V-1.2, r. 5 - Regulation respecting off-highway vehicles

Full text
chapter V-1.2, r. 5
Regulation respecting off-highway vehicles
OFF-HIGHWAY VEHICLES — REGULATION
Act respecting off-highway vehicles
(chapter V-1.2, ss. 46 and 87).
V-1.2
September 1 2012
O.C. 1222-2004; O.C. 936-2009, s. 1.
DIVISION 1
OBLIGATIONS OF THE OPERATOR
1. No person may operate an off-highway vehicle at a rate of speed greater than 30 km/h in a place referred to in paragraph 1 of section 12 of the Act respecting off-highway vehicles (chapter V-1.2) or on a trail in places within 30 m of a dwelling, a facility operated by a healthcare institution or an area reserved for cultural, educational, recreational or sports activities.
No person may operate an off-highway vehicle between the hours of 10:00 p.m. and 6:00 a.m. on a trail referred to in paragraph 4 of section 12 of the Act.
The first paragraph applies even where there are no signs or signals to indicate the rate of speed prescribed.
The second paragraph does not apply where a municipal by-law adopted pursuant to paragraph 2 of section 48 of the Act determines a different period during which the operation of off-highway vehicles is prohibited.
O.C. 1222-2004, s. 1.
1.1. An operator of an off-highway vehicle modified in accordance with the first paragraph of section 21.1 of the Act may not transport a passenger when using a portion of a trail having a steep ascending slope of 17% or more signposted in accordance with sections 17 and 24.1.
O.C. 936-2009, s. 2.
1.2. (Revoked).
O.C. 936-2009, s. 2; S.Q. 2014, c. 12, s. 58.
2. Every operator of an off-highway vehicle must stop the vehicle before crossing a public highway, a private road open to public vehicular traffic or a railway, and proceed only after ascertaining that this may be done without risk of collision. To cross a public highway, the operator must stop the vehicle at the near side of the roadway.
O.C. 1222-2004, s. 2.
3. No person may operate an off-highway vehicle in reverse without ascertaining that this may be done without obstructing traffic and without risk of collision.
O.C. 1222-2004, s. 3.
4. The operator of an off-highway vehicle carrying a passenger under 14 years of age must ensure at all times that the passenger complies with section 23 of the Act.
O.C. 1222-2004, s. 4.
5. No operator of an off-highway vehicle may cross or drive on a public highway unless the operator holds the licence required under the third paragraph of section 18 of the Act.
O.C. 1222-2004, s. 5.
6. The operator of an off-highway vehicle involved in an accident must remain at or immediately return to the scene of the accident and render the necessary assistance to any person who has sustained injury or damage.
O.C. 1222-2004, s. 6.
7. If a person has sustained bodily injury in an accident, the operator of an off-highway vehicle involved in the accident must call on a peace officer so that the peace officer may draw up a report and submit a copy to the Société de l’assurance automobile du Québec within 8 days of the accident.
O.C. 1222-2004, s. 7.
8. The operator of an off-highway vehicle involved in an accident must inform the Société without delay if the vehicle has been completely destroyed.
O.C. 1222-2004, s. 8.
9. For the purposes of sections 6 to 8, an accident is an event during which injury or damage is caused by a moving off-highway vehicle.
O.C. 1222-2004, s. 9.
DIVISION 2
OBLIGATIONS OF THE PASSENGER
10. The passenger of an off-highway vehicle equipped with a straddle seat must ride behind the operator and remain seated facing forward with both feet on the foot-rests at all times while the vehicle is in motion.
O.C. 1222-2004, s. 10; S.Q. 2014, c. 12, s. 59.
11. No passenger may stand in or on a trailer or sleigh being towed by a moving off-highway vehicle.
O.C. 1222-2004, s. 11.
DIVISION 2.1
OTHER OBLIGATIONS
S.Q. 2014, c. 12, s. 60.
11.01. An occupant who uses over-the-counter medication or medication prescribed by a professional authorized to do so is not subject to the prohibition on consuming a drug provided for in section 24 of the Act.
With regard to cannabis prescribed for medical purposes, the exception provided for in the first paragraph applies only if the cannabis is not smoked and the occupant concerned is neither the driver nor a person having the care or control of an off-highway vehicle.
For the purposes of this Regulation, a reference to to smoke and smoking also applies to the use of a pipe, a bong, an electronic cigarette or any other device of that nature.
764-2019O.C. 764-2019, s. 5.
11.1. No person may operate a vehicle propelled solely by an electric motor elsewhere than on private land, unless the vehicle is equipped with a triangular orange warning sign having a red reflective edge and complying with Standard ANSI/ASAE S276.6 published in January 2005 by the American Society of Agricultural Engineers or any subsequent amendment to that standard.
The sign must be attached with an angle of the triangle pointing upward, vertically and perpendicular to the direction taken by the vehicle, as close as possible to the rear, at the centre of the vehicle or as close as possible to the left, at a height of not less than 50 cm or more than 150 cm measured from the ground to the base of the sign.
The sign must be in good condition, securely attached to the vehicle and free from any object or matter that could reduce its visibility up to a distance of 180 m.
S.Q. 2014, c. 12, s. 60.
DIVISION 2.2
MANDATORY EQUIPMENT STANDARDS
S.Q. 2014, c. 12, s. 60.
11.2. Every all-terrain tire on a recreational off-highway vehicle must bear one of the following markings on its sidewall:
(1)  “AT” or “A/T”;
(2)  “NHS” or “not for highway service”;
(3)  “Not for highway use”.
The dimensions of such a tire must be indicated on the sidewall as follows: its total height, its width and the diameter of the rim on which it can be mounted.
S.Q. 2014, c. 12, s. 60.
DIVISION 3
DRIVING ON PUBLIC HIGHWAYS
12. An off-highway vehicle may be operated on a public highway, off the roadway, shoulder, sidewalk and ditch area, provided that
(1)  the public highway is the only thoroughfare that allows travel in an urbanization perimeter within the meaning of the Act respecting land use planning and development (chapter A-19.1) or that allows a natural physical obstruction or land intended for purposes inconsistent with off-highway vehicular traffic to be avoided or a fuelling station to be reached;
(2)  the public highway links 2 sections of a trail or connects a trail to a fuelling station;
(3)  a written agreement between the maintenance authority of the public highway and the trail operator sets out the conditions for the layout and maintenance of the trail and surrounding area and for the operation of off-highway vehicles so as to ensure the safety of all users of the public highway and to prevent or limit damage to the trail, the surrounding area or anything thereon or therein; and
(4)  the operator complies with the conditions for the operation of off-highway vehicles agreed on under subparagraph 3.
Subparagraph 1 of the first paragraph does not apply to the part of the right-of-way of a public highway that has not yet been constructed or laid out.
O.C. 1222-2004, s. 12.
DIVISION 4
TRAIL SECURITY OFFICERS
13. To be a trail security officer, a person must
(1)  be of full age;
(2)  not have been found guilty of or pleaded guilty to a criminal offence in connection with the operation of a road vehicle or an off-highway vehicle in the last 5 years unless a pardon has been granted; and
(3)  have taken the oath in Schedule 1 before a person authorized to administer oaths.
O.C. 1222-2004, s. 13.
13.1. A trail security officer recruited by an association of off-highway vehicle clubs under paragraph 3 of section 37 of the Act must, in addition to the conditions provided for in section 13,
(1)  have 2 years’ experience as a trail security officer;
(2)  have taken a training program offered by the association of off-highway vehicle clubs that recruited the officer and complied with the requirements to successfully complete the program;
(3)  not have been found guilty of or pleaded guilty to a criminal offence in the last 5 years unless a pardon has been granted;
(4)  hold a driver’s licence authorizing the officer, under the Highway Safety Code (chapter C-24.2), to drive a road vehicle on a public highway within the meaning of the Code; and
(5)  hold a certificate issued by the association of off-highway vehicle clubs that recruited the officer attesting that the person identified by the certificate complies with the requirements in this section.
O.C. 936-2009, s. 3.
14. Trail security officers must perform their duties only on the trails operated by the off-highway vehicle club by which they were recruited, unless they have written authorization from another club for the trails operated by that club, or on trails operated by member clubs that are part of the same association as the club by which they were recruited.
O.C. 1222-2004, s. 14.
DIVISION 5
OFF-HIGHWAY CLUB AND SIGNING
15. All signs erected by an off-highway vehicle club on a trail it operates must be maintained in good condition by the club during the period of use of the trail.
O.C. 1222-2004, s. 15.
16. An off-highway vehicle club must erect a red, amber and green traffic signal at all trail crossings and at all intersections referred to in section 2 where there is no mandatory stop sign.
O.C. 1222-2004, s. 16.
17. Every off-highway vehicle club must erect the following signs on its trails:
(1)  the regulatory signs illustrated in Schedule 2, comprising the following:
(a)  a P-10 mandatory stop sign, in particular for the purposes of section 2 at a crossing of trails laid out for off-highway vehicle traffic or for another sport, unless there is a written agreement between the operators of the trails that ensures safety at the crossing;
(b)  a P-70 speed limit sign;
(c)  a P-70-P tab sign installed below a P-70 residential area sign, for the purposes of section 1;
(d)  a P-80-3 sign indicating two-way traffic;
(e)  a P-90-D sign indicating an obstruction to avoid;
(f)  a P-130-58 sign indicating that it is prohibited to transport a passenger on a seat added to a vehicle modified in accordance with section 21.1 of the Act on any portion of a trail having a steep ascending slope of 17% or more;
(g)  a P-230-P tab sign indicating the end of a requirement; and
(h)  a P-245-P-2 tab sign indicating the distance to travel before the requirement begins;
(2)  the warning signs illustrated in Schedule 3, comprising the following:
(a)  a D-10-1 sign indicating a stop sign ahead;
(b)  a D-50-1 sign indicating a traffic signal ahead;
(c)  a D-90-1 sign indicating the beginning of a divided trail;
(d)  a D-90-2 sign indicating the end of a divided trail;
(e)  D-110-1-D and D-110-1-G signs indicating a 81 ° to 140 ° curve;
(e.1)  D-110-6-D and D-110-6-G signs indicating a curve of more than 140 °;
(e.2)  a D-230-11 sign indicating a steep ascending slope in a trail laid out for motorized all-terrain vehicle traffic; and
(f)  D-290-D and D-290-G signs indicating an obstruction or other hazard; and
(3)  the roadwork signs illustrated in Schedule 4, comprising the following:
(a)  a T-50-1 sign indicating roadwork;
(b)  a T-50-P tab sign indicating the extent of the roadwork;
(c)  T-80-9 and T-80-10 signs indicating that the trail is closed;
(d)  T-90-1, T-90-2-D and T-90-2-G signs indicating a detour; and
(e)  T-90-3-D and T-90-3-G signs indicating a detour ahead.
O.C. 1222-2004, s. 17; O.C. 936-2009, s. 4.
18. The signs referred to in section 17 and every other sign erected by a club must be the following colours and bear the following markings and numerals:
(1)  regulatory signs must have a black border 6 mm in width set in 4 mm from the edge of the sign and bear a black symbol or black letters on a white background, except for the mandatory stop sign, which must bear white letters 127 mm in height and have a white border 12 mm in width on a red background;
(2)  warning signs, with the exception of hazard markers, must have a black border 6 mm in width set in 4 mm from the edge of the sign and bear a black symbol on a yellow background, except for the D-10-1 sign, which is red; and
(3)  roadwork signs must have a black border 6 mm in width set in 4 mm from the edge of the sign and bear a black symbol on an orange background.
O.C. 1222-2004, s. 18.
19. The sign shapes must be as follows:
(1)  regulatory signs must be rectangular, with the exception of the mandatory stop sign which must be octagonal;
(2)  danger and roadwork signs must be diamond-shaped or square, with the exception of hazard markers which must be rectangular.
O.C. 1222-2004, s. 19.
20. The sign dimensions must be as follows:
(1)  rectangular signs: 300 mm × 375 mm;
(2)  square and diamond-shaped signs: 300 mm × 300 mm.
Despite subparagraph 1 of the first paragraph, the dimensions of D-290-D and D-290-G signs may not be less than 150 mm × 450 mm.
Despite subparagraph 1 of the first paragraph, the dimensions of the P-130-58 sign may not be less than 300 mm × 600 mm.
Despite subparagraph 2 of the first paragraph, the dimensions of P-10, D-10-1 and D-50-1 signs may not be less than 450 mm × 450 mm.
The dimensions of signs and the symbols and legend displayed on them may be greater than the dimensions prescribed in the first paragraph provided that the dimensions remain in proportion to each other.
O.C. 1222-2004, s. 20; O.C. 936-2009, s. 5.
20.1. The tab sign dimensions may not be less than 300 mm × 150 mm.
O.C. 936-2009, s. 6.
21. All signs must be covered with retroreflective sheeting, with the exception of the black items.
O.C. 1222-2004, s. 21.
22. The signs must be visible at all times and be placed on the right side of the trail, facing approaching traffic, not less than 500 mm or more than 2 m from the area reserved for traffic.
O.C. 1222-2004, s. 22.
23. The distance between the bottom edge of the sign or tab sign and the level of the trail may not be less than 1 m or more than 2 m, unless that distance must be increased to ensure the sign remains visible above snow accumulations.
O.C. 1222-2004, s. 23.
24. Regulatory signs must be erected at the places where the requirement applies. Mandatory stop signs (P-10), however, must be placed as close as possible to the beginning of an intersection or road or railway crossing, at a distance of not more than 2 m.
Warning signs, with the exception of D-290-D and D-290-G signs, must be erected between 30 and 100 m ahead of the obstruction or hazard.
O.C. 1222-2004, s. 24.
24.1. Despite section 24, in the case of any portion of a trail having a steep ascending slope of 17% or more, that portion is signposted by means of warning and regulatory signs erected in the following order:
(1)  a D-230-11 sign is erected 150 m before the requirement begins;
(2)  a P-130-58 sign accompanied by a P-245-P-2 tab sign is erected 75 m before the requirement begins;
(3)  a P-130-58 sign is erected where the requirement begins;
(4)  a P-130-58 sign accompanied by a P-230-P tab sign is erected where the requirement ends.
For the purposes of subparagraphs 1 and 2 of the first paragraph, an off-highway vehicle club may have the distances provided for in those subparagraphs varied by plus or minus 10%.
O.C. 936-2009, s. 7.
25. No illustration, publicity or tourist advertisement may be placed on a sign or sign post, or be installed in such a way as to obstruct a sign or signal.
O.C. 1222-2004, s. 25.
26. A trail whose lateral boundary lines are not marked by a fence or in another way and every trail which crosses a non-wooded area over a distance of more than 150 m must be staked by the operator with red markers in the case of a snowmobile trail and with blue markers in the case of an all-terrain vehicle trail. The markers must be placed on both sides of the trail at intervals not exceeding 90 m.
Each marker must be not less than 25 mm in diameter and not less than 1.5 m in height; the height of a marker must be increased as required to ensure it remains visible above snow accumulations.
Each marker must have a strip or plate of a resistant material 25 mm in width by 75 mm in height securely fixed to its upper edge. The surface of the strip or plate must be white or yellow and be covered with retroreflective sheeting.
O.C. 1222-2004, s. 26.
DIVISION 6
OFFENCES
27. Every operator of an off-highway vehicle who contravenes any of the provisions of the second paragraph of section 1, sections 1.1, 2 to 8 and 12 is liable to the fine prescribed in section 53 of the Act.
Every operator of an off-highway vehicle who contravenes a provision of the first paragraph of section 1 is liable to the fine prescribed in section 59.1 of the Act.
O.C. 1222-2004, s. 27; O.C. 936-2009, s. 8; S.Q. 2014, c. 12, a. 61.
28. Every person who contravenes any of the provisions of sections 10 to 11.1 is liable to the fine prescribed in section 53 of the Act.
O.C. 1222-2004, s. 28; S.Q. 2014, c. 12, s. 62.
28.1. An off-highway vehicle club that contravenes a provision of subparagraph a, f, g or h of paragraph 1 or subparagraph a, e, e.1 or e.2 of paragraph 2 of section 17 or sections 22 to 24.1 is liable to the fine prescribed in section 53 of the Act.
O.C. 936-2009, s. 9.
DIVISION 7
FINAL
29. (Amendments integrated into sections 1 to 5, 22, 23, 35 to 44, 46 to 53, 56 to 63, 65 to 67, 73 to 77, 82 to 84, 92, 93 and 105 to 119 and Schedule A of c. V-1.2, r. 1).
O.C. 1222-2004, s. 29.
30. (Amendments integrated into sections 1, 2, 5 to 7 and 10 to 12 of c. V-1.2, r. 2).
O.C. 1222-2004, s. 30.
31. (Omitted).
O.C. 1222-2004, s. 31.
OATH OF THE TRAIL SECURITY OFFICER
“I, (last name, first name), declare under oath that I will perform all duties and exercise all powers assigned to a trail security officer faithfully, impartially and honestly, to the best of my ability and knowledge.
I also declare under oath that I will neither reveal nor disclose, unless expressly authorized, any confidential information that may come to my knowledge in the performance of my duties.”.
O.C. 1222-2004, Sch. 1.
SCHEDULE 2
(s. 17, par. 1)
REGULATORY SIGNS




P-10 P-10
Mandatory stop Mandatory stop
450 x 450 450 x 450










P-70 P-70-P
Speed limit Residential area
300 x 375 300 x 150












P-80-3 P-90-D
Two-way Obstruction to
traffic avoid
300 x 375 300 x 375













P-130-58 P-245-P-2 P-230-P
Passenger in Distance to travel before Requirement
added seat prohibited requirement begins ends
(300 x 600) (300 x 150) (300 x 150)
O.C. 1222-2004, Sch. 2; O.C. 936-2009, s. 10.
SCHEDULE 3
(s. 17, par. 2)
WARNING SIGNS



D-10-1 D-10-1
Stop sign Stop sign
ahead ahead
450 x 450 450 x 450








D-50-1 D-110-1-D D-110-1-G
Traffic signals 81° to 140° 81° to 140°
ahead curve curve
450 x 450 300 x 300 300 x 300




D-90-1 D-90-2
Divided Divided
trail trail
300 x 300 300 x300








D-110-6-D D-110-6-G
Curve more Curve more
than 140° than 140°
(300 x 300) (300 x 300)










D-230-11
Steep
ascending slope
(300 x 300)









D-290-D D-290-G
Hazard Hazard
marker marker
150 x 450 150 x 450
O.C. 1222-2004, Sch. 3; O.C. 936-2009, s. 11.
SCHEDULE 4
(s. 17, par. 3)
ROADWORK SIGNS





T-50-1 T-250-P-3
Roadwork Extent of
300 x 300 roadwork tab sign
300 x 150








T-80-9 T-80-10
Snowmobile trail All-terrain vehicle
closed trail closed
300 x 300 300 x 300








T-90-1 T-90-2-D T-90-2-G
Detour straight Detour right Detour left
300 x 300 300 x 300 300 x 300









T-90-3-D T-90-3-G
Detour right Detour left
ahead ahead
300 x 300 300 x 300
O.C. 1222-2004, Sch. 4; O.C. 936-2009, s. 12.
REFERENCES
O.C. 1222-2004, 2004 G.O. 2, 3627A
O.C. 936-2009, 2009 G.O. 2, 3228
S.Q. 2014, c. 12, ss. 58 to 62
764-2019, 2019 G.O. 2, 1647O.C. 764-2019, 2019 G.O. 2, 1647