12. An off-highway vehicle may be operated on a public highway, off the roadway, shoulder, sidewalk and ditch area, provided that
(1) the public highway is the only thoroughfare that allows travel in an urbanization perimeter within the meaning of the Act respecting land use planning and development (chapter A-19.1) or that allows a natural physical obstruction or land intended for purposes inconsistent with off-highway vehicular traffic to be avoided or a fuelling station to be reached;
(2) the public highway links 2 sections of a trail or connects a trail to a fuelling station;
(3) a written agreement between the maintenance authority of the public highway and the trail operator sets out the conditions for the layout and maintenance of the trail and surrounding area and for the operation of off-highway vehicles so as to ensure the safety of all users of the public highway and to prevent or limit damage to the trail, the surrounding area or anything thereon or therein; and
(4) the operator complies with the conditions for the operation of off-highway vehicles agreed on under subparagraph 3.
Subparagraph 1 of the first paragraph does not apply to the part of the right-of-way of a public highway that has not yet been constructed or laid out.