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Quebec's law regulating snowmobile users: law #43

Quebec's law regulating snowmobile users: law #43

In 1998, law # 43 regulating snowmobile and ATV users was passed.
This law will be enforced you can bet on it. Slowly at first, but watch out it has teeth.

STUDS: The provincial Security Supervisor for the Quebec Federation of Snowmobile Clubs Mr François Charpentier explain the interpretation of article #6 of law 43 that stipulates that no one will be allowed to modify a stock snowmobile so as to increase its motor acceleration powers, which includes the pipes but not the studs.
Consequently, the use of studs in the Province of Quebec is legal but after market pipes are not .

NOISY EXHAUST: Last year things changed drastically regarding pipes which had been legislated on but never applied. Police and town councils and snowmobile clubs got so many complaints from landowners and ordinary citizens about the noisy pipes that road blocks suddenly popped up here and there.

St-Jovite, Clova, Lake St-Jean to name three I heard of. Since then, citizen vigilante groups have been mobilizing, meeting town councils one by one, in an effort to close even major Federation trails passing in heavily populated or heavily trafficked areas. They have gone to the provincial legislature to complain, trying to find a sympathetic ear at a higher level, or some other laws with more teeth, anything. There has been pressure on motel and innkeepers asking them to out and out refuse to lodge snowmobilers with piped machines...


SO THIS YEAR, THERE WILL BE, HEAVIER SIGNAGE, MORE POLICING, LESS TOLERANCE (more fines than ever; ((42 killed last season)) and more trails closed if snowmobilers do not respect the noise factors.


At the first World Snowmobiling Summit held in Montreal in September, a symposium asked snowmobile manufacturers to build machines with lower noise factors, less air polluting factors, lower gas guzzling factors, etc. In this area, we`ve had to fight hard to maintain some of our trails open and the meetings and discussions aren`t finished by a long shot. So...you are right, I have to move the tolerance down to zero. I may even have to refuse customers with noisy exhaust machines or suffer the loss of my business when trails close.

SPEED LIMITS: are set at 70 Km/h (45 Mph); some area limits will be posted at 90 Km/h (55 Mph). Normally, Police will tolerate excess speeds of 5 to 10 Km/h (3 to 7 Mph) over the limit providing the snowmobiler is not driving dangerously or under the influence of alcohol.

MINIMUM DRIVING AGE: is 14 years old, preferably with a home drivers permit or proof of competence. I have had many customers coming up to snowmobile with young drivers of 16 or younger. In my 12 years in the business no one has had police problems. The young people were:
Well informed and cocooned.


A responsible adult led the way in front and another in back of the little caravan.


Everyone drove at reasonable speeds
Trail passes and insurance covered them also.
No one drove under the influence of alcohol.

50$ TO 100$ FINES

1-Driving without proof of insurance or proof of state licence.
2-Driving without front and/or back lights on(lit).


100$ to 200$ FINES

1-Driving without the equipment-no brakes, no lights, no cowling.(unless you"ve just had an accident of course.
2-Driving a modified machine which increases its power (like straight pipes)
3-Taking on more passengers than foreseen by manufacturer.
4-Driving on a cross-country trail, an ATV trail, or private property.
5-Driving/or being a passenger under the influence of alcohol.


250$ to 500$ FINES

1-Exceeding the 70 km.(45m.p.h.) speed limit or the limit specified on the trail.
2-Driving without minimal 500,000$ property dammage/Civil Liability insurance.
3.Arguing oor inhibiting a club patroler or police officer in line of duty or destroying documents.
4-Driving without valid driver's permit or certificate.
5-Driving under the minimal age of 14 years.
6.Driving in a way as to endanger the life or lives of people.
7-Damaging private or public property.


500$ TO 1000$ FINES

1-Authorizing a person under the age limit to drive or authorizing a person without a valid permit or driver's certificate to drive. (Second offence-fine is doubled)

 

Updated to 31 December 2001


Chapter V-1.2


AN ACT RESPECTING OFF-HIGHWAY VEHICLES

CHAPTER I
SCOPE

Applicability.

1. This Act applies to the following off-highway vehicles:
(1) a snowmobile whose net mass does not exceed 450 kilograms and whose width does not exceed 1.28 metres, equipment included;
(2) a motorized all-terrain vehicle equipped with handlebars and at least two wheels, that is designed to be straddled and whose net mass does not exceed 600 kilograms;
(3) such other motorized vehicles designed to travel off a public highway as are determined by regulation.
Applicability.

This Act does not apply, however, to vehicles authorized pursuant to the Highway Safety Code (chapter C-24.2) to travel on public highways.
Age requirement.

On competition circuits laid out and used for the competition of motor vehicles subject to the Act respecting safety in sports (chapter S-3.1), only the requirement for the operator to be at least 14 years of age applies. However, a person under 14 years of age may operate an off-highway vehicle in a competition held in compliance with the standards prescribed in a regulation made or approved by the Minister of Municipal Affairs and Greater Montréal under that Act.
1996, c. 60, s. 1.;1997, c. 79, s. 59.;1999, c. 43, s. 15.

CHAPTER II
MANDATORY EQUIPMENT

Regulatory 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.
Applicability.

Subparagraphs 3, 4 and 7 of the first paragraph apply only to vehicles built after 1 January 1998.
1996, c. 60, s. 2.

Sleighs, trailers.

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

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.

Maximum width.

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.

Conformity with standards.

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.
Applicability.

Until the coming into force of such standards, the first paragraph does not apply to the transportation of persons in a sleigh towed by a snowmobile.
1996, c. 60, s. 5.

Removal prohibited.

6. No equipment required by sections 2 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.
Modification prohibited.

No other modification shall be made to the vehicle if the modification is susceptible of reducing its stability or braking capacity or of increasing its accelerating power.
1996, c. 60, s. 6.

Good working order.

7. All equipment prescribed by this Act or the regulations shall be kept in good working order.
1996, c. 60, s. 7.

CHAPTER III
AREAS OF USE


DIVISION I
GENERAL PROVISIONS

Lands in the domain of the State.

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 Forest Act (chapter F-4.1), 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 Ecological Reserves Act (chapter R-26.1), 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 regulation or municipal by-law, including a by-law made by a regional county municipality under article 688.2 of the Municipal Code of Québec (chapter C-27.1), 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.
Authorization.

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.
Regulation.

Where a government regulation is inconsistent with a by-law of a municipality, the former shall prevail.
1996, c. 60, s. 8.;1999, c. 40, s. 328.

Roads, private roads.

9. An off-highway vehicle may be operated on roads and 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.
Authorization.

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.

Trails.

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 Safey Code (chapter C-24.2).
1996, c. 60, s. 10.

Prohibition.

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

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 and provided that the worker complies with the highway traffic rules;
(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 500 metres 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, provided that the operator complies with the highway traffic rules;
(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, provided that the operator complies with the highway traffic rules.
Restriction.

The operation of an off-highway vehicle as provided in subparagraphs 1, 2, 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.
1996, c. 60, s. 11.;1998, c. 7, s. 1.

Distance limit.

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 metres 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 on the conditions set out in this Act;
(3) on a road or private road open to public vehicular traffic;
(4) on a trail laid out on an abandoned railroad right-of-way and indicated on the development plan of a regional county municipality or urban community; or
(5) in any other place determined by government regulation.
1996, c. 60, s. 12.

Obligation to comply.

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, including the payment of duties.
Applicability.

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.

Action prohibited.

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 II
OFF-HIGHWAY VEHICLE CLUB TRAILS

Layout and operation of 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.
Authorization.

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

Every authorization is valid for the period determined by the authority granting it.
1996, c. 60, s. 15.;1999, c. 40, s. 328.

Responsibilities of club.

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

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.

Insurance.

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.

CHAPTER IV
OFF-HIGHWAY VEHICLE OPERATING RULES


DIVISION I
OPERATORS' RULES

Age requirement.

18. Every operator of an off-highway vehicle must be 14 years of age or over.
Certificate.

If the operator is under 16 years of age, 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, unless the operator is otherwise authorized to operate an off-highway vehicle under legislation in force in his place of residence.
Licence.

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 (chapter C-24.2) 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.

Insurance.

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.
1996, c. 60, s. 19.

Obligation to carry certificates.

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.
Loan or lease.

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.

Number of passengers.

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.
Number of passengers.

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.
Equipment requirement.

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.

Number of sleighs.

22. No person shall tow more than one sleigh or trailer with an off-highway vehicle.
1996, c. 60, s. 22.

Obligations of passengers.

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 regulatory equipment:
(1) a protective helmet;
(2) safety glasses if the protective helmet has no visor;
(3) any other equipment prescribed by regulation.
Applicability.

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.

Alcoholic beverages.

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

Compliance with signals.

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.

Prohibition.

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.

Maximum rate of speed.

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

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.
Regulatory signs.

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) on a road or private road open to public vehicular traffic;
(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 paragraph 2 of section 48.
Applicability.

This section does not apply on public roads.
1996, c. 60, s. 27.;1999, c. 40, s. 328.

Lights.

28. The operator of an off-highway vehicle shall keep the white headlight and the red tail-light turned on while operating the vehicle.
1996, c. 60, s. 28.

Requirement.

29. The rear-view mirror, headlight, stop light or tail-light of an off-highway vehicle and the light and reflectors of a sleigh or trailer towed by an off-highway vehicle must not be soiled to the point of being inefficient.
1996, c. 60, s. 29.

Position of vehicle on road.

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.
Exception.

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.

Distance between vehicles.

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.

Obligation to yield.

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.

Use of trails.

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 to cross as safely and as directly as possible without interfering with traffic.
Applicability.

That prohibition does not apply on a trail section situated on the negotiable portion of a road open to public vehicular traffic.
1996, c. 60, s. 33.

Prohibition.

34. No person shall damage or obstruct a trail or interfere with traffic on a trail.
1996, c. 60, s. 34.

Rotating lamps and flashing lights.

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.
Peace officer's vehicle.

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

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

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.

Rates of speed, actions prohibited.

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

Trail security officers.

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.
1996, c. 60, s. 37.

Powers of peace officers.

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;
(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.
Powers of trail security officers.

A trail security officer may, on the same conditions, exercise the powers referred to in subparagraphs 3, 4 and 6 of the first paragraph.
Surrender of documents.

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.
Return of documents.

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.

Seizure.

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.
Provisions applicable.

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.

Impounding of vehicle.

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.
Recovery.

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.

Exception.

41. A trail security officer is not authorized, notwithstanding article 98 of the Code of Penal Procedure (chapter C-25.1), to make searches.
1996, c. 60, s. 41.

Identification.

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.

Restricted disclosure.

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.

Immunity.

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.

Notice of conviction.

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 VI
REGULATORY PROVISIONS

Regulations.

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.
Exceptions, variations.

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.

Operation of off-highway vehicles on public highways.

47. The Minister may, by regulation, allow certain types of off-highway vehicles to be operated on all or part of a public highway maintained by him, on the conditions and for the period of time he indicates.
1996, c. 60, s. 47.

By-laws.

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 or 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.
1996, c. 60, s. 48.;1999, c. 40, s. 328.

Compliance.

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 road or 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.
Non-compliance.

In the case of non-compliance with the conditions or non-conformity of the sign or signal with regulatory standards, the Minister may serve a notice on 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.

CHAPTER VII
PENAL PROVISIONS

Offence and penalty.

50. The owner of an off-highway vehicle that does not conform with the provisions of sections 2 and 7 is guilty of an offence and is liable to a fine of $100 to $200.
1996, c. 60, s. 50.

Offence and penalty.

51. The operator of an off-highway vehicle towing a sleigh or trailer that does not conform with the provisions of sections 3, 4 and 7 is guilty of an offence and is liable to a fine of $100 to $200.
1996, c. 60, s. 51.

Offence and penalty.

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 and 28 or whose vehicle, sleigh or trailer has equipment that does not conform with the provisions of section 29 is guilty of an offence and is liable to a fine of $50 to $100.
1996, c. 60, s. 52.

Offence and penalty.

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 $100 to $200.
1996, c. 60, s. 53.

Offence and penalty.

54. A person who modifies or removes equipment in contravention of any of the provisions of section 6 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 $100 to $200.
1996, c. 60, s. 54.

Offence and penalty.

55. The operator of an off-highway vehicle who contravenes any of the provisions of sections 5, 11 and 12, the first paragraph of section 20, sections 21, 25 and 30 to 32, or any of the regulatory provisions under section 48 is guilty of an offence and is liable to a fine of $100 to $200 or, in the case of an offence relating to the maximum posted rate of speed, to a fine of $250 to $500.
1996, c. 60, s. 55.

Offence and penalty.

56. A person who contravenes any of the provisions of sections 23, 24, 26, 33 and 34 is guilty of an offence and is liable to a fine of $100 to $200.
1996, c. 60, s. 56.

Offence and penalty.

57. The owner of an off-highway vehicle who contravenes section 19 is guilty of an offence and is liable to a fine of $250 to $500.
1996, c. 60, s. 57.

Offence and penalty.

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 $250 to $500.
1996, c. 60, s. 58.

Offence and penalty.

59. The operator of an off-highway vehicle who contravenes any of the provisions of the second and third paragraphs of section 18, section 27 or the first two paragraphs of section 35 is guilty of an offence and is liable to a fine of $250 to $500.
1996, c. 60, s. 59.

Offence and penalty.

60. A person who contravenes section 36 is guilty of an offence and is liable to a fine of $250 to $500.
1996, c. 60, s. 60.

Offence and penalty.

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.

Offence and penalty.

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.

Offence and penalty.

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.

Offence and penalty.

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.

Offence and penalty.

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.

Offence and penalty.

66. Any person who, having authority over a child or being the owner or custodian of a vehicle, allows a child under 14 years of age to operate an off-highway vehicle or a child under 16 years of age to operate such a vehicle without holding a certificate of competence, or, where applicable, without being otherwise authorized to do so, or who tolerates such operation, is guilty of an offence and is liable to a fine of $500 to $1,000.
1996, c. 60, s. 66.

Subsequent offence.

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.

Proceedings.

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.
Municipal court.

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

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

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 366 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.

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

Minister responsible.

86. The Minister of Transport is responsible for the administration of this Act.
1996, c. 60, s. 86.

The Minister for Transport and Maritime Policy exercises, under the authority of the Minister of Transport, the functions with respect to the administration of this Act. Order in Council 233-2001 dated 8 March 2001, (2001) 133 G.O. 2 (French), 1794.
Presumption.

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.

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.

 

c. V-1.2, r.1

Regulation respecting snowmobiles
An Act respecting off-highway vehicles
(R.S.Q., c. V-1.2, s. 46, subpar. 15)

The provisions of this regulation are deemed to be provisions determined under subparagraph 15 of section 46 of this Act.

CHAPTER I
DEFINITIONS

1. (1) In this Regulation, unless the context indicates otherwise, the following words and expressions mean:
(a) «snowmobile»: a self-propelled motor vehicle weighing not more than 450 kilograms constructed primarily for travel on snow or ice, having one or more steering skis or runners, and driven by an endless track or tracks in contact with the ground; the word «snowmobile» includes the racing snowmobile;
(b) «racing snowmobile»: a snowmobile constructed or modified exclusively for race tracks;
(c) «cutter»: a trailer or sleigh specially constructed to be drawn by a snowmobile;
(d) «snowmobile trailer»: a trailer specially constructed or adapted to transport a snowmobile or a cutter, or both means of transport at the same time;
(e) «snowmobilist»: any person who travels in a snowmobile or in a cutter drawn by a snowmobile;
(f) «driver»: the snowmobilist who drives a snowmobile;
(g) «snowmobile trail» or «trail»: a track specially maintained by means of a trail groomer and, in winter, reserved exclusively for snowmobiles;
(h) «Class A trail»: a trail laid out and maintained by the Ministère des Affaires municipales, the Ministère des Ressources naturelles, a government body or a municipality;
(i) «Class B trail»: a trail laid out and maintained on private or public terrain by an approved snowmobile club;
(j) «Class C trail»: a trail laid out and maintained on private or public terrain by any operator other than those contemplated in subparagraphs h and i;
(k) «right of way»: a right granted by a person who has the real rights which permit him to assign the right to an operator to lay out, maintain and use a snowmobile trail over the former's land pursuant to this Regulation, the course of which is plotted in accordance with an agreement between the parties;
(l) «race track»: a race track laid out for races or other competitions for snowmobiles and conforming with the standards decreed by the Direction générale des services techniques of the Ministère de l'Habitation et de la Protection du consommateur pursuant to section 51 of the Regulation respecting safety in public buildings (c. S-3, r. 4) and pursuant to the Public Buildings Safety Act (R.S.Q., c. S-3); the expression «race track» also includes any track intended exclusively for the testing of a racing snowmobile to determine its condition or performance, and approved for a certain period by the competent authority;
(m) «traffic sign»: a sign contemplated in section 35 in the form, dimensions and colours set forth in Schedule A depicting the characters or symbols identifying a trail, place, club or other body, and which indicates the type of vehicle allowed on a trail or in a specific area, the nature, conditions or direction of traffic permitted in such places, the zones requiring special driving attention, either because of immediate danger or for any other reason, or that indicate the principal arrangements, installations, equipment and services placed at the disposal of snowmobilists;
(n) «owner»: any person who has acquired a thing and possesses it under an absolute title, or a conditional one which gives him the right to become owner thereof or to use same as owner thereof, charged to deliver over;
(o) revoked;
(p) «competent authority»:
(i) the Director of the Sûreté du Québec or any representative duly authorized by him;
(ii) the mayor of a municipal corporation governed by the Municipal Code of Québec (R.S.Q., c. C-27.1), for any utilization of its territory;
(iii) the director of police in the municipalities governed by the Cities and Towns Act (R.S.Q., c. C-19) or by special charter;
(iv) the director of police of an urban or regional community;
(q) «operator»: any person who establishes and maintains a trail or an area reserved for snowmobiles;
(r) «shelter»: a structure wherein a snowmobilist may take shelter, rest, warm himself or seek protection against inclement weather or danger;
(s) «local trail»: a trail laid out and maintained to allow snowmobile travel in the trail network of at least one operator;
(t) «regional trail»: a trail laid out and maintained to allow snowmobile travel across at least one administrative sub-region, as defined by the Décret sur la division administrative du Québec (c. D-11, r. 1), using part of the trail network of several operators;
(u) «provincial trail»: a trail laid out and maintained to allow snowmobile travel across at least 3 administrative sub-regions as defined by the Décret sur la division administrative du Québec, using part of the trail network of several operators;
(v) «security guard»: a person whose functions defined by an operator consist mainly in checking driving permits, registration certificates and membership cards, in ensuring that security measures are complied with and in applying this Regulation relating to the sport of snowmobiling, and who is empowered to report violations and give any pertinent information related to the club to which he belongs.
(2) Unless the context indicates otherwise, the words and expressions defined in the Regulation respecting the interpretation of transport regulations (c. T-12, r. 7) form part of this section and have the meaning indicated in this Regulation.
R.R.Q., 1981, c. C-24, r. 21, s. 1;O.C. 902-82, s. 1;S.Q., 1982, c. 53, s. 58.;S.Q., 1994, c. 13, s. 17;S.Q., 1994, c. 17, s. 77.
The Regulation respecting the interpretation of transport regulations (c. T-12, r. 7) is revoked (O.C. 2007-85, s. 1)
2. Pursuant to the powers conferred under paragraph f of subsection 3 of section 109 of the Highway Code, it is decreed that a snowmobile is included in the words «motor vehicle» or «automobile» and the following sections of the Highway Code apply hereto mutatis mutandis insofar as the provisions referred to by these sections apply, namely: subsections 13 to 15, 17, 19 to 23 of section 1, sections 2 to 8, paragraph a of subsection 1, and subsection 2 of section 9, paragraphs a to c of subsection 1, and subsection 2 of section 10, sections 11, 12 and 15, section 18, sections 20 to 23, 25, subsections 2 and 4 of section 27, paragraphs a and c of section 87, section 88, paragraph 6 and subparagraphs a and g to k of paragraph 7 of section 89, paragraph 3 of section 92, sections 93 to 99, and 105 to 108, subsection 1, except paragraph b to d and k, subsection 2, and subsection 3 except paragraph c of section 109, sections 110, 111 and 115 to 130.
R.R.Q., 1981, c. C-24, r. 21, s. 2
In this section, a reference to a provision of the Highway Code (R.S.Q., c. C-24) is a reference to the corresponding provision of the Highway Safety Code (R.S.Q., c. C-24.2). S.Q., 1986, c. 91, s. 655
3. For the purposes of this Regulation, a Class A trail is deemed to be the space between the limits of the land occupied by a route open exclusively to public snowmobile traffic, the maintenance of which is the responsibility of a municipality, Government or government body.
R.R.Q., 1981, c. C-24, r. 21, s. 3
4. In this Regulation, the word «land» or «terrain» includes any frozen or unfrozen body of water.
R.R.Q., 1981, c. C-24, r. 21, s. 4
5. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 5;O.C. 3471-81, s. 78

CHAPTER II
CONSTRUCTION STANDARDS

DIVISION I
VEHICLE

§ 1. Lighting equipment

6. Every snowmobile, except a racing snowmobile, built after 1 January 1972 and used in Québec, must conform with the construction standards contained in this Chapter; in particular, it must be equipped with:
(a) one or 2 white headlamps on the front in accordance with SAE Standard J583b, Fog Lamps, (April 1964);
(b) one or 2 red tail lamps on the rear centreline or symmetrically disposed about the rear centreline, in accordance with SAE Standard J585c, Tail Lamps, (June 1966);
(c) one or 2 red stop lamps on the rear centreline or symmetrically disposed about the rear centreline, in accordance with SAE Standard J586b, Stop Lamps, (June 1966);
(d) one or 2 Class A red reflex reflectors on the rear centreline or symmetrically disposed about the rear centreline as set out in SAE Standard J594d, Reflex Reflectors, (March 1967);
(e) 2 Class A red reflex reflectors, one on each side, as far to the rear as practicable, and not less than 150 millimetres above the ground, in accordance with SAE Standard J594d, Reflex Reflectors, (March 1967); and
(f) a reflector mounted on each side forward of the handlebars or steering wheel, that is:
(i) a Class A amber reflex reflector, mounted on each side not less than 150 millimetres above the ground, as set forth in SAE Standard J594d, Reflex Reflectors, (March 1967); or
(ii) composed of reflex reflective material of a minimum area as projected in side elevation of 100 square centimetres.
R.R.Q., 1981, c. C-24, r. 21, s. 6
7. The headlamps referred to in section 6 shall be mounted in accordance with SAE recommended practice J566, Headlamp Mountings, (January 1960), and shall be arranged in such a manner that they:
(a) provide a beam that complies with the minimum photometric candlepower requirements set out in Table I; and
(b) are capable of providing, at the selection of the driver while the vehicle is in motion, an intensity of light at least of 2 000 candela at all points above the horizontal when aimed with the beam straight ahead, as shown in a plan view of the snowmobile, and with the centre of the high intensity zone 50 millimetres below the lamp centre at a distance of 7,50 metres, when the snowmobile is motionless on a flat horizontal surface.
R.R.Q., 1981, c. C-24, r. 21, s. 7
8. Each tail lamp shall meet the minimum photometric candlepower requirements at all test points set forth in Table II and shall be illuminated when any headlamp is illuminated.
R.R.Q., 1981, c. C-24, r. 21, s. 8
9. Each stop lamp shall:
(a) be illuminated upon application of the service brake;
(b) have a light intensity at all test points set forth in Table II of not less than 3 times the intensity of the tail lamp at the corresponding test points; and
(c) when not combined optically with a tail lamp, be separated by a minimum edge-to-edge distance of not less than 75 millimetres.


see R.R.Q., 1981, 2-697


R.R.Q., 1981, c. C-24, r. 21, s. 9
10. Reflex reflective material shall comply with the requirements of Canadian Government Specifications Board Standard CGSB62-GP-11P with respect to types I and II of Class 1 or 3 materials within the colour range of Table I and having a reflex intensity value of level 1 in Table II.
R.R.Q., 1981, c. C-24, r. 21, s. 10
11. Every cutter shall be equipped with:
(a) one or 2 Class A red reflex reflectors, on the rear centreline or symmetrically disposed about the rear centreline, in accordance with SAE Standard J594d, Reflex Reflectors, (March 1967); and
(b) 2 Class A red reflex reflectors, one on each side at the midpoint of the cutter and not less than 150 millimetres above the ground, in accordance with SAE Standard J594d, Reflex Reflectors, (March 1967).
R.R.Q., 1981, c. C-24, r. 21, s. 11

§ 2. Vehicle identification number

12. Every snowmobile shall have a vehicle identification number, and the identification numbers of any two vehicles manufactured by a manufacturer within a 10 year period shall not be identical.
R.R.Q., 1981, c. C-24, r. 21, s. 12
13. The vehicle identification number shall:
(a) be stamped into the exterior right vertical surface of the track tunnel behind the rearmost edge of the engine hood or at another approved place;
(b) have numerals and letters of not less than 5 millimetres in height;
(c) have a depth of embossing of not less than 0,250 millimetres; and
(d) be readable without moving any part of the vehicle.
R.R.Q., 1981, c. C-24, r. 21, s. 13

§ 3. Handgrips

14. Every seating position intended for passengers on a snowmobile shall be provided with:
(a) a single handgrip located immediately in front of the seating position and large enough to be gripped with both hands by an occupant wearing winter gloves or mitts; or
(b) 2 handgrips located one on each side of the seating position and each large enough to be gripped with one hand by an occupant wearing winter gloves or mitts.
R.R.Q., 1981, c. C-24, r. 21, s. 14
15. Every handgrip referred to in section 14 shall:
(a) be attached to a load-carrying part of the snowmobile;
(b) be capable of withstanding, without failure or separation from the vehicle, a force equal to the curb weight of the snowmobile applied from any direction; and
(c) in the case of a handgrip not rigidly attached to the snowmobile, be attached so that, if it is released from any position other than the position in which it is normally used, it automatically returns to the position in which it is normally used.
R.R.Q., 1981, c. C-24, r. 21, s. 15
16. In the case of a snowmobile having a tandem arrangement of the designated seating positions, the handgrip referred to in paragraph a of section 14 shall not be rigidly attached to the snowmobile.
R.R.Q., 1981, c. C-24, r. 21, s. 16

§ 4. Shielding

17. All moving parts of the transmission and fan of a snowmobile shall be enclosed in such manner that prevents any portion of clothing worn by an occupant or a person near the snowmobile from being caught by such moving parts.
R.R.Q., 1981, c. C-24, r. 21, s. 17
18. Every transmission installed on a snowmobile shall be enclosed by a shield adequate to protect an occupant or a person near the snowmobile in the event of the breakage of the centrifugal clutch or governor, or belt, or other moving part of the transmission.
R.R.Q., 1981, c. C-24, r. 21, s. 18

§ 5. Engine controls

19. Subject to section 20, the mechanism by means of which the driver controls the power delivered by the engine shall incorporate a device for automatically stopping the engine in the event of malfunction of the mechanism.
R.R.Q., 1981, c. C-24, r. 21, s. 19
20. Notwithstanding section 19, every snowmobile may be equipped with a manual device for instantaneous interruption of the ignition of the engine that:
(a) can be activated by the driver's hand from the normal steering position; and
(b) maintains the interruption upon removal of the driver's hand from such device.
R.R.Q., 1981, c. C-24, r. 21, s. 20
21. The engine speed control system shall be equipped with a device that causes disengagement of the clutch when the driver's hand is removed from such system.
R.R.Q., 1981, c. C-24, r. 21, s. 21

§ 6. Tie-down

22. The skis of a snowmobile or snowmobile cutter shall be capable of being clamped to a snowmobile trailer by means of a tie-down cross bar attached to the trailer and passing over or through the skis.
R.R.Q., 1981, c. C-24, r. 21, s. 22
23. Every snowmobile trailer shall be equipped with:
(a) one or more tie-down cross bars located in such a manner as to be capable of clamping the skis of as many snowmobiles as the trailer is capable of carrying; and
(b) tie-down points to which each snowmobile can be secured by ropes or straps and that are of sufficient strength to withstand a force of 2 200 newtons applied separately from any direction to each tie-down point.
R.R.Q., 1981, c. C-24, r. 21, s. 23

§ 7. Cutter tow bar

24. Every snowmobile cutter shall be equipped with a rigid tow bar that, when coupled to a snowmobile, is:
(a) rigidly connected to the cutter so as to prevent gawing movement;
(b) capable of 90º of rolling movement in each direction in relation to the longitudinal vertical plane of the cutter; and
(c) capable of allowing adequate pitching movement of the cutter.
R.R.Q., 1981, c. C-24, r. 21, s. 24

§ 8. Brake

25. Every snowmobile shall, while travelling on packed snow and carrying a driver whose mass is 80 kilograms, be capable of:
(a) stopping within 11 metres at an initial steady speed of 30 kilometres per hour; and
(b) locking its traction belt or belts.
R.R.Q., 1981, c. C-24, r. 21, s. 25

§ 9. Noise

26. A muffler containing baffles or equivalent noise reducing material shall be fitted to each exhaust pipe with which any snowmobile is equipped.
R.R.Q., 1981, c. C-24, r. 21, s. 26
27. No snowmobile built after 1 January 1972 shall produce a sound intensity in excess of 82 decibels.
R.R.Q., 1981, c. C-24, r. 21, s. 27
28. The sound intensity contemplated in section 27 shall be measured in accordance with SAE recommended practice J192, Exterior Sound Level for Snowmobiles, as presently in force or subsequently amended.
R.R.Q., 1981, c. C-24, r. 21, s. 28

§ 10. Parts changes

29. No person shall change the component parts of any snowmobile except to equip it with the structural elements or accessories required under this Regulation.
R.R.Q., 1981, c. C-24, r. 21, s. 29
30. Section 29 applies mutatis mutandis to the accessories and equipment required by this Regulation.
R.R.Q., 1981, c. C-24, r. 21, s. 30

DIVISION II
PROTECTIVE HELMET

31. Subject to subsection 2 of section 63, every protective helmet the wearing of which is prescribed by this Regulation must be in accordance with the standards prescribed by the Regulation respecting protective helmets for motorcyclists and snowmobilists (c. C-24, r. 7) and amendments thereto.
R.R.Q., 1981, c. C-24, r. 21, s. 31

DIVISION III
TOOL KIT

32. Every snowmobile used in Québec shall, inasmuch as possible, be equipped with a tool kit which shall at all times contain the tools required to repair minor engine failures.
R.R.Q., 1981, c. C-24, r. 21, s. 32

DIVISION IV
FIRST AID KIT

33. Every snowmobile used in Québec shall, inasmuch as possible, be equipped with a first aid kit which shall at all times contain basic first aid items.
R.R.Q., 1981, c. C-24, r. 21, s. 33

DIVISION V
SHELTERS

34. There shall be included in every shelter not less than one heating device, a supply of firewood or other fuel, as the case may be, a table, benches or chairs, and, inasmuch as possible, lighting equipment, a pail and a container for heating water.
R.R.Q., 1981, c. C-24, r. 21, s. 34

DIVISION VI
TRAILS

§ 1. Traffic signs

35. A trail shall be equipped with signs in accordance with those set forth in Schedule A.
R.R.Q., 1981, c. C-24, r. 21, s. 35
36. Every trail whose boundaries are not already marked by a fence or otherwise, and which traverses a non-wooded area more than 150 metres long, must be staked by the operator with red markers, not less than 1,50 metres in height and not less than 25 millimetres in diameter, placed in the ground, snow or ice, on each side of the trail at intervals of not less than 90 metres.
R.R.Q., 1981, c. C-24, r. 21, s. 36
37. Each marker referred to in section 36 must have securely fixed to its upper edge a strip or plate of a resistant material measuring 25 millimetres by 75 millimetres and have a white light reflecting surface.
R.R.Q., 1981, c. C-24, r. 21, s. 37
38. No person, who is not authorized thereto by the operator of a trail, shall place or displace any traffic sign or marker installed on such trail.
R.R.Q., 1981, c. C-24, r. 21, s. 38

§ 2. Sizes

39. Every trail must at all times have an overhead clearance of not less than 2 metres above such trail.
R.R.Q., 1981, c. C-24, r. 21, s. 39
40. Every trail must at all times have a clearance of not less than 2,5 metres in width, unless:
(a) the trail is intended for one-way traffic, in which case the required width shall be at least 1,80 metres; or
(b) the trail is a regional or provincial trail, in which case the required width shall be at least 3,70 metres.
R.R.Q., 1981, c. C-24, r. 21, s. 40

§ 3. Lay-out

41. The lay-out of every trail must not inasmuch as possible, include any curve or gradient dangerous to traffic thereat under normal driving conditions.
R.R.Q., 1981, c. C-24, r. 21, s. 41

§ 4. Crossings

42. Where a trail crosses a public highway, it must be located:
(a) so that a snowmobilist crossing at such place is visible at a distance of not less than 150 metres to any person driving a motor vehicle on the said public highway; however, that distance may be changed with the authorization of the Minister of Transport;
(b) so that the most direct crossing may be made from one side of the public highway to the other; and
(c) at a place where a safe crossing is not prevented by any steep grade, uneven ground or obstruction.
R.R.Q., 1981, c. C-24, r. 21, s. 42
43. Where it is necessary that a trail cross a railway track, the location, arrangement and maintenance of such crossing shall be agreed upon, and performed in accordance with the conditions stipulated by the railway company to which such track belongs.
R.R.Q., 1981, c. C-24, r. 21, s. 43

§ 5. Shelters

44. Every trail must be laid out in such a way that a snowmobilist when travelling on such trail or on a connecting trail, shall not be more than 16 kilometres from shelter.
R.R.Q., 1981, c. C-24, r. 21, s. 44

CHAPTER III
STANDARDS OF UTILIZATION

DIVISION I
TRAFFIC

§ 1. Vehicle

45. No person shall travel in a modified snowmobile which does not conform with the standards of construction set forth in sections 6 to 10, 12 to 22 and 25 to 30, unless the said snowmobile is a racing model or a snowmobile constructed prior to 1 January 1972.
R.R.Q., 1981, c. C-24, r. 21, s. 45

§ 2. Locations

46. No person shall travel in a snowmobile, with or without cutter drawn by such vehicle, on a limited access highway, an autoroute, or on any other public highway.
R.R.Q., 1981, c. C-24, r. 21, s. 46
47. Section 46 shall not apply in the following cases:
(a) in an emergency;
(b) upon prior authorization of the competent authority, and under the conditions and at the places so authorized:
(i) where the competent authority deems it absolutely necessary; or
(ii) for purposes of parades, demonstrations, festivals or rallies;
(c) on a public highway not maintained in winter;
(d) for purposes of direct crossing of a public highway, provided that the cutter, if any, be unoccupied and provided that all precautions be taken as dictated by circumstances of place and time, as well as those described in the statutes and the regulations, except in the case of an autoroute or limited access highway to which section 46 applies; or
(e) on a trail laid out in accordance with sections 48 and 49.
R.R.Q., 1981, c. C-24, r. 21, s. 47
48. The Minister may permit an operator to lay out trails under an autoroute or a limited access highway provided that:
(a) such crossing be installed on works now forming an integral part of a highway or provided for in any manner in the plans and specifications to permit such highway to cross obstacles such as water courses and secondary roads;
(b) the traffic has been authorized at the places specifically designated for such purpose by the Minister and arranged in accordance with such other conditions as he deems it expedient to impose;
(c) in such case, the Minister oblige the operator to assume sole responsibility for all accidents involving any person lawfully admitted on such trail, third persons, or the Department, for all damage which may be imputed to such persons or the Department or to all of them at one and the same time because of the operation of such special crossing.
R.R.Q., 1981, c. C-24, r. 21, s. 48
49. Section 48 applies, with the necessary changes to the establishment of a trail on the right of way of an autoroute, a limited access highway or any other public highway, except on the carriageable portion maintained in winter for a segment of the trail not exceeding, inasmuch as possible, 300 metres in length in each case.
R.R.Q., 1981, c. C-24, r. 21, s. 49
50. Traffic on a segment of a trail established pursuant to section 49 must be in the same direction as that for automobiles on the carriageable portion near to which the segment of such trail is established.
Notwithstanding the first paragraph and sections 48 and 49, the Minister must allow travel on the carriageable portion of a public highway maintained in winter, other than an autoroute or a limited access highway, and if necessary, even in a direction opposite to traffic where provided it is done near a public road, bridge or on sidewalk:
(a) such public highway is the only means of crossing above or under an autoroute or a limited access highway; or
(b) that segment of the trail established on a public highway, other than an autoroute or a limited access highway, includes the crossing of a bridge provided:
(i) the crossing of such bridge is necessary to avoid crossing a watercourse that does not sufficiently freeze to permit it to be crossed regularly by snowmobiles in winter;
(ii) the bridge is situated such that every person driving a motor vehicle on that public highway is able to see, from a distance of at least 150 metres, whether a snowmobilist is crossing the bridge; and
(iii) in winter, the average load of vehicle traffic on the bridge is relatively light in comparison with the load on public highways in general.
R.R.Q., 1981, c. C-24, r. 21, s. 50
51. Every person driving a snowmobile with or without a cutter shall have a right of access to every Class A or Class B trail provided that:
(a) revoked;
(b) he carry on his person the registration certificate for the snowmobile he wishes to drive and also his driving permit therefor; and
(c) if he is the holder of a pass issued by an operator of Class A trails, or if he is a member of an approved club, he carry on his person his membership card or pass; or
(d) if he is not a member of an approved club or is not the holder of a pass issued by an operator of Class A trails:
(i) that he pay the fee required by the operator; and
(ii) that he acquaint himself with the document contemplated in section 107, sign it and return it to the operator's representative.
R.R.Q., 1981, c. C-24, r. 21, s. 51;O.C. 902-82, s. 2
52. Notwithstanding section 46, a driver or owner of a snowmobile may travel in such vehicle over public or private terrain other than at the places mentioned in the said section, even though such travel be not over trails:
(a) if he is the owner thereof or has expressly received the prior authorization of the owner; or
(b) if he is a peace officer or a representative of the State in the performance of his duties.
R.R.Q., 1981, c. C-24, r. 21, s. 52
53. No person shall travel in a snowmobile within 30 metres of a dwelling, except on his own land in leaving or returning to his residence, or from a peripheral line of an area reserved for downhill skiing, sliding or skating on terrain laid out therefor, except with the express prior authorization of the owner of such dwelling or the area permitting him to travel at a closer distance to the said dwelling or area.
The authorization provided for in the first paragraph is not required to travel on a snowmobile, within 30 metres of a dwelling, on a trail laid out on a disused railway right of way and indicated in the development plan of a regional county municipality or of an urban community.
R.R.Q., 1981, c. C-24, r. 21, s. 53;O.C. 1500-95, s. 1
54. No person shall operate a racing snowmobile except on a race track.
R.R.Q., 1981, c. C-24, r. 21, s. 54
55. Every segment of a trail which is laid out on a frozen body of water shall be used only during the period determined each year by the operator of such trail who shall give adequate information thereof to snowmobilists likely to use the said trail.
R.R.Q., 1981, c. C-24, r. 21, s. 55

§ 3. Traffic rules

56. A driver of a snowmobile shall keep the headlamps and tail lamps of his snowmobile illuminated at all times.
R.R.Q., 1981, c. C-24, r. 21, s. 56
57. No person shall drive a snowmobile at an excessive speed or in a manner which might endanger the safety or life of persons or property.
R.R.Q., 1981, c. C-24, r. 21, s. 57
58. Subject to section 57 and without restricting the scope thereof, no person shall drive a snowmobile at a speed exceeding that indicated on the traffic signs placed on the part of the trail over which he is passing.
R.R.Q., 1981, c. C-24, r. 21, s. 58
59. No person shall drive a snowmobile at a speed exceeding 10 kilometres per hour within 30 metres of a place where a person is taking shelter or is practicing an outdoor sport other than snowmobiling in an area laid out therefor.
R.R.Q., 1981, c. C-24, r. 21, s. 59
60. Every person driving a snowmobile must obey the traffic signs.
R.R.Q., 1981, c. C-24, r. 21, s. 60
61. Every driver shall temporarily bring his snowmobile to a stop:
(a) at any place and at every intersection where there is an obligatory stop sign;
(b) immediately prior to crossing a public highway or a private road open to motor vehicle traffic; and
(c) prior to crossing a railway track.
R.R.Q., 1981, c. C-24, r. 21, s. 61
62. Every person driving a snowmobile must obey the orders or signals of an operator, a peace officer or a representative of an operator in the performance of his duties.
R.R.Q., 1981, c. C-24, r. 21, s. 62
63. (1) Unless he travels in a sleigh drawn by a snowmobile, every snowmobilist must wear on his head the protective helmet contemplated in section 31.
(2) Notwithstanding subsection 1, a worker who, in the performance of his duties, travels in a snowmobile to go to or return from his place of work may wear, in lieu of the protective helmet contemplated in section 31, a safety helmet endorsed by CSA standard Z.94.1-1966.
R.R.Q., 1981, c. C-24, r. 21, s. 63
64. No snowmobilist shall wear a scarf or other clothing accessory in such manner that it may be caught by the mechanism of the snowmobile, by tree branches, or by other obstructions of a like nature.
R.R.Q., 1981, c. C-24, r. 21, s. 64
65. The driver of a snowmobile shall carry with him the registration certificate for that snowmobile. He shall produce such document when requested to do so by a peace officer, or a person authorized by the Société de l'assurance automobile du Québec or the operator, provided that officer or person has a certificate of identification issued by the Société or by the operator, as the case may be, establishing that he is charged with enforcing this Regulation. For the purposes of this section, a photocopy or duplicate registration certificate issued by the Société may be used in lieu of the original.
R.R.Q., 1981, c. C-24, r. 21, s. 65;O.C. 902-82, s. 3;S.Q., 1990, c. 19, s. 11
66. When driving a snowmobile, every person:
(a) shall make crossings to the right and pass on the left;
(b) shall not overtake and pass another snowmobile on the right, except when the other vehicle is about to turn left;
(c) subject to paragraph b, in passing another snowmobile,shall not bear onto the lane again until he has made sure that he can do so without risk to the snowmobile passed;
(d) when the trail is comprised of more than one lane and such lanes are in opposite directions, the snowmobilist shall drive in the right hand lane and shall refrain from entering the left hand lane before having ascertained that he may do so without danger and after having given warning of his intention if followed closely by another snowmobile;
(e) shall, if following another snowmobile, maintain a safe distance therefrom, taking into account the speed and density of the traffic as well as the condition of the trail;
(f) shall yield the right of way, by bearing to his right, to any following snowmobile claiming it;
(g) shall not drive in reverse without having ascertained that it can be done without risk and without impeding traffic;
(h) shall, when desiring to stop, slow down or turn, make the following signals:
(i) left turn: extend the left arm horizontally to the left;
(ii) right turn: extend the left forearm upwards;
(iii) stop, or lessening of speed: extend the left arm downwards;
(iv) a left turn and a right turn may also be indicated by signals made by a mechanical device which shall be placed on each side of the snowmobile and pointed in the direction of the intended turn; or by signals made by means of a luminous indicator operated on the left side or the right side of the snowmobile with respect to its direction, according to the direction of the intended turn;
(v) a stop or lessening of speed may also be indicated by signals made by means of lights or luminous devices adapted to such purpose at the rear of the snowmobile;
(i) when approaching an intersection where he is preparing to turn left, shall yield the way to any snowmobile coming in the opposite direction which enters the intersection or is so near thereto that it would be dangerous to turn in front of it;
(j) when arriving at bifurcations and at crossings of trails, shall yield the right of way to the driver of a snowmobile approaching on his right on the other trail, except when a stop sign is placed on one of such trails, in which case the driver whose vehicle must be brought to a stop shall be bound to yield the way;
(k) shall, except when directed to ignore a stop sign by a peace officer or by a representative of the operator in the performance of his duties, bring his snowmobile to a stop when approaching an intersection where there is a stop sign and yield the way to any snowmobile coming from another trail;
(l) shall, when preparing to enter a trail, yield the way to any snowmobile approaching his vehicle on such trail;
(m) shall, when he wishes to turn right at an intersection of trails, inasmuch as possible, make a sharp turn and shall not encroach on the left or the centre of the trail which he is entering;
(n) shall not park a snowmobile so as to impede access to any property, or near an intersection of trails or in any other place where it might interfere with the traffic on the trails;
(o) shall, in every case when parked on a trail, leave a sufficiently clear space to permit the parked snowmobile to be seen from both directions; this provision does not apply to a vehicle parked by reason of absolute necessity;
(p) shall not place his snowmobile on a trail while being fuelled.
R.R.Q., 1981, c. C-24, r. 21, s. 66
67. Whenever a peace officer or an agent of the operator in the performance of his duties finds a snowmobile parked on a trail contrary to paragraphs n to p of section 66, he may move it or require the person having the care thereof to move it.
R.R.Q., 1981, c. C-24, r. 21, s. 67

§ 4. Particular restrictions

68. No person shall, while travelling in a snowmobile, pursue, harass, maim or kill an animal, with such vehicle or otherwise.
R.R.Q., 1981, c. C-24, r. 21, s. 68
69. No snowmobilist, except a peace officer in the performance of his duties, shall:
(a) be in possession of a firearm while travelling at night in a snowmobile or a cutter, unless such firearm is inserted in a closed holster;
(b) have in his possession, or transport, a loaded firearm in his snowmobile or cutter;
(c) discharge a firearm from a snowmobile or a cutter.
R.R.Q., 1981, c. C-24, r. 21, s. 69
70. No person shall drive or have the care of a snowmobile while under the influence of alcohol or a drug.
R.R.Q., 1981, c. C-24, r. 21, s. 70
71. It is forbidden to throw or deposit on or beside a trail any glass, bottle, tin can or any other waste or refuse liable to injure a human being or animal, or damage a vehicle or spoil the environment.
R.R.Q., 1981, c. C-24, r. 21, s. 71
72. (1) No skier, snowshoer or pedestrian may make use of a snowmobile trail except in case of accident or emergency; in such cases he must cross the trail in a manner so as not to cause an accident or cause obstruction to normal use of the trail by any snowmobilist.
(2) No snowmobilist may use a trail reserved solely for another sport such as cross-country skiing, downhill skiing or snowshoeing except in the case of accident or emergency; in such a case, he must be certain that he can do so without risk and take the necessary precautions so as not to cause an accident or cause obstruction to normal use of such a trail by any user.
(3) Except in cases of accident or emergency, no road vehicle other than a snowmobile and its cutter may be used on a snowmobile trail save to cross it as directly as possible; in such cases, the trail must be crossed in a manner so as not to cause an accident or to obstruct normal use of the trail by a snowmobilist. This provision does not apply to a vehicle used for the upkeep of the trail, such as a groomer or a packer.
R.R.Q., 1981, c. C-24, r. 21, s. 72;O.C. 1646-85, s. 1

§ 5. Accidents

73. When a snowmobilist is involved in an accident in which the damage apparently exceeds 200 $ or where any person dies or suffers bodily injury therefrom, the following persons shall make a written report to the president, vice-president or secretary of the snowmobile club, or to the operator of Class A trails in charge of the trail or area where the accident occurred, and to the Société:
(a) the driver of the snowmobile involved, within 48 hours of the occurrence of such accident; and
(b) the owner of the snowmobile involved, within 48 hours of the occurrence of such accident, or within 48 hours of the time when he became aware thereof, if he was not present at such accident.
R.R.Q., 1981, c. C-24, r. 21, s. 73;S.Q., 1990, c. 19, s. 11
74. When a snowmobile is involved in an accident within the meaning of section 73, the following persons shall make a report thereof to the Société within 8 days of the date of its occurrence if they had personal knowledge of such accident, or otherwise, within 8 days of the date when they received knowledge thereof:
(a) the operator of any Class A trail when the accident has occurred on a trail of which the said operator is in charge;
(b) the chief of police, constable, peace officer or highway patrolman present or who was informed thereof;
(c) the insurer who was notified of the accident;
(d) the railway company, in the case of collision with one of its vehicles;
(e) the coroner before whom an inquest is made concerning the death of a person caused by the accident.
R.R.Q., 1981, c. C-24, r. 21, s. 74;S.Q., 1990, c. 19, s. 11

DIVISION II
OBSTRUCTIONS TO TRAFFIC

75. No person shall obstruct, by means of a gate or any other obstacle, access to and free traffic on a trail.
R.R.Q., 1981, c. C-24, r. 21, s. 75
76. Any peace officer, operator of a trail or any representative of such operator in the performance of his duties, may remove without indemnity to the owner, any gate or other obstacle placed at the entrance to, or elsewhere on, a trail or area reserved for snowmobilists.
R.R.Q., 1981, c. C-24, r. 21, s. 76
77. Notwithstanding sections 75 and 76, a permanent or temporary control station may be erected by the operator of a trail or any person authorized by him therefor, to check whether a snowmobilist has a right of access to the trail or to collect the admission fee to the trail.
R.R.Q., 1981, c. C-24, r. 21, s. 77

CHAPTER IV
COMMON PRECAUTIONARY MEASURES

78. Every person who parks a snowmobile under his care shall, where applicable, remove the ignition key from the vehicle.
R.R.Q., 1981, c. C-24, r. 21, s. 78
79. When a key is not required for starting a snowmobile, every person who has the care thereof must, in parking it, take reasonable precautions to prevent such snowmobile from being used by a child or any other unauthorized person.
R.R.Q., 1981, c. C-24, r. 21, s. 79

CHAPTER V
MAINTENANCE STANDARDS

80. Every owner of a snowmobile built after 1 January 1972, shall at all times maintain in good working order the safety devices required by Division I of Chapter II, namely the headlamps, lamps, brakes, muffler, the device for automatically stopping the engine, as well as any levers or devices for purposes of acceleration, disengagement of the clutch, braking and illumination of lamps and headlamps.
R.R.Q., 1981, c. C-24, r. 21, s. 80
81. Section 80 applies mutatis mutandis to any snowmobile built before 1 January 1972, taking into consideration its design and the equipment with which it was fitted when it was built.
R.R.Q., 1981, c. C-24, r. 21, s. 81
82. Every trail, traffic sign, or shelter shall be maintained in good condition during the period of use.
Every regional or provincial trail must be maintained, over a width of at least 2,50 metres, with heavy machinery specially built or adapted for the maintenance of snowmobile trails; where applicable, the surface of the trail to be maintained includes the width of the snow bank between the 2 traffic lanes of that trail which shall not be more than 600 millimetres.
R.R.Q., 1981, c. C-24, r. 21, s. 82
83. When the period of use of snowmobiles has ended, the operator shall remove the signs and markers from the trails and areas reserved for snowmobiles and shall store them until the next period of use in such manner that they shall not deteriorate.
R.R.Q., 1981, c. C-24, r. 21, s. 83
84. Any trail or shelter may at all times be inspected by a representative of the Department appointed for such purpose.
R.R.Q., 1981, c. C-24, r. 21, s. 84

CHAPTER VI
STANDARDS OF PROPERTY AND POSSESSION

DIVISION I
VEHICLE

85. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 85;O.C. 3471-81, s. 78
86. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 86;O.C. 3471-81, s. 78
87. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 87;O.C. 3471-81, s. 78
88. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 88;O.C. 3471-81, s. 78
89. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 89;O.C. 3471-81, s. 78
90. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 90;O.C. 3471-81, s. 78
91. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 91;O.C. 3471-81, s. 78
92. Every owner of a snowmobile shall insure such snowmobile registered in Québec for an amount not less than 35 000 $ covering liability arising from the use of such vehicle.
R.R.Q., 1981, c. C-24, r. 21, s. 92
93. Section 92 does not apply to a racing snowmobile driven on a race track.
R.R.Q., 1981, c. C-24, r. 21, s. 93
94. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 94;O.C. 3471-81, s. 78
95. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 95;O.C. 3471-81, s. 78

DIVISION II
DRIVING PERMIT

96. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 96;O.C. 3474-81, s. 43
97. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 97;O.C. 3474-81, s. 43
98. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 98;O.C. 3474-81, s. 43
99. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 99;O.C. 3474-81, s. 43
100. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 100;O.C. 3474-81, s. 43
101. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 101;O.C. 3474-81, s. 43
102. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 102;O.C. 3474-81, s. 43
103. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 103;O.C. 3474-81, s. 43
104. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 104;O.C. 3474-81, s. 43

DIVISION III
TRAILS

105. An operator may, by agreement, obtain a right of way for the establishment of a trail from any person who consents thereto and who possesses the rights permitting him to grant such right of way.
R.R.Q., 1981, c. C-24, r. 21, s. 105
106. The agreement referred to in section 105 shall be made in writing and where the right of way is transferred for a consideration, a clause to this effect shall be included in the agreement.
R.R.Q., 1981, c. C-24, r. 21, s. 106
107. A person who wishes to become a member of a snowmobile club and obtain a card from that club must assume, in writing, the responsibility ensuing from the use of a trail.
R.R.Q., 1981, c. C-24, r. 21, s. 107
108. Section 107 applies mutatis mutandis to the issuance of any other pass by an operator.
R.R.Q., 1981, c. C-24, r. 21, s. 108
109. Where a person contemplated in section 107 is a minor, no pass or membership card shall be given to him unless a person of the age of majority guarantees that such minor person:
(a) renounces the right to claim any indemnity for damages sustained while on the property of any person who has granted a right of way contemplated in section 105; and
(b) shall pay the person who granted the right of way contemplated in section 105 for any damage caused by him while on the property upon which said right of way was granted.
R.R.Q., 1981, c. C-24, r. 21, s. 109
110. The guarantee referred to in section 109 shall be made by a written agreement.
R.R.Q., 1981, c. C-24, r. 21, s. 110
111. Every operator shall, before permitting a person who is not a club member or holder of a pass to travel in a snowmobile on a trail for which such operator is responsible, have him complete, sign and return the document contemplated in section 107.
R.R.Q., 1981, c. C-24, r. 21, s. 111
112. The Société shall forward copies of sections 107 to 111 to every operator so that the latter may post them in places where they may be easily read, particularly at each control station on the trails for which the operator is responsible.
R.R.Q., 1981, c. C-24, r. 21, s. 112;S.Q., 1990, c. 19, s. 11
113. Sections 109 and 110 apply mutatis mutandis where the person contemplated in section 111 is a minor.
R.R.Q., 1981, c. C-24, r. 21, s. 113
114. Any snowmobile club may make an agreement with a railway company on the establishment of a level crossing for snowmobiles on the railroad operated by the company.
R.R.Q., 1981, c. C-24, r. 21, s. 114

DIVISION IV
APPROVAL OF TRAILS

115. The approval of every trail is given by the Minister in accordance with this Division.
R.R.Q., 1981, c. C-24, r. 21, s. 115
116. The Minister shall cause to be published annually a pamphlet containing the maps of the trails of Québec, the location of local, regional and provincial trails, the sites of shelters, and the principal services indicated to the Department as being at the disposal of the snowmobilists using such trails.
R.R.Q., 1981, c. C-24, r. 21, s. 116
117. An operator who wishes to have a trail approved must, as of 1981, furnish the Société with the following documents before 1 June of each year:
(a) 2 copies of the plan of the trails for which the operator is directly responsible and that he wishes to operate during the current winter or 3 copies where those trails cross or are established partly on a public highway maintained in winter. Such plan must be mapped out on a sectorial map, if available, otherwise on a thematic map on a scale of 1:125 000, if possible, otherwise on a scale of 1:50 000. Such plan must include sufficiently precise indications concerning the nature, number and location of shelters and areas reserved for snowmobiles, the parking areas intended for automobiles, the average width of each trail, the number and direction of the lanes in each trail and the distinction between local, regional and provincial trails;
(b) a document in which the operator or his directors attest that the trails outlined on such topographical map are the objects of a right of way within the meaning of sections 105 to 113.
In the case of renewal, an operator is exempted from submitting the documents provided for in subparagraph a of the first paragraph, except if there are changes to be made to the trails or if the Minister requests him to do so for any other reason. In that case, the operator must use the sectorial maps printed by the Department that contain the layout of the trails. The said plan must contain the information referred to in subparagraph a of the first paragraph.
R.R.Q., 1981, c. C-24, r. 21, s. 117;S.Q., 1990, c. 19, s. 11
118. After examining the documents contemplated in section 117, the official authorized by the Minister shall, as soon as possible, advise the operator of the approval or refusal of such trail giving the reasons therefor.
R.R.Q., 1981, c. C-24, r. 21, s. 118
119. Any approval shall include, for each approved trail, an indication of its number and its length. The official shall, in numbering each trail, make a distinction between a local trail and a regional or provincial trail. A copy of the map of the approved trail, with the pertinent indications, shall be returned to the operator by the official at the same time as the letter of approval.
R.R.Q., 1981, c. C-24, r. 21, s. 119

CHAPTER VII
TRANSITIONAL AND FINAL PROVISIONS

120. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 120;O.C. 3471-81, s. 78
121. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 121;O.C. 3471-81, s. 78
122. Replaced.
R.R.Q., 1981, c. C-24, r. 21, s. 122;O.C. 3471-81, s. 78
123. This Regulation is made under sections 3 to 5 of the Transport Act (R.S.Q., c. T-12) and under section 109 of the Highway Code (R.S.Q., c. C-24).
R.R.Q., 1981, c. C-24, r. 21, s. 123
In this Regulation, any reference to the Highway Code (R.S.Q., c. C-24) is a reference to the corresponding provision of the Highway Safety Code (R.S.Q., c. C-24.2). (S.Q., 1986, c. 91, s. 655).


SCHEDULE A

Signboards

DIVISION I
SIGNS

R.R.Q., 1981, c. C-24, r. 21, Sch. A, Div I


R.R.Q., 1981, c. C-24, r. 21, Sch. A, Div I

DIVISION II
DESCRIPTION OF SIGNS

1. The description of type A or designation signs is as follows:
A-1 Cross roads
A-2 T intersection or junction at right or left
A-3 Y intersection
A-4 Junction at left or merging traffic from right
A-5 Junction at right or merging traffic from left
A-6 Directional arrow (left, right or stright ahead)
A-7 Oblique directional arrow (left or right)
A-8 Numbered marker of local trail
A-9 Numbered marker of regional or provincial trail
A-10 Distances in kilometres
A-11 Cardinal point: NORTH
A-12 Cardinal point: SOUTH
A-13 Cardinal point: EAST
A-14 Cardinal point: WEST
A-15 Name of club or other identification sign
A-16 Shelter
A-17 First aid post
A-18 Gas
A-19 Mechanics
A-20 Restaurant.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 1
2. The description of type B or absolute regulation signs is as follows:
B-1 Parking
B-2 Trail or service for snowmobiles
B-3 Obligatory stop at intersection
B-4 No snowmobiles
B-5 Do not enter.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 2
3. The description of type C or warning signs is as follows:
C-1 Right or left turn
C-2 Trail narrows
C-3 Steep hill
C-4 Narrow lane or bridge
C-5 Dangerous hole
C-6 Stretch of ice
C-7 Railway crossing
C-8 Stop ahead sign
C-9 Snowmobile crossing
C-10 Planting of young trees
C-11 Private road crossing
C-12 Two-way traffic.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 3

DIVISION III
GENERAL DESCRIPTION

4. The purpose of signs on snowmobile trails is:
(a) to serve as an essential tool in the organization of snowmobile trails and to promote safety thereon;
(b) to guide and reassure trail users by giving useful directives and information and by pointing out hazards;
(c) to standardize signs on snowmobile trails.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 4
5. The criteria for an efficient system of signs on snowmobile trails shall be:
(a) to establish the most straightforward and comprehensible system possible for all users;
(b) to eliminate as many written signs as possible by using symbols well adapted to the hazards and characteristics to be indicated;
(c) to choose colours and symbols which attract attention, are plainly visible in winter both in the forest and in open spaces, and which may be clearly identified or read from a distance;
(d) to reduce the number of colours, symbols and shapes of signs as much as possible in order to obtain minimum production and purchase costs; and
(e) to adapt the greatest number of signs to multiple recreational purposes.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 5
6. The categories of signs shall be:
(a) type A or designation signs;
(b) type B or absolute regulation signs; and
(c) type C or warning signs.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 6
7. These signs shall bear the following colours, markings and numbers:
(1) In the case of type A or designation signs:
(a) those signs designating direction, namely models A-1 to A-7 inclusive, shall consist of a red symbol on a white background, with a black border 5 millimetres wide, and 5 millimetres from the edge of the sign, and in most cases, shall bear black detachable and interchangeable numerals at least 50 millimetres in height. However, these signs may be used without the identification number of the trails;
(b) in the case of identification signs, namely models A-8 to A-15 inclusive:
(i) a sign indicating a cardinal point or a distance in kilometres on a trail shall bear a marking and consist of a black border on a white background. The numeral(s) indicating the number of kilometres travelled or to be travelled shall be black, detachable and approximately 60 millimetres in height;
(ii) a sign used for a numbered marker of a local trail shall consist of a black border on a white background, with a yellow stripe 25 millimetres wide inside the black border; the numerals indicating the trail number shall be black, detachable and approximately 60 millimetres in height;
(iii) a sign used for a numbered marker of a regional or provincial trail shall consist of a black border on a white background, with a red stripe 25 millimetres wide inside the black border; the numeral(s) indicating the trail number shall be of the same type as those of numbered markers of local trails;
(iv) a sign indicating the name of a club or other operator, or any other identification of a place such as the name of a river, lake, village etc. shall contain only a black border on a white background; all the markings on this sign shall contain pointed or detachable black letters or numerals approximately 40 millimetres in height;
(c) service signs, namely models A-16 to A-20, shall in most cases, bear a black symbol or, in the case of a «first aid post», a red symbol, and a black border on a white background with a yellow stripe 25 millimetres in width inside the said border. The shelter number shall be optional; where used, it shall be formed of black detachable numerals approximately 60 millimetres in height;
(2) In the case of type B or absolute regulation signs, namely models B-1 through B-5:
(a) the obligatory stop sign shall bear an inscription in white letters 60 millimetres in height and a white border 5 millimetres in width on a red background;
(b) obligatory or authorization signs shall consist of a black border 5 millimetres in width on a white background, placed at 5 millimetres from the edges of the sign, and a black symbol surrounded by a green ring 30 millimetres in width;
(c) regulation signs shall consist of a black border on a white background, and a black symbol ringed by a red regulation stripe measuring 25 millimetres in width;
(3) Type C or warning signs, namely models C-1 to C-12, shall, in general, consist of a black border 5 millimetres in width placed at 5 millimetres from the edges of the sign, and a black symbol on a yellow background. Only sign C-8, indicating a «stop ahead sign», shall have special characteristics: it shall, in addition, contain an octagon with a red background 180 millimetres in height with a 5 millimetres white border and a white marking consisting of numerals 50 millimetres in height.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 7
8. Signs shall have the following shapes:
(a) square shapes shall be used for direction and service signs and for absolute regulation signs, with the exception of the obligatory stop;
(b) rectangular shapes shall be restricted to identification signs;
(c) octagonal shapes shall be restricted to stop signs; and
(d) rhombic shapes shall be restricted to warning signs.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 8
9. (1) All signs shall be of 2 basic sizes, namely square signs 300 millimetres and rectangular signs 300 millimetres by 150 millimetres. Only the sign «snowmobile crossing» shall measure 900 millimetres because it is erected by the Department along public highways. These dimensions may, however, be slightly reduced where such signs are made of plywood, masonite, etc. in order to avoid loss of material during cutting.
(2) Where applicable, any enlargement of signs shall necessarily entail a proportional modification of all dimensions and sizes of signs and the symbols and markings thereon, as for example in the case of «obligatory stop» signs 600 millimetres by 600 millimetres.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 9
10. Red, yellow or green, and straight or circular stripes, black numerals, conventionalized representation and forms shall constitute marks or symbols with the aim of being clearly legible and not requiring any unnecessary mental strain on the part of the user. Markings must be simple and composed of common abbreviations and symbols.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 10
11. (1) In order to be clearly legible to approaching drivers, signs must bear sufficiently large markings. Where a sign must be read from a distance of 15 metres, the letters thereon must be at least 25 millimetres in height; but from a distance of 60 metres they must be at least 100 millimetres in height.
(2) Diacritic signs, diaereses and cedillas must always be included, even for capital letters.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 11
12. (1) Signs on trails or public highways shall have a reflectorized background in order to be clearly visible both in the daytime and at night. The background, border, symbol and marking must all be reflectorized unless they are black.
(2) The reflectorizing material must be such that it permanently retains its physical properties and evenly distributes light when the sign is illuminated by motor vehicle or snowmobile headlamps. A reflectorized sign may change in appearance at night because of condensation.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 12
13. Signs must be made of quality material. Metallic material or alloys resistant to corrosion and deformation, plywood, products made of waterproof compressed paper and plastic shall be commonly used.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 13
14. Signs shall, as much as possible, be fastened with stainless steel nails, screws and bolts.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 14
15. (1) Signs shall, in general, be erected by means of wooden or metal posts. In certain cases, it may be necessary to erect such signs on a permanent fixture, such as a picket, shelter etc. but they may not be erected on living trees. The wooden post is the safest and most useful and practical support which can be used on trails.
(2) A wooden post shall, in most cases, be 2,5 metres in height with at least 300 millimetres planted in the ground or ice. Such post shall be at least 50 millimetres in diameter at the centre, such centre being 1,2 metres from the ground in the case of a segment of the trunk of a young tree; for this purpose, it is preferable to use wood of a low commercial value such as the aspen (trembling aspen) or grey birch. In the case of sawn wood, a softwood post shall be used provided that it be 75 millimetres wide by 50 millimetres thick, more or less.
R.R.Q., 1981, c. C-24, r. 21, Sch. A, s. 15
16. (1) Designation, absolute regulation and warning signs shall be erected according to the general inst