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First
Session, 50th General Assembly 70 Elizabeth II, 2021 |
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AN ACT RESPECTING
OFF-ROAD VEHICLES |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................
Amendment
Nov. 1, 2021 |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE SARAH STOODLEY Minister of Digital Government and Service Newfoundland and Labrador |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would enact the Off-Road Vehicles Act and repeal the Motorized Snow Vehicles and All-Terrain Vehicles Act. The Bill would revise the law respecting the operation of off-road vehicles in the province. A BILL AN ACT RESPECTING OFF-ROAD VEHICLES Analysis 1. Short title 2. Definitions 3. Labrador Inuit rights 4. Exemption from Act and regulations 5. Registration of off-road vehicle 6. Vehicle to have identifying mark 7. Suspension and cancellation of registration 8. Notice of change of address 9. Notice of change of ownership 10. Plate or decal 11. Return of plate or decal 12. Prohibitions 13. Operating off-road vehicle outside an approved area 14. Operating off-road vehicle on a highway 15. Operating off-road vehicle in a municipality 16. Permit for special events 17. Operating off-road vehicle across a railway 18. Passengers 19. Trailers 20. Helmet 21. Equipment 22. Age prohibition 23. Owner's duties 24. Supervisor's duties 25. Signs 26. Rentals 27. Peace officers 28. Accidents 29. Report of accident by operator, owner or passenger 30. Report of accident by person in charge 31. Report of accident to registrar 32. Accident reports 33. Information release – non-reportable accidents 34. Information release – reportable accidents 35. Vehicle safety standards 36. Managed trail 37. Offences 38. Report to registrar 39. Regulations 40. Fees and forms 41. RSNL1990 cH-3 Amdt. 42. SNL1995 cP-31.1 Amdt. 43. RSNL1990 cY-1 Amdt. 44. NLR 118/96 Amdt. 45. NLR 39/17 Amdt. 46. NLR 54/03 Amdt. 47. CNLR 1007/96 Amdt. 48. NLR 62/09 Amdt. 49. NLR 78/99 Amdt. 50. NLR 91/97 Amdt. 51. NLR 59/03 Amdt. 52. RSNL1990 cM-20 rep. 53. Commencement Schedule Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Off-Road Vehicles
Act. Definitions 2. In this Act (a) "all-terrain vehicle" means a side by side and any other off-road vehicle that has (i) either 3 or more wheels or has tracks, (ii) a seat designed to be straddled by the operator of the off-road vehicle, and (iii) handlebars for steering the off-road vehicle; (b) "approved area" means (i) forested lands underlain by mineral soil, (ii) a trail constructed under a 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 in the Forestry Act, roads constructed under a licence issued under the Lands Act, and any other road constructed for the purpose of providing vehicular access to resources including 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, (viii) any lands when snow-covered and frozen below the ground surface, and (ix) other lands prescribed in the regulations; (c) "council" means the St. John's City Council, the Corner Brook City Council, the Mount Pearl City Council and a council of a town, community or region constituted or continued under the Municipalities Act, 1999; (d) "department" means the department presided over by the minister; (e) "disability-related modification" means a modification that is certified, in writing, by either the manufacturer of the off-road vehicle or a dealership authorized by the manufacturer of the off-road vehicle; (f) "highway" means a highway as defined in the Highway Traffic Act and includes a way that has been considered a highway under section 215 of the Highway Traffic Act; (g) "managed trail" means an off-road vehicle trail constructed, maintained or operated by a managed trail operator; (h) "managed trail operator" means an organization approved by the minister under subsection 36 (1) to construct, maintain or operate a managed trail; (i) "minister" means the minister appointed under the Executive Council Act to administer this Act; (j) "mobility aid" means a wheelchair or other device, whether motorized or not, designed and being used to facilitate the transport, in a normal seated orientation, of a person with a physical disability, including a physical limitation on the ability to walk or move; (k) "motor vehicle" means a motor vehicle registered under the Highway Traffic Act; (l) "motorized snow vehicle" means a tracked off-road 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; (m) "municipality" means the area in which a council exercises jurisdiction; (n) "off-road vehicle" means a wheeled or tracked motorized vehicle designed or adapted for cross-country travel on land, water, ice, snow, marsh, swamp land or other natural terrain including (i) a motorized snow vehicle, (ii) an all-terrain vehicle, (iii) a mini-bike, dirt-bike and trail-bike, (iv) a miniature vehicle such as a dune or sport buggy, (v) an off-road maintenance machine, and (vi) an amphibious vehicle, but not including agricultural equipment, infrastructure equipment or a garden lawnmower, lawn tractor or golf cart; (o) "owner" means (i) the person in whose name an off-road vehicle is registered, and (ii) in the case of an off-road vehicle which is the subject of a loan agreement or a rent-to-buy agreement, the party to the agreement that is entitled to possession of the off-road vehicle; (p) "peace officer" means (i) a member of the Royal Newfoundland Constabulary, (ii) a member of the Royal Canadian Mounted Police stationed in the province, (iii) a member of a municipal police force, (iv) a park warden appointed under the Public Service Employment Act (Canada) stationed in the province, (v) a wild life officer appointed under the Wild Life Act, (vi) an officer appointed under the Provincial Parks Act, and (vii) a person designated as a peace officer in the regulations; (q) "pedestrian" means (i) a person on foot, (ii) a person in or on a mobility aid, or (iii) a child in a carriage or sleigh; (r) "registrar" means the Registrar of Motor Vehicles appointed under the Highway Traffic Act; (s) "side by side" means an off-road vehicle, other than a dune buggy, that is designed by the manufacturer to have (i) side by side seating for the operator and at least one passenger, (ii) a steering wheel, and (iii) either 4 or more wheels or have tracks; (t) "supervisor" means a person who (i) satisfies the criteria prescribed in subsection 22(1), and (ii) supervises the operation of an off-road vehicle by a person under the age of 16 years; and (u) "trailer" means a vehicle which has no motive power of its own and which is attached to an off-road vehicle. Labrador Inuit rights 3. 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. Exemption from Act and regulations 4. The Lieutenant-Governor in Council may, by regulation, exempt an area of the province or an off-road vehicle or class of off-road vehicles from this Act or the regulations. Registration of off-road vehicle 5. (1) The owner of an off-road vehicle shall before operating the off-road vehicle apply to the registrar for registration of the off-road vehicle. (2) An application for registration shall (a) be submitted to the registrar in the form set by the registrar; (b) state the name and mailing address of the owner of the off-road vehicle; (c) provide a description of the off-road vehicle, including the make, model, type of body and manufacturer's serial number or other identifying mark on the off-road vehicle; (d) state the purchase price of the off-road vehicle and whether a tax in respect of the off-road vehicle has been paid; and (e) include any other information requested by the registrar. (3) Where
a person applying for registration of an off-road vehicle in accordance with
subsection (1) has not previously registered an off-road vehicle under this Act
or the Motorized Snow Vehicles and All-Terrain Vehicles Act, the person
shall (a) complete
the training approved by the registrar; and (b) provide proof of completion of training satisfactory to the registrar with its application under subsection (2). (4) The registrar may register an off-road vehicle and issue a permit describing the off-road vehicle together with a plate or decal where the owner of the off-road vehicle (a) submits an application with the information prescribed in subsection (2); (b) submits proof of completion of training where subsection (3) applies; and (c) pays the required fee. (5) The registrar may refuse to register an off-road vehicle where the owner of the off-road vehicle (a) owes money to the Crown on account of an assessment under Part VIII of the Revenue Administration Act or under Part IX of the Excise Tax Act (Canada) in respect of the off-road vehicle; or (b) has been convicted of an offence under this Act, regulations made under this Act or the Criminal Code arising out of the use or operation of that or another off-road vehicle and has not paid the fine or served the term of imprisonment imposed by the convicting court in respect of the offence. (6) A person shall not knowingly make a false statement in an application. (7) The registrar shall keep a record of each registration which shall include the following information: (a) the name and address of the owner of the off-road vehicle; (b) the permit number of the off-road vehicle; and (c) the plate or decal number of the off-road vehicle. (8) A person shall not operate an off-road vehicle unless the plate or decal issued under this section is affixed to and clearly visible on the off-road vehicle. (9) This section does not apply to an off-road vehicle owned by a person who does not live in the province if the off-road vehicle (a) is registered in another jurisdiction and has attached to it a valid plate or decal issued by the proper authority in that jurisdiction; and (b) is not kept in the province for more than 30 consecutive days. (10) A permit, plate or decal issued under this section is valid for the period prescribed in the regulations. Vehicle to have identifying mark 6. (1) The registrar shall not register an off-road vehicle where the manufacturer's serial number or similar identifying mark has been removed from the off-road vehicle. (2) Notwithstanding subsection (1), the registrar may register an off-road vehicle where the manufacturer's serial number or similar identifying mark was removed from the off-road vehicle or the off-road vehicle was made without a serial number or identifying mark where the person applying for registration (a) submits proof satisfactory to the registrar that the person is the owner of the off-road vehicle; and (b) permanently attaches to the off-road vehicle an identifying number or mark satisfactory to the registrar. Suspension and cancellation of registration 7. (1) The registrar may suspend or cancel the registration of an off-road vehicle owned by a person who is found guilty of an offence under this Act or the regulations. (2) Where the registration of an off-road vehicle is suspended or cancelled under subsection (1), the registrar shall indicate the suspension or cancellation in the record kept under subsection 5(7). (3) Before reinstating the registration of an off-road vehicle that has been suspended or cancelled under subsection (1), the registrar shall require the owner of the off-road vehicle to complete training approved by the registrar and provide proof of completion of the training in accordance with the regulations. Notice of change of address 8. Where the address of an owner of an off-road vehicle registered under this Act changes, the owner shall notify the registrar in writing within 10 days of the change. Notice of change of ownership 9. Where there is a sale or other transfer of ownership of an off-road vehicle, the transferor and the transferee shall notify the registrar in writing in the form set by the minister within 10 days after the transfer takes place. Plate or decal 10. (1) An operator of an off-road vehicle shall, when the off-road vehicle is being operated, (a) keep the plate or decal on the off-road vehicle free of mud, dust and other obstructing material; and (b) ensure that the view of the plate or decal is not obstructed by (i) a part of the off-road vehicle, (ii) equipment or an attachment on the off-road vehicle, or (iii) the load carried on the off-road vehicle. (2) A person shall not (a) deface, mutilate or alter a plate or decal issued under this Act; (b) use or permit the use of a defaced, mutilated or altered plate or decal on an off-road vehicle; or (c) knowingly use or permit the use of a plate or decal on an off-road vehicle except as issued for the off-road vehicle. Return of plate or decal 11. (1) Every plate or decal issued under this Act is the property of the Crown and the person in possession of a plate or decal shall return the plate or decal to the registrar where requested by the registrar. (2) Where the ownership of an off-road vehicle
registered under section 5 is transferred from one person to another person for
the purposes of scrap or destruction, the person acquiring ownership of the
off-road vehicle shall return the plate or decal issued in respect of the
off-road vehicle to the registrar before or immediately after the scrapping or
destruction. Prohibitions 12. (1) A person shall not operate, or permit to be operated, an off-road vehicle that (a) is not registered in accordance with this Act and the regulations; (b) is not insured in accordance with the regulations; or (c) does not have a plate or decal affixed to and clearly visible on the off-road vehicle. (2) A person shall not operate an off-road vehicle (a) without having completed the training approved by the registrar where this Act requires that the person complete training; (b) without due care and attention; (c) without reasonable consideration for other persons or property; (d) while under the influence of intoxicating liquor, narcotics or habit forming drugs; or (e) to chase, harass, injure or kill wildlife. (3) A person shall not operate an off-road vehicle referred to in subparagraph 2(n)(iii) unless (a) the person is able to sit astride the off-road vehicle with both feet touching the ground; or (b) the off-road vehicle is equipped with an approved disability-related modification. (4) A person shall not operate a side by side unless the person is able to sit with the seatbelt fastened and (a) both feet flat on the floor; or (b) the off-road vehicle is equipped with an approved disability-related modification. (5) A person shall not operate an off-road vehicle in a manner that (a) may cause damage to property; (b) creates or constitutes a danger to operators or passengers of other off-road vehicles being operated in the same area; or (c) creates or constitutes a danger to persons engaged in skiing, skating, tobogganing or other outdoor recreational activities in the same area. Operating off-road vehicle outside an approved area 13. A person shall not operate an off-road vehicle outside an approved area except in accordance with the regulations. Operating off-road vehicle on a highway 14. (1) A person shall not operate an off-road vehicle on a highway except in accordance with subsection (2) and the regulations. (2) A person who holds a class of driver's licence issued under the Highway Traffic Act or who is supervised in accordance with subsection 22(1) may operate an off-road vehicle (a) across a highway where the operator has not less than 150 metres visibility in both directions along the highway; (b) along a highway to access a trail where (i) the off-road vehicle is operated on the shoulder of the highway for a maximum distance of 1 kilometre and yields to motor vehicle traffic, and (ii) the off-road vehicle is operated at a speed of not more than 20 kilometres an hour; or (c) along a highway where by reason of adverse weather conditions the highway is incapable of being used by motor vehicles. (3) Where a person operates an off-road vehicle along a highway under the authority of paragraph (2)(c), the off-road vehicle shall not interfere with snow clearing or other operations being carried out on the highway. (4) An operator of an off-road vehicle shall at all times yield the right of way to (a) drivers of all classes of motor vehicles on a highway; (b) pedestrians on a highway; and (c) persons riding bicycles on a highway. Operating off-road vehicle in a municipality 15. (1) Notwithstanding subsection 14(1), a council may make regulations permitting the operation of off-road vehicles or types of off-road vehicles on a highway or part of a highway in a municipality but where the management and control of the highway or a part of it is vested in the minister, the approval of the minister is required before making the regulations. (2) Regulations made under subsection (1) shall be posted at conspicuous places within the areas of the municipality that the council or minister determines. Permit for special events 16. (1) Notwithstanding subsection 14(1), the minister or the minister's designate may issue a permit to a person or organization authorizing off-road vehicles to be operated on a highway to participate in parades or special events. (2) The minister or the minister's designate may impose terms and conditions on the permit referred to in subsection (1) to ensure the safety of other persons and the person or organization to whom the permit is issued shall comply with the terms and conditions. Operating off-road vehicle across a railway 17. A person may operate an off-road vehicle across a railway where (a) the off-road vehicle crosses the railway at a railway crossing; and (b) the off-road vehicle is first brought to a full stop and yields to all traffic on the railway. Passengers 18. A passenger may ride an off-road vehicle in accordance with the regulations. Trailers 19. (1) A person shall not operate an off-road vehicle with a trailer unless the trailer is equipped with (a) at least one red reflector at the rear of the trailer, either separate from or incorporated within the tail lamp; and (b) a hitch or attachment that (i) is designed so that the trailer substantially follows in the tracks of the off-road vehicle, (ii) is strong enough to safely control the trailer being towed, (iii) is not more than 1.83 metres long, and (iv) prevents the trailer from colliding with the off-road vehicle during travel downhill and when the off-road vehicle stops. (2) A person shall not operate an off-road vehicle with a trailer carrying one or more passengers on or across a highway. (3) Notwithstanding subsection (2), a person may operate an off-road vehicle with a trailer carrying one or more passengers on or across the highway where the passengers are non-ambulatory. Helmet 20. (1) The operator and all
passengers riding an off-road vehicle and a passenger being towed in a trailer shall
wear a helmet that (a) conforms to the requirements prescribed in the
regulations; and (b) is properly fitted and has the fastening device
secured. (2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may, by regulation, exempt a person from the requirement to wear a helmet. Equipment 21. A person shall not operate an off-road vehicle unless it has the equipment prescribed in the regulations and the equipment is in good working order. Age prohibition 22. (1) A person under 16 years of age shall not operate an off-road vehicle unless the person (a) is supervised by a person who (i) is 18 years of age or older, and (ii) has a valid driver's licence; and (b) has completed the training approved by the registrar. (2) A person under 13 years of age shall not operate an off-road vehicle with an engine size of greater than 125 cc. (3) For the purposes of this section an operator of an
off-road vehicle is supervised when, at all times the operator is using the
off-road vehicle, the person supervising is able to (a) see the operator and be seen by the operator; and (b) provide immediate direction to the operator. (4) A person referred to in subsection (1) may, in accordance with the regulations, be required to provide proof of completion of the approved training. Owner's duties 23. The owner of an off-road vehicle shall ensure that every person who operates the owner's off-road vehicle (a) is supervised, where this Act requires that the person be supervised when operating an off-road vehicle; (b) has completed the training approved by the registrar where the registrar has approved training and this Act requires that the person complete the training; and (c) uses the safety equipment in accordance with this Act and the regulations. Supervisor's duties 24. A supervisor shall ensure that a person being supervised (a) has completed the training approved by the registrar; and (b) uses the safety equipment in accordance with this Act and the regulations. Signs 25. (1) The minister may erect or cause to have erected signs respecting the operation of off-road vehicles. (2) An operator of an off-road vehicle shall obey a sign erected in accordance with subsection (1). Rentals 26. (1) A person shall not provide an off-road vehicle for rental to a person unless the person renting the off-road vehicle holds a valid driver's licence. (2) A person who provides off-road vehicles for rental shall (a) inspect the driver's licence of each person renting an off-road vehicle; and (b) keep a record in relation to each rental. (3) A record referred to in subsection (2) shall include (a) the plate or decal number of the off-road vehicle; (b) the name, permanent address and temporary address, if applicable, of the person renting the off-road vehicle; and (c) the driver's licence number of the person renting the off-road vehicle. (4) A record referred to in this section shall be open for inspection by a peace officer. Peace officers 27. (1) A peace officer may establish check stations to ensure compliance with this Act and the regulations. (2) An operator of an off-road vehicle shall stop at a check station when directed by a peace officer or by a sign posted by a peace officer. (3) An operator of an off-road vehicle shall give the operator's correct name, date of birth and address to a peace officer on demand. (4) A peace officer may seize an off-road vehicle in accordance with the regulations. Accidents 28. (1) An operator of an off-road vehicle that is involved in an accident shall (a) remain at, or immediately return to and remain at, the scene of the accident for a reasonable period of time; (b) provide reasonable assistance; and (c) provide to a peace officer, a person sustaining loss or injury or a witness (i) the name and address of the operator, (ii) the name and address of the owner of the off-road vehicle where the operator is not the owner, (iii) the plate, decal or temporary permit number of the off-road vehicle, and (iv) other information that is requested by a peace officer. (2) Where the operator of an off-road vehicle is involved in an accident with an off-road vehicle or a motor vehicle that is unattended, the operator of the off-road vehicle shall (a) where practicable, locate the person in charge of the unattended off-road vehicle or motor vehicle and provide to that person the information in subparagraphs (1)(c)(i) to (iii); or (b) where not practicable, leave the information in subparagraphs (1)(c)(i) to (iii) in a conspicuous place in or on the off-road vehicle or motor vehicle. (3) Where an operator of an off-road vehicle is involved in an accident that results in damage to property, other than property referred to in subsection (2), the operator of the off-road vehicle shall take all reasonable steps to locate the owner of the property or the person in charge of the property and provide to that person the information in subparagraphs (1)(c)(i) to (iii). (4) Where an operator referred to in subsection (3) cannot locate the owner or person in charge of the property, the operator shall report the information in subparagraphs (1)(c)(i) to (iii) to a peace officer having jurisdiction in the area where the accident occurred. (5) Where the operator of an off-road vehicle is supervised the duties prescribed in this section apply to the supervisor. Report of accident by operator, owner or passenger 29. (1) Where the operator of an off-road vehicle is involved in an accident that results in injury or death or in property damage to an apparent extent of $2,000 or more, the operator of the off-road vehicle shall within 24 hours of the accident, if physically capable of doing so, make a written report respecting the accident to a peace officer having jurisdiction in the area where the accident occurred. (2) Where the operator is physically incapable of making the report required under subsection (1) and there is a passenger in the off-road vehicle that is physically capable of making the report, the passenger shall make the report within 24 hours of the accident. (3) Where a report is not made under subsection (1) or (2) and neither the operator nor passenger is the owner of the off-road vehicle, the owner shall within 24 hours after learning of the accident, make the report. (4) Where the operator and the passenger of the off-road vehicle are physically incapable of making the report within the time required by subsection (1), the operator or the passenger shall make the report immediately after becoming physically capable of making it. Report of accident by person in charge 30. (1) Where an off-road vehicle that shows evidence of having been involved in a serious accident or having been struck by a bullet is brought by a person to a garage, repair shop, parking lot, dealership or other place of deposit, the person in charge of the place into which the off-road 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 off-road vehicle and a description of the off-road vehicle. (2) Notwithstanding subsection (1), a report is not required where the owner or operator of the off-road vehicle (a) is the person in charge of the place where the vehicle is brought; and (b) has made a report in accordance with section 28 or 29. Report of accident to registrar 31. A copy of every report or statement made or provided to a peace officer under section 28, 29 or 30 shall be forwarded by the peace officer to the registrar. Accident reports 32. (1) A person shall not make a false statement in a report made or purporting to be made under section 28, 29 or 30. (2) A report or statement made or provided under section 28, 29 or 30 (a) is not open to public inspection; and (b) is not admissible in evidence for any purpose in a trial arising out of the accident except to prove (i) compliance with section 28, 29 or 30, or (ii) falsity in a prosecution for making a false statement in a report or statement. (3) In a prosecution for a violation of section 28, 29 or 30, a certificate purporting to be signed by the registrar that a required report has or has not been made is, in the absence of evidence to the contrary, proof of the facts stated in the certificate. (4) In a prosecution for a failure to make a report required under section 28, 29 or 30 in respect of an accident the place of the offence shall be considered to be the place where the accident occurred. Information release – non-reportable accidents 33. (1) Where an accident is not reported under section 28, 29 or 30 and the registrar has received written confirmation of an accident, in a manner acceptable to the registrar, by either of the parties involved in the accident, the registrar may release the information referred to in subsection (2) to (a) a person involved in the accident; (b) a person or an insurance company that has paid or may be liable to pay damages resulting from the accident; or (c) a solicitor, agent or other representative of the person or insurance company. (2) The registrar may, under the authority of subsection (1), release the following information: (a) the identification of the off-road vehicles or motor vehicles involved in the accident; (b) the name and address of the registered owner of the off-road vehicles or motor vehicles; and (c) the name and address of an insurance company that has issued a policy insuring a party to or a person involved in an accident, together with the policy number applicable to that policy. Information release – reportable accidents 34. (1) Where an accident is reported under section 28, 29 or 30, the registrar may release the information referred to in subsection (2) to (a) the person involved in an accident; (b) a person or an insurance company that has paid or may be liable to pay for damages resulting from the accident; and (c) a solicitor, agent or other representative of the person or insurance company. (2) The registrar may, under the authority of subsection (1), release the following information: (a) the date, time and place of the accident; (b) the identification of the off-road vehicles or motor vehicles involved in the accident; (c) the names and addresses of the 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 highway conditions at the time of the accident; and (h) the name and address of the insurance company that has issued a policy insuring a party to or involved in the accident, together with the policy number. (3) In addition to the information to which a person is entitled under subsection (2), a person is entitled to be informed whether a charge has been laid as a result of an accident in which an off-road vehicle is involved. (4) A person entitled to information under this section shall pay the fee set by the minister to obtain the information. Vehicle safety standards 35. (1) A person shall not sell, offer for sale, have in possession for sale, or deliver for sale, in the province (a) an off-road vehicle; or (b) equipment and components of an off-road vehicle, unless the off-road vehicle or equipment and components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations under that Act. (2) A person shall not modify or alter an off-road vehicle or replace equipment or components of an off-road vehicle in a manner or to an extent that the off-road vehicle no longer complies with the safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations under that Act. Managed trail 36. (1) The minister may approve one or more organizations to construct, maintain or operate a managed trail. (2) A managed trail operator shall perform the duties and functions prescribed in the regulations. (3) A managed trail operator may, in accordance with the regulations, delegate the duties and functions prescribed in the regulations. (4) A person shall not operate an off-road vehicle on a managed trail in the province except in accordance with the regulations. (5) 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 an off-road vehicle on a managed trail. (6) 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 the regulations made under paragraphs 39(1)(l) and (m); and (b) in respect of a tort committed by an organization approved by the minister or their designates, employees or agents. Offences 37. (1) Notwithstanding the Provincial Offences Act, unless otherwise provided by this Act or the regulations, a person who has been convicted of an offence under this Act or the regulations is liable to a fine of not more than the maximum and not less than the minimum amount prescribed for the offence in the Schedule and appearing in that Schedule opposite the number or letter or both of the section, subsection or paragraph and the statement of the offence and in default of payment of the fine or, where no fine is prescribed, to imprisonment for a term not exceeding the maximum and not less than the minimum period prescribed for that offence in that Schedule and appearing there opposite the number or letter of the section, subsection or paragraph and the statement of the offence. (2) A person who is guilty of an offence under this Act or the regulations for which a penalty has not been prescribed in the Schedule shall be liable on summary conviction (a) where the offence is a first offence, to a fine of not less than $100 and not more than $400 and in default of payment of a fine to imprisonment for a period not exceeding 3 months; and (b) where the offence is a second or subsequent offence, to a fine of not less than $200 and not more than $800 and in default of payment of a fine to imprisonment for a period not exceeding 6 months. (3) The Attorney General or a person authorized by the Attorney General in writing may, either before or after the institution of proceedings against a person for a violation of this Act referred to in the Schedule or for another violation of this Act or the regulations, accept from the person alleged to have been guilty of the violation a payment of a sum not less than the minimum nor more than the maximum fine prescribed for the violation. (4) A payment made under subsection (3) constitutes a full satisfaction, release and discharge of all penalties and imprisonments incurred by the person charged for the violation. (5) The payment of an amount under subsection (3) has for the purpose of this Act the same effect as if the person paying the amount had been convicted for the violation in respect of which the amount was paid and a certificate or a copy of a receipt signed by the Attorney General or the person authorized by the Attorney General under subsection (3) to the effect that the amount has been paid is, in the absence of evidence to the contrary, proof of the conviction without further proof. Report to registrar 38. A court which convicts a person of an offence under this Act or the regulations shall transmit to the registrar a report setting out the nature of the conviction and the circumstances of the offence. Regulations 39. (1) The Lieutenant-Governor in Council may make regulations (a) prescribing lands as approved areas; (b) designating peace officers; (c) exempting an area of the province or an off-road vehicle or class or description of off-road vehicles from this Act or the regulations; (d) respecting registration of off-road vehicles including the duration of validity, issue, renewal or replacement of permits, plates and decals issued under this Act; (e) prescribing the amount and type of minimum insurance coverage required for off-road vehicles; (f) respecting proof of completion of approved training; (g) respecting the operation of off-road vehicles outside approved areas; (h) respecting the operation of off-road vehicles on a highway; (i) respecting passengers riding on or in off-road vehicles and passengers being towed in a trailer; (j) requiring or prohibiting the use or incorporation of equipment or a device in or on off-road vehicles or trailers and prescribing, where applicable, the specifications for the equipment or device; (k) prescribing requirements relating to helmets; (l) exempting a person from the requirement to wear a helmet; (m) prescribing safety equipment required for the operator and passenger of an off-road vehicle and for a passenger being towed in a trailer; (n) respecting the seizure of off-road vehicles by peace officers; (o) respecting the operation of off-road vehicles on managed trails, including requiring the mandatory purchase of permits to use a managed trail; (p) prescribing the duties and functions of managed trail operators and the delegation of those duties; (q) prescribing penalties for a contravention of
the regulations; (r) defining a word or phrase used but not defined in this Act; and (s) 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 off-road vehicles or different classes or descriptions of off-road vehicles. (4) For the purpose of regulations under paragraph (1)(o), 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. Fees and forms 40. The minister may set fees and establish forms for the purpose and administration of this Act. RSNL1990 cH-3 Amdt. 41. Section 202.3 of the Highway Traffic Act is amended by deleting the reference "Motorized Snow Vehicles and All-Terrain
Vehicles Act" and substituting the reference "Off-Road Vehicles Act". SNL1995 cP-31.1 Amdt. 42. Subsection
18.1(11) of the Provincial Offences Act is
amended by deleting the reference "Motorized
Snow Vehicles and All-Terrain Vehicles Act" and substituting the
reference "Off-Road Vehicles Act". RSNL1990 cY-1 Amdt. 43. Paragraph 3.1(a) of the Young Persons Offences Act is amended by deleting the reference "Motorized Snow Vehicles and All-Terrain Vehicles Act" and substituting the reference "Off-Road Vehicles Act". NLR 118/96 Amdt. 44. Schedule A of the Amusement Rides and Elevating Devices Regulations under the Public Safety Act is amended by deleting the reference "Motorized Snow Vehicles and All-Terrain Vehicles Act" and substituting the reference "Off-Road Vehicles Act". NLR 39/17 Amdt. 45. Subsection
38(5) of the Child Care Regulations
under the Child Care Act is amended
by deleting the reference "Motorized
Snow Vehicles and All-Terrain Vehicles Act" and substituting the
reference "Off-Road Vehicles Act". NLR 54/03 Amdt. 46. Paragraph
48(2)(b) of the Environmental Assessment
Regulations, 2003 under the Environmental
Protection Act is amended by deleting the reference "Motorized Snow Vehicles and All-Terrain
Vehicles Act" and substituting the reference "Off-Road Vehicles Act". CNLR 1007/96 Amdt. 47. Paragraph 21(3)(c.1) of the Licensing and Equipment Regulations under the Highway Traffic Act is amended by deleting the reference "Motorized Snow Vehicles and All-Terrain Vehicles Act" and substituting the reference "Off-Road Vehicles Act". NLR 62/09 Amdt. 48. Subsection
9(1) of the Main River Special Management
Area Regulations under the Lands Act
is amended by deleting the reference "Motorized
Snow Vehicles and All-Terrain Vehicles Act" and substituting the
reference "Off-Road Vehicles Act". NLR 78/99 Amdt. 49. (1) Paragraph 2(f) of the Provincial Offences Ticket Regulations, 1999
under the Provincial Offences Act is
amended by deleting the reference "Motorized
Snow Vehicles and All-Terrain Vehicles Act" and substituting the
reference "Off-Road Vehicles Act". (2) Section
3 of the Provincial Offences Ticket
Regulations, 1999 under the Provincial
Offences Act is amended by deleting the reference "Motorized Snow Vehicles and All-Terrain
Vehicles Act" and substituting the reference "Off-Road Vehicles Act". NLR 91/97 Amdt. 50. Section 11 of the Provincial Parks Regulations under the Provincial Parks Act is amended by deleting the reference "Motorized Snow Vehicles and All-Terrain Vehicles Act" wherever it appears and substituting the reference "Off-Road Vehicles Act". NLR 59/03 Amdt. 51. Subparagraph
21(1)(i)(iii) of the Waste Management
Regulations, 2003 under the Environmental
Protection Act is amended by deleting the reference "Motorized Snow Vehicles and All-Terrain
Vehicles Act" and substituting the reference "Off-Road Vehicles Act". RSNL1990 cM-20 rep. 52. The Motorized Snow Vehicles and All-Terrain Vehicles Act is repealed. Commencement 53. This
Act, or a section, subsection, paragraph or subparagraph of this Act, comes
into force on a day or days to be proclaimed by the Lieutenant-Governor in
Council. Schedule
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