Defending Charges Involving Snowmobile Offences Involves Strong Understanding of Nuances Within the Motorized Snow Vehicles Act | Theresa Forrest, Paralegal
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Defending Charges Involving Snowmobile Offences Involves Strong Understanding of Nuances Within the Motorized Snow Vehicles Act


Does the Law Treat Snowmobiles the Same As 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.

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A Helpful Guide on How to Understand and Defend Against Various Charges Involving the Motorized Snow Vehicles Act

Snowmobile on fresh snow with snow covered trees in background 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.

The Law
Is Snowmobile Law and Automobile Law the Same?

Although many aspects are identical, there are also many aspects that differ within the law applicable to snowmobiles and automobiles whereas the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44 applies specifically to issues involving snowmobiles and the Highway Traffic Act, R.S.O. 1990, c. H.8 applies specifically to automobiles.  Within the snowmobile law, there are various offences with applicable special conditions or exceptions that raise nuanced differences from that affecting automobiles; and thus, the choice of defence strategies and options for legal theories to argue may differ. Accordingly, having a keen knowledge of the differences between the two laws and the unique aspects of each is important when defending against snowmobile charges.

Various Unique Differences Between Snowmobile Law and Automobile Law Include:

  • The requirement to report an accident;
  • 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; and
  • The requirement of insurance coverage and the special exception that applies;
  • The various other nuances applicable to snowmobiles.

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