Skip to main content
The Off-Road Vehicles Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2002, c. 42

Bill 42, 3rd Session, 37th Legislature

THE OFF-ROAD VEHICLES AMENDMENT ACT


 

(Assented to August 9, 2002)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. O31 amended

1           The Off-Road Vehicles Act is amended by this Act.

2           The definition "departmental road" in the English version of subsection 1(1) is amended

(a) by striking out "or" at the end of clauses (a) and (b); and

(b) by striking out "or" at the end of clause (c) and substituting "and".

3           Section 4 of the English version is amended by striking out "or" at the end of clauses (a) to (c).

4           Section 8 of the English version is amended by striking out "crown" and substituting "Crown".

5           Section 21 of the English version is amended by striking out "or" at the end of clauses (a) to (d).

6           The following is added after section 21:

Snowmobile identification decals

21.1        No person shall operate a snowmobile that does not display an identification decal as required by the regulations.

7           Clause 23(2)(b) is amended by striking out "60 meters" and substituting "60 m".

8           Section 30 of the English version is amended by striking out "the the" and substituting "the".

9           The following is added after section 31:

Reasonable and prudent operation

31.1        No person shall operate an off-road vehicle

(a) at a speed greater than is reasonable and prudent;

(b) at a speed otherwise permitted under this Act if any factor exists in the face of which failure to reduce that speed, or to stop the vehicle temporarily, constitutes a danger to any person or property visible to the operator; or

(c) in a manner that is not reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

10          Subsection 32(1) is amended

(a) in the English version, by striking out "or" at the end of clauses (a) and (b); and

(b) in clauses (c) and (d), by striking out "30 meters" and substituting "30 m".

11          Subsection 33(1) is amended

(a) in the English version, by striking out "or" at the end of clauses (a) and (b) and by adding "or" at the end of clause (c); and

(b) by adding the following after clause (c):

(d) on or across a sidewalk.

12          Clause 34(2)(b) is amended by striking out "40 kilometres per hour" and substituting "40 km/h".

13(1)       Subsection 35(1) is amended

(a) in clause (a),

(i) by striking out "five meters" and substituting "5 m", and

(ii) in the English version, by striking out "or" at the end; and

(b) in clause (b),

(i) by striking out "three or more kilometers," and substituting "3 km or more,", and

(ii) in the English version, by striking out "or" at the end.

13(2)       The following is added after subsection 35(5):

Authority to cross a sidewalk

35(6)       A person may operate an off-road vehicle directly across a sidewalk

(a) at or within 5 m of an intersection, unless prohibited by the traffic authority;

(b) at any other place along the sidewalk if the distance to the nearest intersection is 3 km or more, unless prohibited by the traffic authority;

(c) at any place designated by the traffic authority as a place on the highway where off-road vehicles may cross a sidewalk; or

(d) along any sidewalk or portion of one where the traffic authority has permitted off-road vehicles to cross without regard to location.

Clear view of crossing

35(7)       No person shall operate an off-road vehicle across a sidewalk if the operator does not have a clear view of traffic for a sufficient distance to determine whether the sidewalk can be crossed in safety.

Rules before crossing sidewalk

35(8)       Before crossing a sidewalk, the operator of an off-road vehicle shall

(a) bring the off-road vehicle to a stop; and

(b) yield the right-of-way to pedestrians and other traffic.

Crossing sidewalk at 90 angle

35(9)       Where an operator of an off-road vehicle intends to cross a sidewalk, the operator shall enter and cross at an angle of approximately 90 to the direction of the sidewalk.

Stopping when sidewalk adjacent to roadway

35(10)      Notwithstanding clause (4)(a), a person who stops his or her off-road vehicle before crossing a sidewalk that is immediately adjacent to a roadway does not have to stop the vehicle again before crossing the roadway as long as at the point of stopping he or she has a clear view of traffic on the roadway for a sufficient distance to determine whether the roadway can be crossed in safety.

14(1)       Subsection 36(1) is amended by striking out "three meters" and substituting "3 m".

14(2)       Subsection 36(3) is amended in the section heading and in the part of the subsection before clause (a) by adding "and shoulder" after "roadway".

15          Subsection 38(2) is amended by replacing clause (a) with the following:

(a) the council of

(i) an incorporated city, town or village, or another municipality, and

(ii) a community or incorporated community, as defined in The Northern Affairs Act;

16(1)       Subsection 39(1) of the English version is amended by striking out "or" at the end of clauses (a) to (c).

16(2)       Subsection 39(3) of the English version is amended

(a) in clause (a), by striking out "vehiclular" and substituting "vehicular"; and

(b) by striking out "or" at the end of clauses (a) and (b).

17(1)       Subsection 46(1) is amended by adding the following after clause (a):

(a.1) prescribing the maximum speed above which off-road vehicles shall not be operated;

17(2)       Subsection 46(2) of the English version is amended

(a) in the part before clause (a), by striking out "section" and substituting "subsection"; and

(b) in clauses (a) and (b), by striking out "rule making" and substituting "rule-making".

18          Section 57.2 of the English version is amended by adding "or" at the end of clause (c).

19          Section 61 is repealed.

20          Section 62 is replaced with the following:

Penalties for contravention of section 25

62          A person who contravenes section 25 is guilty of an offence and is liable on summary conviction

(a) in the case of a person other than a manufacturer, to a fine of not more than $2,000.; and

(b) in the case of a manufacturer, to a fine of not more than $5,000.

Penalties for contravention of section 31

62.1        A person who contravenes section 31 is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

21          Sections 63 to 65 are repealed.

22          Subsection 66(2) is replaced with the following:

Offence and penalty

66(2)       A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Additional penalty

66(3)       If a permit or registration has been issued to the person by reason of the commission of the offence, it is cancelled and the convicting judge or justice may, in addition to imposing a fine under subsection (2),

(a) order the permit or registration certificate and any number plates issued with it confiscated; and

(b) disqualify the person convicted from holding a permit and making a registration for a period not exceeding one year.

Seizure of licence, permit or registration card

66(4)       A peace officer who on reasonable grounds believes that a permit or registration has been issued to a person as the result of a contravention of subsection (1) may seize the permit or registration certificate and any number plates issued with it.

23          Subsection 67(1) is replaced with the following:

General offences and penalties

67(1)       A person who contravenes a provision of this Act or the regulations, or of a by-law passed under the authority of this Act, for which a penalty is not otherwise provided is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

24          Section 68 is amended by adding the following after clause (q):

(r) respecting snowmobile identification decals.

Coming into force — royal assent

25(1)        This Act, except sections 6 and 24, comes into force on the day it receives royal assent.

Coming into force — sections 6 and 24

25(2)       Sections 6 and 24 come into force on a day to be fixed by proclamation that must not be before September 1, 2004.