The new Off-Road Vehicles Act and Regulations, which enhance safety for all off-road vehicle users, will come into effect on May 19, 2022. The Act, which received Royal Assent in November, can be found on the House of Assembly website.
The Regulations have also been published in the Newfoundland and Labrador Gazette.
Effective May 19, 2022, the wearing of helmets on all off-road vehicles will be mandatory. The one exception where helmets will not be required is for hunting and trapping activities, involving frequent stops, where speed is less than 20 km/hr. Seatbelts are also mandatory on off-road vehicles where seatbelts have been installed by the manufacturer.
The use of chains will now be permitted on off-road vehicle tires.
Further changes to the legislation can be found in the backgrounder below.
Government is currently working with safety partners to develop training programs and to ensure training is widely available to those who require it. Information regarding when this portion of the Off-Road Vehicles Act and Regulations will come into force will be announced at a later date.
Quote
“The Provincial Government recognizes the value of outdoor recreation, and it is critically important that safety always be top of mind for off road vehicle users. With stronger safety requirements and updated legislation we can help ensure our children, partners, friends and family enjoy using their off-road vehicles without incident.”
Honourable Sarah Stoodley
Minister of Digital Government and Service NL
-30-
Learn more
News Release: Helmet and Seatbelt Regulations Coming for Off-Road Vehicle Use
News Release: Residents Reminded to Practice Off-road Vehicle Safety
News Release: New Legislation Increases Safety for Off-Road Vehicle Users
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Media contact
Krista Dalton
Service NL
729-4748, 685-6492
kristadalton@gov.nl.ca
BACKGROUNDER
Changes to off-road vehicle legislation, effective May 19, 2022
| 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 a 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 | |
| Highway Use | Operators 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 | Operators permitted to cross a highway where the operator has not less than 150 metres visibility in both directions
Operators 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
Operators must not tow passengers on or across a highway |
| Age Limits and Supervision | Snowmobile
• 13 years old to operate • Under 13 years old must be accompanied by another person who is 19 years of age or older
ATV • 16 years old to operate • 14 to 16 years old can operate 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 16 years of age must not operate an off-road vehicle with an engine size that exceeds the manufacturer’s recommendation for an operator of their age and weight • Under 16 years of age must be supervised by a licenced driver at least 18 years of age
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| 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 |
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| Additional Safety Requirements | N/A | A person must not operate a mini-bike, dirt bike, or trail bike unless they are able to keep both feet on the pedals or foot rests |
| N/A | 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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Regulatory changes, effective May 19, 2022
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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 |
| Chains on Tires | Operation of wheeled ATV with chains on tires prohibited | Chains permitted on tires of an off-road vehicle |
To be proclaimed at a later date
| 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 |
