbered plates or decals, and the registrar shall keep the name of the owner, his or her address, permit number and plate or decal numbers in a suitable file or index, and that file or index shall indicate each registration which has been suspended or cancelled.

             (3)  A person shall not drive a vehicle unless there is affixed to and clearly exposed on each side of that vehicle in a conspicuous position at or toward the front of the vehicle the numbered plates or decals issued under subsection (2).

             (4)  This section does not apply to a vehicle owned by a person who does not live in the province if that vehicle

             (a)  is registered in another jurisdiction and has attached to it valid number plates or decals issued by the proper authority in that jurisdiction; and

             (b)  is not kept in the province for more than 30 consecutive days.

             (5)  Every set of number plates or decals issued under this Act is the property of the Crown, and the person in possession of them shall return them to the registrar when the registrar so requires.

             (6)  The registrar may authorize a dealer in vehicles, who has deposited with him or her a bond by way of cash or other security in an amount satisfactory to the registrar, to issue temporary permits for vehicles for a period that may be prescribed in the regulations, and the regulations may define the duties, including the duty of collection of registration fees, to be carried out by that dealer in vehicles before or at the same time as the issuing of temporary permits.

             (7)  Permits and number plates or decals issued under this section are valid for the period prescribed by the regulations.

1973 No83 s4; 1997 c13 s47

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Change of ownership

        4. Where the ownership of a vehicle that is required to be registered under section 3, other than an all-terrain vehicle, passes from the owner to another owner, whether by act of the owner or by operation of law, notification of the change in ownership shall be made to the registrar in the manner and within the time prescribed by the regulations.

1973 No83 s5; 2005 c31 s2

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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.

2005 c31 s3

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Vehicle to have identifying mark

        5. (1) A vehicle of which the manufacturer's serial number or similar identifying mark has been removed or obliterated shall not be registered.

             (2)  A person who has in his or her possession a vehicle that is

             (a)  in the condition described in subsection (1); or

             (b)  made without a serial number or similar identifying mark,

may file with the registrar satisfactory proof that he or she is the owner of the vehicle, and, upon being satisfied, the registrar may grant authority to the owner to cut or impress on, or attach permanently to, the vehicle a special identifying number or mark, and upon that identifying mark or impression being cut, impressed or attached, subsection (1) shall not apply.

1973 No83 s6

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Return of plates and decals on destruction of vehicles

        6. Where the ownership of a vehicle, which is registered under section 3, passes from the owner to another owner, either by act of the owner or by the operation of law, for the purposes of scrap or destruction, the number plates issued in respect of the vehicle and attached to it shall be returned immediately to the registrar, by the new owner before or immediately after that scrapping or destruction.

1973 No83 s7

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Rentals

        7. (1) A person shall not rent a vehicle for the purpose of being driven by another person unless the 1st named person has obtained a certificate from the registrar.

             (2)  An application for a certificate referred to in subsection (1) shall be made to the registrar with a fee that may be prescribed by the minister, and be in a form and contain particulars that the registrar shall require, and upon receipt of the application with fee, the registrar may issue the certificate.

             (3)  A person to whom a certificate has been issued under this section shall maintain records containing particulars which may be prescribed in the regulations.

             (4)  A person to whom a certificate is issued under this section shall not rent a vehicle to another person unless

             (a)  the vehicle is registered under subsection 3(2); and

             (b)  the vehicle is covered by a policy of insurance in conformity with, and insuring those persons or classes of persons for amounts which the regulations may prescribe.

1973 No83 s8; 1997 c13 s47

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False statements

        8. (1) A person shall not knowingly make a false statement of fact in an application, declaration, form, affidavit or writing required by this Act or the regulations.

             (2)  Where an owner of a vehicle, which is registered under this Act, changes address, that owner shall, within 10 days of the change, file with the registrar a written notice of his or her change of address, and shall notify in similar manner each subsequent change of address.

1973 No83 s9

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Number plates to be kept clean

        9. (1) When a vehicle is being driven, the driver shall keep the set of numbered plates or decals on it free of mud, dust and other obstructing material, and the driver shall ensure that the view of the plates or decals shall not be obscured or obstructed by a part of the vehicle or equipment or attachment on the vehicle or by the load carried on the vehicle.

             (2)  A person shall not

             (a)  deface, mutilate or alter a number plate or decal issued under this Act;

             (b)  use or permit the use of a defaced, mutilated or altered number plate or decal on a vehicle; or

             (c)  knowingly use or permit the use of a number plate or decal upon a vehicle except as issued for the vehicle.

1973 No83 s10

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Driving on a highway

      10. (1) Except as permitted by this Act and the regulations, a person shall not drive a vehicle upon a highway unless

             (a)  that person is the holder of a class of driver's licence issued under the Highway Traffic Act; and

             (b)  in the case of a person under 19 years of age, that person or the vehicle being driven is insured in the manner provided in the regulations.

             (2)  Notwithstanding subsection (1), a council may make regulations permitting the driving of vehicles or a class of vehicles along or across a highway or part of a highway in a municipality, but where the management and control of the highway or part of it within a municipality is vested in the minister, the prior written approval of the minister to the making of the regulations shall be obtained.

             (3)  Regulations made under subsection (2) shall be posted at conspicuous places within those areas of the municipality that the council, or the minister, shall determine.

             (4)  The driver of a vehicle shall at all times yield the right of way to drivers of all classes of motor vehicles on a highway.

             (5)  It shall be the duty of an owner of a vehicle, who

             (a)  drives a vehicle on a highway when under the age of 19; or

             (b)  knowingly permits a person under the age of 19 to drive a vehicle on a highway,

to acquire the insurance referred to in subsection (1), and upon the request of a constable to produce true and proper evidence that the driver or vehicle is insured in the manner provided in the regulations.

             (6)  A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on the 1st conviction to a fine of $100 or in default of payment of the fine to 2 days in jail and on each subsequent conviction to a fine of $150 or in default of payment to 3 days in jail.

             (7)  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.

1973 No83 s11; 1989 c33 Sch B; 1992 c51 s4; 2005 c31 s4

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Age prohibition

      11. (1) Unless otherwise prescribed in the regulations, a person under the age of 16 years shall not drive a vehicle unless accompanied by a person who

             (a)  is 16 years of age or older; and

             (b)  if, under the age of 19 years, is properly insured, or on whose behalf there is proper insurance for the operation of that vehicle in accordance with the regulations.

             (2)  Notwithstanding subsection (1), a person under the age of 19 years shall not drive a vehicle unless the person or vehicle is insured in the manner provided in the regulations and subsection 10(5) shall apply with the necessary changes to the owner of the vehicle being driven, as it applies in that subsection to a vehicle being driven on a highway.

1973 No83 s12

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Obligation on owner

      12. The owner of a vehicle shall not knowingly permit a person to drive a vehicle in contravention of sections 10 and 11.

1973 No83 s13

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Offences

      13. (1) A person who operates a vehicle other than an all-terrain vehicle

             (a)  without due care and attention;

             (b)  without reasonable consideration for other persons or property; or

             (c)  while under the influence of intoxicating liquor, narcotics or habit forming drugs,

is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or to imprisonment for a period not exceeding 6 months or to both a fine and imprisonment.

             (2)  A person who operates a vehicle other than 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 not less than $500 and not more than $1,000, or to imprisonment for a period not exceeding 6 months, or to both a fine and imprisonment.

1973 No83 s14; 1975 No57 s2; 2005 c31 s5

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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.

2005 c31 s6

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Suspensions and cancellations

      14. The registrar may cancel, or suspend for a period that he or she may determine, the registration of a vehicle owned by a person who is guilty of an offence under this Act or the regulations.

1973 No83 s15

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Accidents

      15. (1) When an accident occurs, the driver or other person in charge of a vehicle that is involved in the accident shall

             (a)  remain at, or immediately return to and remain at, the scene of the accident for a reasonable period of time;

             (b)  give all reasonable assistance; and

             (c)  provide to a peace officer, a person sustaining loss or injury and to a witness while at the scene of the accident, or later if required by any of them to do so

                      (i)  the name and address of the driver or person in charge,

                     (ii)  if the driver, as the person in charge, is not the owner, the name and address of the owner of the vehicle, and

                    (iii)  the plate, decal or temporary permit number of the vehicle,

or the information that is requested.

             (2)  The driver of a vehicle that collides with a vehicle or motor vehicle that is unattended shall stop and shall

             (a)  where practicable, locate the person in charge of the unattended vehicle or motor vehicle and notify that person of the name and address of the driver and the plate, decal or temporary permit number of the colliding vehicle; or

             (b)  where not practicable, leave in a conspicuous place in or upon the vehicle or motor vehicle collided with, a written notice giving the name and address of the driver and the plate, decal or temporary permit number of the colliding vehicle.

             (3)  The driver of a vehicle involved in an accident resulting in damage to property, other than that referred to in subsection (2), shall take reasonable steps to locate the person owning or in charge of the property and notify that person of the accident and of the name and address of the driver and the plate, decal or temporary permit number of the vehicle, or if, the driver cannot locate the owner or person in charge of the property, he or she shall report the details referred to in this section to a peace officer having jurisdiction in the area where the accident occurred.

1973 No83 s16

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Report of accident

      16. (1) Where an accident results in injury or death to a person or in property damage to an apparent extent of $200 or more, the driver of a vehicle involved in the accident shall, if physically capable of doing so, within 24 hours, make a written report containing full information respecting the accident and the injury or death to a peace officer having jurisdiction in the area where the accident occurred.

             (2)  Where the driver is physically incapable of making the report required by subsection (1), and there is another occupant of the vehicle physically capable of making the report, that occupant shall make the report to be made by the driver within the period required.

             (3)  Where a report is not made under subsection (1) or (2), and neither the driver nor an occupant is the owner of the vehicle, the owner shall, within 24 hours after learning of the accident, make the report.

             (4)  Where the driver and the occupant of the vehicle are physically incapable of making the report within the time required by subsection (1), the driver or the occupant shall make the report immediately after becoming physically capable of making it.

1973 No83 s17

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Garages, etc. to report serious accidents

      17. Where a vehicle, that shows evidence of having been involved in a serious accident or having been struck by a bullet, is brought by a person into a public garage or repair shop, parking station or lot, used-car lot or other place of deposit, the person in charge of the place into which the vehicle is brought shall immediately report that fact to a peace officer having jurisdiction within the area of that place, giving the name and address of the person who deposited the vehicle and a description of the vehicle, but a report need not be made under this subsection if the owner or operator of the vehicle

             (a)  is the person in charge of the place into which the vehicle is brought; and

             (b)  has made a proper report under section 16 or 17.

1973 No83 s18

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Judge to report conviction

      18. A judge who convicts a person for an offence committed under this Act or the regulations, shall, as soon as possible after the conviction, make a written report to the registrar giving particulars of the offence, the name and address of the driver of the vehicle involved, and the registered number of the vehicle.

1973 No83 s19

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Peace officer to forward report

      19. (1) A copy of every report or statement made or provided to a peace officer under section 15, 16 or 17 shall be forwarded by the peace officer to the registrar.

             (2)  A report or statement made or provided under section 15, 16 or 17

             (a)  is not open to public inspection; and

             (b)  is not admissible in evidence in a trial arising out of the accident except to prove

                      (i)  compliance with section 15, 16 or 17, or

                     (ii)  falsity in a prosecution under subsection (4).

             (3)  Notwithstanding subsection (2), where a person or an insurance company has paid or may be liable to pay for damages resulting from an accident in which a vehicle is involved, the person or insurance company and a solicitor, agent or other representative of the person or company is entitled to receive from the registrar information which may appear in a report forwarded to him or her under section 18 or subsection (1) in respect of

             (a)  the date, time and place of the accident;

             (b)  the identification of vehicles and other vehicles or motor vehicles involved in the accident;

             (c)  the names and addresses of parties to or involved in the accident;

             (d)  the names and addresses of witnesses to the accident;

             (e)  the names and addresses of persons or bodies to whom the report was made;

              (f)  the name and address of a peace officer who investigated the accident;

             (g)  the weather and driving conditions at the time of the accident; and

             (h)  an estimate of damages sustained by a person involved in the accident.

             (4)  A person shall not make a false statement in a report made or purported to be made under section 15, 16 or 17.

1973 No83 s20

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Vehicle safety standards

      20. (1) A person shall not sell, offer for sale, have in possession for sale, or deliver for sale, in the province

             (a)  a new vehicle; or

             (b)  equipment and components of a vehicle,

unless that vehicle or equipment and components comply with all safety standards prescribed by the Motor Vehicles Safety Act (Canada ) and regulations under that Act.

             (2)  A person shall not modify or alter a vehicle or replace equipment or components of a vehicle in a manner or to an extent that the vehicle no longer complies with the safety standards prescribed by the Motor Vehicle Safety Act (Canada ) and regulations under that Act.

1973 No83 s21

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Prohibition re: snowmobile trails

   20.1 (1) A person shall not operate a motorized snow vehicle on a managed trail in the province except in accordance with the regulations.

             (2)  An action or other proceeding shall not lie against an owner or occupier of land, a municipality, Her Majesty in Right of the province, a minister of the Crown, or an employee, officer or agent of them for an injury, loss or damage suffered as a result of or arising out of a person using, operating, riding or being towed by a motorized snow vehicle on a managed trail.

             (3)  An action or other proceeding shall not lie against Her Majesty in Right of the province, a minister of the Crown, or an employee, officer or agent of them

             (a)  in respect of an act done or omitted to be done by them or another person in good faith in the execution or intended execution of a duty or power under regulations made under paragraphs 21(1)(f.1) to (f.5); and

             (b)  in respect of a tort committed by the Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. or their designates, employees or agents.

2004 c54 s2

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Regulations

      21. (1) The Lieutenant-Governor in Council may make regulations

             (a)  prescribing rules for driving vehicles upon a highway, or a place not being a highway, and requiring compliance with those rules by a person driving a vehicle and prescribing those rules by adopting and constituting as regulations by reference to them to any of the provisions of the Highway Traffic Act;

             (b)  designating persons, by class, group or otherwise, as constables for the purpose of this Act;

          (b.1)  prescribing the powers of a peace officer to establish check stations to ensure compliance with the Act and the regulations;

             (c)  requiring or prohibiting the use or incorporation of equipment or a device in or on vehicles and prescribing, where applicable, the specifications for them;

             (d)  providing for registration of vehicles and for the duration of validity, issue, renewal, or replacement of permits, temporary permits, number plates and decals issued under this Act;

             (e)  [Rep. by 1997 c13 s47]

              (f)  providing, for the purposes of subsection 3(6), for the issuing by dealers of temporary permits for vehicles and prescribing the powers and duties of dealers in the matter of collection and remitting registration fees for issuing;

           (f.1)  providing for the compulsory purchase of trail use permits and identification of that purchase by the affixation of stickers or other identifying markers to motorized snow vehicles operating on managed trails established and maintained by specified bodies;

           (f.2)  establishing the duties and responsibilities of bodies referred to in paragraph (f.1);

           (f.3)  providing for the exemption of persons, groups, or other bodies from the application of regulations made with respect to paragraphs (f.1) to (f.5);

           (f.4)  providing for the allocation of powers and duties of bodies referred to in paragraph (f.1) to designates;

           (f.5)  requiring that the bodies referred to in paragraph (f.1) obtain insurance;

             (g)  [Rep. by 1997 c13 s47]

             (h)  respecting certificates issued under section 7, the records to be maintained by holders of the registration of vehicles owned by holders, and the type and amount of insurance to be carried;

              (i)  [Rep. by 1997 c13 s47]

              (j)  prescribing the amount and type of minimum insurance coverage in respect of vehicles or persons requiring insurance under this Act;

             (k)  prohibiting the driving of vehicles, or a class or type of vehicle, or regulating or restricting the use of those vehicles, class or type within the province or locations or areas within the province defined either in the regulations or an order made under subsection (4) and for the purpose of the prohibition, regulation or restriction, prescribing penalties for non-compliance or contravention of them upon summary conviction;

              (l)  notwithstanding subsection 11(1), prohibiting the driving of vehicles or a type or class of vehicle by persons under an age to be specified in the regulations, but that age shall never be less than 12 years, with power to make consequential amendments to this Act that may be necessary or expedient to give proper effect to the age limitation prescribed;

            (m)  [Rep. by 1997 c13 s47]

             (n)  exempting an area of the province or a vehicle or class or description of vehicles from this Act or of the regulations;

             (o)  providing for the holding of inquiries into the operation of the administration of this Act and for the appointment of a person to hold an inquiry, with power to provide that the person holding the inquiry shall have the powers that are or may be conferred upon a commissioner under the Public Inquiries Act; and

             (p)  generally, to give effect to the purpose of this Act.

             (2)  Regulations made under this section may be limited as to time or place or both.

             (3)  Different regulations may be made under this section with respect to different areas of the province or different vehicles or different classes or descriptions of vehicles.

             (4)  For the purpose of regulations made under paragraph (1)(k), the Lieutenant-Governor in Council may by order published in the Gazette, define locations to which regulations made under that paragraph apply, but where there is an inconsistency between an area defined in the regulations and an order made under this subsection, the regulations shall prevail.

             (5)  For the purpose of regulations under paragraph (f.1), the minister may authorize the charging of fees for trail use permits and those fees shall not be considered to be public money for the purpose of the Financial Administration Act .

1973 No83 s22; 1974 No110 s2; 1989 c33 Sch B; NLR 27/97; 1997 c13 s47; 2004 c54 s3; 2012 c37 s1

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Fees and forms

   21.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

1997 c13 s47

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Offence

      22. (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.

2005 c31 s7