V-1.2, r. 3 - Ministerial Order concerning the Pilot project concerning track systems for 4-wheel all-terrain vehicles

Updated to 31 January 2013

This document has official status.

chapter V-1.2, r. 3

Ministerial Order concerning the Pilot project concerning track systems for 4-wheel all-terrain vehicles

Act respecting off-highway vehicles

(chapter V-1.2, s. 47.1).

DIVISION I GENERAL

1. The implementation of the pilot project concerning track systems for 4-wheel all-terrain vehicles is authorized on the following grounds:

(1)  to try out the use of such equipment, mainly on the trails of off-highway vehicle clubs, while ensuring the safety of all-terrain vehicle users;

(2)  to collect information on the use of such equipment to assess its relevancy and, if so, to make minimum standards for its design and traffic safety rules.

M.O. 2010-01, s. 1.

2. For the purposes of this Order, a track system is equipment designed for winter driving and replacing all or some of the wheels of a 4-wheel all-terrain vehicle.

Only all-terrain vehicles equipped with handlebars and that may be ridden are covered by the pilot project.

M.O. 2010-01, s. 2.

DIVISION II INSTALLATION STANDARDS

3. The track system must be firmly affixed, according to the manufacturer’s instructions and recommendations, to a vehicle for which it was designed.

The installation of such a system, in accordance with the provisions of the first paragraph, may not be construed as a removal of equipment or a modification within the meaning of section 6 of the Act respecting off-highway vehicles (chapter V-1.2).

M.O. 2010-01, s. 3.

DIVISION III STANDARDS OF USE

4. The driver of a vehicle equipped with a track system may, from 15 November to 1 April, operate the vehicle

(1)  on an all-terrain vehicle trail referred to in section 15 of the Act respecting off-highway vehicles (chapter V-1.2);

(2)  on a public highway within the meaning of the Highway Safety Code (chapter C-24.2), under the conditions set out in the Act respecting off-highway vehicles;

(3)  on an all-terrain vehicle trail laid out on a road situated on land in the domain of the State and operated by an off-highway vehicle club under the conditions provided for in section 8.1 of the Act respecting off-highway vehicles or, if there is no such trail on such a road, on the road itself, but only for the distance necessary to reach a trail referred to in section 8.1 or section 15 of the Act;

(4)  on a private road open to public traffic, but only for the distance necessary to reach an all-terrain vehicle trail referred to in section 8.1 or section 15 of the Act respecting off-highway vehicles; or

(5)  on lands in the domain of the State, in accordance with section 8 of the Act respecting off-highway vehicles.

The provisions of section 13 of the Act respecting off-highway vehicles apply to this authorization to operate such a vehicle.

M.O. 2010-01, s. 4.

5. The operation of a vehicle equipped with a track system is authorized in the places listed in subparagraphs 1 to 4 of section 4 as long as its overall width does not exceed 1,524 mm.

M.O. 2010-01, s. 5.

6. The operation of a vehicle equipped with a track system on private land, elsewhere than in a place listed in section 4, is subject to the owner’s or lessee’s express authorization.

M.O. 2010-01, s. 6.

7. A person in charge of the maintenance of a place listed in section 4 may place road signs along those roads or trails carrying the message in Schedule 1 to prohibit the use of all-terrain vehicles equipped with track systems on those roads or trails.

The driver of a vehicle equipped with a track system is required to comply with such signs.

M.O. 2010-01, s. 7.

DIVISION IV COLLECTION OF INFORMATION

8. The Ministère des Transports is responsible for collecting information on the use of track systems for 4-wheel all-terrain vehicles.

M.O. 2010-01, s. 8.

9. Where a bodily injury is sustained by a person in an accident involving a vehicle equipped with a track system, off-highway vehicle clubs must immediately send a copy of any accident report to the Department or the Fédération québécoise des clubs quads.

M.O. 2010-01, s. 9.

10. Any person providing his or her identity may send the Department written observations on this pilot project.

M.O. 2010-01, s. 10.

DIVISION V PENAL

11. The owner of a vehicle equipped with a track system not complying with the provisions of section 3 commits an offence and is liable to a fine from $100 to $200.

M.O. 2010-01, s. 11.

12. The driver of a vehicle equipped with a track system who travels in a place listed in section 4 outside the authorized period set therein commits an offence and is liable to a fine from $100 to $200.

M.O. 2010-01, s. 12.

13. The driver of a vehicle equipped with a track system who travels in a place listed in subparagraphs 1 to 4 of section 4 commits an offence and is liable to a fine from $100 to $200 if the vehicle’s overall width exceeds the limit set in section 5.

M.O. 2010-01, s. 13.

14. The driver of a vehicle equipped with a track system who travels on private land without the owner’s or lessee’s authorization commits an offence and is liable to a fine from $250 to $500.

M.O. 2010-01, s. 14.

15. The driver of a vehicle equipped with a track system who contravenes the provisions of the second paragraph of section 7 commits an offence and is liable to a fine from $100 to $200.

M.O. 2010-01, s. 15.

DIVISION VI MISCELLANEOUS AND FINAL

16. This Order has precedence over any incompatible provision of the Act respecting off-highway vehicles (chapter V-1.2).

M.O. 2010-01, s. 16.

17. This Order is revoked as of 11 March 2015.

M.O. 2010-01, s. 17; M.O. 2012-14, s. 1.

SCHEDULE 1

M.O. 2010-01, Sch. 1.

REFERENCES

M.O. 2010-01, 2010 G.O. 2, 609

M.O. 2012-14, 2013 G.O. 2, 189