Snowmobile Offences
Snowmobiling is popular across Ontario, but many riders do not realize that snowmobiles are regulated under Ontario’s Motorized Snow Vehicles Act (“MSVA”). Police and conservation officers regularly lay snowmobile-related charges involving insurance, trail permits, impaired operation, speeding, trespassing, dangerous driving, and failure to stop for police.
If you were charged under the Ontario Motorized Snow Vehicles Act, you may face substantial fines, licence suspensions, increased insurance costs, and even possible jail time depending on the allegation. Understanding your legal rights and the potential consequences is critical.
WHAT IS THE MOTORIZED SNOW VEHICLES ACT?
The Ontario Motorized Snow Vehicles Act governs the ownership, registration, operation, and use of snowmobiles throughout Ontario. The legislation applies to both recreational and trail riding and sets out rules involving registration, licensing, insurance requirements, trail permits, speed limits, equipment standards, passenger safety, and police enforcement powers.
The Act also works alongside Ontario’s Highway Traffic Act and the Criminal Code in certain situations, especially where alcohol, drugs, dangerous operation, or collisions are involved.
COMMON SNOWMOBILE CHARGES IN ONTARIO
Many of the same laws governing motor vehicle drivers also apply to snowmobile operators in Ontario, however, there are some nuances. Some of the more common offences laid under the Motorized Snow Vehicles Act include:
- Driving a Snowmobile Without Insurance: s. 12 of the Act requires those operating a snowmobile to carry valid insurance coverage in most situations. Riders may also be required to produce proof of insurance when requested by police or conservation officers. A conviction for operating without insurance can result in fines ranging from approximately $200 to $1,000.
- Speeding: Snowmobile operators are subject to speed limits under Ontario law. Speeding violations may result in substantial fines and other penalties. s.14(1) of the Motorized Snow Vehicles Act set the general speed limits at 20km/h on highways where the speed limit under the Highway Traffic Act is 50km/h or less and in public parks and 50km/h on trails and highways where the speed limit under the Highway Traffic Act exceeds 50km/h.
- Careless Driving: Careless driving allegations are among the most serious which can be laid against snowmobile operators. Police may allege careless driving where a person operates a motorized snow vehicle without due care and attention or without reasonable consideration for other people.
POTENTIAL PENALTIES
Penalties for snowmobile offences vary depending on the nature and seriousness of the allegation. Potential consequences may include:
- Monetary fines
- Demerit points
- Driver’s licence suspensions
- Vehicle impoundment
- Criminal record
- Increased insurance premiums
- Probation orders
- Imprisonment in serious or repeat-offender cases
WHAT THE CROWN HAS TO PROVE
To obtain a conviction, the prosecution must prove the offence beyond a reasonable doubt. If the Crown cannot prove every essential element of the offence, the charge may be dismissed. Depending on the charge, the Crown may need to establish:
- Identity of the driver
- Operation or care and control of the snowmobile
- Speed or manner of driving
- Location of the alleged offence
- Lack of insurance or registration
- Impairment or blood alcohol concentration
- Failure to comply with police direction
POTENTIAL DEFENCES
While every case depends on its specific facts and evidence, some potential defences may include:
- Identity Issues
- Improper Police Stop
- Charter Violations
- Inaccurate Speed Evidence
- Technical or Procedural Errors
FREQUENTLY ASKED QUESTIONS
Can you get a DUI on a snowmobile in Ontario?
Yes. Snowmobiles are treated as motor vehicles under the Criminal Code as it related to impaired driving laws.
Do snowmobile tickets affect your driving record?
Yes. Many offences can appear on your driving record and affect insurance rates.
Can I drive a snowmobile on the highway?
Snowmobiles are generally prohibited on 400-series highways, high-speed expressways, public roadway pavement, ploughed road shoulders, and municipal roads where prohibited by by-law.
Do you need a trail permit to ride a snowmobile?
Yes. Riders using OFSC prescribed trails generally require a valid trail permit.
Is snowmobile insurance mandatory in Ontario?
Yes. Most snowmobiles operated in Ontario require valid insurance coverage.
CHARGED WITH A SNOWMOBILE OFFENCE IN ONTARIO?
If you were charged under the Ontario Motorized Snow Vehicles Act, obtaining legal advice as early as possible can help you understand your rights, assess possible defences, and protect your driving record. Careful review of disclosure, police notes, speed evidence, and the circumstances surrounding the stop may identify important issues that assist in defending the charge.
It is important to understand that the available defences are unique dependent on your specific case. Glass Gavel Law has the experience to review your case and work with you to put forward the best possible defence for your case. Contact Us or call 1-833-344-2835 for a free 30 minute consultation today.
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