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The Snowmobile Act
This is an unofficial archived version of The Snowmobile Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. S150

The Snowmobile Act

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")

"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 passageways thereon; ("route")

"intersection" means the area embraced within the straight production 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")

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

"operator" means a person operating or driving or in actual physical control of a snowmobile; ("conducteur")

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

"prescribed" means prescribed in the regulations; ("prescrit")

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

"registration period" means a period of 36 months beginning on October 1 in 1985 or in each third year thereafter and ending on the last day of September in the third year after the date on which the period begins; ("période d'immatriculation" )

"remote community" means any community, town or village which is not connected with the provincial highway system and which is situated in that part of the province lying north and east of a line drawn along the 53rd parallel, beginning at the boundary line between the Province of Manitoba and the Province of Saskatchewan, to the most easterly shore of Lake Winnipeg; thence south-westerly following the sinuosities of the east shore line of Lake Winnipeg to the 51st parallel; thence east along the 51st parallel to the boundary line between the Province of Manitoba and the Province of Ontario; ("communauté éloignée")

"roadway" means the portion of a highway designed, or ordinarily used for vehicular traffic and includes the parking lane, if any, and the shoulders; ("chaussée")

"snowmobile" means a vehicle other than a vehicle registered under The Highway Traffic Act that

(a) is designed to be self-propelled,

(b) 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 propellor, or as a toboggan equipped with tractor treads or a propellor, and

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

and includes an all-terrain vehicle; ("motoneige")

"traffic board" means The Highway Traffic Board established under The Highways Protection Act. ("conseil routier")

Meaning of other words and expressions.

1(2)

Words and expressions used in this Act and not defined in subsection (1) have the same meanings as are assigned to them under The Highway Traffic Act.

Registration required.

2

Subject to section 3, no person shall operate a snowmobile in any registration period unless the owner thereof has registered it for that registration period with the registrar and paid to him the fee prescribed for the registration.

Exemption from registration.

3

Section 2 does not apply to a person operating a snowmobile that 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 30 consecutive days in any year; or

(b) 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 issued by the Department of National Defence; or

(c) exempt from section 2 under the regulations; or

(d) owned by or in the possession of a manufacturer of, dealer in, or person who repairs or services, snowmobiles if there is attached thereto and exposed thereon an identification number plate furnished by the registrar under section 4.

Plates for dealers, etc.

4(1)

Upon application and payment by the applicant of the prescribed fee, the registrar may issue for each registration period a registration number plate to a manufacturer of, dealer in, or person who repairs or services, snowmobiles.

No decals required for dealers.

4(2)

A snowmobile that bears a registration number plate issued under subsection (1) is not required to have displayed thereon the permanent snowmobile identification number decals as required under section 16.

Application for registration.

5

The owner of a snowmobile 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 therefor.

Issue of decals, plates and certificates.

6(1)

Subject as hereinafter provided, on application under section 5 and payment by the applicant of the prescribed fee, the registrar shall assign a registration number and a permanent identification number to the snowmobile in respect of which the application is made, and issue to the applicant

(a) two permanent snowmobile identification number decals upon initial registration; and

(b) one registration number plate for each registration period; and

(c) a registration certificate bearing the date of issue and the name and address of the registered owner and stating that the vehicle is registered in accordance with this Act for the period in respect of which the registration certificate is issued;

and he shall cause the name and address of the owner, and the registration number, the permanent snowmobile identification number and the description of the snowmobile to be recorded.

Issuance of validation stickers.

6(2)

In addition to the registration number plate required under clause (l)(b), there shall be affixed thereto, in each registration period or portion thereof for which new registration number plates are not issued, a validation sticker issued by the registrar showing a distinctive number and the expiry date of the registration period for which it is issued, and which shall be affixed to the registration number plate in a manner prescribed in the regulations.

Crown owner of plates.

7

Every registration number plate issued by the registrar is and shall remain the property of the Crown, and shall be returned to the registrar when required by him.

Return of plate on transfer of snowmobile.

8(1)

Subject to subsections (3) and (4), where the ownership of a registered snowmobile passes from the registered owner, the registration of the snowmobile expires and the registered owner or, in case of his death, his legal representative, shall forthwith return the registration number plate and registration certificate to the registrar.

Refund on return of plates.

8(2)

Where the registered owner or his legal personal representative complies with subsection (1) while there is still more than 24 months left before the registration of the snowmobile expires, he is entitled to a refund of 2/3 of the fee paid therefor; and while there is more than 12 months left before the registration of the snowmobile expires, he is entitled to a refund of 1/3 of the fee paid therefor.

Transfer of number plates to other snowmobile.

8(3)

Where the registered owner of a snowmobile transfers the ownership thereof, upon complying with the requirements of the registrar and paying the prescribed fee, he may, not later than seven days after the transfer of ownership, have the registration number plates transferred to another snowmobile owned by him.

Transferring plates for new snowmobile.

8(4)

Where subsection (3) applies to the transfer of ownership of a snowmobile, if the person transferring ownership acquires another snowmobile, he may during the period of seven days following the transfer of ownership attach to, and expose on, the other snowmobile for which he has not acquired registration number plates, the number plates issued in respect of the snowmobile the ownership of which he has transferred, and may drive or permit the driving of the newly acquired snowmobile for the balance of the seven days without it being registered under this Act.

Decal to remain with snowmobile.

8(5)

Upon transfer of ownership of a snowmobile, the permanent snowmobile identification number decals, issued for that snowmobile under subsection 6(1), shall remain with the snowmobile.

Lost or illegible plates or decals.

9

Where a registration number plate or a permanent snowmobile identification number decal is lost or destroyed, or becomes illegible, the registered owner shall forthwith apply for a new registration number plate or permanent snowmobile identification number decal, as the case may be, and shall

(a) return his registration certificate to the registrar;

(b) pay the prescribed fee to the registrar; and

(c) furnish to the registrar such proof of loss or destruction as may be required by the registrar and returning any illegible or remaining plate.

Lost registration certificate.

10

Where the registered owner of a snowmobile loses his registration certificate, he may obtain a duplicate of the registration certificate upon application to the registrar, payment of the prescribed fee and furnishing such proof of loss as may be required by the registrar.

Change of name or address.

11

Where the registered owner of a snowmobile changes his address or name as registered with the registrar, he shall, within 15 days of the change thereof, cause to be filed with the registrar notice of the change of address or name.

Age of registrant.

12

No person under the age of 16 years shall register a snowmobile; and no person under the age of 18 years shall register a snowmobile unless he has deposited with the registrar the written consent of his parent or guardian to the registration of the snowmobile.

Proof of ownership and age.

13

Before registering a snowmobile the registrar

(a) shall require proof of ownership thereof; and

(b) may require proof of age of the applicant.

Obliterated serial numbers.

14

The registrar shall not register a snowmobile

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

(b) where the snowmobile, by reason of being rebuilt or made up 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 snowmobile.

New identification number.

15

Where the registrar is satisfied under section 14 of the ownership of a snowmobile, he may grant permission to the owner thereof to cut, impress or emboss, or attach permanently, to the snowmobile a special identification number or a mark, which thereafter shall be deemed sufficient identification for the purposes of registration of the snowmobile.

Snowmobile must have decals and plates.

16

Subject to section 4, no person shall operate or permit, authorize or cause to be operated, a snowmobile required to be registered under this Act unless there are displayed thereon

(a) two permanent snowmobile identification number decals issued by the registrar; and

(b) one registration number plate for the registration period with a validation sticker affixed where required by subsection 6(2).

Location of decals and plates.

17(1)

Except as may otherwise be required under this Act, the owner of a registered snowmobile shall affix

(a) a permanent snowmobile identification number decal on each side of the front cowl in a secure manner and in a conspicuous position; and

(b) the registration number plate on the left side of the rear of the snowmobile in the space between the lower edge of the seat and the running board as near to the rear end of the snowmobile as is practicable.

Location of dealer's plates.

17(2)

Where a snowmobile is owned by a manufacturer of, or dealer in, snowmobiles, or is being operated by a person who repairs or services snowmobiles, and it is not registered under this Act, the manufacturer, dealer or person repairing or servicing the snowmobile shall attach the registration number plate issued to him under section 4 in a conspicuous position

(a) on the left side of the front of the snowmobile as near to the rear edge of the front cowl as is practicable; or

(b) on the left side of the rear of the snowmobile.

Location of the decals and plate on all-terrain vehicles.

17(3)

Where a snowmobile is an all-terrain vehicle, the owner shall affix

(a) a permanent snowmobile identification number decal on each rear fender in a secure manner and in a conspicuous position; and

(b) the registration number plate to the rear of the all-terrain vehicle in a secure and conspicuous position.

Location of dealer's plates on all-terrain vehicles.

17(4)

Where a snowmobile is an all-terrain vehicle, the number plate issued under section 4 shall be affixed to the rear of the all-terrain vehicle in a secure and conspicuous position.

Legibility of plates.

18

Every registration number plate and permanent snowmobile identification number decal on a snowmobile shall be kept free from dirt and shall be so fixed and maintained that the number thereon may at all times be plainly visible and clearly legible, and that the view thereof is not obscured or obstructed.

Offences respecting plates, decals and certificates.

19(1)

No person shall

(a) deface or alter any registration certificate, registration number plate or permanent snowmobile identification number decal issued under this Act; or

(b) use or permit the use of any defaced or altered registration certificate, registration number plate or permanent snowmobile identification number decal issued under this Act; or

(c) except as provided in this Act, use or permit the use of any registration number plate or permanent snowmobile identification number decal upon a snowmobile other than the snowmobile for which the registration number plate or permanent snowmobile identification number decal, as the case may be, was issued; or

(d) display or permit the display of any number or design similar in size, colour or appearance to the numbers on the permanent snowmobile identification number decals or to the design of the permanent snowmobile identification number decals issued under this Act on the sides of the front cowl of a snowmobile.

Penalty.

19(2)

Any person who contravenes, disobeys, or violates, or fails to observe, obey or comply with clause 1(a) or (b) is guilty of an offence and liable, on summary conviction, to a fine of not less than $50. or more than $200., or, in default, to imprisonment for a period not exceeding 30 days.

Production of registration certificate.

20

The registered owner shall produce the registration certificate to a peace officer or to the registrar on demand.

Information as to registered owner.

21

Where the operator of a snowmobile informs a peace officer that he is not the registered owner thereof, he shall give to the peace officer, on demand, the name and address of the registered owner of the snowmobile, or of the person who authorized or permitted the operator to operate the snowmobile.

Headlights and taillights.

22(1)

Every snowmobile shall, at all times while it is being operated, be equipped with

(a) one headlamp in good working order which shall cast a white light only; and

(b) at least one lamp which, or each of which, is in good working order, casts a red light to the rear of the snowmobile, and is visible, under normal atmospheric conditions, from a distance of 500 feet.

Mufflers.

22(2)

Every snowmobile shall be equipped with a noise muffler in good working order which shall be in constant operation while the engine is running to prevent excessive or unusual noise; and no person shall equip a snowmobile with or use a snowmobile equipped with, a muffler cut-out, straight exhaust, gutted muffler, Hollywood muffler, by-pass, or any device which has the effect of by-passing or reducing the effectiveness of a noise muffler.

Sound pressure levels of mufflers.

22(3)

The muffler of every snowmobile of the year or model prescribed in the regulations, shall not cause or emit sound pressure level, measured in decibels, above the level prescribed in the regulations.

Prohibited use of certain snowmobiles.

22(4)

No person shall operate a snowmobile that causes or emits noise above the level prescribed in the regulations.

Certain devices on snowmobiles prohibited.

22(5)

No person shall operate, or permit the operation of, a snowmobile that is not equipped with a muffler in good working order; or that is equipped with 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 muffler.

Acceptance of oral evidence by judge.

22(6)

Where

(a) any person is charged with committing an offence under this Act by reason of operating a snowmobile which emits a noise above the level prescribed for that class of snowmobile in the regulations; and

(b) evidence of the noise level emitted by the snowmobile is tendered to the judge or justice by oral evidence of the peace officer operating the noise-level measuring device at the time the alleged offence was committed;

the judge or justice may accept the testimony of the peace officer as evidence without requiring expert evidence respecting the functions and operation of the noise-level measuring device or of its efficiency

(c) if the noise-level measuring device is of a type that is approved by the Attorney-General as being suitable for determining levels of noise emitted by snowmobiles;

(d) the noise-level was determined in accordance with the procedures prescribed in the regulations for measuring noise; and

(e) the judge or justice is satisfied the noise-level measuring device was in good working order when the measurement of the noise-level was made.

Approval of noise-level measuring devices.

22(7)

The Attorney-General may, by regulation, approve various types of noise-level measuring devices.

When lights required to be lighted.

23

The lamps with which a snowmobile is required to be equipped shall be lighted by the operator

(a) at any time that the snowmobile is in operation after sunset and before sunrise; and

(b) at any other time when visibility is reduced to 200 feet or less.

Compliance with safety standards by manufacturer.

24(1)

No manufacturer or distributor of new snowmobiles manufactured in the province for sale in the province shall sell, offer for sale, have in possession for sale or deliver for sale a snowmobile unless it and its equipment and components comply with all safety standards prescribed by the Motor Vehicle Safety Act (Canada) and regulations thereunder, as amended from time to time.

Compliance with safety standards by vendors.

24(2)

No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in the province a new snowmobile unless it and its equipment and components comply with all safety standards prescribed by the Motor Vehicle Safety Act (Canada) and regulations thereunder, as amended from time to time.

Alterations, etc. to comply with safety standards.

24(3)

No person shall modify or alter a snowmobile, or replace equipment or components of a snowmobile in such a manner or to such an extent that the snowmobile no longer complies with the safety standards prescribed by the Motor Vehicle Safety Act (Canada) and regulations thereunder, as amended from time to time.

Equipment and components to comply with safety standards.

24(4)

No person shall sell, offer for sale, have in possession for sale, in the province equipment or components of a snowmobile in respect of which standards are prescribed by the Motor Vehicle Safety Act (Canada) and regulations thereunder, as amended from time to time, and that do not comply with all safety standards applicable thereto.

Offence.

24(5)

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

(a) subject to subsection (6), 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; and

(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.

Reduced penalty.

24(6)

Where the judge or justice convicting a person who is not a manufacturer of an offence under subsection (5) is satisfied that the person convicted was unaware that the snowmobile, or its equipment, or the modification did not comply with the standards prescribed by the Motor Vehicle Safety Act (Canada) and regulations thereunder, he may reduce the fine imposed under clause (5)(a) to an amount not less than $50.

Compliance with order of peace officer.

25

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

Age restriction.

26(1)

No person under the age of 16 years shall operate a snowmobile designated by the manufacturer thereof as a racing snowmobile or equipped with an engine that is rated by the manufacturer as having a piston displacement of 340 or more cubic centimeters, unless the person is accompanied by a person who is 16 or more years of age.

Completion of approved training course.

26(2)

No person shall operate a snowmobile in those parts of the province where snowmobiles are required to be registered, unless he has satisfactorily completed an approved training course, in the proper and safe operation of snowmobiles and holds a certificate showing that he has completed such a training course.

Registrar may issue certificate.

26(3)

A certificate required under subsection (2) may be issued by the registrar to any person, who satisfies the registrar that he has had at least one year of experience in the operation of a snowmobile.

Careless operation.

27(1)

No person shall operate a snowmobile

(a) carelessly; or

(b) without reasonable consideration for other persons and property.

Meaning of "operate carelessly".

27(2)

In this section "operate carelessly" means to operate a snowmobile without due care and attention.

Operation of snowmobiles on highways.

28(1)

Subject to subsections 30(1) to (3) and section 32 no person shall operate a snowmobile

(a) on a roadway; or

(b) on, or across, a median of a divided highway.

Definition of "operate".

28(2)

In this section "operate" includes walking beside a snowmobile by a person having actual physical control of the snowmobile while the snowmobile is in motion.

Certain operations prohibited.

29

No person shall operate a snowmobile

(a) on private property without the express or implied consent of the owner or other person having lawful possession or control of the property; or

(b) within 100 feet of a dwelling between the hours of 12 midnight and seven o'clock in the morning, except within 100 feet of a dwelling on his own property or property under his control or as an invited guest; or

(c) at a speed greater than five miles an hour when within 100 feet of a person engaged in ice fishing or of a fishing shanty or shelter; or

(d) within 100 feet of a slide, ski or skating area that is in use at the time, unless the area is enclosed or fenced or unless the snowmobile is required for the maintenance or operation of the ski area.

Authority to cross roadway.

30(1)

Subject to subsection (3), the operator of a snowmobile, if he is over the age of 16 years and holds a valid subsisting driver's licence, chauffeur's licence, or motorcycle operator's licence may operate the snowmobile directly across a roadway from one side to the other

(a) at or within 15 feet of an intersection of two or more roadways;

(b) at any other place where the distance between the nearest intersection of roadways is two or more miles; or

(c) at any place designated by the traffic authority of the highway by by-law or regulation as a place on the highway where snowmobiles may cross the roadway; or

(d) along any highway, or portion thereof, which the traffic authority has, by by-law or regulation, permitted snowmobiles to cross without regard to location.

Clear view of crossing.

30(2)

No person shall cross any roadway if he does not have a clear view of traffic for a sufficient distance to determine whether he can cross the roadway in safety.

Driver's licence not required.

30(3)

Notwithstanding anything in this Act, the operator of a snowmobile while operating it in a remote community, shall not be required to hold a driver's licence, or to have attained the age of 16 years, before operating the snowmobile across a roadway or upon a roadway as may be permitted under this Act or a by-law or regulation made pursuant to section 39 of the Act.

Rules before crossing roadway.

30(4)

Before crossing a roadway, the operator of a snowmobile shall

(a) bring the snowmobile to a stop before entering on the roadway; and

(b) yield the right-of-way to pedestrians crossing the roadway and to traffic that is approaching and that is so close that it constitutes a hazard;

and, after stopping and having yielded the right-of-way he may proceed to cross the roadway with caution.

Crossing roadway at 90 degree angle.

30(5)

Where an operator of a snowmobile crosses a roadway, he shall enter and cross the roadway at an angle of approximately 90 degrees to the direction of the roadway.

Towing prohibited.

30(6)

Except on private property, no person shall operate a snowmobile that draws or tows a sleigh, cutter or toboggan unless the sleigh, cutter or toboggan is connected to the snowmobile by a rigid draw-bar that is so constructed and connected to the snowmobile that the front of the body of the sleigh, cutter or toboggan is no more than three feet from the rear of the body of the snowmobile.

No towing across a roadway.

30(7)

Notwithstanding subsection (6), no person shall tow or draw with a snowmobile a sleigh, cutter, toboggan or another snowmobile, across a roadway unless there is no load or passenger on the sleigh, cutter, toboggan or other snowmobile.

Only one snowmobile to cross roadway at a time.

31

Where the operator of a snowmobile is permitted to operate the snowmobile across a roadway, he shall not cross the roadway at the same time as any other snowmobile is crossing the roadway in the same direction at the same location.

Use of roadways in emergencies.

32(1)

Notwithstanding any other provisions of this Act, where a storm or blizzard renders a highway impassable to vehicular traffic, the minister may by proclamation, authorize, for a fixed period, the operation of snowmobiles on the highway; and during the period operators may operate snowmobiles on the highway.

Regulations Act not to apply.

32(2)

The Regulations Act does not apply to a proclamation made under subsection (1).

Permit for special events.

33(1)

Notwithstanding any other provision of this Act the registrar may issue a special permit authorizing the operation of snowmobiles, participating in parades or special events, to be operated upon a roadway.

Terms and conditions of permit.

33(2)

In granting a permit under this section the registrar may impose such conditions or restrictions as in his opinion are 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.

34

While operating a snowmobile on a highway, the operator thereof 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.

Snowmobile racing prohibited.

35(1)

No person, organization or association, shall sponsor or conduct snowmobile races, or permit snowmobile races to be conducted, unless the person, organization or association obtains from the registrar a permit authorizing the races.

Compliance with regulations.

35(2)

The registrar shall not issue a permit under subsection (1) to any person, organization or association unless he is satisfied that the person, organization or association has complied with all the requirements and safety rules governing snowmobile races as prescribed in the regulations.

Conditions for safety of spectators.

35(3)

In granting a permit under this section the registrar may impose such conditions or restrictions as in his opinion are necessary to ensure the safety of any spectators, and the person, organization or association shall comply with the conditions or restrictions imposed.

Offence.

35(4)

Any person, organization or association who contravenes, disobeys or violates, or fails to observe, obey or comply with subsection (l) or (2) is guilty of an offence and liable, on summary conviction, to a fine of not less than $100. or more than $500., or in default to imprisonment for a period not exceeding three months.

Keeping to the right on highways.

36(1)

Where a snowmobile is operated on a highway other than in crossing the roadway thereof, the operator shall drive the snowmobile to the right of the roadway and in the same direction as vehicular traffic on that side of the roadway is permitted to travel.

Manner of operating snowmobile on roadway.

36(2)

Where a snowmobile is being operated on a roadway, on which the operation of snowmobiles is permitted under the Act, by-law or regulation, the operator shall

(a) drive the snowmobile as close to the right hand edge or curb of the roadway as is practicable; and

(b) except to pass another snowmobile or vehicle, drive in a single line with other snowmobiles.

Onus of owner in respect of operation.

37(1)

The owner of a snowmobile shall not permit or authorize any person under the age of 16 years, or any person who does not hold a valid and subsisting driver's licence, chauffeur's licence, or motorcycle operator's licence, issued under The Highway Traffic Act, to operate a snowmobile upon or across a roadway.

Penalty.

37(2)

Any person who contravenes, disobeys, or violates, or fails to observe, obey or comply with subsection (1) is guilty of an offence and 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.

Certain operators deemed to be operating with permission or authorization of owner.

37(3)

For the purposes of this section, where the operator of a snowmobile operates the snowmobile upon or across a roadway, if the operator

(a) is living with, and as a member of the family of, the owner thereof; or

(b) is employed by the owner thereof;

the owner shall be conclusively deemed to have permitted and authorized the operator to operate the snowmobile upon or across the roadway.

Owner liable for offence.

38(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, a snowmobile; or

(b) occurs by reason of, or with respect to, the ownership, use, or operation of a snowmobile:

the owner of the snowmobile 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 snowmobile was in the possession of a person without the consent of the owner.

Operator liable for offence.

38(2)

Nothing in subsection (1) relieves the operator of a snowmobile from any liability for any offence for a violation of any provision of this Act or the regulations.

Rules of traffic authority.

39(1)

The traffic authority of a highway may make rules supplementary to, or in addition to, but not contrary to any provision of this Act or the regulations made under section 57,

(a) permitting operators of snowmobiles to drive snowmobiles across a roadway at any place along the highway or any portion thereof, or at designated places;

(b) prohibiting operators of snowmobiles from crossing a roadway along all or any part of the highway or at designated places thereof;

(c) permitting the operation of snowmobiles in remote communities upon any roadway or a specified portion thereof situated wholly within the remote community; or

(d) permitting the operation of snowmobiles upon designated roadways or portions thereof situated in other parts of the province.

Traffic Board as traffic authority.

39(2)

For the purposes of subsection (1), the traffic authority for all departmental roads, as defined in The Highways Department Act, is the traffic board.

Approval for certain by-laws.

39(3)

A by-law made by a municipal council or a resident administrator of a local government district to enact a rule under subsection (1) shall not be finally passed unless the traffic board has approved it; and, before approving a by-law under this section, the traffic board may impose such conditions or requirements as it deems necessary or advisable in the public interest.

Erection of snowmobile route signs.

39(4)

Where a traffic authority has by by-law permitted the operation of snowmobiles upon designated roadways or portions thereof, it shall erect a sign, approved by The Traffic Board, at each end of the roadway upon which snowmobiles are permitted to be operated indicating to other traffic that the roadway is a "Snowmobile Route" upon which snowmobiles are permitted to travel.

Rules respecting operation of snowmobiles.

40

Rules supplementary to, or in addition to, but not contrary to any other provision of this Act or the regulations made under section 57,

(a) prescribing periods of the day, or of the year, during which snowmobiles shall not be operated;

(b) prescribing areas in which snowmobiles shall not be operated; and

(c) preventing operators of snowmobiles from making excessive noise;

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.

41

Rules made under section 39 and 40 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 or the traffic board, by regulation;

and, notwithstanding any provision of The Regulations Act, that Act applies to those by-laws and regulations.

Information to be produced in case of accidents.

42(1)

When an accident occurs involving, directly or indirectly, a snowmobile, the operator or other person in charge thereof shall, upon request, produce in writing to anyone sustaining loss or injury from the accident, to any peace officer, and to any witness,

(a) the name and address of the operator;

(b) the name and address of the registered owner of the snowmobile: and

(c) the registration number of the snowmobile; or that part of that information requested.

Notice to owners of damaged property.

42(2)

Where an accident occurs involving, directly or indirectly, a snowmobile, and resulting in damage to any property, the operators thereof shall take all reasonable steps to locate and notify the owner or person in charge of the property damaged of the damage and of the name and address of the operator and the registration number of the snowmobile.

Report on accidents.

43(1)

Subject to subsection (2), where an accident occurs involving, directly or indirectly, a snowmobile and resulting in bodily injury to or death of any person or damage to property belonging to another person to an apparent extent of $100. or more, the operator or person in charge of the snowmobile shall forthwith make a written report in the form prescribed by the registrar and containing such information as may be required thereby to a peace officer having jurisdiction in the area in which the accident occurred.

Where operator incapable of making report.

43(2)

Where the operator is incapable of making the report required under subsection (1) and there is another occupant of the snowmobile capable of making the report, that other occupant shall make the report required to be made by the operator.

Report by owner.

43(3)

Where a report required under subsection (1) has not been made under subsection (1) or (2) and neither the operator nor any passenger or occupant of the snowmobile involved in the accident is the owner of the snowmobile, the owner shall forthwith, after learning of the accident, make the report required under subsection (1).

Report as soon as possible.

43(4)

Where the operator of a snowmobile involved in an accident in respect of which a report is required under subsection (1) is alone on the snowmobile at the time of the accident, is the owner of the snowmobile, and is incapable of making the report required by subsection (1), he shall make the report forthwith after becoming capable of making it.

Copy of report sent to registrar.

44

Where a report of an accident is made under section 43, 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 a copy of particulars of the accident or of the report as may be prescribed by or satisfactory to the registrar.

Onus on owner or operator.

45(1)

Where loss or damage is sustained by any person by reason of the use, operation or maintenance of a snowmobile, 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 snowmobile is upon the owner or driver.

Limitation of subsection (1).

45(2)

Subsection (1) does not apply in case of a collision between snowmobiles or to an action brought by a passenger in a snowmobile in respect of any injury sustained by him while a passenger.

Certain operators deemed agents of owner.

45(3)

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

Restriction on right of action.

46

No person transported on a snowmobile registered under this Act by the owner or operator thereof as a guest without payment for the transportation has a cause of action for damages against the owner for injury, death or loss arising out of an accident involving the snowmobile, unless the accident was caused by the negligence of the owner or operator of the snowmobile and unless the negligence contributed to the injury, death or loss for which the action is brought.

Actions against traffic authorities.

47

No person has a cause of action for damages against a traffic authority having jurisdiction over a highway for injury, death or loss arising out of the operation of a snowmobile on the highway.

False statements.

48(1)

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

Penalty for false statements.

48(2)

Any person who contravenes, disobeys, or violates, or fails to observe, obey, or comply with subsection (1) is guilty of an offence and liable, on summary conviction, to a fine of not less than $50. or more than $200. or in default of payment of the fine to imprisonment for a term of not less than seven days or more than 30 days.

Penalty.

49(1)

Any person who violates, contravenes or disobeys, or refuses, omits, neglects or fails to observe, obey, or comply with any provision of this Act or of the regulations, or of any rule made under section 39 or 40, 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 term not exceeding 30 days.

Judge may acquit or reprimand offender.

49(2)

In any prosecution for an offence against this Act, 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, notwithstanding anything in this Act, instead of imposing the penalty in the Act provided for the offence, either acquit or reprimand the accused.

Detention of snowmobile by peace officer.

50

A peace officer may seize and detain a snowmobile with which an offence has been, or is alleged to have been, committed under this Act until the final disposition of any prosecution under this Act; but the snowmobile may be released if security for its production is given to the satisfaction of a Justice of the Peace.

Suspension of registration by registrar.

51(1)

Upon conviction of

(a) a registered owner of a snowmobile; or

(b) an operator who was, with the knowledge and consent of the registered owner of the snowmobile, operating the snowmobile with which the offence for which he was convicted was committed;

for a third or subsequent offence under this Act, or for any other reasonable cause, and after giving at least 10 days notice in writing to the registered owner, giving him an opportunity to be heard, the registrar may, subject to the right of appeal of the registered owner to apply to the Licence Suspension Appeal Board in accordance with the provisions of The Highway Traffic Act respecting appeals to that board, suspend all the registration certificates and number plates for each snowmobile registered in the name of the owner or operator and the right of the owner or operator to register a snowmobile for a period not exceeding three months.

Application of provisions of The Highway Traffic Act.

51(2)

Section 265, subsection 273(2) and section 279 of The Highway Traffic Act apply, with such modifications as the circumstances require, to proceedings under this Act.

Additional fee.

52

Where an additional registration fee for snowmobiles according to manufacturer's rating is prescribed by the regulations and the owner fails or refuses to pay to the registrar the additional fee prescribed, the registrar shall cancel the registration card and number plates issued to the owner.

Suspension of registration for certain federal offences.

53

Upon conviction of a registered owner or operator of a snowmobile of an offence under section 203, 204, 219, 233, 236, 237, 238, 239 or 242, of the Criminal Code, committed by the registered owner or operator while operating a snowmobile, the registration and number plates issued to the owner or operator and the right of the owner or operator to register a snowmobile, are suspended for a period of six months.

Report of conviction.

54(1)

Every judge or justice who

(a) convicts any person of an offence under this Act; or

(b) adjudges any person to have committed a delinquency under the Young Offenders Act (Canada) by reason of a violation of any provision of this Act;

shall forthwith certify the conviction or judgment to the registrar in such form as the registrar may require and setting out the name, address and date of birth of the person convicted or adjudged, the number of his licence, if any, the number of the identification plates of the snowmobile with which the offence or violation was committed, the nature of the offence and the time and place where the offence was committed.

Fee for certificate.

54(2)

A judge or justice required to make or certify a conviction under subsection (1) may add to the costs of the proceedings resulting in the conviction or judgment the amount of the prescribed fee for his costs of the certificate.

Certificate of registrar as evidence.

55

A certificate purporting to be signed by the registrar and certifying as to any manner of record in his 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 the matter therein certified, without proof of the signature of the registrar.

Number plate issuers.

56

A person authorized by the minister to register motor vehicles and trailers under subsection 5(15) of The Highway Traffic Act may register snowmobiles and the minister may fix the fee to be retained by the person so authorized for each registration certificate, registration number plate and pair of permanent snowmobile identification number decals and validation stickers issued by the authorized person.

Regulations.

57

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

(b) requiring and prohibiting the use of any equipment in connection with snowmobiles or things that may be attached to snowmobiles;

(c) respecting the registration of, and prescribing the requirements, rules and conditions that shall be observed by owners and operators of snowmobiles;

(d) providing for the payment of fees for copies of 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 the amount of such fee;

(e) exempting snowmobiles used exclusively for specified purposes, and the owners and operators thereof, from specified provisions of this Act other than sections 27, 42, 43, 45, 46, 47 and 48;

(f) exempting snowmobiles used exclusively in specified areas, and the owners and operators thereof from specified provisions of this Act other than sections 27, 42, 43, 45, 46, 47 and 48;

(g) prescribing safety rules and other requirements or conditions respecting the conduct of races involving snowmobiles;

(h) respecting any matter deemed necessary to provide for the use of traffic offence notices;

(i) prescribing maximum level of noise, measured in decibels on the "A" scale of a sound pressure measuring device, for snowmobiles of a certain year or model;

(j) prescribing the form and style of special permits;

(k) prescribing fees for the registration of snowmobiles according to manufacturer's piston displacement rating and measured in cubic centimetres;

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

(m) prescribing fees to be paid to the registrar for searches of records of snowmobiles maintained by the registrar, or for furnishing particulars of snowmobiles registered under this Act;

(n) prescribing the manner of and the position for affixing validation stickers to registration number plates.

Commencement.

58

Subsections 22(3) to (7) and section 26 come into force on the day fixed by proclamation.