Legislation to enhance safety for all off-road vehicle users in Newfoundland and Labrador was introduced for second reading today in the House of Assembly.
If passed, the Off-Road Vehicles Act, formerly known as the Motorized Snow Vehicles and All-Terrain Vehicles Act, will apply to all-terrain vehicles, side-by-sides, snowmobiles, mini-bikes, dirt-bikes, dune/sport buggies, and amphibious vehicles.
Proposed changes include:
- The mandatory use of helmets;
- Safety training requirements;
- Supervision requirements;
- Requirement for operating on a highway; and
- Increased fines.
Leading up to the proposed changes, the Provincial Government completed a comprehensive review of the legislation, including a jurisdictional scan of legislation throughout the country, and extensive consultations with stakeholders, including the Newfoundland and Labrador Snowmobile Federation, snowmobile clubs, T’Railway Council, Municipalities Newfoundland and Labrador, Canadian Off-Highway Vehicle Distributers Council, the medical community, Indigenous Governments/organizations, and enforcement partners. The modernization of the Act addresses their feedback, and presents an opportunity for residents to renew their commitment to safe and responsible off-road vehicle use.
Peace officers also have an important role to play. The Royal Canadian Mounted Police, Royal Newfoundland Constabulary, Resources Enforcement Officers with the Department of Fisheries, Forestry and Agriculture, as well as other peace officers, work tirelessly to enforce and educate the public on off-road vehicle safety, and their enforcement measures help ensure the law is being upheld.
Further enhancing safety for off-road vehicle users aligns with government’s ongoing commitment to improved vehicle safety in the province, which is evident through the numerous changes to the Highway Traffic Act.
Quotes
“Off-road vehicle use is quite common throughout our province, however, there have been far too many fatalities and injuries due to unsafe operation. While today’s proposed changes are designed to improve safety, it is up to all users to ensure the safe operation of their off-road vehicles.”
Honourable Sarah Stoodley
Minister of Digital Government and Service NL
“We are extremely pleased with today’s announcement of the proposed new legislation contained within the provincial Off-Road Vehicles Act and its Regulations. RCMP NL has responded to 47 fatalities involving off road vehicles since 2018. The mandatory requirement for helmets, seatbelts, safety training and increased parental supervision, would assist law enforcement with the fight to decrease the number of injuries and deaths involving off-road vehicles throughout Newfoundland and Labrador.”
S/Sgt. David Ossinger
NCO/IC Traffic Services RCMP NL
“The Royal Newfoundland Constabulary recognizes the value of education paired with accountability, as it relates to the operation of vehicles throughout our communities. The proposed amendments not only address the safety and education of users, they equip our officers with the tools they require to promote compliance. The focus here is the safety and wellbeing of off-road operators, passengers, and our community as a whole.”
Cst. James Cadigan
Royal Newfoundland Constabulary
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Learn more
News Release: Road Safety Week Encourages Motorists to Drive Safely
News Release: Legislative Changes Further Enhance Road Safety and Consumer Protection
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Media contacts
Krista Dalton
Digital Government and Service NL
709-729-4748, 685-6492
kristadalton@gov.nl.ca
Corporal Jolene Garland
Royal Canadian Mounted Police
709-772-6170
rcmp.nl.media-medias.tnl.grc@rcmp-grc.gc.ca
Cst. James Cadigan
Royal Newfoundland Constabulary
709-729-8658
media@rnc.gov.nl.ca
BACKGROUNDER
Proposed Changes to Off-Road Vehicle Legislation
| Issue/Topic | Current Legislation | Proposed Amendments |
| Housekeeping | Motorized Snow Vehicles and All-Terrain Vehicles Act and Regulations | Name change – Off-Road Vehicles Act and Regulations |
| Definitions of all-terrain vehicle and motorized snow vehicle | New definition of side-by-side and off-road vehicle, and revised definition of all-terrain vehicle to include side-by-sides | |
| Newfoundland and Labrador Snowmobile Federation Inc. and Labrador Winter Trails Inc. referenced as managed trail operators | Names of specific trail operators removed and replaced with umbrella term, managed trail operators | |
| Operator Safety Training | N/A | Training will be required for the following:
• anyone under 16 years of age • anyone registering an off-road vehicle for the first time • anyone convicted of an offence under the Act or Regulations, and has had their registration suspended or cancelled |
| Highway Use | Operator permitted to cross a highway if the operator holds a driver’s licence, the vehicle is insured, and operator has not less than 100 yards of visibility in both directions | Operator permitted to cross a highway where the operator has not less than 150 metres visibility in both directions
Operators are permitted to travel along a highway to access a trail, where the off-road vehicle is operated on the shoulder of the highway for a maximum distance of 1 km, and the off-road vehicle is operated at a speed of not more than 20 km/hr |
| Towing of Trailers | N/A | New definition of trailer and hitch or attachment must meet specific safety requirements
Operator must not tow passengers on or across a highway |
| Age Limits and Supervision | Snowmobile
• 13 years of age to operate • Under 13 years of age must be accompanied by another person who is 19 years of age or older
ATV • 16 years of age to operate • 14 to 16 years old can operate a ATV with engine size of 90cc or less if accompanied and supervised by a person who is 19 years of age or older |
Off-Road Vehicle
• Under 13 years of age not permitted to operate an off-road vehicle with engine size greater than 125cc • Under 16 years of age must be supervised by a licenced driver at least 18 years of age
|
| An operator of a vehicle is accompanied and supervised when the other person has visual and voice communication with the operator | An off-road vehicle is supervised when, at all times, the person supervising is able to see the operator and be seen by the operator; and provide immediate direction to the operator
The supervisor must ensure the operator has completed the required training and uses the required safety equipment |
|
| Additional Safety Requirements | N/A | Person must not operate a dirt bike unless they are able to sit astride the dirt bike with both feet touching the ground |
| N/A | Person must not operate a side-by-side unless the person is able to sit with the seatbelt fastened and both feet flat on the floor | |
| N/A | New definition of disability-related modification, and allowances made for approved disability-related modifications to comply with requirements for feet to touch the floor or ground | |
| Fines | Snowmobile
• $100 to $1,500
ATV • $250 to $2,500 |
General increase of fines from $100 to $2,500
Fines no longer differentiated by type of off-road vehicle
Fines increased for offences related to operating on a highway and helmet use
Specific fines added for current (e.g. failure to register, failure to keep plate/decal visible) and new requirements (e.g. training and safety equipment) |
| Mandatory Helmet Use | No requirements in current Act; requirements for ATVs only included in the Regulations (see below) | Helmets mandatory for all off-road vehicles and in all areas of the province
Operators and passengers must wear a helmet that conforms to the requirements prescribed in the Regulations, is properly fitted, and has the fastening device secured
Lieutenant-Governor in Council may add to the Regulations exemptions from the helmet requirement |
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Proposed Regulatory Changes
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| Mandatory Helmet Use | Helmets required for ATVs except in remote Labrador communities | Helmets not required where the off-road vehicle is being operated during hunting and trapping activities involving frequent stops, if speed of the off-road vehicle is less than 20 km/hr |
| Seatbelts | N/A | Seatbelts required to be worn in any off-road vehicle equipped with seatbelts |