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The Off-Road Vehicles Act

S.M. 1987-88, c. 64

The Off-Road Vehicles Act

(Assented to July 17, 1987)

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

Definitions.

1(1)

In this Act

"all-terrain vehicle" means an off-road vehicle that

(a) operates or travels on three or more low-pressure tires;

(b) has a seat designed to be straddled by the operator of the vehicle; and

(c) has handlebars for steering the vehicle; ("véhicule tous-terrains")

"competition circuit" means a place used primarily for the competition of off-road vehicles; ("terrain de compétition")

"competition off-road vehicle" means an off-road vehicle used on competition circuits; ("véhicule de compétition à caractère non routier")

"dealer" means a person who, with or without remuneration, is engaged in the business of manufacturing, buying, selling, repairing, servicing, exchanging, leasing, advertising, exhibiting or offering for sale, or acts as a broker of or commission agent in respect of, new or used off-road vehicles; ("commerçant")

"departmental road" means

(a) a provincial trunk highway; or

(b) a provincial road; or

(c) any highway in an unorganized territory; or

(d) an industrial road;

but does not include parking lots, or roads or driveways on grounds appurtenant to a public work as defined in The Department of Public Works Act, any highway the cost of construction or maintenance of which is paid from and out of the Consolidated Fund with moneys authorized to be expended for the purposes of any other Act of the Legislature, any highway built and maintained at the expense of the Government of Canada, or any highway built and maintained on private land by the owner of the land; ("route de régime provincial")

"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles, with or without fee or charge therefor, and includes all the space between the boundary lines thereof; but does not include any area designed or intended, and primarily used for the parking of vehicles and the necessary passage-ways thereon; ("route")

"interchange" means a general area where two intersecting roadways cross at different levels and includes the turning lanes between these two intersecting roadways; ("échangeur")

"intersection" means the area embraced within the straight projection of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one of the highways crosses another; ("intersection")

"local authorized enforcement agency" means any member of the Royal Canadian Mounted Police Force or any other police officer, special constable or other person, employed for the preservation and maintenance of the public peace; ("agent local d'application de la loi")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"non-ambulatory person" means any person who is incapable of walking under the person's own control; ("impotent")

"occupier" means an occupier at common law and includes

(a) a person who is in physical possession of premises; or

(b) a person who has responsibility for, and control over, the condition of the premises, the activities conducted on those premises or the persons allowed to enter the premises; ("occupant")

"off-road vehicle" means any wheeled or tracked motorized vehicle designed or adapted for crosscountry travel on land, water, ice, snow, marsh or swamp land or other natural terrain, and, without limiting the generality of the foregoing includes

(a) a four-wheel drive motor vehicle, a motorcycle or a snow vehicle not registered under The Highway Traffic Act;

(b) an all-terrain vehicle;

(c) a mini-bike, dirt-bike and trail-bike;

(d) a miniature vehicle such as a dune or sport buggy;

(e) an amphibious vehicle; and

(f) a snowmobile;

but does not include

(g) an implement of husbandry;

(h) a farm tractor;

(i) a special mobile machine;

(j) a garden or lawn tractor; and

(k) a golf cart; ("véhicule à caractère non routier")

"operate" means to drive or to be in actual physical control of an off-road vehicle; ("conduire")

"operator" means a person operating or driving an off-road vehicle or a person in actual physical control of an off-road vehicle; ("conducteur")

"owner" includes a person, in possession of an off-road vehicle under a contract providing that the ownership, title, and property therein is to vest in the person at a subsequent time upon payment of the whole or part of the price or the performance of any other condition; ("propriétaire")

"peace officer" means

(a) any member of the Royal Canadian Mounted Police Force and any other police officer, special constable, or other person employed for the preservation and maintenance of the public peace;

(b) any person lawfully authorized to direct or regulate traffic, or to enforce this Act or traffic by-laws or regulations; and

(c) any person appointed as a Natural Resources Officer, who functions under the working title of Conservation Officer, Park Ranger or Park Patrol Officer; ("agent de la paix")

"registrar" means the Registrar of Motor Vehicles appointed under The Highway Traffic Act; ("registraire")

"registration certificate" means a certificate issued by the registrar upon registration of an off-road vehicle; ("certificat d'immatriculation")

"registration period" means a period of 36 months commencing on October 1, 1988 and in each third year thereafter and ending on the last day of September in the third year after the date of commencement; ("période d'immatriculation")

"registration plate" means a number plate as issued by the registrar upon registration of an off-road vehicle; ("plaque d'immatriculation")

"right-of-way" means an area of land acquired for a public thoroughfare including any other facility incidental thereto; ("emprise")

"roadway" means the portion of a highway that is improved, designed or ordinarily used for vehicular traffic, and includes that portion thereof that, but for the presence of a safety zone, would be ordinarily so used, but does not include the shoulder; and where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not all the roadways collectively; ("chaussée")

"seat belt assembly" means a device or assembly, securely fastened to the off-road vehicle, composed of straps, webbing or similar material and includes a pelvic restraint or an upper torso restraint, or both of them, capable of restraining the movement of a person in order to prevent or mitigate injury to the person; ("ceinture de sécurité")

"shoulder" means the portion of a highway contiguous with the travelled way for accommodation of stopped vehicles for emergency use and for lateral support of base and surface courses; ("accotement")

"snowmobile" means a vehicle that has a gross vehicle weight not exceeding 454 kilograms and

(a) is not equipped with wheels, but in place thereof is equipped with tractor treads alone or with tractor treads and skis, or with skis and a propeller, or is a toboggan equipped with tractor treads or a propeller,

(b) is designed primarily for operating over snow or ice, and is used primarily for that purpose, and

(c) is designed to be self-propelled; ("motoneige")

"snow vehicle" means a vehicle that has a gross vehicle weight exceeding 454 kilograms and

(a) is not equipped with wheels, but in place thereof is equipped with tractor treads alone or with tractor treads and skis, or with skis and a propeller, or is a toboggan equipped with tractor treads or a propeller,

(b) is designed primarily for operating over snow or ice, and is used primarily for that purpose, and

(c) is designed to be self-propelled; ("véhicule nival")

"stand" or "stop" as applied to an off-road vehicle, whether occupied or not, means when required or prohibited, to cause the vehicle to remain motionless in one place except when necessary to avoid conflict with other traffic in compliance with the directions of a peace officer or a traffic control device; ("immobiliser" ou "arrêter")

"traffic authority" means

(a) in the case of departmental roads, the Minister of Highways and Transportation, (b) in the case of inter-municipal highways, a municipality acting with the approval of the Minister of Municipal Affairs,

(c) in the case of highways within municipalities, except those on privately owned land, the municipality within the limits of which the highway is situated,

(d) in the case of a highway in an Indian Reserve, except a departmental road, the council of the band on the reserve,

(e) in the case of a highway on privately owned land, the owner thereof, and

(f) in the case of a highway in a local government district, or part thereof, that has been designated in an order made under section 321 of The Highway Traffic Act, that local government district; ("autorité chargée de la circulation")

"validation sticker" means a sticker issued by the registrar upon registration of an off-road vehicle for a registration period in which new registration plates are not issued. ("vignette de validation")

Operation of "off-road vehicles" on or off roadway or shoulder.

1(2)

The definition of "off-road vehicle" includes a four-wheel drive motor vehicle, motorcycle or a snow vehicle that is registered under The Highway Traffic Act and operated other than upon a roadway or shoulder, but does not include any of those vehicles registered under The Highway Traffic Act and operated upon a roadway or shoulder.

Meaning of other words and expressions.

2

Words and expressions used in this Act and not defined in this Act have the same meanings as assigned to them in The Highway Traffic Act.

PART I

REGISTRATION OF OFF-ROAD VEHICLES

Registration required.

3

Subject to section 4, no person shall operate an off-road vehicle in any registration period unless the owner has registered it for that registration period with the registrar and paid the fee prescribed therefor in the regulation.

Exemption from registration.

4

Section 3 does not apply where the off-road vehicle is

(a) owned by a non-resident who has registered it for the current registration period in a province, state or country of which the owner is a resident and who does not reside or carry on business within the province for more than three consecutive months in any year; or

(b) a motor vehicle that is registered under The Highway Traffic Act; or

(c) owned by and operated on behalf of The Department of National Defence of the Government of Canada and that has attached thereto and exposed thereon an identification number plate or other form of identification issued by the Department of National Defence; or

(d) owned by or in possession of a dealer if there is attached to the off-road vehicle a registration plate furnished by the registrar under section 5; or

(e) a competition off-road vehicle that is operated exclusively on a competition circuit.

Plates for dealers.

5

Upon application and payment by the applicant of the fee prescribed therefor in the regulations, the registrar may issue for a registration period a registration plate to a dealer.

Application for registration.

6

The owner of an off-road vehicle shall make application to the registrar for the registration thereof on a form approved by the registrar; and the owner shall comply with all other requirements of the registrar respecting the registration or the application.

Issuance of registration plate and registration certificate.

7(1)

Upon the owner of an off-road vehicle complying with the registrar's requirements respecting the registration of an off-road vehicle, the registrar shall assign a registration number to the off-road vehicle in respect of which the application is made, and issue to the applicant

(a) one registration plate;

(b) a registration certificate bearing the date of issue, the name and address of the registered owner and stating that the vehicle is registered in accordance with this Act for the registration period in respect of which the registration certificate is issued; and the registrar shall cause the name and address of the owner, the registration plate number and the description of the off-road vehicle to be recorded in the registration file maintained by the registrar.

Issuance of validation stickers.

7(2)

In addition to the registration plate issued pursuant to clause (1)(a), the registrar shall issue a validation sticker in each registration period, or portion thereof, for which new registration plates are not issued; and the validation sticker shall show a distinctive number and the expiry date of the registration period for which it is issued, and shall be affixed to the registration plate in a manner prescribed in the regulations.

Crown owner of plate.

8

Every registration plate issued by the registrar is the property of the crown, and shall be returned to the registrar when required by the registrar.

Return of plate on transfer of off-road vehicle.

9(1)

Subject to subsections (3) and (4), where the registered owner of a registered off-road vehicle transfers the ownership of the off-road vehicle, the registration of the off-road vehicle expires and the registered owner shall forthwith return the registration plate and certificate to the registrar.

Refund on return of plates.

9(2)

Where the registered owner or his legal or personal representative complies with subsection (1) or (5) while there is still more than 24 months left before the registration of the offroad vehicle expires, the registered owner or the legal or personal representative, as the case may be, is entitled to a refund of two-thirds of the fee paid therefor; and where there are more than 12 months left before the registration expires, the registered owner or legal or personal representative is entitled to one-third of the fee paid therefor.

Transfer of registration plate to other off-road vehicle.

9(3)

Notwithstanding subsection (1), where the registered owner of an off-road vehicle transfers the ownership of an off-road vehicle, upon complying with the requirements of the registrar and paying the prescribed fee, that owner may, not later than seven days after the transfer of ownership, have the registration plate transferred to another off-road vehicle owned by the registered owner.

Transfer of registration plate to newly acquired off-road vehicle.

9(4)

Notwithstanding subsection (1), where the registered owner of an off-road vehicle transfers ownership of the vehicle and shortly before or after the transfer acquires ownership of another off-road vehicle, the registered owner may during the period of seven days following the transfer of ownership, attach to and expose on the newly acquired off-road vehicle, the registration plate issued in respect of the off-road vehicle the ownership of which was transferred, and may operate or permit the operation of the newly acquired off-road vehicle for the balance of the seven days without it being registered under the Act.

Return of plate on death of owner.

9(5)

In the case of the death of the registered owner of an off-road vehicle, the registration of the off-road vehicle expires 14 days after the death of the owner; and the personal or legal representative of the registered owner shall return the registration plate and certificate to the registrar immediately after expiry of the registration or as soon thereafter as practicable.

Lost, destroyed, stolen or illegible plate.

10

Where a registration plate is lost, destroyed, stolen or becomes illegible, the registered owner shall forthwith apply for a new registration plate and shall

(a) return the registration certificate to the registrar;

(b) pay the prescribed fee to the registrar;

(c) furnish to the registrar such proof of loss, theft or destruction, as may be required by the registrar; and

(d) return the illegible plate to the registrar.

Duplicate registration certificate.

11

Where the registered owner of an off-road vehicle loses the registration certificate of an off-road vehicle, or the certificate is destroyed, stolen or becomes illegible, the owner may obtain a duplicate of the registration certificate upon application to the registrar, paying of the prescribed fee and furnishing such proof thereof as may be required by the registrar.

Change of name or address.

12

Where the registered owner of an off-road vehicle changes the address or name of the registered owner as registered with the registrar, the registered owner shall, within 15 days of the change, cause to be filed with the registrar notice of the change of address or name.

Age of registrant

13

No person

(a) less than 16 years of age shall register an offroad vehicle; or

(b) 16 years of age or more but under 18 years of age shall register an off-road vehicle unless the person has deposited with the registrar the written consent of his or her parent or legal guardian to the registration.

Proof of ownership and age.

14

Before registering an off-road vehicle, the registrar

(a) shall require satisfactory proof of ownership and insurance; and

(b) may require the applicant to produce for inspection an official birth certificate, or other proof of age satisfactory to the registrar.

Obliterated serial numbers.

15

The registrar shall not register an off-road vehicle

(a) where the serial number or similar identifying mark attached, impressed or embossed thereon by the manufacturer has been obliterated or defaced; or

(b) where the off-road vehicle, by reason of being rebuilt or made of parts from various sources, or for any other reason, has no serial number or identifying mark; unless the owner has filed with the registrar proof, satisfactory to the registrar, of the ownership of the off-road vehicle.

New identification number.

16

Where the registrar is satisfied under section 15 of the ownership of an off-road vehicle, he may issue a vehicle identification number that shall be permanently attached to the frame of the off-road vehicle, which shall be deemed sufficient identification for registration purposes.

Plate to be attached to off-road vehicle.

17

Every off-road vehicle registered under this Act shall have attached thereto and exposed thereon one registration plate for the registration period with a validation sticker affixed thereto when required pursuant to subsection 7(2).

Manner of affixing registration plate.

18(1)

The registered owner of an off-road vehicle shall firmly affix the registration plate in a position as prescribed by the regulations.

Location of dealer's plate.

18(2)

Where an off-road vehicle is owned by or operated by a dealer or person employed by the dealer, the dealer shall attach to the off-road vehicle a dealer's plate issued to thé dealer under section 5, in the manner prescribed by the regulations.

Legibility of plate.

19

The owner or operator of an off-road vehicle shall at all times keep the registration plate of the vehicle free of dirt and shall affix and maintain the plate in such a manner as to be plainly Visible and clearly legible at all times.

Insurance required.

20

Every off-road vehicle required to be registered under this Act shall be insured by a policy of insurance insuring against liability arising from bodily injury to or the death of a person or loss of or damage to property issued in accordance with The Insurance Act and the regulations under that Act.

Offences respecting registration and insurance.

21

No person shall

(a) apply for or obtain the registration of an offroad vehicle when the off-road vehicle is not insured as required under this Act; or

(b) fail to maintain proper insurance on the offroad vehicle owned by the person as required under this Act; or

(c) operate or permit the operation of an off-road vehicle required to be registered under this Act unless it is insured as required under this Act and there is displayed thereon a registration plate for the registration period and validation sticker when required; or

(d) deface or alter any registration certificate, registration plate or validation sticker issued under this Act; or

(e) use or permit the use of any defaced or altered registration certificate, registration plate or validation sticker issued under this Act; or

(f) except as provided in this Act, use or permit the use of any registration plate and validation sticker upon an off-road vehicle other than the off-road vehicle for which the registration plate and validation sticker were issued.

Production of registration certificate.

22(1)

The registered owner of an off-road vehicle shall produce the registration certificate to a peace officer or to the registrar on demand.

Production of evidence of insurance.

22(2)

The registered owner of an off-road vehicle shall produce evidence that the off-road vehicle is insured as required under this Act to a peace officer or to the registrar on demand.

Operator to provide information with respect to owner.

22(3)

Where the operator of an off-road vehicle informs a peace officer that the operator is not the owner, the operator shall give to the peace officer, on demand, the name and address of the owner of the off-road vehicle, or of the person who authorized or permitted the operator to operate the off-road vehicle and shall produce the registration certificate and evidence that the off-road vehicle is insured as required under this Act to the peace officer.

PART II

MINIMUM SAFETY EQUIPMENT REQUIREMENTS

Headlights and taillights.

23(1)

No person shall operate an off-road vehicle at the times specified in subsection (2) unless it is equipped with

(a) at least one headlamp in good working order which casts a white light; and

(b) at least one lamp which is in good working order which casts a red light to the rear of the off-road vehicle.

When lamps required to be on.

23(2)

The operator shall have the lamps with which the off-road vehicle is equipped on

(a) at any time from one-half hour before sunset until one-half hour after sunrise; and

(b) at any other time when visibility is reduced to 60 meters or less.

Mufflers.

24(1)

Every off-road vehicle shall be equipped with a noise muffler in good working order which shall be in operation while the engine is running to prevent excessive or unusual noise and no person shall equip, operate or permit the operation of an off-road vehicle that has a muffler cut out, straight exhaust, gutted muffler, by-pass or any device which has the effect of by-passing or reducing the effectiveness of a noise muffler.

Spark arresters.

24(2)

Every off-road vehicle shall be equipped with a spark arrester in good working order which shall be in operation while the engine is running to prevent the possibility of a fire hazard to the terrain.

Compliance with safety standards by manufacturer.

25(1)

No manufacturer or distributor of offroad vehicles manufactured for sale in the province shall sell, offer for sale, have in possession for sale or deliver for sale any off-road vehicle unless it and its equipment and components comply with all the safety standards prescribed by regulations under this Act.

Compliance with safety standards by vendors.

25(2)

No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in the province, a new off-road vehicle unless it and its equipment and components comply with all the safety standards prescribed by the regulations under this Act.

Alterations, etc. to comply with safety standards.

25(3)

No person shall modify or alter an offroad vehicle, or replace equipment or components of an off-road vehicle in such a manner or to such an extent that the off-road vehicle no longer complies with the safety standards prescribed by the regulations under this Act.

Equipment and components to comply with safety standards.

25(4)

No person shall sell, offer for sale, have in possession for sale, in the province, equipment or components of an off-road vehicle which do not meet the safety standards prescribed by the regulations under this Act.

Homemade off-road vehicles to comply with safety standards.

25(5)

No person shall manufacture an off-road vehicle for use in the province unless the off-road vehicle complies with the safety standards prescribed by the regulations under this Act.

PART III

RULES GOVERNING THE OPERATION OF OFF-ROAD VEHICLES

Age restriction.

26(1)

No person under the age of 14 years shall operate an off-road vehicle unless supervised and accompanied by and at all times within clear view of the person's parent or a person who has attained the age of 18 years and authorized by the parent.

Responsibility of owner.

26(2)

Except as provided in subsection (1), the owner of an off-road vehicle shall not permit a person under the age of 14 years to operate an offroad vehicle of which he or she is the owner.

Off-road vehicle registrable under The Highway Traffic Act.

26(3)

Notwithstanding subsection (1), no person shall operate an off-road vehicle which is a motorcycle, a four-wheel drive motor vehicle or a snow vehicle registrable under The Highway Traffic Act, unless the operator thereof has attained the age of 16 years and is the holder of a valid and subsisting driver's licence of any class except that of a class 7.

Production of driver's licence.

26(4)

Where the operator of an off-road vehicle is required to hold a driver's licence, the operator shall produce the licence to a peace officer on demand.

Passengers on an off-road vehicle.

27

No person shall operate an off-road vehicle while carrying more persons than the number for which the off-road vehicle was designed.

Helmets required.

28(1)

No person shall ride on or operate an off-road vehicle unless the person is wearing on his or her head a properly adjusted and securely fastened helmet in compliance with the requirements contained in the regulations under this Act.

Where helmets not required.

28(2)

Subsection (1) does not apply

(a) to a person operating an off-road vehicle being used in the course of farming, commercial fishing, hunting or trapping operations; or

(b) to the operator or passengers of an off-road vehicle equipped with occupant roll-over protection and seat belt assemblies that meet the safety standards prescribed in the regulations and the seat belt assemblies are being worn in a properly adjusted and securely fashioned manner.

Occupant roll-over protection.

28(3)

For the purposes of subsection (2), "occupant roll-over protection" means a cab or frame that is capable of supporting an off-road vehicle in an overturned position.

Seat belt required.

29(1)

Every operator of and passenger in an off-road vehicle which is being operated in accordance with the provisions of this Act and in which a seat belt assembly is provided, shall wear a complete seat belt assembly in a properly adjusted and securely fastened manner.

Prohibition of removal of seat belt.

29(2)

No person shall remove from an offroad vehicle a seat belt, or any part thereof, that was installed by the manufacturer, except to replace broken or worn seat belts or parts thereof.

Compliance with order of peace officer.

30

Every operator or owner of an off-road vehicle shall, on a signal from a peace officer requiring the operator or owner to do so, immediately bring the off-road vehicle to a stop or cause the off-road vehicle to be brought to a stop at a place directed by the peace officer, and shall not proceed until so directed by the peace officer; and shall forthwith comply with an order of the the peace officer as to moving the off-road vehicle from any place.

Careless operation.

31

No person shall operate an off-road vehicle

(a) in a careless manner or without due care and attention; or

(b) without reasonable consideration for other persons and property or in a manner likely to cause damage or injury to other persons and property.

Certain operations prohibited.

32(1)

No person shall operate an off-road vehicle

(a) on privately owned land without the express or implied consent of the owner or lawful occupier of the property; or

(b) on Crown land allocated by lease or permit, without the express or implied consent of the lawful occupier of the property, unless the operator is otherwise lawfully authorized to enter such land; or

(c) within 30 meters of a dwelling between the hours of twelve midnight and seven o'clock in the morning, unless the dwelling is located on the operator's own property or property under the operator's control or as an invited guest; or

(d) within 30 meters of a playground, or area set aside for other recreational use, unless the area is enclosed or fenced or unless the off-road vehicle is required for the maintenance or operation thereof.

Operation in parking lots.

32(2)

No person shall operate an off-road vehicle in a parking lot unless it is used to gain access

(a) to or from an off-road vehicle use area; or

(b) to the vehicle used to transport the off-road vehicle to an off-road vehicle use area.

Operation of off-road vehicles on highways.

33(1)

Except as may be authorized by subsection (4) or any other provision of this Act or regulation thereunder, no person shall operate an off-road vehicle

(a) upon or across a roadway or the shoulder thereof; or

(b) on or across the median of a divided highway; or

(c) on the right-of-way of an interchange.

Four-wheel drives prohibited from right-of-way.

33(2)

No person shall operate a four-wheel drive motor vehicle registrable under The Highway Traffic Act on any portion of a right-of-way except where

(a) it is used for the maintenance of the right-of-way or the construction, repair or maintenance of public utilities; or

(b) it is registered as a motor vehicle under The Highway Traffic Act and is being operated upon the roadway or shoulder portions of the right-of-way.

Definition of registrable under The Highway Traffic Act.

33(3)

For the purposes of subsections (2) and 26(3), "registrable" means that the four-wheel drive motor vehicle, motorcycle or snow vehicle when manufactured, complied with the Motor Vehicle Safety Act (Canada) and was eligible to be registered as a motor vehicle under The Highway Traffic Act.

Minister may authorize making of by-laws.

33(4)

The minister may authorize a traffic authority to make by-laws to permit the operation of an off-road vehicle upon a roadway or the shoulder thereof.

Where operation on the shoulder is permitted.

34(1)

An off-road vehicle may be operated upon the shoulder only when

(a) the off-road vehicle has more than two wheels and is being used for agricultural purposes;

(b) the off-road vehicle displays to the rear a slow moving vehicle sign; and

(c) the operator is at least 16 years of age and the holder of a valid and subsisting driver's licence of any class except that of a class 7.

Method of operation on the shoulder.

34(2)

Where an off-road vehicle is being operated on the shoulder as permitted under subsection (1), the operator shall drive

(a) in the same direction as vehicular traffic on that side of the roadway; and

(b) at a speed not exceeding 40 kilometres per hour.

Authority to cross a roadway and shoulder.

35(1)

A person may operate an off-road vehicle directly across a roadway or shoulder

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

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

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

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

Licence requirement.

35(2)

No person shall operate an off-road vehicle directly across a roadway and shoulder unless that person is the holder of a valid driver's licence of a class other than class 7.

Clear view of crossing.

35(3)

No person shall operate an off-road vehicle across any roadway and shoulder if the operator does not have a clear view of traffic for a sufficient distance to determine whether the roadway and shoulder can be crossed in safety.

Rules before crossing roadway or shoulder.

35(4)

Before entering onto a roadway or shoulder, 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 crossing the roadway or shoulder and to traffic that is approaching and is so close that it constitutes a hazard.

Crossing roadway or shoulder at ninety degree angle.

35(5)

Where an operator of an off-road vehicle intends to cross a roadway and shoulder, the operator shall enter and cross at an angle of approximately ninety degrees to the direction of the roadway and shoulder.

Method of towing.

36(1)

No person shall operate an off-road vehicle that draws or tows another vehicle unless the other vehicle is connected to the off-road vehicle by a rigid tow bar that is so constructed and connected to the off-road vehicle that the front of the body of the other vehicle is no more than three meters from the rear of the body of the off-road vehicle.

Towing a disabled vehicle.

36(2)

Subsection (1) does not apply to the operator of an off-road vehicle being used to tow another off-road vehicle that is disabled.

No towing across a roadway.

36(3)

Notwithstanding subsections (1) and (2), no person shall tow or draw with an off-road vehicle another vehicle across a roadway if that other vehicle is carrying a person unless

(a) the person is a non-ambulatory person; or

(b) the other vehicle is a disabled off-road vehicle and a person is required to steer it while it is in tow.

Definition of "vehicle".

36(4)

In this section, "vehicle" means an offroad vehicle, trailer, sleigh, cutter or toboggan, or any other apparatus that can be towed or drawn.

Only one off-road vehicle to cross roadway at a time.

37

Where the operator of an off-road vehicle is permitted to operate an off-road vehicle across a roadway and shoulder, the operator shall not cross the roadway and shoulder at the same time as any other off-road vehicle.

Use of roadways in emergencies.

38(1)

Notwithstanding any other provision of this Act, where a storm or blizzard renders a roadway impassable to vehicular traffic, a local authority may authorize, for a fixed period, the operation of designated off-road vehicles on the roadway or shoulder or designated portions thereof; and during that period, operators may operate off-road vehicles on the roadways or shoulders.

Definition of "local authority".

38(2)

For the purposes of subsection (1), "local authority" means

(a) the council of an incorporated city, town, village, community as defined in "The Northern Affairs Act", or rural municipality; or

(b) the resident administrator and council of a local government district; or

(c) the Minister of Northern Affairs with respect to Northern Manitoba.

Authority of a peace officer.

39(1)

Notwithstanding any other provision of this Act, but subject to subsection (2), a peace officer operating an off-road vehicle in an emergency situation or in pursuit of an actual or suspected violator of the law may

(a) drive on any portion of the right-of-way; or

(b) exceed the speed limit; or

(c) proceed past a traffic control signal showing a red light or a signal without stopping; or

(d) disregard rules and traffic control devices governing the movement of traffic; or

(e) stop or stand.

Requirements respecting off-road vehicles for emergency use.

39(2)

The operator of an off-road vehicle to which subsection (1) applies, shall not exercise the privilege granted under that subsection unless

(a) the off-road vehicle is showing a flashing red light or a combination of flashing red and blue lights; and

(b) the action is necessary in the interests of the public or of safety; and the operator shall exercise due regard for safety having regard to all the existing circumstances.

Authority of peace officer to control traffic.

39(3)

Where a peace officer considers it reasonably necessary, in order

(a) to ensure orderly movement of vehicular and off-road traffic; or

(b) to prevent injury or damage to persons or property; or

(c) to permit proper action in an emergency; or

(d) where applicable, to inspect the driver's licence, registration certificate and evidence of insurance of the off-road vehicle; the peace officer may direct or halt traffic.

Permit for special events.

40(1)

Notwithstanding any other provisions of this Act, the local authorized enforcement agency may issue a special permit authorizing the operation of off-road vehicles, participating in parades or special events, to be operated upon a roadway or shoulder.

Terms and conditions of permit.

40(2)

In granting a permit under this section, the local authorized enforcement agency may impose such conditions or restrictions necessary or required to ensure the safety of other persons; and the person, organization, or association to whom the permit is issued shall comply with the conditions or restrictions imposed and indicated on the permit.

Compliance with rules on highway.

41

While operating an off-road vehicle on a right-of-way, the operator shall obey and observe

(a) the instructions or directions indicated on or by any traffic control device erected in accordance with The Highway Traffic Act; and

(b) the instructions and directions of any peace officer.

Keeping to the right of the roadway and shoulder.

42(1)

Where an off-road vehicle is being operated on the right-of-way but not upon or across the roadway or shoulder, the operator shall drive the off-road vehicle to the right of the roadway and shoulder and in the same direction as vehicular traffic on that side of the roadway.

Manner of operating off-road vehicle on a roadway.

42(2)

Where an off-road vehicle is being operated on a roadway as permitted under this Act or any by-law, regulation or rule, the operator shall

(a) drive the off-road vehicle as close to the right hand edge or curb of the roadway as is practicable; and

(b) except to pass another vehicle, drive in a single line with other off-road vehicles.

Onus of owner in respect of operation.

43(1)

The owner of an off-road vehicle shall not permit or authorize any person under the age of 16 years, or any person who is not the holder of a valid and subsisting driver's licence of any class except that of a class 7, to operate an off-road vehicle upon or across a roadway or shoulder.

Certain operators deemed to have owner's permission.

43(2)

For the purposes of subsection (1), where the operator of an off-road vehicle operates the off-road vehicle upon or across a roadway or shoulder, if the operator

(a) is living with the owner as a member of the family of the owner of the vehicle; or

(b) is employed by the owner of the vehicle; the owner shall be conclusively deemed to have permitted and authorized the operator to operate the off-road vehicle upon or across a roadway or shoulder.

Owner liable for offence.

44(1)

Where an offence, resulting from the violation of any provision of this Act or of the regulations

(a) is committed by means of, or with respect to, an off-road vehicle; or

(b) occurs by reason of, or with respect to, the ownership, use, or operation of an off-road vehicle; the owner of the off-road vehicle may be charged with the commission of the offence and, if the judge or justice before whom the charge is tried, is satisfied that the offence was committed, the owner is guilty of the offence and is liable, on summary conviction, to the penalty herein provided for that offence, unless the owner satisfies the judge or justice that, at the time of the violation, the offroad vehicle was in the possession of a person without the consent of the owner.

Operator liable for offence.

44(2)

Nothing in subsection (1) relieves the operator of an off-road vehicle from any liability for any offence or violation of any provision of this Act or the regulations.

PART IV

CONTROL OF TRAFFIC

Rules respecting the operation of off-road vehicles.

45(1)

Subject to subsections (2), (3) and (4), the traffic authority of a highway may make bylaws and the minister may make rules supplementary to, or in addition to, but not contrary to any provision of this Act or the regulations made under this Act

(a) permitting or prohibiting the operation of designated off-road vehicles across a roadway and shoulder at any place or at a designated place along the highway or on any portion thereof; and

(b) prohibiting the operation of designated offroad vehicles upon a designated right-of-way or a specified portion thereof.

Submission of by-law to minister.

45(2)

After a traffic authority has given second reading to a by-law which affects a departmental road, it shall forward the by-law to the minister for approval of the minister or a person authorized by the minister who may approve the by-law or require the traffic authority to comply with certain conditions or requirements before approving the by-law.

Compliance with conditions.

45(3)

Where under subsection (2) the minister or the authorized person has imposed conditions and requirements on a traffic authority, it shall not give third reading to the by-law until the conditions and requirements have been met by the traffic authority.

Erection of off-road vehicle route signs.

45(4)

Where a traffic authority has by by-law permitted the operation of off-road vehicles across designated roadways or shoulders or portions thereof, it shall erect signs in accordance with the regulations.

By-laws respecting the operation of off-road vehicles in other areas.

46(1)

Rules supplementary to, or in addition to, but not contrary to any other provision of this Act or the regulations made under this Act

(a) prescribing the periods of the day, or of the year, during which designated off-road vehicles shall not be operated;

(b) prescribing areas in which the operation of designated off-road vehicles shall be permitted or prohibited; and

(c) fixing penalties for violation of by-laws passed under this section; may be made

(d) in respect of a municipality, by the council thereof;

(e) in respect of a local government district, by the resident administrator thereof;

(f) in respect of a community in Northern Manitoba for which a community council has been established under The Northern Affairs Act, the community council thereof through the minister of the Executive Council charged with the administration of that Act; and

(g) in respect of any area not within a municipality, a local government district, or a community in Northern Manitoba in which a community council has been established, or in respect of any Crown lands within a municipality or a local government district, or such a community in Northern Manitoba, by the Lieutenant Governor in Council.

Manner of making rules.

46(2)

Rules made under section (1) shall be made

(a) where the rule making authority is a municipal council, the resident administrator of a local government district, or the community council of a community in Northern Manitoba, by by-law; and

(b) where the rule making authority is the Lieutenant Governor in Council, by regulation; and, notwithstanding any provisions of The Regulations Act, that Act applies to those by-laws and regulations.

No cause of action against traffic authority.

47(1)

No person has a cause of action for damages against a traffic authority having jurisdiction over a roadway or shoulder for injury, death or loss suffered by that person arising out of or in connection with the operation of an off-road vehicle on a roadway or shoulder unless the injury, death or loss results from the negligence of the traffic authority or someone acting on behalf of the traffic authority.

No cause of action for operation beyond roadway and shoulder.

47(2)

No person has a cause of action for damages against a traffic authority for injury, death or loss suffered by that person arising out of or in connection with the operation of an off-road vehicle in or upon a place or area that extends beyond the outer limits of any roadway and shoulder.

PART V

ACCIDENTS

Information to be produced in case of accidents.

48(1)

Subject to subsection (2), when an accident occurs involving, directly or indirectly, an off-road vehicle, the operator, passenger or owner shall forthwith produce, in writing, to anyone sustaining loss or injury from the accident, or to any peace officer

(a) the name and address of the operator;

(b) the name and address of the owner or registered owner of the off-road vehicle; and

(c) in the case of a registered off-road vehicle, the registration number of the off-road vehicle and evidence of insurance as required under this Act.

Notice to owner of damaged property.

48(2)

Where an accident occurs involving, directly or indirectly, an off-road vehicle, and resulting in damage to any property, the operator shall take all reasonable steps to locate and notify the owner or person in charge of the damaged property of the damage and shall give the owner or person in charge of the damaged property the name and address of the operator and owner of the vehicle and the registration number of the off-road vehicle and particulars of any insurance on the offroad vehicle.

Report on accidents by operator.

49(1)

Where an accident occurs involving directly or indirectly, an off-road vehicle resulting in bodily injury to, or death of any person, or damage to property to an apparent extent of $500. or more, the operator shall within seven days of the accident, make a written report on a form approved by the registrar, containing such information as may be required, to a peace officer having jurisdiction in the area in which the accident occurred.

Where operator incapable of making report.

49(2)

Where the operator is incapable of making the report required under subsection (1) and there is another occupant of the off-road vehicle capable of making the report, the other occupant shall make the report.

Report by owner.

49(3)

Where a report required under subsection (1) has not been made under subsection (1) or (2) and the operator or any passenger or occupant of the off-road vehicle involved in the accident is not the owner of the off-road vehicle, the owner shall within seven days after learning of the accident, make the report.

Report as soon as possible.

49(4)

Where the operator of an off-road vehicle involved in an accident in respect of which a report is required under subsection (1) is alone on the off-road vehicle at the time of the accident, is the owner of the off-road vehicle and is unable to make the report required by subsection (1) because of injuries sustained by the operator, the operator shall make the report forthwith after becoming capable of making it.

Copy of report sent to registrar.

50

Where a report of an accident is made under section 49, the senior officer in Manitoba of the police force of which the peace officer to whom the report is made is a member, shall forthwith send to the registrar the original copy of the report on a form approved by or satisfactory to the registrar.

Onus on owner or operator.

51(1)

Where loss or damage is sustained by any person by reason of the use, operation or maintenance of an off-road vehicle, the onus of proof that the loss or damage did not arise entirely or solely through the negligence or improper conduct of the owner or operator of the off-road vehicle is upon the owner or operator.

Non-application of subsection (1).

51(2)

Subsection (1) does not apply in case of a collision between off-road vehicles or to an action brought by a person in respect of any injury sustained by that person while a passenger in or on an off-road vehicle.

Certain operators deemed agents of owner.

52

In an action for the recovery of loss or damage sustained by a person by reason of the use, operation or maintenance of an off-road vehicle, every person operating the off-road vehicle who is living with the owner as a member of the family of the owner of the off-road vehicle, and every person operating the off-road vehicle who has acquired possession of it with the consent, expressed or implied, of the owner thereof, is deemed to be the agent or servant of the owner of the off-road vehicle and to be employed as such and to be operating the off-road vehicle in the course of the operator's employment; but nothing in this section relieves any person deemed to be the agent or servant of the owner of the off-road vehicle and to be operating the off-road vehicle in the course of the operator's employment from liability for such loss or damage.

PART VI

ENFORCEMENT PROVISIONS AND SUSPENSION OF REGISTRATION

Detention of an off-road vehicle.

53

A peace officer may detain for not more than four clear days an off-road vehicle with which an offence has been or is alleged to have been committed; but the off-road vehicle may be released sooner if security for its production is given to the satisfaction of a justice.

Order for extending period of detention.

54(1)

Where an off-road vehicle has been detained under section 53 and it is required

(a) as evidence in a prosecution for an alleged offence under this Act; or

(b) for further investigation related to an offence under this Act; a peace officer may apply to a justice for an order to continue the detention of the off-road vehicle beyond the period prescribed in section 53, and the peace officer making the application shall furnish to the justice full particulars of the reasons for the continuance of detention of the off-road vehicle.

Notification of detention to owner.

54(2)

Where the owner of an off-road vehicle was not present at the time when the off-road vehicle was detained, the peace officer shall take all reasonable steps to notify the owner that the vehicle was detained, together with the reasons for its detention and the place where it is detained or stored.

Suspension of registration by registrar.

55(1)

The registrar, subject to the right of appeal to the Licence Suspension Appeal Board of the owner or operator of an off-road vehicle, may where the owner or operator fails to comply with any provision of this Act or the regulations or for any other reasonable cause, suspend

(a) the registration certificate and plate of every off-road vehicle registered in the name of the owner or operator; and

(b) the right of the owner or operator of the offroad vehicle to register an off-road vehicle; for a period of time not exceeding six months.

Notice to owner or operator.

55(2)

Before imposing a suspension under subsection (1), the registrar shall give the owner or operator

(a) ten days' notice in writing in accordance with subsection (3); and

(b) an opportunity to be heard.

Contents of notice.

55(3)

A notice given under subsection (2) shall

(a) state briefly the reasons for the proposed suspension;

(b) state the date on which, and the time and place at which, the hearing will be held;

(c) state that if the owner or operator satisfies the registrar that it is impossible or will be inconvenient or difficult for the owner or operator to attend on the date or at the time or location so fixed, the registrar may either fix another date or time, or both, or request that the owner or operator submit any relevant information in writing; and

(d) be personally served on the owner or operator or mailed by registered or certified mail, addressed to the owner or operator at the address last known to the registrar.

Application of provision of The Highway Traffic Act.

55(4)

Sections 265 and 279 of The Highway Traffic Act apply with such modifications as the circumstances require, to proceedings under this Act.

Suspension of registration for certain criminal code offences.

56

Upon conviction of an owner or operator for an offence under sections 203, 204, 219, 233, 236, 237, 238, 239 or 242 of the Criminal Code of Canada, committed by the owner or operator while operating an off-road vehicle, every registration certificate and registration plate issued to the owner or operator and the right of the owner or operator to register an off-road vehicle shall be suspended for a period of six months.

Notification of suspension.

57(1)

Where the registration of an off-road vehicle or an owner or operator's right to register an off-road vehicle is suspended under this Act, the registrar shall forthwith give notice of the suspension to the registered owner, owner or operator.

Manner of giving notice.

57(2)

The notice referred to in subsection (1) shall be in writing and shall be served either personally or mailed by registered or certified mail, addressed to the person at the person's last recorded address as shown by the records maintained by the registrar; and when sent to the person by registered or certified mail there is a rebuttable presumption that the notice was received by the person.

Certificate of conviction to registrar.

58(1)

A judge or justice who convicts any person of an offence under this Act or under any other Act of the Legislature or of the Parliament of Canada committed in the operation of an off-road vehicle shall forthwith certify and report the conviction to the registrar in such form as the registrar may require, setting out the name, address and date of birth of the person convicted, the registration number of the off-road vehicle with which the offence or violation was committed, the name of the Act, and the number of the section thereof contravened, and the date and time the offence was committed.

Fee for certificate.

58(2)

The judge or justice may add to the costs of conviction the amount of the prescribed fee for the cost of the certificate.

Certificate of registrar as evidence.

59

A certificate purporting to be signed by the registrar and certifying as to any matter of record in the registrar's office is admissible in evidence in any action or proceedings in any court, or in any matter before any board, commission or other body, as prima facie proof of the matter therein certified, without proof of the signature of the registrar.

Number plates issuers.

60

A person authorized by the minister to register motor vehicles and trailers under subsection 5(15) of The Highway Traffic Act may register off-road vehicles and the minister may fix the fee to be retained by the person so authorized for each registration certificate, registration plate and validation sticker issued by the authorized person.

PART VII

OFFENCES AND PENALTIES

Penalties for violation of section 21 and clauses 32(1)(a) and (b).

61

Any person who contravenes, disobeys, violates, fails to observe, obey or comply with section 21 or clause 32(1)(a) or (b), is guilty of an offence and liable, on summary conviction, to a fine of not less than $100. or more than $300., or, in default, to imprisonment for a period not exceeding 30 days.

Penalties for violation of section 25.

62

Every person who contravenes, or fails to comply with any provisions of section 25 is guilty of an offence and

(a) where the person is not a manufacturer, is liable, on summary conviction, to a fine of not less than $200. or more than $1, 000. or to imprisonment for a term of not more than six months; or

(b) where the person is a manufacturer, is liable, on summary conviction, to a fine of not less than $1, 000. or more than $5, 000. or to imprisonment for a term of not more than one year.

Penalties for violation of sections 28 and 29.

63

Any person who contravenes, disobeys, or violates, or fails to observe, obey, or comply with section 28 or 29 is guilty of an offence and is liable, on summary conviction, to a fine of not less than $20. and not more than $100.

Penalty for violation of section 43.

64

Any person who contravenes, disobeys or violates, or fails to observe, obey or comply with section 43 is guilty of an offence and is liable, on summary conviction, to a fine of not less than $25. or more than $100., or in default to imprisonment for a period not exceeding 30 days.

Penalty for violation of section 49.

65

Any person who contravenes, disobeys or violates or fails to observe, obey, or comply with section 49 is guilty of an offence and is liable, on summary conviction, to a fine of not less than $25. or more than $500., or in default to imprisonment for a period not exceeding three months.

False statements.

66(1)

No person shall knowingly make a false statement in any document required or made under this Act or the regulations.

Penalty for false statements.

66(2)

Any person who contravenes, disobeys, violates or fails to observe, obey or comply with subsection (1), is guilty of an offence and is liable on summary conviction to a fine of not less than $50. or more than $300. and in default of payment thereof to imprisonment for a period not exceeding 30 days.

General penalty for miscellaneous offences.

67(1)

Any person who violates, contravenes, or disobeys or refuses, omits, neglects, or fails to observe, obey, or comply with

(a) any provision of this Act; or

(b) any by-law or regulation duly passed under the authority of this Act; unless another penalty is prescribed therefor, is guilty of an offence and is liable on summary conviction to a fine of not more than $100. or in default of payment thereof to imprisonment for a period not exceeding 30 days.

Judge may acquit or reprimand.

67(2)

In any prosecution for an offence under this Act or any regulation or by-law passed pursuant thereto, if the judge or justice is satisfied from the evidence that the offence charged occurred through accident or under circumstances not wholly attributable to the fault of the accused, the judge or justice may, either acquit or reprimand the accused.

PART VIII

REGULATIONS

Regulations.

68

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,

(a) designating categories of off-road vehicles;

(b) prescribing the fees payable in respect of any matter under this Act or the regulations;

(c) requiring or prohibiting the use of any equipment in connection with off-road vehicles or things that may be attached to off-road vehicles;

(d) respecting the registration of, and prescribing the requirements, rules and conditions to be observed by the owners and operators of off-road vehicles;

(e) providing for the payment of fees for copies or access to any writing, paper or document filed in the office of the registrar under this Act or the regulations, or any statement containing information from the records of the registrar in prescribing amount of such fee;

(f) exempting designated off-road vehicles used exclusively for specified purposes or in specified areas and the owners, operators and passengers thereof, from specified provisions of this Act other than sections 24(1), 30, 31, 47, 48, 49, 51 and 66;

(g) prescribing maximum level of noise, measured in decibels on the "A" scale of a sound level measuring device for off-road vehicles;

(h) prescribing the forms for use under this Act;

(i) respecting any matter deemed necessary in connection with prescribing or approving training courses for the proper and safe operation of off-road vehicles and the issuance of certificates to graduates of such courses;

(j) prohibiting the use of designated off-road vehicles in designated areas;

(k) designating specific roadways and shoulders on which designated off-road vehicles may be used;

(l) prohibiting designated off-road vehicles from crossing certain roadways and shoulders;

(m) prescribing the standards that off-road vehicle safety helmets shall meet;

(n) exempting certain persons, classes of persons or members of certain groups or organizations from wearing safety helmets and seat belt assemblies;

(o) prescribing the manner in which the registration plate shall be affixed to the off-road vehicle and the validation sticker affixed to the registration plate;

(p) prescribing the equipment that off-road vehicles shall be equipped with and the standards that the equipment shall meet;

(q) designating the type and location of signs to be erected by a traffic authority.

Extension of registration period.

69

Notwithstanding any provision of this Act, or any regulation made under this Act, the Lieutenant Governor in Council may make a regulation extending, for a specific period, all or some of the off-road vehicle registrations for any registration period.

Reference in Continuing Consolidation.

70

This Act may be referred to as chapter O31 in the Continuing Consolidation of the Statutes of Manitoba.

Repeal.

71

The Lieutenant Governor in Council may by proclamation repeal all or any part of The Snowmobile Act, chapter S150 of the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act.

72

This Act comes into force on a day fixed by proclamation.