V-1.2 - Act respecting off-highway vehicles

Section 46 Disposition versions

2014-12-17

46. The Government may make regulations

(1)  subjecting motor vehicles intended to be operated off public highways to the application of this Act;

(1.1)  prescribing conditions for the use of an off-highway vehicle designed by the manufacturer to be operated by a person under 16 years of age;

(2)  exempting certain types of off-highway vehicles and their operators, or certain off-highway vehicles according to the use made of the vehicles, from the application of all or any of the provisions of this Act and determining the conditions and special rules applicable to them;

(3)  exempting certain types of vehicles and their operators from the application of all or any of the provisions of this Act where they operate in a territory it determines, and establishing the conditions and special rules applicable to them;

(3.0.1)  prescribing special rules of use and traffic rules for a quad bike modified in accordance with section 21.1, standards with regard to the load such a vehicle may carry and any other standards with regard to the equipment or safety of the vehicle;

(3.1)  exempting certain classes of off-highway vehicle operators from having to pay the access fee imposed by an off-highway vehicle club to travel on a trail operated by the club;

(3.2)  determining maximum engine power standards for off-highway vehicles available for rental for a period of less than 30 days;

(4)  prescribing mandatory safety equipment for off-highway vehicles, sleighs and trailers;

(5)  establishing standards for the manufacture, installation and use of mandatory equipment for off-highway vehicles, sleighs and trailers;

(6)  establishing, for sleighs and trailers, standards for their manufacture, which may vary according to whether they are to be used for the transport of persons or property;

(7)  establishing standards relating to the intensity, shape and dimensions of headlights, tail-lights, reflectors, rotating lamps and flashing lights;

(8)  in the places it determines on lands in the domain of the State, elsewhere than in the places subject to the conditions, restrictions and prohibitions referred to in subparagraph 1 of the first paragraph of section 8, determining the speed, prohibiting off-highway vehicles or restricting the operation of them to certain types of vehicles or to certain periods of time and, in the latter cases, determining special operating conditions;

(9)  determining the circumstances in which off-highway vehicles may be operated on a public highway, off the roadway and ditch area;

(10)  determining the places where off-highway vehicles may be operated, on the conditions it indicates, within 100 m from a dwelling or reserved area and special operating conditions in those places;

(11)  fixing the conditions to be met by persons applying to become trail security officers and fixing the rules of conduct to be observed by each such officer;

(12)  (subparagraph repealed);

(13)  determining the obligations of the operator of an off-highway vehicle and those of passengers in or on such a vehicle, sleigh or trailer towed by an off-highway vehicle, and prohibiting certain behaviour or certain uses or practices in the area of use it indicates;

(14)  establishing standards for protective helmets and safety glasses to be worn by operators and passengers, and for any other prescribed equipment;

(14.1)  establishing standards regarding noise emissions and the release of hydrocarbons by off-highway vehicles and prohibiting the operation of off-highway vehicles that fail to meet those standards;

(15)  determining the regulatory provisions under this section the violation of which constitutes an offence.

The regulatory standards established under this section may include exceptions and may vary according to the types, places of operation or purposes of use of off-highway vehicles determined by the Government.

1996, c. 60, s. 46; 1999, c. 40, s. 328; 2006, c. 12, s. 16; 2009, c. 18, s. 13; 2010, c. 33, s. 10; 2014, c. 12, s. 21.

2011-06-30

46. The Government may make regulations

(1)  subjecting motor vehicles intended to be operated off public highways to the application of this Act;

(1.1)  prescribing conditions for the use of an off-highway vehicle designed by the manufacturer to be operated by a person under 16 years of age;

(2)  exempting certain types of off-highway vehicles and their operators, or certain off-highway vehicles according to the use made of the vehicles, from the application of all or any of the provisions of this Act and determining the conditions and special rules applicable to them;

(3)  exempting certain types of vehicles and their operators from the application of all or any of the provisions of this Act where they operate in a territory it determines, and establishing the conditions and special rules applicable to them;

(3.0.1)  prescribing special rules of use and traffic rules for an all-terrain vehicle modified in accordance with section 21.1, standards with regard to the load such a vehicle may carry and any other standards with regard to the equipment or safety of the vehicle;

(3.1)  exempting certain classes of off-highway vehicle operators from having to pay the access fee imposed by an off-highway vehicle club to travel on a trail operated by the club;

(3.2)  determining maximum engine power standards for off-highway vehicles available for rental for a period of less than 30 days;

(4)  prescribing mandatory safety equipment for off-highway vehicles, sleighs and trailers;

(5)  establishing standards for the manufacture, installation and use of mandatory equipment for off-highway vehicles, sleighs and trailers;

(6)  establishing, for sleighs and trailers, standards for their manufacture, which may vary according to whether they are to be used for the transport of persons or property;

(7)  establishing standards relating to the intensity, shape and dimensions of headlights, tail-lights, reflectors, rotating lamps and flashing lights;

(8)  in the places it determines on lands in the domain of the State, elsewhere than in the places subject to the conditions, restrictions and prohibitions referred to in subparagraph 1 of the first paragraph of section 8, determining the speed, prohibiting off-highway vehicles or restricting the operation of them to certain types of vehicles or to certain periods of time and, in the latter cases, determining special operating conditions;

(9)  determining the circumstances in which off-highway vehicles may be operated on a public highway, off the roadway and ditch area;

(10)  determining the places where off-highway vehicles may be operated, on the conditions it indicates, within 100 m from a dwelling or reserved area and special operating conditions in those places;

(11)  fixing the conditions to be met by persons applying to become trail security officers and fixing the rules of conduct to be observed by each such officer;

(12)  (subparagraph repealed);

(13)  determining the obligations of the operator of an off-highway vehicle and those of passengers in or on such a vehicle, sleigh or trailer towed by an off-highway vehicle, and prohibiting certain behaviour or certain uses or practices in the area of use it indicates;

(14)  establishing standards for protective helmets and safety glasses to be worn by operators and passengers, and for any other prescribed equipment;

(14.1)  establishing standards regarding noise emissions and the release of hydrocarbons by off-highway vehicles and prohibiting the operation of off-highway vehicles that fail to meet those standards;

(15)  determining the regulatory provisions under this section the violation of which constitutes an offence.

The regulatory standards established under this section may include exceptions and may vary according to the types, places of operation or purposes of use of off-highway vehicles determined by the Government.

1996, c. 60, s. 46; 1999, c. 40, s. 328; 2006, c. 12, s. 16; 2009, c. 18, s. 13; 2010, c. 33, s. 10.

2011-01-01

46. The Government may make regulations

(1)  subjecting motor vehicles intended to be operated off public highways to the application of this Act;

(1.1)  prescribing conditions for the use of an off-highway vehicle designed by the manufacturer to be operated by a person under 16 years of age;

(2)  exempting certain types of off-highway vehicles and their operators, or certain off-highway vehicles according to the use made of the vehicles, from the application of all or any of the provisions of this Act and determining the conditions and special rules applicable to them;

(3)  exempting certain types of vehicles and their operators from the application of all or any of the provisions of this Act where they operate in a territory it determines, and establishing the conditions and special rules applicable to them;

(3.0.1)  prescribing special rules of use and traffic rules for an all-terrain vehicle modified in accordance with section 21.1, standards with regard to the load such a vehicle may carry and any other standards with regard to the equipment or safety of the vehicle;

(3.1)  exempting certain classes of off-highway vehicle operators from having to pay the access fee imposed by an off-highway vehicle club to travel on a trail operated by the club;

(3.2)  determining maximum engine power standards for off-highway vehicles available for rental for a period of less than 30 days;

(4)  prescribing mandatory safety equipment for off-highway vehicles, sleighs and trailers;

(5)  establishing standards for the manufacture, installation and use of mandatory equipment for off-highway vehicles, sleighs and trailers;

(6)  establishing, for sleighs and trailers, standards for their manufacture, which may vary according to whether they are to be used for the transport of persons or property;

(7)  establishing standards relating to the intensity, shape and dimensions of headlights, tail-lights, reflectors, rotating lamps and flashing lights;

(8)  in the places it determines on lands in the domain of the State, elsewhere than in the places subject to the conditions, restrictions and prohibitions referred to in subparagraph 1 of the first paragraph of section 8, determining the speed, prohibiting off-highway vehicles or restricting the operation of them to certain types of vehicles or to certain periods of time and, in the latter cases, determining special operating conditions;

(9)  determining the circumstances in which off-highway vehicles may be operated on a public highway, off the roadway and ditch area;

(10)  determining the places where off-highway vehicles may be operated, on the conditions it indicates, within 100 m from a dwelling or reserved area and special operating conditions in those places;

(11)  fixing the conditions to be met by persons applying to become trail security officers and fixing the rules of conduct to be observed by each such officer;

(12)  establishing standards relating to signs or signals on trails and other areas of use referred to in this Act, including the conditions on which they are to be erected and the properties of the materials to be used to manufacture them;

(13)  determining the obligations of the operator of an off-highway vehicle and those of passengers in or on such a vehicle, sleigh or trailer towed by an off-highway vehicle, and prohibiting certain behaviour or certain uses or practices in the area of use it indicates;

(14)  establishing standards for protective helmets and safety glasses to be worn by operators and passengers, and for any other prescribed equipment;

(14.1)  establishing standards regarding noise emissions and the release of hydrocarbons by off-highway vehicles and prohibiting the operation of off-highway vehicles that fail to meet those standards;

(15)  determining the regulatory provisions under this section the violation of which constitutes an offence.

The regulatory standards established under this section may include exceptions and may vary according to the types, places of operation or purposes of use of off-highway vehicles determined by the Government.

1996, c. 60, s. 46; 1999, c. 40, s. 328; 2006, c. 12, s. 16; 2009, c. 18, s. 13; 2010, c. 33, s. 10.

2009-06-10

46. The Government may make regulations

(1)  subjecting motor vehicles intended to be operated off public highways to the application of this Act;

(1.1)  prescribing conditions for the use of an off-highway vehicle designed by the manufacturer to be operated by a person under 16 years of age;

(2)  exempting certain types of off-highway vehicles and their operators, or certain off-highway vehicles according to the use made of the vehicles, from the application of all or any of the provisions of this Act and determining the conditions and special rules applicable to them;

(3)  exempting certain types of vehicles and their operators from the application of all or any of the provisions of this Act where they operate in a territory it determines, and establishing the conditions and special rules applicable to them;

(3.0.1)  prescribing special rules of use and traffic rules for an all-terrain vehicle modified in accordance with section 21.1, standards with regard to the load such a vehicle may carry and any other standards with regard to the equipment or safety of the vehicle;

(3.1)  exempting certain classes of off-highway vehicle operators from having to pay the access fee imposed by an off-highway vehicle club to travel on a trail operated by the club;

(3.2)  determining maximum engine power standards for off-highway vehicles available for rental for a period of less than 30 days;

(4)  prescribing mandatory safety equipment for off-highway vehicles, sleighs and trailers;

(5)  establishing standards for the manufacture, installation and use of mandatory equipment for off-highway vehicles, sleighs and trailers;

(6)  establishing, for sleighs and trailers, standards for their manufacture, which may vary according to whether they are to be used for the transport of persons or property;

(7)  establishing standards relating to the intensity, shape and dimensions of headlights, tail-lights, reflectors, rotating lamps and flashing lights;

(8)  in the places it determines on lands in the domain of the State, elsewhere than in the places subject to the conditions, restrictions and prohibitions referred to in subparagraph 1 of the first paragraph of section 8, determining the speed, prohibiting off-highway vehicles or restricting the operation of them to certain types of vehicles or to certain periods of time and, in the latter cases, determining special operating conditions;

(9)  determining the circumstances in which off-highway vehicles may be operated on a public highway, off the roadway and ditch area;

(10)  determining the places where off-highway vehicles may be operated, on the conditions it indicates, within 30 metres from a dwelling or reserved area and special operating conditions in those places;

(11)  fixing the conditions to be met by persons applying to become trail security officers and fixing the rules of conduct to be observed by each such officer;

(12)  establishing standards relating to signs or signals on trails and other areas of use referred to in this Act, including the conditions on which they are to be erected and the properties of the materials to be used to manufacture them;

(13)  determining the obligations of the operator of an off-highway vehicle and those of passengers in or on such a vehicle, sleigh or trailer towed by an off-highway vehicle, and prohibiting certain behaviour or certain uses or practices in the area of use it indicates;

(14)  establishing standards for protective helmets and safety glasses to be worn by operators and passengers, and for any other prescribed equipment;

(14.1)  establishing standards regarding noise emissions and the release of hydrocarbons by off-highway vehicles and prohibiting the operation of off-highway vehicles that fail to meet those standards;

(15)  determining the regulatory provisions under this section the violation of which constitutes an offence.

The regulatory standards established under this section may include exceptions and may vary according to the types, places of operation or purposes of use of off-highway vehicles determined by the Government.

1996, c. 60, s. 46; 1999, c. 40, s. 328; 2006, c. 12, s. 16; 2009, c. 18, s. 13.

2006-06-13

46. The Government may make regulations

(1)  subjecting motor vehicles intended to be operated off public highways to the application of this Act;

(1.1)  prescribing conditions for the use of an off-highway vehicle designed by the manufacturer to be operated by a person under 16 years of age;

(2)  exempting certain types of off-highway vehicles and their operators, or certain off-highway vehicles according to the use made of the vehicles, from the application of all or any of the provisions of this Act and determining the conditions and special rules applicable to them;

(3)  exempting certain types of vehicles and their operators from the application of all or any of the provisions of this Act where they operate in a territory it determines that is not linked to the Québec highway network by a public highway within the meaning of the Highway Safety Code (chapter C-24.2), and determining the conditions and special rules applicable to them;

(3.1)  exempting certain classes of off-highway vehicle operators from having to pay the access fee imposed by an off-highway vehicle club to travel on a trail operated by the club;

(3.2)  determining maximum engine power standards for off-highway vehicles available for rental for a period of less than 30 days;

(4)  prescribing mandatory safety equipment for off-highway vehicles, sleighs and trailers;

(5)  establishing standards for the manufacture, installation and use of mandatory equipment for off-highway vehicles, sleighs and trailers;

(6)  establishing, for sleighs and trailers, standards for their manufacture, which may vary according to whether they are to be used for the transport of persons or property;

(7)  establishing standards relating to the intensity, shape and dimensions of headlights, tail-lights, reflectors, rotating lamps and flashing lights;

(8)  in the places it determines on lands in the domain of the State, elsewhere than in the places subject to the conditions, restrictions and prohibitions referred to in subparagraph 1 of the first paragraph of section 8, determining the speed, prohibiting off-highway vehicles or restricting the operation of them to certain types of vehicles or to certain periods of time and, in the latter cases, determining special operating conditions;

(9)  determining the circumstances in which off-highway vehicles may be operated on a public highway, off the roadway and ditch area;

(10)  determining the places where off-highway vehicles may be operated, on the conditions it indicates, within 30 metres from a dwelling or reserved area and special operating conditions in those places;

(11)  fixing the conditions to be met by persons applying to become trail security officers and fixing the rules of conduct to be observed by each such officer;

(12)  establishing standards relating to signs or signals on trails and other areas of use referred to in this Act, including the conditions on which they are to be erected and the properties of the materials to be used to manufacture them;

(13)  determining the obligations of the operator of an off-highway vehicle and those of passengers in or on such a vehicle, sleigh or trailer towed by an off-highway vehicle, and prohibiting certain behaviour or certain uses or practices in the area of use it indicates;

(14)  establishing standards for protective helmets and safety glasses to be worn by operators and passengers, and for any other prescribed equipment;

(14.1)  establishing standards regarding noise emissions and the release of hydrocarbons by off-highway vehicles and prohibiting the operation of off-highway vehicles that fail to meet those standards;

(15)  determining the regulatory provisions under this section the violation of which constitutes an offence.

The regulatory standards established under this section may include exceptions and may vary according to the types, places of operation or purposes of use of off-highway vehicles determined by the Government.

1996, c. 60, s. 46; 1999, c. 40, s. 328; 2006, c. 12, s. 16.

1999-10-22

46. The Government may make regulations

(1)  subjecting motor vehicles intended to be operated off public highways to the application of this Act;

(2)  exempting certain types of off-highway vehicles and their operators, or certain off-highway vehicles according to the use made of the vehicles, from the application of all or any of the provisions of this Act and determining the conditions and special rules applicable to them;

(3)  exempting certain types of vehicles and their operators from the application of all or any of the provisions of this Act where they operate in a territory it determines that is not linked to the Québec highway network by a public highway within the meaning of the Highway Safety Code (chapter C-24.2), and determining the conditions and special rules applicable to them;

(4)  prescribing mandatory safety equipment for off-highway vehicles, sleighs and trailers;

(5)  establishing standards for the manufacture, installation and use of mandatory equipment for off-highway vehicles, sleighs and trailers;

(6)  establishing, for sleighs and trailers, standards for their manufacture, which may vary according to whether they are to be used for the transport of persons or property;

(7)  establishing standards relating to the intensity, shape and dimensions of headlights, tail-lights, reflectors, rotating lamps and flashing lights;

(8)  in the places it determines on lands in the domain of the State, elsewhere than in the places subject to the conditions, restrictions and prohibitions referred to in subparagraph 1 of the first paragraph of section 8, determining the speed, prohibiting off-highway vehicles or restricting the operation of them to certain types of vehicles or to certain periods of time and, in the latter cases, determining special operating conditions;

(9)  determining the circumstances in which off-highway vehicles may be operated on a public highway, off the roadway and ditch area;

(10)  determining the places where off-highway vehicles may be operated, on the conditions it indicates, within 30 metres from a dwelling or reserved area and special operating conditions in those places;

(11)  fixing the conditions to be met by persons applying to become trail security officers and fixing the rules of conduct to be observed by each such officer;

(12)  establishing standards relating to signs or signals on trails and other areas of use referred to in this Act, including the conditions on which they are to be erected and the properties of the materials to be used to manufacture them;

(13)  determining the obligations of the operator of an off-highway vehicle and those of passengers in or on such a vehicle, sleigh or trailer towed by an off-highway vehicle, and prohibiting certain behaviour or certain uses or practices in the area of use it indicates;

(14)  establishing standards for protective helmets and safety glasses to be worn by operators and passengers, and for any other prescribed equipment;

(15)  determining the regulatory provisions under this section the violation of which constitutes an offence.

The regulatory standards established under this section may include exceptions and may vary according to the types, places of operation or purposes of use of off-highway vehicles determined by the Government.

1996, c. 60, s. 46; 1999, c. 40, s. 328.

1997-10-02

46. The Government may make regulations

(1)  subjecting motor vehicles intended to be operated off public highways to the application of this Act;

(2)  exempting certain types of off-highway vehicles and their operators, or certain off-highway vehicles according to the use made of the vehicles, from the application of all or any of the provisions of this Act and determining the conditions and special rules applicable to them;

(3)  exempting certain types of vehicles and their operators from the application of all or any of the provisions of this Act where they operate in a territory it determines that is not linked to the Québec highway network by a public highway within the meaning of the Highway Safety Code (chapter C-24.2), and determining the conditions and special rules applicable to them;

(4)  prescribing mandatory safety equipment for off-highway vehicles, sleighs and trailers;

(5)  establishing standards for the manufacture, installation and use of mandatory equipment for off-highway vehicles, sleighs and trailers;

(6)  establishing, for sleighs and trailers, standards for their manufacture, which may vary according to whether they are to be used for the transport of persons or property;

(7)  establishing standards relating to the intensity, shape and dimensions of headlights, tail-lights, reflectors, rotating lamps and flashing lights;

(8)  in the places it determines on lands in the public domain, elsewhere than in the places subject to the conditions, restrictions and prohibitions referred to in subparagraph 1 of the first paragraph of section 8, determining the speed, prohibiting off-highway vehicles or restricting the operation of them to certain types of vehicles or to certain periods of time and, in the latter cases, determining special operating conditions;

(9)  determining the circumstances in which off-highway vehicles may be operated on a public highway, off the roadway and ditch area;

(10)  determining the places where off-highway vehicles may be operated, on the conditions it indicates, within 30 metres from a dwelling or reserved area and special operating conditions in those places;

(11)  fixing the conditions to be met by persons applying to become trail security officers and fixing the rules of conduct to be observed by each such officer;

(12)  establishing standards relating to signs or signals on trails and other areas of use referred to in this Act, including the conditions on which they are to be erected and the properties of the materials to be used to manufacture them;

(13)  determining the obligations of the operator of an off-highway vehicle and those of passengers in or on such a vehicle, sleigh or trailer towed by an off-highway vehicle, and prohibiting certain behaviour or certain uses or practices in the area of use it indicates;

(14)  establishing standards for protective helmets and safety glasses to be worn by operators and passengers, and for any other prescribed equipment;

(15)  determining the regulatory provisions under this section the violation of which constitutes an offence.

The regulatory standards established under this section may include exceptions and may vary according to the types, places of operation or purposes of use of off-highway vehicles determined by the Government.

1996, c. 60, s. 46.