Fighting Snowmobile Charges: Alleged Violations of the Motorized Snow Vehicles Act

Question: Is the law different for snowmobiles than for automobiles in Ontario?

Answer: In Ontario, snowmobiles are generally governed by Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44, while most automobiles are governed by Highway Traffic Act, R.S.O. 1990, c. H.8, so requirements like helmets, speed rules, towing conditions, insurance exceptions, and collision reporting can differ and change the best defence approach.  Byfield Legal Services provides Ontario paralegal services to help review the charge, identify which statute applies, and prepare a strategy for snowmobile or traffic matters.

Is the Law Different for Snowmobiles and Automobiles?

The law applicable to snowmobiles is somewhat different than the law applicable to automobiles. Accordingly, defending against snowmobile charges requires a strong understanding of the nuanced differences between the two sets of laws.

The laws that are applicable to driving an automobile may also apply to driving a snowmobile; however, many laws also differ with unique nuances that make for some differences in the legal strategies that are available when defending snowmobile charges versus defending automobile traffic tickets.  For the best likelihood of success when fighting a snowmobile charge, as is true in any legal matter, knowing the unique nuances of the particular legal matter in hand is a necessity.  An experienced legal professional can help to identify the unique differences, and thus the defence strategy nuances, that differ from a charge involving the operation of a snowmobile versus a charge involving the operation of an automobile.

The Law

Are Snowmobile Laws and Automobile Laws the Same?

Generally, the law applicable to snowmobiles is the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44 rather than the Highway Traffic Act, R.S.O. 1990, c. H.8 as applies to most automobiles.  Whereas the various offences, the various applicable special conditions or exceptions, and the various nuanced differences, between the laws may affect defence strategies and options for legal theories to argue, it is important and necessary to have a strong understanding of the two sets of laws and the differences within each.

Differences Between Snowmobile Law and Automobile Law Include:

• The requirement to snowmobile with a legally approved helmet;
• The various differences involving the applicable speed limits;
• The exception and conditions for towing skiers, toboggans, or other things;
• The requirement of insurance coverage and the special exception that applies;
• The requirement to report an accident; and
• The various other nuances applicable to snowmobiles.

Understanding the specific differences within the laws applicable to automobiles and the laws applicable to snowmobiles is a necessity when fighting snowmobile charges.

Charges May Involve: