V-1.3 - Act respecting off-highway vehicles

Section 73 Disposition versions

2020-12-30

73. No off-highway vehicle may be operated on a public highway.

However, an off-highway vehicle may

(1)  be operated on the roadway for a maximum distance of one kilometre provided it is operated by a worker for whom the vehicle is necessary for work the worker is performing;

(2)  cross a road at the place where a crossing for off-highway vehicles is indicated by a road sign or signal;

(3)  be operated off the roadway and ditch area, with or against the flow of vehicular traffic, on the conditions fixed by government regulation;

(4)  be operated on the roadway, where authorized by a road sign or signal, for a maximum distance of one kilometre to reach a trail of an off-highway vehicle club, a service station or another area open to the public as a rest area, if the layout of the right of way does not allow operation off the roadway and ditch area and the most direct access to those locations is obstructed;

(5)  be operated on a road with the authorization of the maintenance authority and on the conditions it determines if the road is closed to vehicular traffic owing to exceptional events or atmospheric conditions;

(6)  be, where authorized by a municipal by-law enacted under subparagraph 14 of the first paragraph of section 626 of the Highway Safety Code (chapter C-24.2) and subject to the power of disallowance provided for in that section, operated on the roadway of a public highway maintained by the municipality for a distance longer than that provided for in subparagraphs 1 and 4 of this paragraph if the municipality considers it necessary for any of the purposes authorized by subparagraphs 1 and 4, after having considered the safety issues; the operation that may be authorized by such a by-law is limited to that allowing the most direct access to a club’s trail or to any of the areas referred to in subparagraphs 1 and 4; and

(7)  be operated on all or part of a road that the Minister is responsible for maintaining and determined by a regulation of the Minister, on the conditions and for the types of vehicles determined in the regulation.

For the purposes of this section, the roadway includes the shoulder.

The operation of an off-highway vehicle referred to in subparagraphs 1, 4 and 6 of the second paragraph is not authorized on an autoroute or limited access highway within the meaning of the Highway Safety Code.

The operation of an off-highway vehicle referred to in subparagraph 2 of the second paragraph is not authorized on an autoroute or limited access highway within the meaning of the Highway Safety Code, except at an intersection designed as a crossing for off-highway vehicles where appropriate signs and signals are installed.

The Minister may, by regulation, determine the procedure to calculate a distance for the purposes of this section, in particular to take into account a road’s configuration or its intersection with other roads.

A regulation made under subparagraph 7 of the second paragraph is not subject to the publication requirement or the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1). It may come into force on the date of its publication in the Gazette officielle du Québec.

The prohibition set out in the first paragraph does not apply to a vehicle registered otherwise than as a off-highway vehicle under the Highway Safety Code.

2020, c. 26, s. 73.

Not in force

In force: 2020-12-30

73. No off-highway vehicle may be operated on a public highway.

However, an off-highway vehicle may

(1)  be operated on the roadway for a maximum distance of one kilometre provided it is operated by a worker for whom the vehicle is necessary for work the worker is performing;

(2)  cross a road at the place where a crossing for off-highway vehicles is indicated by a road sign or signal;

(3)  be operated off the roadway and ditch area, with or against the flow of vehicular traffic, on the conditions fixed by government regulation;

(4)  be operated on the roadway, where authorized by a road sign or signal, for a maximum distance of one kilometre to reach a trail of an off-highway vehicle club, a service station or another area open to the public as a rest area, if the layout of the right of way does not allow operation off the roadway and ditch area and the most direct access to those locations is obstructed;

(5)  be operated on a road with the authorization of the maintenance authority and on the conditions it determines if the road is closed to vehicular traffic owing to exceptional events or atmospheric conditions;

(6)  be, where authorized by a municipal by-law enacted under subparagraph 14 of the first paragraph of section 626 of the Highway Safety Code (chapter C-24.2) and subject to the power of disallowance provided for in that section, operated on the roadway of a public highway maintained by the municipality for a distance longer than that provided for in subparagraphs 1 and 4 of this paragraph if the municipality considers it necessary for any of the purposes authorized by subparagraphs 1 and 4, after having considered the safety issues; the operation that may be authorized by such a by-law is limited to that allowing the most direct access to a club’s trail or to any of the areas referred to in subparagraphs 1 and 4; and

(7)  be operated on all or part of a road that the Minister is responsible for maintaining and determined by a regulation of the Minister, on the conditions and for the types of vehicles determined in the regulation.

For the purposes of this section, the roadway includes the shoulder.

The operation of an off-highway vehicle referred to in subparagraphs 1, 4 and 6 of the second paragraph is not authorized on an autoroute or limited access highway within the meaning of the Highway Safety Code.

The operation of an off-highway vehicle referred to in subparagraph 2 of the second paragraph is not authorized on an autoroute or limited access highway within the meaning of the Highway Safety Code, except at an intersection designed as a crossing for off-highway vehicles where appropriate signs and signals are installed.

The Minister may, by regulation, determine the procedure to calculate a distance for the purposes of this section, in particular to take into account a road’s configuration or its intersection with other roads.

A regulation made under subparagraph 7 of the second paragraph is not subject to the publication requirement or the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1). It may come into force on the date of its publication in the Gazette officielle du Québec.

The prohibition set out in the first paragraph does not apply to a vehicle registered otherwise than as a off-highway vehicle under the Highway Safety Code.

2020, c. 26, s. 73.