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

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

Answer: Yes, Ontario snowmobile charges can involve different rules than automobile charges, including equipment, insurance, reporting, and speed requirements under Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44 versus Highway Traffic Act, R.S.O. 1990, c. H.8, so the best defence approach can change depending on what you were operating.  DefendCharges.ca provides Ontario paralegal services to review your charge, identify which Act applies, and help build a strategy tailored to the snowmobile-specific nuances.

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.  Understanding the unique differences between a charge involving the operation of a snowmobile versus a charge involving the operation of an automobile is critical.  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

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.

Differences Between Snowmobile Law and Automobile Law Include:

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