R.R.O. 1990, Reg. 804: GENERAL, Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44
Motorized Snow Vehicles Act
Loi sur les motoneiges
R.R.O. 1990, REGULATION 804
GENERAL
Historical version for the period January 1, 2014 to December 31, 2014.
Last amendment: O. Reg. 171/12.
This Regulation is made in English only.
1. In this Regulation,
“roadway” means roadway as defined in the Highway Traffic Act;
“vehicle” means a vehicle as defined in the Highway Traffic Act. R.R.O. 1990, Reg. 804, s. 1.
2. Where, in order to,
(a) ensure orderly movement of traffic;
(b) prevent injury or damage to persons or property; or
(c) permit proper action in an emergency,
a conservation officer or police officer, who considers it necessary to take control of the situation and direct traffic, may do so and, despite this Regulation, every driver of a motorized snow vehicle who is in a position to obey his or her directions shall do so. R.R.O. 1990, Reg. 804, s. 2.
3. A driver of a motorized snow vehicle approaching an intersection shall yield the right of way to a vehicle or motorized snow vehicle that has entered the intersection from a different highway and when a motorized snow vehicle and vehicle or motorized snow vehicle enter an intersection from different highways at approximately the same time the driver on the left shall yield the right of way to the vehicle or motorized snow vehicle on the right. R.R.O. 1990, Reg. 804, s. 3.
4. Every driver of a motorized snow vehicle shall obey the instructions or directions indicated on any official sign as defined in the Highway Traffic Act. R.R.O. 1990, Reg. 804, s. 4.
5. (1) Except as provided in sections 3 and 9, the driver of a motorized snow vehicle about to enter or cross a roadway from property adjoining the roadway shall,
(a) bring the motorized snow vehicle to a complete stop; and
(b) upon entering the roadway yield the right of way to all oncoming traffic that constitutes a hazard. R.R.O. 1990, Reg. 804, s. 5 (1).
(2) The driver referred to in subsection (1) shall enter or cross at an angle of approximately 90 degrees to the direction of the roadway. R.R.O. 1990, Reg. 804, s. 5 (2).
6. (1) The driver of a motorized snow vehicle intending to turn to the right into an intersecting highway shall approach the intersection and turn as closely as practicable to the right curb or edge of the roadway. R.R.O. 1990, Reg. 804, s. 6 (1).
(2) The driver of a motorized snow vehicle within an intersection intending to turn to the left across the path of any vehicle or motorized snow vehicle approaching from the opposite direction shall not make the left turn until he or she has afforded a reasonable opportunity to the driver of the other vehicle or motorized snow vehicle to avoid a collision. R.R.O. 1990, Reg. 804, s. 6 (2).
(3) The driver of a motorized snow vehicle intending to turn to the left into an intersecting highway at an intersection where traffic is permitted to move in both directions on each highway entering the intersection shall approach the intersection as closely as practicable to the centre line of the highway and the left turn shall be made by passing to the right of the centre line where it enters the intersection, and upon leaving the intersection by passing to the right of the centre line of the highway then entered. R.R.O. 1990, Reg. 804, s. 6 (3).
(4) The driver of a motorized snow vehicle intending to turn to the left from a highway designated for use of one-way traffic into an intersecting highway on which traffic is permitted to move in both directions shall approach the intersection as closely as practicable to the left curb or edge of the roadway and on entering the intersection shall pass to the right of and as closely as practicable to the centre line of the highway being entered where it enters the intersection. R.R.O. 1990, Reg. 804, s. 6 (4).
(5) The driver of a motorized snow vehicle intending to turn to the left from a highway on which traffic is permitted to move in both directions into an intersecting highway designated for the use of one-way traffic shall approach the intersection as closely as practicable to the centre line of the highway and on entering the intersection the left turn shall be made by passing as closely as practicable to the left hand curb or edge of the roadway designated for the use of one-way traffic. R.R.O. 1990, Reg. 804, s. 6 (5).
(6) The driver of a motorized snow vehicle intending to turn to the left from a highway designated for use of one-way traffic into an intersecting highway designated for use of one-way traffic shall approach the intersection as closely as practicable to the left-hand curb or edge of the roadway and on entering the intersection the left turn shall be made by passing as closely as practicable to the left-hand curb or edge of the roadway being entered. R.R.O. 1990, Reg. 804, s. 6 (6).
7. (1) The driver of a motorized snow vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle or motorized snow vehicle may be affected by the movement shall give a signal plainly visible to the driver of the other vehicle or motorized snow vehicle of the intention to make the movement. R.R.O. 1990, Reg. 804, s. 7 (1).
(2) The driver of a motorized snow vehicle parked or stopped on the highway before setting the motorized snow vehicle in motion shall first see that the movement can be made in safety, and, if in turning the motorized snow vehicle the operation of any other vehicle or motorized snow vehicle may be affected by the movement, shall give a signal plainly visible to the driver of the other vehicle or motorized snow vehicle of the intention to make the movement. R.R.O. 1990, Reg. 804, s. 7 (2).
(3) The signal referred to in subsections (1) and (2) shall be given by means of the hand and arm and the driver shall indicate his or her intention to turn,
(a) to the left, by extending the hand and arm horizontally and beyond the left side of the vehicle; or
(b) to the right, by extending the hand and arm upward and beyond the left side of the vehicle. R.R.O. 1990, Reg. 804, s. 7 (3).
(4) The driver of a motorized snow vehicle upon a highway before stopping or suddenly decreasing the speed of the motorized snow vehicle, if the operation of any other vehicle or motorized snow vehicle may be affected by the stopping or decreasing of speed, shall give a signal,
(a) plainly visible to the driver of the other vehicle or motorized snow vehicle of the intention to stop or decrease speed; and
(b) by means of the right hand and arm extended straight upward. R.R.O. 1990, Reg. 804, s. 7 (4).
8. No driver of a motorized snow vehicle upon a highway shall turn the motorized snow vehicle so as to proceed in the opposite direction when,
(a) upon a curve where traffic approaching the motorized snow vehicle from either direction cannot be seen by the driver of the motorized snow vehicle within a distance of 150 metres;
(b) on a railway crossing or within 30 metres of a railway crossing;
(c) upon an approach to or near the crest of a grade where the motorized snow vehicle cannot be seen by the driver of another vehicle or motorized snow vehicle approaching from either direction within 150 metres; or
(d) within 150 metres of a bridge, viaduct or tunnel where the driver’s view is obstructed within that distance. R.R.O. 1990, Reg. 804, s. 8.
9. Every driver of a motorized snow vehicle shall obey the requirements set out in sections 144 and 146 of the Highway Traffic Act with respect to an indication of a traffic control signal system or a portable lane control signal system. R.R.O. 1990, Reg. 804, s. 9.
10. (1) Where a driver of a motorized snow vehicle on a highway meets another vehicle or motorized snow vehicle, he or she shall turn out to the right from the centre of the roadway, allowing to the vehicle or motorized snow vehicle so met one-half of the roadway free. R.R.O. 1990, Reg. 804, s. 10 (1).
(2) No driver of a motorized snow vehicle shall pass or attempt to pass another vehicle or motorized snow vehicle going in the same direction on a highway unless the roadway,
(a) in front of and to the left of the vehicle or motorized snow vehicle to be passed is safely free from approaching traffic; and
(b) to the left of the motorized snow vehicle passing or attempting to pass is safely free from overtaking traffic. R.R.O. 1990, Reg. 804, s. 10 (2).
11. No motorized snow vehicle shall be driven to the left of the centre of a roadway designed for one or more lines of traffic in each direction, when approaching the crest of a grade or upon a curve in the roadway or within thirty metres of a bridge, viaduct or tunnel where the driver’s view is obstructed within that distance as to create a hazard in the event another vehicle or motorized snow vehicle might approach from the opposite direction, but this section does not apply to a highway designated for the use of one-way traffic or to a highway divided into clearly marked lanes where there are more lanes for traffic in one direction than in the other direction. R.R.O. 1990, Reg. 804, s. 11.
12. (1) Subject to subsection (2), the driver of a motorized snow vehicle may overtake and pass to the right of another vehicle or motorized snow vehicle on a highway only,
(a) when the vehicle or motorized snow vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;
(b) upon a highway with unobstructed pavement of sufficient width for two or more lines of vehicles or motorized snow vehicles in each direction; or
(c) upon a highway designed for the use of one-way traffic only. R.R.O. 1990, Reg. 804, s. 12 (1).
(2) The driver of a motorized snow vehicle shall not overtake and pass to the right of another vehicle or motorized snow vehicle where the movement cannot be made in safety. R.R.O. 1990, Reg. 804, s. 12 (2).
13. The driver of a motorized snow vehicle shall not follow another vehicle or motorized snow vehicle more closely than is reasonable and prudent having due regard for the speed of the vehicle or motorized snow vehicle and the traffic on and the conditions of the highway. R.R.O. 1990, Reg. 804, s. 13.
14. (1) When the driver of a motorized snow vehicle is approaching a railway, he or she shall stop the motorized snow vehicle and shall not proceed to cross until he or she can do so safely. R.R.O. 1990, Reg. 804, s. 14 (1).
(2) The driver referred to in subsection (1) shall enter or cross at an angle of approximately 90 degrees to the direction of the railway. R.R.O. 1990, Reg. 804, s. 14 (2).
15. (1) No person shall park, stand or stop a motorized snow vehicle on a roadway,
(a) when it is practicable to park, stand or stop the motorized snow vehicle off the roadway; or
(b) when it is not practicable to park, stand or stop the motorized snow vehicle off the roadway unless a clear view of the motorized snow vehicle and of the roadway for at least 125 metres beyond the motorized snow vehicle may be obtained from a distance of at least 125 metres from the motorized snow vehicle in each direction upon the highway. R.R.O. 1990, Reg. 804, s. 15 (1).
(2) Subsection (1) does not apply to a roadway within a city, town or village, and the provisions of subsection (1) with respect to parking, standing or stopping do not apply to a portion of a roadway in respect of which a by-law passed by the council of a township or county or by the trustees of a police village prohibiting or regulating parking, standing or stopping on the roadway, as the case may be, is in force. R.R.O. 1990, Reg. 804, s. 15 (2).
(3) Where a police officer finds a motorized snow vehicle on a highway in contravention of the provisions of this section, he or she may move the motorized snow vehicle or require the driver or other person in charge of the motorized snow vehicle to move it. R.R.O. 1990, Reg. 804, s. 15 (3).
(4) Despite this section, no person shall park or stand a motorized snow vehicle on a highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. R.R.O. 1990, Reg. 804, s. 15 (4).
(5) A police officer upon discovery of any motorized snow vehicle parked or standing in contravention of subsection (4) or of a municipal by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage of it, if any, are a lien upon the motorized snow vehicle, which may be enforced in the manner provided the Repair and Storage Liens Act. R.R.O. 1990, Reg. 804, s. 15 (5).
16. Subject to section 4, no person shall operate a motorized snow vehicle at a speed greater than is reasonable and prudent under conditions then existing. R.R.O. 1990, Reg. 804, s. 16.
17. (1) This section applies to every motorized snow vehicle in operation,
(a) at any time from one-half hour before sunset to one-half hour after sunrise; or
(b) when, because of insufficient light or unfavourable atmospheric conditions, persons and vehicles are not clearly visible at a distance of up to 150 metres. O. Reg. 184/01, s. 1.
(2) Every vehicle to which this section applies must have,
(a) at least one head lamp on the front of the vehicle showing a white or amber light only; and
(b) one tail lamp on the rear of the vehicle showing a red light only. O. Reg. 184/01, s. 1.
(3) Every lamp required by subsection (2) must be clearly visible at a distance of at least 150 metres from the front or rear of the vehicle, as the case may be. O. Reg. 184/01, s. 1.
17.1 Every motorized snow vehicle must, at all times, have one working head lamp and one working tail lamp capable of complying with the requirements of section 17. O. Reg. 184/01, s. 1.
17.2 (1) Every cutter, toboggan, sled or similar conveyance towed by a motorized snow vehicle must have,
(a) one yellow reflex reflector on each side at the front;
(b) one red reflex reflector on each side at the rear; and
(c) one or two red reflex reflectors on the rear. O. Reg. 184/01, s. 1.
(2) The reflex reflectors required by subsection (1) must comply with the Society of Automotive Engineers Standard J594May89, Reflex Reflectors. O. Reg. 184/01, s. 1.
18. (1) A permit for a motorized snow vehicle must be validated each year. O. Reg. 405/93, s. 1.
(2) A permit is not valid unless it is properly affixed to the Registration Certificate for the motorized snow vehicle. O. Reg. 405/93, s. 1.
(3) A valid permit ceases to be valid when the expiry date shown on the permit has passed, the motorized snow vehicle is transferred or the permit is surrendered to the Ministry or replaced by a permit issued by another jurisdiction. O. Reg. 405/93, s. 1.
19. (1) In this section,
“new motorized snow vehicle” includes a used vehicle with no previous registration in Ontario;
“resident of Northern Ontario” means a person, other than a corporation, who ordinarily resides in the Territorial District of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Timiskaming or Thunder Bay. O. Reg. 405/93, s. 1; O. Reg. 509/00, s. 1; O. Reg. 397/04, s. 1.
(2) The following fees shall be paid to the Ministry:
1. |
For the registration of a new motorized snow vehicle |
$32 |
Note: On January 1, 2015, paragraph 1 is revoked and the following substituted: |
||
1. |
For the registration of a new motorized snow vehicle |
$33 |
See: O. Reg. 171/12, ss. 1 (3), 2 (3). |
||
2. |
For an annual validation device for a motorized snow vehicle permit |
15 |
3. |
For the transfer of a motorized snow vehicle permit |
6 |
4. |
For a replacement permit and set of adhesive devices in case of loss or destruction |
10 |
5. |
For a copy of any writing, paper or document filed in the Ministry, other than an accident report, or any statement containing information from the records |
6 |
6. |
For a copy of an accident report |
12 |
7. |
For certification of a copy of any writing, paper or document filed in the Ministry or any statement containing information from the records |
6 |
8. |
For each search of motorized snow vehicle records by registration number, vehicle identification number or name or identification number of the registered owner or permit holder |
12 |
O. Reg. 405/93, s. 1; O. Reg. 171/12, s. 1 (1, 2).
(3) Despite subsection (2), no fee is payable for the following:
1. The registration of a new motorized snow vehicle that is to be driven only on lands owned or occupied by the vehicle owner.
2. An annual validation device for a motorized snow vehicle permit if the permit holder is a resident of Northern Ontario.
3. The registration of a new motorized snow vehicle or an annual validation device if the permit holder is an aboriginal person and the vehicle is to be driven only on reserve land.
4. The issue or transfer of a permit or the issue or replacement of a validation device for a motorized snow vehicle owned or leased by the Government of Ontario. O. Reg. 405/93, s. 1.
20. The helmet worn by a person who drives a motorized snow vehicle or rides on a motorized snow vehicle or on a cutter, toboggan, sled or similar conveyance towed by a motorized snow vehicle must comply with the standards set out in the regulations made under the Highway Traffic Act for helmets used while riding or operating a motorcycle or motor assisted bicycle. O. Reg. 184/01, s. 2.
21. Persons in a motorized snow vehicle commonly known as an enclosed personnel carrier are designated a class of persons to whom subsection 20 (1) of the Act does not apply. R.R.O. 1990, Reg. 804, s. 21.
22. Upon the registration of a motorized snow vehicle, the Ministry or a person authorized by the Minister shall issue a Registration Certificate bearing the registration number of the motorized snow vehicle. R.R.O. 1990, Reg. 804, s. 22.
23. (1) The registration number of the motorized snow vehicle shall be,
(a) affixed to both sides of the cowling on decals provided by the Ministry; or
(b) painted on, or affixed to, both sides of the cowling as prescribed in subsection (4). O. Reg. 145/97, s. 1.
(2) Decals with a registration number displayed in accordance with clause (1) (a) shall be not less than 10 centimetres and not more than 15 centimetres from the rear of the cowling. O. Reg. 145/97, s. 1.
(3) Despite subsection (2), if the design of the motorized snow vehicle makes it impracticable to affix the decals in accordance with that subsection, the decals may be affixed to each side of the tunnel of the vehicle next to or as near as possible to the forward edge of the reflector light. O. Reg. 145/97, s. 1.
(4) A registration number displayed in accordance with clause (1) (b) shall,
(a) be painted on, or affixed to, both sides of the cowling with the rear limit of the number being not less than 10 centimetres and not more than 15 centimetres from the rear of the cowling;
(b) be in a colour that contrasts with its background;
(c) be not less than five centimetres and not more than 7.6 centimetres high;
(d) have a stroke width of not less than five millimetres and not more than 13 millimetres;
(e) have digits of uniform style and height; and
(f) where practicable, have the digits separated by spaces that are not more than five centimetres wide. O. Reg. 145/97, s. 1.
24. (1) If a validation device is issued, its adhesive part must be affixed so that,
(a) for a registration number displayed in accordance with clause 23 (1) (a), the adhesive part of the device is on the upper right hand corner of the decal that is on the left side of the motorized snow vehicle; or
(b) for a registration number displayed in accordance with clause 23 (1) (b), the adhesive part of the device is to the left side of the cowling of the vehicle between the registration number and the rear of the cowling. O. Reg. 145/97, s. 1.
(2) For a validation device issued after June 1, 1997 for a registration number displayed in accordance with clause 23 (1) (b), the adhesive part of the device must be affixed to the centre of an area of white background that forms a border of at least one centimetre in width surrounding the adhesive part of the validation device. O. Reg. 145/97, s. 1.
25. (1) Despite subsection 18 (3) and section 24 of this Regulation, a motorized snow vehicle may be driven after evidence of validation for the permit has been purchased but before it has been affixed to the motorized snow vehicle, if the following conditions are met:
1. The evidence of validation was purchased by means of an electronic transaction,
i. no later than on the expiry date of the old evidence of validation, and
ii. no earlier than nine days before the expiry date of the old evidence of validation.
2. A printed copy of the receipt for the electronic transaction is carried by the driver of the motorized snow vehicle and is surrendered with the evidence of registration for the motorized snow vehicle upon a demand made under the Act.
3. The old evidence of validation remains properly affixed to the motorized snow vehicle. O. Reg. 120/12, s. 1.
(2) The exemption described in subsection (1) is valid for a period of 10 days after the expiry date of the old evidence of validation. O. Reg. 120/12, s. 1.
(3) In this section,
“electronic transaction” means a transaction completed over the internet;
“old evidence of validation” means the evidence of validation in force at the time the new evidence of validation was purchased. O. Reg. 120/12, s. 1.
26. Subsection 19 (2) of the Act does not apply to a driver of a motorized snow vehicle which is towing a conveyance on a serviced roadway within the areas designated in Schedule 1 if two red reflectors,
(a) are securely attached to the back of the conveyance;
(b) are located as far apart as practicable and are at the same height; and
(c) are positioned so as to reflect the light from the headlights of a vehicle approaching from the rear. O. Reg. 736/94, s. 1.
Schedule 1
1. Those areas in the districts of Kenora and Thunder Bay north of the railway tracks of the Canadian National Railways passing through the municipalities of Malachi, Minaki, Quibell, Sioux Lookout, Savant Lake, Armstrong and Nakina.
2. Those areas in the Territorial District of Cochrane north of 50 degrees latitude.
3. Those areas in the Territorial District of Algoma north of the railway tracks of the Canadian Pacific Limited passing through the municipalities of Amyot, Franz and Missanabie.
4. Those areas in the territorial districts of Rainy River, Kenora, Thunder Bay, Cochrane, Algoma and Sudbury that are not within a city, town, village or police village and not within eight kilometres of a highway designated as a King’s Highway or secondary highway under the Public Transportation and Highway Improvement Act.
O. Reg. 736/94, s. 2.