Proposals to Amend Legislation for the Use of Snowmobiles, ATVs and Dirt Bikes

Consultation Document

Introduction

On May 17, 2005, Government announced a number of changes to legislative provisions around the safe and responsible use of All-Terrain Vehicles (ATVs). These issues included: increasing the minimum age of operators; raising registration fees to provide funds for a safety awareness campaign; introducing a 12-month amnesty on provincial taxes for the re-registration of privately sold vehicles to encourage owners to bring their registrations current; and increases in fines and penalties for offences to provide a greater deterrent to improper and unsafe use.

During the process of reviewing the regulation of ATVs, a number of additional issues were raised which require further review. These include: whether similar changes should be made to regulations governing snowmobiles; whether public liability insurance should be mandatory for ATVs and/or snowmobiles; whether operator training should be required for snowmobiles and ATVs; whether helmets should be made mandatory for snowmobile operators; and, to what extent should similar changes be made to the rules for motorized trail bikes.

Injuries related to snowmobile use

Medical research and statistics show that in 2002-03 (the most recent year for which data is available), 19 youth ranging in age from five to 15 years old were hospitalized for injuries related to snowmobile use. By comparison, 58 people age 16 and over were hospitalized for snowmobile-related injuries in the same period. On average between 12 and 17 children under the age of 16 are seriously injured each year in each of the snowmobile and ATV categories.

Medical professionals in this province have strongly lobbied government to increase the minimum age of operators of off-road vehicles (ATVs and snowmobiles) to 16 years old, in order to reduce the number of serious injuries and deaths among young people. Their research and experience indicates that children younger than this do not normally have the physical capability or maturity of judgment to safely operate these machines.

In addition, a number of adults and children are seriously injured or killed each year because they are not wearing protective helmets while operating snowmobiles.

Government's primary objective in regulating off-road vehicles is to ensure their safe use and to prevent injuries. This consultation document is aimed at getting further feedback on safety issues relating to snowmobiles, ATVs and trail bikes.

Below is a list of topics which this consultation document covers:

Age of operator for snowmobiles
Training requirements for snowmobiles
Training requirements for ATVs
Mandatory insurance for snowmobiles
Mandatory insurance for ATVs
Use of helmets for snowmobiles
Rules governing motorized trail or bikes

At the end of this consultation document, there are a series of questions related to each of the above topics.

For reference, the existing legislation governing off-road vehicles: the Motorized Snow Vehicles and All Terrain Vehicles Act and Regulations are available on-line and copies are also available through the Office of the Queen's Printer.

Age of Operator for Snowmobiles

Unlike the manufacturers of ATVs, most snowmobile manufacturers do not make recommendations about the appropriate age for operating a snowmobile. Snowmobiles have changed dramatically since the current Act and Regulations were introduced in the 1980s. Many of today's machines can travel in excess of 120km/h. Many of these machines, being very powerful and heavy, can be difficult to control. Other machines have smaller frames but still have relatively powerful engines (e.g. greater than 125 cc) and can still travel at high speeds.

Current legislation in Newfoundland and Labrador allows youth 13 and over to drive a snowmobile without supervision. Children under the age of 13 may operate a snowmobile with adult supervision. Provisions in the Act indicate the minimum age should be 12 years old to operate these vehicles. However, it is apparent that some parents have purchased smaller snowmobiles and/or allow their very young children to operate these machines (e. g. 6 - 11 year olds).

Within Canadian jurisdictions the minimum age ranges from 10 to 14 years. Some jurisdictions specifically require completion of a training course for youth under 16 years. Some jurisdictions place additional restrictions on those under 16, such as adult supervision and prohibition from crossing roads.

Government wants to ensure safety without being too restrictive. The following has been proposed:

a minimum age of 16 years be required to operate a full-sized snowmobile (greater than 300cc);
children between the ages of 14 and 15 be restricted to operating snowmobiles 300cc and under, with direct supervision by an adult (19+ years); or
completion of a training course be mandatory for all youth (under 16 or under 19) to operate a snowmobile.

Training requirements

Snowmobiles

Proper training for any type of activity improves safety and makes the experience more enjoyable for all. Mandatory training for younger operators would give them the opportunity to learn necessary skills from a qualified instructor in a controlled environment. Currently Ontario and Quebec have mandatory training for operators under 16 years of age. A snowmobile training course, SNOWPRO, developed by the Canadian Council of Snowmobile Organizations, has a classroom and vehicle component designed to give the rider the necessary information and skills to operate safely. This course is used by the Canada Safety Council in its hands-on training program for snowmobiles.

ATVs

There are already a number of training programs available for ATVs. The Canada Safety Council offers a program through certified instructors in this province. The course varies from five to seven hours in length. This program teaches operators the controls of each machine, what it is capable of and what to watch out for when travelling. Proper techniques for making difficult turns on grades are taught.

In addition, some local educational service providers have indicated to government that they would be prepared to deliver standardized ATV and/or snowmobile training programs. However, the cost and availability of training have yet to be determined.

The provincial government is considering mandatory training for all snowmobile and ATV operators, either those under 16 years of age or all operators. However, cost and availability would be key factors in making this determination.

Mandatory Insurance

Under current provincial legislation, public liability insurance is required on off-road vehicles (ATVs and snowmobiles) which cross a highway. In effect, this means that any vehicle which is expected to cross a highway at any time must be insured and there are penalties for not carrying such insurance. In practice, the extent of insurance coverage on these vehicles is not known.

Snowmobiles

With the increasing use of snowmobiles in more populated areas and on busy trails, government is considering whether to require snowmobile operators to carry third-party public liability insurance if they are operated anywhere off a person's own private property. Such insurance would provide compensation for those injured and/or damage done to property owned by another person. Local insurance companies surveyed have quoted yearly premiums of $15 for $200,000 public liability insurance on machines with an engine size of under 300cc and $18 annually for engine sizes greater than 300cc. Canadian jurisdictions with mandatory public liability insurance for snowmobiles include: Ontario, Quebec, Saskatchewan, Alberta, Manitoba and New Brunswick.

ATVs

With the increased number of ATVs being used on trails in populated areas, and the increasing size and power of these machines, there is also an increasing chance of a collision or damage to other persons or property. With this in mind, government is considering requiring public liability insurance for all ATV operators who operate on other than their private property.

Local insurance companies have quoted approximate rates of $50 for $200,000 in public liability insurance for machines with a 250cc engine size and smaller and $65 for $200,000 public liability for machines with an engine size of over 250cc. Many owners of new machines carry full insurance, including theft and fire; however, as with auto insurance, this would not be mandatory. New Brunswick, Yukon, Alberta, Northwest Territories and British Columbia all require mandatory public liability insurance when using the vehicle on other than private property.

Use of Helmets for Snowmobiles

In the early years of snowmobiling, helmets were not well insulated or vented, making operation uncomfortable. Today, with the use of new materials, helmets have much higher insulating qualities and venting, and are available for all temperature ranges.

Current provincial law in Newfoundland and Labrador exempts snowmobile operators from wearing helmets, which are mandatory for ATVs.
Nova Scotia, Prince Edward Island, New Brunswick, Quebec, Ontario, Manitoba, and Saskatchewan all have mandatory helmet legislation.
Every year in this province there are a number of serious injuries and deaths which are directly associated with snowmobile drivers or passengers not wearing helmets.

The provincial government is therefore considering mandatory helmet use for all off-road vehicle users, including snowmobilers.

Rules Governing Motorized Trail (Dirt) Bikes

Currently, 2-wheeled off-road vehicles (commonly known as trail bikes or dirt bikes) are covered by most of the same regulations governing ATVs (3 and 4-wheeled vehicles), with the exception of the most recent changes governing operator age and increased fines. With the new limitations on minimum age for ATV users, there is an expectation that trail bikes will become more popular, particularly for younger children. This carries the potential for increased risk of serious injury.

Safety must be the first concern for operators of these off-road vehicles. Consideration is currently being given to whether the changes introduced for ATVs and proposed for snowmobiles should also be applied to trail bikes.

Consultation Questions

Responses received by August 31, 2005 will be included in the consideration of policy alternatives. This will allow time for the finalization of recommendations to government on any legislative changes for the Fall.