| |
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 |