38. For the purpose of ensuring compliance with this Act and the regulations, a peace officer may, in the performance of his duties,
(1) enter, at any reasonable time, upon the premises of an off-highway vehicle club laying out or operating a trail to examine and make copies of books, registers, accounts, records and other documents containing information relating to the obligations imposed upon the club by this Act;
(2) travel to any place in which an off-highway vehicle is being operated;
(3) order a vehicle to which this Act applies to stop, and inspect the mandatory equipment of the vehicle and, where applicable, of the sleigh or trailer;
(4) require the operator of an off-highway vehicle to produce proof of age and, where applicable, the certificate of competence or the authorization to drive;
(5) require the operator of an off-highway vehicle who is using a public highway to produce his driver’s licence;
(6) require the vehicle registration certificate issued under the Highway Safety Code (chapter C-24.2) and the civil liability insurance certificate to be produced;
(7) require, where applicable, the production of the document issued by an association of off-highway vehicle clubs certifying that the owner of an off-highway vehicle stopped on a trail is the holder of a valid right of access.
A trail security officer may, on the same conditions, exercise the powers provided for in subparagraphs 3, 4, 6 and 7 of the first paragraph. A trail security officer recruited by an association of off-highway vehicle clubs may in addition exercise the power provided for in subparagraph 5 of the first paragraph.
Every person who has the custody or possession of or control over such documents shall, on demand, surrender the documents for examination to the person conducting the inspection.
Upon completion of the examination, the peace officer or trail security officer shall return the documents except in the case of a driver’s licence that the peace officer is authorized to seize under the Highway Safety Code.
1996, c. 60, s. 38; 2006, c. 12, s. 14.