v-1.2 - Act respecting off-highway vehicles

À jour au 17 décembre 2017

Ce document a valeur officielle.

chapter V-1.2

Act respecting off-highway vehicles

CHAPTER I SCOPE

1. This Act applies to the following off-highway vehicles:

(1)  a snowmobile whose net mass does not exceed 450 kg and whose width does not exceed 1.28 m, equipment included;

(2)  the following motorized all-terrain vehicles:

(a)  quad bikes, that is, four-wheel vehicles that are equipped with a straddle seat and handlebars;

(b)  recreational off-highway vehicles, that is, four-wheel vehicles, including utility task vehicles, that are equipped with one or more non-straddle seats, a steering wheel, pedals and a protective structure, all of whose wheels are driving wheels and whose net mass does not exceed 450 kg in the case of single-seat vehicles and 750 kg in the case of multi-seat vehicles;

(c)  trail bikes;

(d)  other vehicles that have three or more wheels and handlebars, that are designed to be straddled and whose net mass does not exceed 600 kg;

(3)  such other motorized vehicles designed to travel off a public highway as are determined by regulation.

This Act does not apply, however, to an off-highway vehicle designed by the manufacturer to be operated by a person under 16 years of age provided it is used under the conditions prescribed by regulation.

Nor does this Act apply to activities held in compliance with the rules set out in a regulation made or approved by the Minister of Education, Recreation and Sports under the Act respecting safety in sports (chapter S-3.1) and prescribing that the authorization of the person having parental authority is required for a minor to practise any such activity.

The weight of the battery of a vehicle propelled solely by an electric motor is not taken into account in calculating its net mass. The Minister shall specify the net mass of any such vehicle in a list published on the Internet site of the Ministère des Transports.

1996, c. 60, s. 1; 1997, c. 79, s. 59; 1999, c. 43, s. 15; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 12, s. 1; 2014, c. 12, s. 1.

1.1. Chapter II of this Act on mandatory equipment, Division I of Chapter IV on operators, and sections 28 to 30 prescribing traffic rules apply to off-highway vehicles or their operators, as applicable, when such vehicles are operated on public highways and in other places where the Highway Safety Code (chapter C-24.2) applies.

In addition to what is provided in the Highway Safety Code, the following provisions of that Code and the regulations made under them apply, with the necessary modifications, to the operation of off-highway vehicles on public highways and in other places where that Code applies:

(1)  sections 166.1 to 179 in Title IV on obligations in case of an accident;

(2)  sections 209.1 to 209.26 in Chapter III of Title V on penalties for driving without a licence or while disqualified;

(3)  sections 288 to 318 in Title VII on road and traffic signs and signals;

(4)  Title VIII on rules of the road in, in particular,

(a)  sections 320 to 397 and 402 to 443 in Divisions I, II and IV of Chapter II, except sections 421.1, 426 to 428, 432 and 440.1;

(b)  sections 460, 471 and 472, the first paragraph of section 473 and sections 474 to 474.2 and 498; and

(c)  sections 504 to 519 in Chapter VII; and

(5)  sections 636 to 637, 642 and 643.

Where an offence under any of the provisions referred to in the second paragraph gives rise to demerit points, the rules under the Highway Safety Code in that respect as well as any attendant regulation apply.

2014, c. 12, s. 2.

CHAPTER II MANDATORY EQUIPMENT

2. No off-highway vehicle shall be operated without the following regulatory equipment:

(1)  one white headlight;

(2)  one red tail-light;

(3)  one red stop light at the rear;

(4)  one rear-view mirror firmly attached to the left side of the vehicle;

(5)  an exhaust system;

(6)  a braking system;

(7)  a speedometer;

(8)  any other equipment determined by regulation.

Subparagraphs 3, 4 and 7 of the first paragraph apply only to vehicles built after 1 January 1998.

Subparagraph 5 of the first paragraph does not apply to a vehicle propelled solely by an electric motor.

1996, c. 60, s. 2; 2014, c. 12, s. 3.

2.0.1. Despite subparagraph 1 of the first paragraph of section 2, a recreational off-highway vehicle must be equipped with two white headlights at the same height, one on each side of the vertical centreline and as far apart as practicable.

A recreational off-highway vehicle must also have the following equipment:

(1)  a protective structure to prevent injuries in case of a roll-over, made up of at least two roll bars linked together by at least two struts;

(2)  doors or cargo nets for each access to the cab;

(3)  an assist handle for each passenger;

(4)  a seat belt with three or more anchor points for each occupant of the vehicle;

(5)  a headrest for each occupant of the vehicle;

(6)  an engine with a piston displacement not exceeding 1,000 cm3;

(7)  all-terrain tires that conform to the standards set by government regulation; and

(8)  a rear-view mirror inside the vehicle attached at the centre of the front upper part of the protective structure.

Subparagraph 8 of the second paragraph does not apply to a single-seat recreational off-highway vehicle.

2014, c. 12, s. 4.

2.1. The engine power of an off-highway vehicle available for rental for a period of less than 30 days shall not exceed that determined by the regulatory standards.

2006, c. 12, s. 2.

3. No sleigh or trailer shall be towed by an off-highway vehicle unless it is equipped with the following regulatory equipment:

(0.1)  one red tail-light;

(1)  one red stop light at the rear;

(2)  two red reflectors at the rear as far apart as practicable;

(3)  two red left and right side reflectors situated at an equal distance from the front and the rear;

(4)  a rigid tow bar designed to prevent overturning or swerving, which pivots 90 degrees on either side and allows pitching without compromising the overall stability;

(5)  any other equipment determined by regulation.

Subparagraph 0.1 of the first paragraph applies only to sleighs or trailers built after 1 January 2015.

Subparagraph 1 of the first paragraph applies only to a sleigh or trailer towed by an off-highway vehicle built after 1 January 1998.

1996, c. 60, s. 3; 2014, c. 12, s. 5.

4. The width of a sleigh or trailer towed by an off-highway vehicle, equipment included, shall not exceed 1.5 metres.

1996, c. 60, s. 4.

5. No person may be transported in a sleigh or trailer towed by an off-highway vehicle except in a sleigh or trailer manufactured according to regulatory standards.

The first paragraph does not apply to a sleigh or trailer towed by an all-terrain vehicle having at least four wheels, or by a snowmobile, except to the extent that there are regulatory standards in place regarding the manufacture of such a sleigh or trailer.

1996, c. 60, s. 5; 2009, c. 18, s. 1.

5.1. Sections 3 to 5 do not apply to a traditional Native sleigh towed by an off-highway vehicle

2009, c. 18, s. 2.

6. No equipment required by sections 2, 2.0.1 and 3 and no equipment installed by the manufacturer and necessary for the operation of an off-highway vehicle, sleigh or trailer shall be removed.

No other modification shall be made to the vehicle if the modification is capable of increasing its noise emissions or the release of hydrocarbons into the environment, of reducing its stability or braking capacity or of increasing its accelerating power.

1996, c. 60, s. 6; 2006, c. 12, s. 3; 2014, c. 12, s. 6.

6.1. No person may sell, lease or place at the disposal of a person, or offer to sell, lease or place at the disposal of a person, an off-highway vehicle exhaust system that increases noise emissions or the release of hydrocarbons into the environment when compared to a manufacturer installed exhaust system.

2006, c. 12, s. 4.

7. All equipment prescribed by this Act or the regulations shall be kept in good working order.

1996, c. 60, s. 7.

7.1. No person may remove or modify a seat belt with which a recreational off-highway vehicle is equipped, render it inoperative or have it removed, modified or rendered inoperative.

2014, c. 12, s. 7.

7.2. No person may install a seat belt in a recreational off-highway vehicle, or sell or lease a seat belt or place one at a person’s disposal for installation purposes, unless the equipment is new equipment originating from the manufacturer of the vehicle and intended for such a vehicle. However, a seat belt may be reinstalled in the same vehicle after being removed for the sole purpose of vehicle repairs or maintenance, provided it is in good working order.

2014, c. 12, s. 7.

CHAPTER III AREAS AND TIMES OF USE

2010, c. 33, s. 1.

DIVISION I GENERAL PROVISIONS

8. An off-highway vehicle may be operated on lands in the domain of the State, subject to the conditions, restrictions and prohibitions imposed:

(1)  by the following Acts: the Act respecting the conservation and development of wildlife (chapter C-61.1), the Act respecting threatened or vulnerable species (chapter E-12.01), the Sustainable Forest Development Act (chapter A-18.1), the Mining Act (chapter M-13.1), the Parks Act (chapter P-9), the Environment Quality Act (chapter Q-2), the Watercourses Act (chapter R-13), the Natural Heritage Conservation Act (chapter C-61.01), the Act respecting agricultural lands in the domain of the State (chapter T-7.1) and the Act respecting the lands in the domain of the State (chapter T-8.1);

(2)  by government or ministerial regulation, or by a by-law of a regional county municipality, elsewhere than on a trail referred to in section 15 or in areas subject to the conditions, restrictions or prohibitions referred to in subparagraph 1.

In addition, in the areas in which a lease, a right of occupation or a similar right has been granted under an abovementioned Act, the operation is subject to the authorization of the holder of the right unless otherwise provided in the abovementioned Acts.

Where a government or ministerial regulation is inconsistent with a by-law of a municipality, the former shall prevail.

1996, c. 60, s. 8; 1999, c. 40, s. 328; 2002, c. 74, s. 85; 2005, c. 6, s. 238; 2010, c. 33, s. 2; 2010, c. 3, s. 335.

8.1. The Minister responsible for a road situated on land in the domain of the State may authorize an off-highway vehicle club to lay out and operate a trail, for the period and on the conditions determined by the Minister, on all or part of that road.

Such authorization gives the club the right to collect access fees for the trail in accordance with this Act.

2006, c. 12, s. 5.

9. An off-highway vehicle may be operated on private roads open to public vehicular traffic. However, the owner of the road or the maintenance authority may, by means of signs or signals that conform to regulatory standards, prohibit off-highway vehicles or restrict their operation to certain types of vehicles or to certain periods of time.

An off-highway vehicle may be operated elsewhere on private land, subject to the express authorization of the owner and lessee.

1996, c. 60, s. 9; 2009, c. 18, s. 3.

10. An off-highway vehicle may be operated on the trails of an off-highway vehicle club referred to in section 15. However, the club may, by means of signs or signals that conform to regulatory standards and that are erected at its expense, prohibit off-highway vehicles or restrict their operation to certain types of vehicles, certain classes of persons or certain periods of time, except on trail sections situated on the roads referred to in the first paragraph of section 9 or on the other roads or highways that are not governed by the Highway Safety Code (chapter C-24.2).

1996, c. 60, s. 10.

11. No off-highway vehicle shall be operated on a public highway within the meaning of the Highway Safety Code (chapter C-24.2).

Notwithstanding the foregoing, an off-highway vehicle may

(1)  be operated on the roadway for a maximum distance of one kilometre provided it is operated by a worker for whom the vehicle is necessary for the purposes of the work he is performing;

(2)  cross a road at the place where a crossing for off-highway vehicles is indicated by a road sign or signal;

(3)  be operated off the roadway and ditch area, with or against the flow of vehicular traffic, on the conditions fixed by regulation;

(4)  be operated on the roadway, where authorized by a road sign or signal, for a maximum distance of one kilometre to reach a trail referred to in section 15, a service station or another area open to the public as a rest area, if the layout of the right-of-way does not allow operation off the roadway and ditch area, if all other access to those locations is obstructed;

(5)  be operated on a road with the authorization of the maintenance authority and on the conditions it determines if the road is closed to vehicular traffic owing to exceptional events or atmospheric conditions; and

(6)  be operated on all or part of a road maintained by the Minister or a municipality and determined by a regulation of the Minister or a by-law of the municipality, on the conditions, during the periods of time and for the types of vehicle determined in the regulation or by-law.

For the purposes of this section, the roadway includes the shoulder.

The operation of an off-highway vehicle as provided in subparagraphs 1, 4 and 6 of the second paragraph is not authorized on an autoroute or limited access highway within the meaning of the Highway Safety Code.

The operation of an off-highway vehicle as provided in subparagraph 2 of the second paragraph is not authorized on an autoroute or limited access highway within the meaning of the Highway Safety Code, except at an intersection designed as a crossing for off-highway vehicles where appropriate signs and signals are installed.

1996, c. 60, s. 11; 1998, c. 7, s. 1; 2006, c. 12, s. 6; 2014, c. 12, s. 8.

12. No off-highway vehicle may be operated within such distance as is fixed by municipal by-law or, if no distance is fixed, within 30 m from a dwelling, a facility operated by a healthcare institution or an area reserved for cultural, educational, recreational or sports activities, except

(1)  with the express authorization of the owner or lessee of the dwelling or reserved area;

(2)  on a public highway or a highway in the domain of the State, on the conditions set out in this Act;

(3)  on a private road open to public vehicular traffic;

(4)  on a trail laid out on an abandoned railroad right-of-way and indicated on a land use and development plan or a metropolitan land use and development plan; or

(5)  in any other place determined by government regulation.

The distance of 30 m provided for in the first paragraph increases to 100 m for any new trail laid out after 31 December 2011. A trail whose course is changed slightly, following the loss of a right of way, for example, does not constitute a new trail.

A change in the course of a trail, as described in the second paragraph, must not bring off-highway vehicles closer than the distance before the change with regard to the places described in the first paragraph, unless the distance is at least 100 m.

1996, c. 60, s. 12; 2000, c. 56, s. 209; 2002, c. 68, s. 52; 2009, c. 18, s. 4; 2010, c. 10, s. 150; 2010, c. 33, s. 3.

12.1. When transporting a passenger, the operator of an off-highway vehicle modified in accordance with section 21.1 or 21.2 may drive only

(1)  on a trail referred to in section 15;

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

(3)  on a 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 or, if there is no such trail on such a road, on the road itself, but only for the distance required to reach a trail referred to in section 8.1 or section 15; or;

(4)  on a private road open to public traffic, but only for the distance necessary to reach a trail referred to in section 8.1 or section 15.

2009, c. 18, s. 5; 2014, c. 12, s. 9.

12.1.1. Except on trails where signs or signals direct otherwise, the operator of a recreational off-highway vehicle whose overall width, excluding the side rear-view mirror, exceeds 1.524 m may not operate the vehicle on a trail laid out and used by an off-highway vehicle club.

2014, c. 12, s. 10.

12.1.2. The operator of a quad bike modified in accordance with section 21.10 may only operate the vehicle from 15 November to 1 April in a place listed in section 12.1 and, as permitted under section 8, on lands in the domain of the State.

The operator of such a quad bike may not operate the vehicle on a trail laid out and used by an off-highway vehicle club if its overall width exceeds 1.524 m.

2014, c. 12, s. 10.

12.1.3. The operator of a quad bike modified in accordance with section 21.10 may not operate the vehicle on private land, elsewhere than in a place listed in section 12.1, without the express authorization of the owner or lessee of the land.

2014, c. 12, s. 10.

12.2. Off-highway vehicles may be operated in the places listed in paragraphs 1 to 4 of section 12.1 only from 6:00 a.m. to 12:00 midnight.

The operation of an off-highway vehicle is not restricted to the hours set out in the first paragraph in unorganized territories, the Nord-du-Québec administrative region, the territory of the Municipalité régionale de comté du Golfe-du-Saint-Laurent or any other territory not included in the territory of a regional county municipality and determined by ministerial regulation.

Despite the preceding paragraphs, a regional county municipality may, subject to the by-laws a local municipality may pass under paragraph 2 of section 48, pass a by-law to set the hours during which off-highway vehicles may be operated.

2010, c. 33, s. 4.

13. No authorization under this Act to operate an off-highway vehicle shall have the effect of exempting the operator of the vehicule from the obligation to comply with any condition, restriction or prohibition imposed by the competent authorities and off-highway vehicle clubs, including the payment of duties.

The provisions of this Act or of a municipal by-law that prohibit or restrict such operation do not apply

(1)  to vehicles used by peace officers in the performance of their duties; and

(2)  to vehicles used by trail security officers, by a worker in the performance of work being carried out, or by any other person for emergency or rescue operations, except on a public highway within the meaning of the Highway Safety Code (chapter C-24.2).

1996, c. 60, s. 13; 2006, c. 12, s. 7.

13.1. Any by-law of an off-highway vehicle club imposing the payment of fees or other conditions, restrictions or prohibitions must be posted in full view near the place where off-highway vehicle operators may pay trail access fees, and a copy of the by-law must be given to any operator who requests it.

2006, c. 12, s. 8.

14. No cause of civil action lies for any damage arising from the operation of a vehicle to which this Act applies on land in the domain of the State off a trail referred to in section 15 and resulting from a defective layout, sign or signal or from the faulty maintenance of an area of use referred to in this Act.

1996, c. 60, s. 14; 1999, c. 40, s. 328.

DIVISION I.1 SIGNS AND SIGNALS ON TRAILS AND OTHER AREAS OF USE

2010, c. 33, s. 5.

14.1. Whatever the medium, a sign or signal on a trail or other area of use to which this Act applies has the meaning ascribed to it in a ministerial regulation.

Such a regulation sets out the obligations of off-highway vehicle clubs with regard to signs and signals on their trails, including signs indicating hours of operation that differ from those referred to in section 12.2, and specifies the obligations whose violation constitutes an offence.

2010, c. 33, s. 5.

14.2. Standards for the manufacture and installation of signs and signals to be erected on a trail are established by the Minister and published in a document prepared by the Ministère des Transports.

An off-highway vehicle club responsible for laying out and operating a trail must comply with the standards. It must also maintain the signs and signals erected on any trail it operates, throughout the period of use of the trail.

The Minister may order the removal, at the club’s expense, of any signs or signals that do not comply with the standards.

2010, c. 33, s. 5.

14.3. The off-highway vehicle club may, by means of the appropriate signs and signals,

(1)  identify where vehicles must stop or yield;

(2)  identify crossings for pedestrians and users of non-motorized transportation;

(3)  prohibit, restrict or otherwise regulate pedestrian and other non-motorized traffic, as well as the operation of certain classes of motor vehicles;

(4)  prohibit, restrict or otherwise regulate the stopping or parking of off-highway vehicles;

(5)  during exceptional events, sports events or competitions, restrict or prohibit access to a trail by all or some off-highway vehicles for the time specified by the club; and

(6)  for safety reasons, restrict or prohibit access to a trail by all or some off-highway vehicles.

2010, c. 33, s. 5.

14.4. Only an off-highway vehicle club responsible for a trail may erect signs and signals on it.

It may also remove any sign or signal erected in contravention of the first paragraph.

2010, c. 33, s. 5.

14.5. No person may erect a signal, sign, indication or other device on a trail without the authorization of the off-highway vehicle club responsible for maintaining the trail.

The club may remove any object erected in contravention of the first paragraph, at the contravener’s expense.

2010, c. 33, s. 5.

14.6. The signs and signals erected on a private trail open to public traffic or on any other land where public traffic is authorized must comply with the standards of manufacture and installation established by the Minister.

2010, c. 33, s. 5.

14.7. Every person must comply with the signs and signals erected under this Act.

2010, c. 33, s. 5.

DIVISION II OFF-HIGHWAY VEHICLE CLUB TRAILS

15. The layout and the operation of a trail by an off-highway vehicle club are subject

(1)  on private land, to the express authorization of the owner; and

(2)  on land in the domain of the State, according to law, to the express authorization of the Minister or the body having authority over the land or responsible for the management or administration of the land.

The layout of the intersection of a trail with a public highway is subject to the express authorization of the maintenance authority.

Every authorization is valid for the period determined by the authority granting it.

1996, c. 60, s. 15; 1999, c. 40, s. 328.

16. Every off-highway vehicle club shall lay out, erect signs and signals for and maintain the trails it operates.

In addition, the club is responsible for safety and shall see that the provisions of this Act and the regulations are complied with, in particular by means of trail security officers.

1996, c. 60, s. 16.

17. Every off-highway vehicle club laying out or operating a trail shall each year take out civil liability insurance in an amount of not less than $2,000,000.

1996, c. 60, s. 17.

17.1. No legal action may be brought against the owner or lessee of private land that authorizes an off-highway vehicle club to lay out and operate a trail on the land, for reparation of any damage related to the operation of an off-highway vehicle on the trail unless the damage results from an intentional or gross fault on the part of the owner or lessee.

2006, c. 12, s. 9.

CHAPTER IV OFF-HIGHWAY VEHICLE OPERATING RULES

DIVISION I OPERATORS’ RULES

18. Every operator of an off-highway vehicle must be 16 years of age or over.

If the operator is a minor, he must hold a certificate obtained from an officer authorized by the Government and that attests that the operator has the competence and knowledge required to operate an off-highway vehicle. This paragraph does not apply to the holder of a driver’s licence issued by an administrative authority other than the Société de l’assurance automobile du Québec authorizing the holder to operate a road vehicle on a public highway within the meaning of the Highway Safety Code (chapter C-24.2).

To operate an off-highway vehicle on a public highway as provided in this Act, a person must hold a licence authorizing him under the Highway Safety Code to drive a road vehicle on such a highway and must comply with the conditions and restrictions attached to the licence.

1996, c. 60, s. 18; 2006, c. 12, s. 10; 2014, c. 12, s. 11.

18.1. Despite section 18, only a person of full age may operate a recreational off-highway vehicle or, when carrying a passenger, a quad bike modified in accordance with section 21.1.

2009, c. 18, s. 6; 2014, c. 12, s. 12.

19. The owner of any off-highway vehicle shall hold a civil liability insurance contract in an amount of not less than $500,000 that covers bodily injury and property damage caused by the vehicle.

For the purposes of this Act, the owner of an off-highway vehicle is the person in whose name the vehicle is registered with the Société de l’assurance automobile du Québec in accordance with section 10 of the Highway Safety Code (chapter C-24.2).

1996, c. 60, s. 19; 2010, c. 33, s. 6.

Not in force

19.1. (Not in force).

2001, c. 57, s. 2.

Not in force

19.2. (Not in force).

2001, c. 57, s. 2.

Not in force

19.3. (Not in force).

2001, c. 57, s. 2.

Not in force

19.4. (Not in force).

2001, c. 57, s. 2.

20. The operator of an off-highway vehicle shall carry with him the vehicle registration certificate issued under the Highway Safety Code (chapter C-24.2), the civil liability insurance certificate, proof of age and, where applicable, the certificate of competence or the authorization to drive the vehicle provided for in the second paragraph of section 18 or the second paragraph of section 21.1.

In the case of a loan or of a lease for a period of less than one year made by a person as part of his business, the operator shall also carry with him a document evidencing the term of the loan or a copy of the contract of lease.

1996, c. 60, s. 20; 2009, c. 18, s. 7.

21. No operator of an off-highway vehicle shall carry a number of passengers in or on the vehicle greater than the capacity specified by the manufacturer.

In the absence of such specification, an operator shall not carry more than one passenger on a snowmobile and shall not carry any passenger on other off-highway vehicles.

A passenger or additional passenger may be transported if the vehicle has additional equipment that is designed for that purpose and that is installed according to the manufacturer’s specifications.

1996, c. 60, s. 21.

21.1. Despite section 21, a quad bike on which the manufacturer has not installed a passenger seat may be modified to add one provided it is installed according to the instructions and recommendations of the seat manufacturer.

An operator of a vehicle modified in accordance with the first paragraph must hold a certificate obtained from an officer authorized by the Government attesting that the operator has the competence and knowledge required to operate such a vehicle when transporting a passenger. This paragraph does not apply to the holder of a driver’s licence issued by an administrative authority other than the Société de l’assurance automobile du Québec authorizing the holder to operate a road vehicle on a public highway within the meaning of the Highway Safety Code (chapter C-24.2).

2009, c. 18, s. 8; 2014, c. 12, s. 13.

21.2. Despite section 21, a single-seat snowmobile may be modified to add an add-on seat designed for a passenger and having a back rest and molded handles intended for the passenger.

The add-on seat must allow the passenger to use the running boards of the snowmobile or footrests firmly attached to each side of the snowmobile frame.

Despite the first paragraph, two handles reachable by the passenger may replace molded handles provided that a handle is firmly attached to each side of the snowmobile frame.

2014, c. 12, s. 14.

21.3. An add-on seat must be firmly attached, according to the manufacturer’s instructions and recommendations, to a single-seat snowmobile for which it was designed.

The add-on seat must bear at all times a mark affixed by the manufacturer showing the manufacturer’s name or trademark. The mark must be legible even when the seat is installed on the snowmobile.

2014, c. 12, s. 14.

21.4. When carrying a passenger, the operator of an off-highway vehicle modified in accordance with section 21.1 or 21.2 must comply with the load limit specified by the vehicle manufacturer.

2014, c. 12, s. 14.

21.5. No person may operate a recreational off-highway vehicle in which the seat belt provided for the driver or for the seat occupied by a passenger has been removed, modified or rendered inoperative.

2014, c. 12, s. 14.

21.6. Every person must, while in a moving recreational off-highway vehicle, wear, properly fastened, the seat belt with which the person’s seat is equipped.

2014, c. 12, s. 14.

21.7. Every passenger of a recreational off-highway vehicle, when seated and wearing a properly fastened seat belt, must be tall enough to be able to reach and firmly hold the assist handle designed for the passenger’s seat.

No restraint system or booster cushion may be used to compensate for a passenger’s inability to comply with the first paragraph.

2014, c. 12, s. 14.

21.8. No person may drive a recreational off-highway vehicle carrying a passenger under 16 years of age who does not satisfy the requirements of sections 21.6 and 21.7.

2014, c. 12, s. 14.

21.9. Despite section 21, the operator of a recreational off-highway vehicle may not carry more passengers than the number of seats equipped with manufacturer-installed seat belts.

2014, c. 12, s. 14.

21.10. A quad bike may be modified to install a track system designed for winter driving replacing all of the tires or wheels of the vehicle.

The track system must be firmly attached, according to the manufacturer’s instructions and recommendations, to a quad bike for which it was designed.

2014, c. 12, s. 14.

22. No person shall tow more than one sleigh or trailer with an off-highway vehicle.

1996, c. 60, s. 22.

23. No person shall ride in or on an off-highway vehicle or in or on a sleigh or trailer towed by an off-highway vehicle unless he is wearing footwear and the following equipment:

(1)  a regulation protective helmet;

(2)  safety glasses if the protective helmet has no visor;

(3)  any other equipment prescribed by regulation.

Persons riding in or on such a vehicle, sleigh or trailer must, on the request of a peace officer, allow the peace officer to examine their protective helmet and any other equipment prescribed by regulation.

Subparagraph 2 of the first paragraph does not apply to a passenger in a sleigh or in a trailer with a closed compartment.

1996, c. 60, s. 23; 2009, c. 18, s. 9; 2014, c. 12, s. 15.

23.1. No person may hang on to or be pulled or pushed by a moving off-highway vehicle, or ride on or in any part of the vehicle that is not a passenger seat, nor may the driver tolerate such a practice.

2014, c. 12, s. 16.

24. No person shall consume alcoholic beverages in or on an off-highway vehicle or in or on a sleigh or trailer towed by an off-highway vehicle.

1996, c. 60, s. 24.

DIVISION II TRAFFIC RULES

25. The operator of an off-highway vehicle shall comply with the signs or signals posted in accordance with this Act and the regulations and shall obey the orders or signals of a peace officer or trail security officer responsible for directing traffic. In case of contradiction between the posted signs or signals and an officer’s orders or signals, the latter shall prevail.

1996, c. 60, s. 25.

26. No person may conceal, remove, move or damage a sign or signal erected in accordance with this Act or the regulations.

1996, c. 60, s. 26.

27. The maximum rate of speed for a snowmobile is 70 km/h and the maximum rate of speed for any other off-highway vehicle is 50 km/h.

However, on a trail referred to in section 15, where indicated by a regulatory sign or signal, the maximum rate of speed may be 90 km/h and 70 km/h, respectively, or may be lower than the maximum rate of speed prescribed by the first paragraph.

The maximum rate of speed may also be lower than the rate prescribed by the first paragraph where so indicated by a regulatory sign or signal

(1)  (subparagraph repealed);

(2)  on lands in the domain of the State elsewhere than in areas subject to the conditions, restrictions or prohibitions referred to in subparagraph 1 of the first paragraph of section 8;

(3)  on municipal land referred to in subparagraph 2 of the first paragraph of section 48.

1996, c. 60, s. 27; 1999, c. 40, s. 328; 2009, c. 18, s. 10; 2014, c. 12, s. 17.

27.1. Where off-highway vehicular traffic is permitted less than 100 m away from a dwelling, a facility operated by a healthcare institution or an area reserved for cultural, educational, recreational or sports activities, the speed limit for an off-highway vehicle is 50 km/h. Where such traffic is permitted less than 30 m from those places, the speed limit is 30 km/h.

2010, c. 33, s. 7.

28. The operator of an off-highway vehicle shall keep the white headlight or headlights and the red tail-light turned on while operating the vehicle.

The operator shall also keep the red tail-light turned on at the rear of a sleigh or trailer hitched to the vehicle.

1996, c. 60, s. 28; 2014, c. 12, s. 18.

28.1. No person may operate a recreational off-highway vehicle with a headlight turned on and attached to the protective structure or roof of the vehicle on

(1)  a trail laid out and used by an off-highway vehicle club;

(2)  a public highway within the meaning of the Highway Safety Code (chapter C-24.2); or

(3)  a private road open to public vehicular traffic.

2014, c. 12, s. 19.

29. The headlight or headlights, tail-light, stop light and rear-view mirror or mirrors of an off-highway vehicle and the lights and reflectors of a sleigh or trailer towed by an off-highway vehicle must be free of any object or matter that could make them ineffective.

For the purposes of the first paragraph, a peace officer can require an off-highway vehicle operator to remove any object or clean a soiled or snow-covered part.

1996, c. 60, s. 29; 2014, c. 12, s. 20.

30. The operator of an off-highway vehicle shall drive the vehicle as close to the right-hand side of the road or trail as is practicable.

The operator may deviate from such position only to avoid an obstruction or to pass another off-highway vehicle. He shall, in such a case, yield to an oncoming off-highway vehicle and give priority to any road vehicle other than an off-highway vehicle.

1996, c. 60, s. 30.

31. The operator of an off-highway vehicle shall keep the vehicle at a safe distance behind all preceding vehicles, having regard to speed, traffic density, atmospheric conditions and road or trail conditions.

1996, c. 60, s. 31.

32. An operator of an off-highway vehicle intending to turn left onto a road or trail on which traffic can travel in both directions shall yield to oncoming traffic that is so close that it constitutes a hazard.

1996, c. 60, s. 32.

33. No person shall use a trail referred to in section 15 otherwise than in or on an authorized off-highway vehicle or a maintenance vehicle, or in or on a sleigh or trailer towed by such a vehicle, except

(1)  to cross the trail as safely and as directly as possible without interfering with traffic; or

(2)  in the case of the passenger of a vehicle modified in accordance with section 21.1, to walk on the extreme right-hand side of a steep ascending part of a trail having a slope inclination percentage equal to or greater than that provided for by regulation.

That prohibition does not apply on a trail section situated on the negotiable portion of a road open to public vehicular traffic.

For the purposes of the first paragraph, the operation of an off-highway vehicle on a trail referred to in section 15 is not authorized if the operator fails to comply with the conditions, restrictions or prohibitions referred to in section 13, including payment of the access fee for the trail unless the operator is exempted by government regulation.

1996, c. 60, s. 33; 2006, c. 12, s. 11; 2009, c. 18, s. 11.

In force: 2020-01-01

33.1. (In force on 1 January 2020).

2010, c. 33, s. 8.

34. No person shall damage or obstruct a trail or interfere with traffic on a trail.

1996, c. 60, s. 34.

35. No person, except a peace officer, trail security officer or the maintenance personnel of a trail referred to in section 15, shall use an off-highway vehicle equipped with a rotating lamp or flashing lights.

Only a vehicle used by a peace officer may be equipped with a blue rotating lamp or flashing lights.

A vehicle used by a trail security officer may be equipped with a red rotating lamp or flashing lights.

Every maintenance vehicle in use on a trail referred to in section 15 must be equipped with an amber rotating lamp or flashing lights in operation.

1996, c. 60, s. 35.

35.1. A peace officer or trail security officer shall not operate the rotating lamp or flashing lights of an off-highway vehicle except in the performance of the officer’s duties and if required by the circumstances. Subject to section 36, the officer is not required, in such a case, to comply with the speed limit or signage.

2006, c. 12, s. 12.

36. Any rate of speed and any action susceptible of endangering the life or safety of persons or of causing damage to property is prohibited while an off-highway vehicle is being used or a sleigh or trailer is being towed by an off-highway vehicle.

1996, c. 60, s. 36.

CHAPTER V ENFORCEMENT

37. For the purposes of this Act, the following persons are trail security officers:

(1)  the inspectors and investigators appointed under the Act to ensure safety in guided land transport (chapter S-3.3);

(2)  the persons recruited by an off-highway vehicle club who satisfy the conditions determined by regulation;

(3)  the persons recruited by an association of off-highway vehicle clubs who satisfy the conditions determined by regulation.

1996, c. 60, s. 37; 2006, c. 12, s. 13.

38. For the purpose of ensuring compliance with this Act and the regulations, a peace officer may, in the performance of his duties,

(1)  enter, at any reasonable time, upon the premises of an off-highway vehicle club laying out or operating a trail to examine and make copies of books, registers, accounts, records and other documents containing information relating to the obligations imposed upon the club by this Act;

(2)  travel to any place in which an off-highway vehicle is being operated;

(3)  order a vehicle to which this Act applies to stop, and inspect the mandatory equipment of the vehicle and, where applicable, of the sleigh or trailer;

(4)  require the operator of an off-highway vehicle to produce proof of age and, where applicable, the certificate of competence or the authorization to drive provided for in the second paragraph of section 18 or the second paragraph of section 21.1;

(5)  require the operator of an off-highway vehicle who is using a public highway to produce his driver’s licence;

(6)  require the vehicle registration certificate issued under the Highway Safety Code (chapter C-24.2) and the civil liability insurance certificate to be produced;

(7)  require, where applicable, the production of the documents issued by an association of off-highway vehicle clubs certifying that the owner of an off-highway vehicle stopped on a trail is the holder of a valid right of access.

A trail security officer may, on the same conditions, exercise the powers provided for in subparagraphs 3, 4, 6 and 7 of the first paragraph. A trail security officer recruited by an association of off-highway vehicle clubs may in addition exercise the power provided for in subparagraph 5 of the first paragraph.

Every person who has the custody or possession of or control over such documents shall, on demand, surrender the documents for examination to the person conducting the inspection.

Upon completion of the examination, the peace officer or trail security officer shall return the documents except in the case of a driver’s licence that the peace officer is authorized to seize under the Highway Safety Code.

1996, c. 60, s. 38; 2006, c. 12, s. 14; 2009, c. 18, s. 12.

39. If, in the course of a verification, a peace officer has reasonable grounds to believe that an offence under this Act or the regulations has been committed, he may seize any thing that may constitute evidence of the offence.

The provisions of the Code of Penal Procedure (chapter C-25.1) pertaining to things seized apply, with the necessary modifications, to things seized under this section.

1996, c. 60, s. 39.

40. On the same conditions, a peace officer and a trail security officer may impound a vehicle or cause it to be impounded or store a vehicle or cause it to be stored to stop the commission of an offence.

The owner may not recover possession of the vehicle except on payment, to the person who has custody of the vehicle, of the actual costs of impounding or storing.

1996, c. 60, s. 40.

41. A trail security officer is not authorized to exercise the powers provided for in articles 84 to 86 of the Code of Penal Procedure (chapter C-25.1) nor, despite articles 87 and 98 of that Code, to make arrests or searches.

1996, c. 60, s. 41; 2006, c. 12, s. 15.

42. A peace officer and a trail security officer must, on request, identify themselves and show their badge or the certificate attesting their capacity.

1996, c. 60, s. 42.

43. No information obtained by a trail security officer in the performance of this duties shall be disclosed except for the purposes of this Act.

1996, c. 60, s. 43.

44. No action may be brought against a peace officer or trail security officer in relation to official acts performed in good faith in the performance of their duties under this Act.

1996, c. 60, s. 44.

45. The clerk of a court of justice or a person under his authority shall send notice to the Société de l’assurance automobile du Québec of any conviction for an offence under section 19.

1996, c. 60, s. 45.

CHAPTER V.1 COMPLAINTS, MEDIATION AND ARBITRATION

2010, c. 33, s. 9.

45.1. The Minister establishes a procedure for dealing with complaints regarding neighbourhood disturbances and any other damage relating to noise, odours or other contaminants with regard to which no legal action can be taken under this Act.

The procedure is administered by a person designated by the Minister.

2010, c. 33, s. 9.

45.2. If the procedure does not result in an agreement, the complainant may, from the 30th day following the filing of the complaint, request the person designated to administer the procedure to appoint a mediator to attempt to settle the dispute.

A mediator is chosen, not later than the 15th day following receipt of the request, from among the mediators on a list drawn up beforehand by the Minister. The mediator’s fees are paid in whole or in part by the Ministère des Transports.

In a directive posted on the department’s Internet site, the Minister sets out

(1)  the conditions a mediator must meet to be on the list mentioned in the second paragraph;

(2)  the rules and responsibilities a mediator must abide by in the exercise of the functions of office;

(3)  the fees payable to a mediator by the department and, if applicable, by the parties; and

(4)  the number of meetings, which may not be less than four, for which the mediator’s fees are to be paid by the department.

2010, c. 33, s. 9.

45.3. If the parties decide to continue mediation beyond the number of meetings provided for in subparagraph 4 of the third paragraph of section 45.2, they alone shall pay the mediator’s fees for the additional meetings.

2010, c. 33, s. 9.

45.4. The role of the mediator is to permit the parties to exchange their points of view and to foster agreement between them.

The mediator may also give an opinion on the dispute, if it persists, and make recommendations.

2010, c. 33, s. 9.

45.5. The mediation sessions are conducted in the presence of the two parties and the mediator.

The parties may, on their own initiative or at the suggestion of the mediator, suspend a session in order to seek advice from counsel or from another person, according to the type of advice sought.

2010, c. 33, s. 9.

45.6. The mediator may call an initial mediation session and the parties are required to attend.

2010, c. 33, s. 9.

45.7. After consultation with the parties, the mediator defines the rules applicable to the mediation and any measures to facilitate its conduct, and determines the schedule of meetings.

The parties must provide the mediator with all the information or documents the mediator requires for the examination of the dispute.

The mediator may convene any person to obtain that person’s point of view.

2010, c. 33, s. 9.

45.8. Unless the parties agree otherwise, the mediation process may not continue for more than 60 days after the date on which the mediator is appointed.

The mediator may terminate the mediation before the expiry of that time or the time agreed upon, if the mediator considers in the circumstances that mediation is not useful or appropriate; in such a case, the mediator must notify the parties in writing.

2010, c. 33, s. 9.

45.9. The mediator sends the mediation report and a copy of any agreement signed by the parties to the Minister. A copy of the report is also sent to the parties.

2010, c. 33, s. 9.

45.10. Nothing that is said or written in the course of a mediation session may be admitted as evidence before a court of justice, before a person or body of the administrative branch exercising adjudicative functions, or before an arbitrator appointed under section 45.13, without the consent of the parties to the mediation.

2010, c. 33, s. 9.

45.11. A mediator may not be compelled to disclose anything revealed to or learned by the mediator in the exercise of the functions of office or to produce a document prepared or obtained in the course of such exercise before a court of justice, before a person or body of the administrative branch exercising adjudicative functions, or before an arbitrator appointed under section 45.13.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person may have access to a document contained in the mediation record.

2010, c. 33, s. 9.

45.12. No proceedings may be brought against the mediator for any act performed or omission made in good faith in the exercise of the functions of office.

2010, c. 33, s. 9.

45.13. If the mediation does not result in an agreement, the complainant may, between the 30th and 120th day following the filing of the mediation report, request the person designated to administer the procedure for dealing with complaints to appoint an arbitrator to decide the dispute.

The arbitrator is chosen, not later than the 15th day following receipt of the request, from among the arbitrators on a list drawn up beforehand by the Minister.

In a directive posted on the department’s Internet site and published in the Gazette officielle du Québec, the Minister sets out the conditions an arbitrator must meet to be on the list mentioned in the second paragraph and the maximum fees an arbitrator may charge the parties.

2010, c. 33, s. 9.

45.14. An arbitrator may only order measures

(1)  to remedy neighbourhood disturbances by, among other means, erecting sound walls or imposing lower speed limits; and

(2)  to stop damage relating to noise, odours or other contaminants by, among other means, re-routing or closing a segment of a trail.

The arbitrator may not order a party to pay damages or, subject to the third paragraph, to pay arbitration expenses.

The arbitrator’s fees and expenses are paid by the parties, unless the arbitrator orders otherwise in a substantiated decision.

2010, c. 33, s. 9.

45.15. Arbitrators have all the powers necessary for the exercise of their jurisdiction. They settle disputes in accordance with the applicable rules of law and decide on every question of fact.

2010, c. 33, s. 9.

45.16. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised nor any injunction granted against an arbitrator acting in an official capacity.

A judge of the Court of Appeal may, on an application, annul by a summary proceeding any judgment rendered or order or injunction made contrary to this section.

2010, c. 33, s. 9; I.N. 2016-01-01 (NCCP).

45.17. Articles 6, 39, 622 to 624, 626 to 637, 642 to 646 and 648 of the Code of Civil Procedure (chapter C-25.01), and the provisions of the Code to which those articles refer, apply, with the necessary modifications, to the arbitration provided for in this chapter.

2010, c. 33, s. 9; I.N. 2016-01-01 (NCCP).

CHAPTER VI REGULATORY PROVISIONS

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.

47. The Minister may, by regulation,

(1)  allow certain types of off-highway vehicles to be operated on all or part of a public highway maintained by the Minister, on the conditions and for the period of time the Minister determines;

(2)  determine any territory not forming part of the territory of a regional county municipality where the operation of off-highway vehicles is not restricted to the hours set out in the first paragraph of section 12.2, in particular where such vehicles are the principal means of transportation;

(3)  define the meaning of a sign or signal erected on a trail or in any other place where the operation of an off-highway vehicle is permitted under this Act;

(4)  prescribe the obligations of off-highway vehicle clubs with regard to signs and signals on the trails they operate;

In force: 2020-01-01

(5)  establish which off-highway vehicles not equipped with a four-stroke or direct-injection two-stroke engine may be operated in the places listed in paragraphs 1 to 4 of section 12.1; and

(6)  determine the regulatory provisions made under this section whose violation constitutes an offence.

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

1996, c. 60, s. 47; 2010, c. 33, s. 11.

47.1. The Minister may authorize the carrying out of pilot projects aimed at testing the use of a vehicle or of equipment related to its functioning or safety, or at improving or elaborating traffic rules or standards for equipment or safety. During a pilot project, the Minister may make any rule concerning the use of a vehicle and authorize any person or body to use a vehicle according to standards and rules the Minister makes that differ from those provided for by this Act and its regulations.

Such pilot projects are established for a maximum of three years, a period which the Minister may, if the Minister judges it necessary, extend for a maximum of two years. The Minister may modify or terminate a pilot project at any time. The Minister may also determine, among the provisions of an order made under this section, those whose violation constitutes an offence, and fix the minimum and maximum fines to which the offender is subject. This amount may not be less than $50 or more than $1,000.

A decision of the Minister made under this section must be in the form of an order. Such an order is not subject to the publication requirement set out in section 8 of the Regulations Act (chapter R-18.1).

2009, c. 18, s. 14.

47.2. A regional county municipality may, by by-law, prescribe for all or part of its territory, the hours, which may vary from one part of the territory to another, during which off-highway vehicular traffic is permitted.

A by-law made under the first paragraph takes precedence over a by-law made by a local municipality, except a by-law made under subparagraph 2 of the first paragraph of section 48, that may affect the hours during which off-highway vehicular traffic is permitted, including a by-law concerning the environment, disturbances or safety, or to ensure peace, order and good government.

A copy of any by-law made under the first paragraph must be sent to the Minister within 15 days of being passed. The Minister may disallow all or part of the by-law at any time. In such a case, the by-law or part of the by-law that has been disallowed ceases to have effect on the date a notice of disallowance is published in the Gazette officielle du Québec or on any later date specified in the notice. The Minister notifies the municipality of his decision as soon as possible.

A local municipality whose territory is not included in that of a regional county municipality is considered to be a regional county municipality for the purposes of this Act.

2010, c. 33, s. 12; 2017, c. 13, s. 226.

48. Every local municipality may pass by-laws

(1)  fixing the distance within which off-highway vehicles may not be operated pursuant to section 12; and

(2)  in the places it determines on lands of the municipality used for public utility, 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.

Before passing a by-law under subparagraph 1 of the first paragraph, a public meeting on the proposed by-law must be held to hear concerned citizens, get their written observations and answer their questions. The municipality accepts written observations up to the 15th day following the meeting.

The meeting is held by a committee chaired by the mayor of the municipality and consisting of at least two other council members designated by the mayor. Not later than the 15th day before the meeting, the clerk or the secretary-treasurer of the municipality shall publish, in accordance with the Act governing the municipality, a notice of the date, time, place and purpose of the meeting.

A copy of any by-law made under subparagraph 1 of the first paragraph must, within 15 days after being passed, be sent to the Minister. The Minister may disallow all or part of the by-law at any time. In such a case, the by-law or part of the by-law that has been disallowed ceases to have effect on the date a notice of disallowance is published in the Gazette officielle du Québec or on any later date specified in the notice. The Minister notifies the municipality of his decision as soon as possible.

1996, c. 60, s. 48; 1999, c. 40, s. 328; 2010, c. 33, s. 13; 2017, c. 13, s. 227.

49. The power to prohibit or restrict the operation of off-highway vehicles or to prescribe rates of speed lower than the rate fixed in this Act by means of a sign or signal conferred on the owner of a private road open to public vehicular traffic or on the maintenance authority and on a club operating a trail must be exercised in compliance with the conditions determined by government regulation.

In the case of non-compliance with the conditions or non-conformity of the sign or signal with regulatory standards, the Minister may notify a notice to the owner, maintenance authority or club, as the case may be, enjoining the offender to take the necessary corrective measures or to remove the non-conforming sign or signal within the time indicated by the Minister. If the offender does not comply with the notice, the Minister may have the sign or signal removed or replaced at the offender’s expense.

1996, c. 60, s. 49; 2009, c. 18, s. 15; I.N. 2016-01-01 (NCCP).

CHAPTER VI.1 CONTRIBUTION OF OFF-HIGHWAY VEHICLE OWNERS

2010, c. 33, s. 14.

49.1. A contribution by off-highway vehicle owners is established to set up or continue financial assistance programs aimed, among other things, at assisting off-highway vehicle clubs, developing and maintaining infrastructures for off-highway vehicles, and protecting wildlife and wildlife habitats.

Every owner of an off-highway vehicle must pay the contribution. The owner pays the contribution at the same time as the amount due for vehicle registration or the amounts due under section 31.1 of the Highway Safety Code (chapter C-24.2).

2010, c. 33, s. 14.

49.2. The Government may, by regulation, set the amount of the contribution, which may vary according to vehicle type or mass or any other mechanical or physical characteristic of the vehicle.

2010, c. 33, s. 14.

49.3. The Société de l’assurance automobile du Québec shall pay the contributions of off-highway vehicle owners into the Consolidated Revenue Fund, within the time and according to the terms prescribed by the Minister of Finance; the contributions paid into the Consolidated Revenue Fund are credited to the Land Transportation Network Fund established by section 12.30 of the Act respecting the Ministère des Transports (chapter M-28).

2010, c. 33, s. 14; 2011, c. 18, s. 291.

CHAPTER VII PENAL PROVISIONS

50. The owner of an off-highway vehicle that does not conform with the provisions of sections 2, 2.0.1, 7 and 21.10 is guilty of an offence and is liable to a fine of $150 to $300.

1996, c. 60, s. 50; 2014, c. 12, s. 22.

51. The owner of an off-highway vehicle is guilty of an offence and is liable to a fine of $150 to $300 if the vehicle tows a sleigh or trailer that does not conform with section 3, 4 or 7.

1996, c. 60, s. 51; 2014, c. 12, s. 23.

52. The operator of an off-highway vehicle who contravenes any of the provisions of the second paragraph of section 20 or of sections 22, 28 and 28.1 or whose vehicle, sleigh or trailer has equipment that does not conform with the first paragraph of section 29 is guilty of an offence and is liable to a fine of $75 to $150.

1996, c. 60, s. 52; 2014, c. 12, s. 24.

53. A person who contravenes any of the regulatory provisions determined pursuant to subparagraph 15 of the first paragraph of section 46 is guilty of an offence and is liable to a fine of $150 to $300.

1996, c. 60, s. 53; 2014, c. 12, s. 25.

54. A person who modifies or removes equipment in contravention of any of the provisions of sections 6 and 7.1 as well as any person who requested, authorized or tolerated the modification or removal is guilty of an offence and is liable to a fine of $275 to $1,100.

A person who contravenes section 6.1 or 7.2 is guilty of an offence and is liable to a fine of $550 to $1,100.

1996, c. 60, s. 54; 2006, c. 12, s. 17; 2010, c. 33, s. 15; 2014, c. 12, s. 26.

55. The operator of an off-highway vehicle who contravenes any of the provisions of section 5, sections 11 to 12.2, the first paragraph of section 20, section 21, the first paragraph of section 21.1, sections 21.4, 21.5, 21.8, 21.9 and 25 and sections 30 to 32, or any of the regulatory provisions under section 48 is guilty of an offence and is liable to a fine of $150 to $300.

1996, c. 60, s. 55; 2009, c. 18, s. 16; 2010, c. 33, s. 16; 2014, c. 12, s. 27.

55.1. The operator of an off-highway vehicle travelling on private land without the owner’s and the lessee’s consent is guilty of an offence and is liable to a fine of $450 to $900.

The owner of an off-highway vehicle who allows the vehicle to be operated on private land without the consent of the owner and the lessee of that land, or who tolerates such operation, is guilty of an offence and is liable to the fine provided for in the first paragraph.

2006, c. 12, s. 18; 2010, c. 33, s. 17; 2014, c. 12, s. 28.

55.2. A person who contravenes the first paragraph of section 14.4 or 14.5 is guilty of an offence and is liable to a fine of $325 to $650.

2010, c. 33, s. 18; 2014, c. 12, s. 29.

55.3. Drivers of off-highway vehicles who contravene section 14.7 are guilty of an offence and are liable to a fine of $125 to $250.

Drivers of road vehicles who contravene that section are guilty of an offence and are liable to a fine of $250 to $500.

Any other person who contravenes that section is guilty of an offence and is liable to a fine of $75 to $150.

2010, c. 33, s. 18; 2014, c. 12, s. 30.

55.4. The owner of a single-seat snowmobile equipped with equipment that does not conform with section 21.2 or 21.3 is guilty of an offence and is liable to a fine of $150 to $300 if the snowmobile is operated while carrying a passenger.

2014, c. 12, s. 31.

55.5. A person of full age who contravenes section 21.6 or 21.7 is guilty of an offence and is liable to a fine of $150 to $300.

A minor 16 years of age or over who contravenes section 21.6 or 21.7 is guilty of an offence and is liable to a fine of $100.

2014, c. 12, s. 31.

56. A person who contravenes the first paragraph of section 23 or any of the provisions of sections 24, 26, 33 and 34 is guilty of an offence and is liable to a fine of $150 to $300.

1996, c. 60, s. 56; 2014, c. 12, s. 32.

56.1. A person who offers to rent or rents to another person, for a period of less than 30 days, an off-highway vehicle whose engine power exceeds that determined by the regulatory standards is guilty of an offence and is liable to a fine of $250 to $500.

2006, c. 12, s. 19.

56.2. A person who contravenes section 23.1 is guilty of an offence and is liable to a fine of $1,000 to $3,000.

2014, c. 12, s. 33.

57. The owner of an off-highway vehicle who contravenes section 19 is guilty of an offence and is liable to a fine of $375 to $750.

1996, c. 60, s. 57; 2014, c. 12, s. 34.

58. A person who hinders a peace officer or a trail security officer, either by concealment or false declaration or by concealing or destroying a document relevant to an inspection, is guilty of an offence and is liable to a fine of $375 to $750.

1996, c. 60, s. 58; 2014, c. 12, s. 34.

58.1. The operator of an off-highway vehicle who fails to comply with the second paragraph of section 23, the second paragraph of section 29 or subparagraph 3 of the first paragraph of section 38 is guilty of an offence and is liable to a fine of $375 to $750.

2006, c. 12, s. 20; 2014, c. 12, s. 35.

58.2. A minor who contravenes the first or second paragraph of section 18 or section 18.1 is guilty of an offence and is liable to a fine of $100.

2009, c. 18, s. 17; 2014, c. 12, s. 36.

In force: 2020-01-01

58.3. (In force on 1 January 2020).

2010, c. 33, s. 19.

59. The operator of an off-highway vehicle who contravenes any of the provisions of the third paragraph of section 18, the second paragraph of section 21.1 or the first two paragraphs of section 35 is guilty of an offence and is liable to a fine of $375 to $750.

1996, c. 60, s. 59; 2006, c. 12, s. 21; 2009, c. 18, s. 18; 2014, c. 12, s. 37.

59.1. A person who operates an off-highway vehicle at a speed in excess of the prescribed maximum speed is guilty of an offence and is liable to a fine of $30 plus,

(1)  if the speed exceeds the speed limit by 1 to 20 km/h, $15 for each 5 km/h by which the speed exceeds the speed limit;

(2)  if the speed exceeds the speed limit by 21 to 30 km/h, $20 for each 5 km/h by which the speed exceeds the speed limit;

(3)  if the speed exceeds the speed limit by 31 to 45 km/h, $25 for each 5 km/h by which the speed exceeds the speed limit;

(4)  if the speed exceeds the speed limit by 46 to 60 km/h, $30 for each 5 km/h by which the speed exceeds the speed limit;

(5)  if the speed exceeds the speed limit by 61 km/h or more, $35 for each 5 km/h by which the speed exceeds the speed limit.

2006, c. 12, s. 22; 2014, c. 12, s. 38.

60. A person who contravenes section 36 is guilty of an offence and is liable to a fine of $375 to $750.

1996, c. 60, s. 60; 2014, c. 12, s. 39.

61. The owner of a maintenance vehicle that is being used on a trail referred to in section 15 without an amber rotating lamp or flashing lights and an operator using such a vehicle when the rotating lamp or flashing lights are not in operation are guilty of an offence and are liable to a fine of $500 to $1,000.

1996, c. 60, s. 61.

62. A club that contravenes any of the provisions of the second paragraph of section 15 or of section 16 is guilty of an offence and is liable to a fine of $500 to $1,000.

1996, c. 60, s. 62.

63. A club that contravenes section 17 is guilty of an offence and is liable to a fine of $1,000 to $2,000.

1996, c. 60, s. 63.

64. In the case of an offence referred to in sections 62 and 63, any director, officer, representative or employee of a club who ordered, authorized, consented to or participated in the offence is guilty of an offence and is liable to the penalty prescribed, whether or not the club has been prosecuted or convicted.

1996, c. 60, s. 64.

65. In the case of an offence committed by a legal person, any director, officer, representative or employee of the legal person who ordered, authorized, consented to or participated in the offence is guilty of an offence and is liable to the penalty prescribed, whether or not the legal person has been prosecuted or convicted.

1996, c. 60, s. 65.

66. A person having authority over a minor who allows the minor to contravene section 18 or 18.1 or tolerates the minor doing so is guilty of an offence and is liable to a fine of $550 to $1,100. The same holds for the owner or custodian of the vehicle used by the minor.

1996, c. 60, s. 66; 2006, c. 12, s. 23; 2014, c. 12, s. 40.

66.1. (Replaced).

2009, c. 18, s. 19; 2014, c. 12, s. 40.

67. In the case of a second or subsequent offence, the fine prescribed in sections 50 to 66 is doubled.

1996, c. 60, s. 67; 2009, c. 18, s. 20; 2014, c. 12, s. 41.

68. Penal proceedings for an offence under a provision of this Act or the regulations may be instituted by a local municipality if the offence is committed in its territory.

Proceedings in respect of such an offence committed in the territory of a municipality may be instituted before the competent municipal court, if applicable.

The fine belongs to the municipality if the municipality has instituted the penal proceedings.

The costs relating to proceedings instituted before a municipal court belong to the municipality to which the court is attached, except for the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C‐25.1), and except for the costs payable to the defendant or imposed on the municipality under article 223 of that Code.

1996, c. 60, s. 68; 2003, c. 5, s. 26.

CHAPTER VIII AMENDING PROVISIONS

69. (Amendment integrated into c. C-24.2, s. 1).

1996, c. 60, s. 69.

70. (Amendment integrated into c. C-24.2, s. 4).

1996, c. 60, s. 70.

71. (Amendment integrated into c. C-24.2, s. 14).

1996, c. 60, s. 71.

72. (Amendment integrated into c. C-24.2, s. 15).

1996, c. 60, s. 72.

73. (Amendment integrated into c. C-24.2, s. 180).

1996, c. 60, s. 73.

74. (Amendment integrated into c. C-24.2, s. 189).

1996, c. 60, s. 74.

75. (Amendment integrated into c. C-24.2, s. 421.1).

1996, c. 60, s. 75.

76. (Amendment integrated into c. C-24.2, s. 550).

1996, c. 60, s. 76.

77. (Amendment integrated into c. C-24.2, s. 618).

1996, c. 60, s. 77.

78. (Amendment integrated into c. C-24.2, s. 621).

1996, c. 60, s. 78.

79. (Amendment integrated into c. C-24.2, s. 626).

1996, c. 60, s. 79.

80. (Amendment integrated into c. C-24.2, s. 627).

1996, c. 60, s. 80.

81. (Omitted).

1996, c. 60, s. 81.

82. (Amendment integrated into c. C-61.1, s. 5).

1996, c. 60, s. 82.

83. (Repealed).

1996, c. 60, s. 83; 1997, c. 95, s. 8.

84. (Amendment integrated into c. C-61.1, s. 162).

1996, c. 60, s. 84.

85. (Amendment integrated into c. S-2.1, s. 8.1).

1996, c. 60, s. 85.

CHAPTER IX TRANSITIONAL AND FINAL PROVISIONS

86. The Minister of Transport is responsible for the administration of this Act.

1996, c. 60, s. 86.

87. The Regulation respecting snowmobiles (R.R.Q., 1981, chapter C-24, r.21) and the Regulation respecting all-terrain vehicles made by Order in Council 58-88 dated 13 January 1988 are deemed to be regulations made under this Act to the extent that they are consistent herewith, and each of their provisions is deemed to be a provision determined under subparagraph 15 of the first paragraph of section 46, the violation of which constitutes an offence.

1996, c. 60, s. 87.

87.1. No legal action founded on neighbourhood disturbances or any other damage relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and 1 January 2020, if the alleged damage is due to the operation of a vehicle to which this Act applies in places authorized under this Act or a regulation under this Act.

Legal action may be brought against the operator or owner of an off-highway vehicle, however, if the cause of the damage is the contravention of a provision of this Act or a regulation under this Act or if the damage results from the commission of an intentional or gross fault by the operator or owner in operating the vehicle.

From 29 November 2006, the first paragraph shall apply only to events occurring as of that date on the trails that form part of the interregional network established by order of the Minister published in the Gazette officielle du Québec. Any order altering the network must be made after consulting with the regional county municipalities concerned and, if it is concerned, any responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1).

For the purposes of the third paragraph, a local municipality whose territory is not included in that of a regional county municipality is considered a regional county municipality. The same is true of a responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), as regards the territory or community it represents.

2004, c. 27, s. 1; 2006, c. 12, s. 24; 2009, c. 26, s. 109; 2010, c. 33, s. 20; 2015, c. 8, s. 270; 2017, c. 25, s. 1.

87.2. Not later than 8 December 2015, the Minister must report to the Government on the advisability of maintaining in force, amending or repealing section 87.1 and the provisions of Chapter V.1.

The report is tabled by the Minister in the National Assembly within the next 30 days or, if the Assembly is not sitting, within 30 days of resumption. It is examined by the appropriate committee of the National Assembly.

2006, c. 12, s. 25; 2010, c. 33, s. 21.

88. (Omitted).

1996, c. 60, s. 88.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 60 of the statutes of 1996, in force on 1 April 1998, is repealed, except section 88, effective from the coming into force of chapter V-1.2 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), the second paragraph of section 18 of chapter 60 of the statutes of 1996, in force on 1 April 2000, is repealed effective from the coming into force of the updating to 1 April 2000 of chapter V-1.2 of the Revised Statutes.