V-1.3 - Act respecting off-highway vehicles

Section 98 Disposition versions

2020-12-30

98. For the purpose of ascertaining compliance with this Act and the regulations, a peace officer and an inspector appointed under the Act respecting the Ministère des Transports (chapter M-28) may, as part of their inspection,

(1)  enter, at any reasonable time and elsewhere than in a dwelling house, the premises of a lessor of off-highway vehicles or an off-highway vehicle club that lays out or operates a trail to examine and make copies of books, registers, accounts, records and other documents containing information relating to the obligations imposed on the lessor or club by this Act;

(2)  travel to any area in which an off-highway vehicle or a maintenance vehicle is being operated or is stopped;

(3)  when recognizable as such at first sight, require the operator of an off-road vehicle or maintenance vehicle to stop the vehicle for an inspection of it, to verify equipment or to ask for a document that the officer or inspector is entitled to require;

(4)  take photographs of the area, vehicles and other things;

(5)  require a vehicle operator to produce proof of age and, where applicable, the vehicle operator’s training certificate;

(6)  require a vehicle operator to produce the driver’s licence required under this Act;

(7)  if applicable, require a person acting or offering to act as a guide to produce a document certifying that they have successfully completed the training required under this Act;

(8)  require the production of the vehicle registration certificate issued under the Highway Safety Code (chapter C-24.2) and the civil liability insurance certificate;

(9)  require, where applicable, the production of documents 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; and

(10)  require a lessor, a club, a person offering guide services or any other person or enterprise whose activities are governed by this Act to provide any information relating to the application of its provisions and to produce any relevant document.

For the purposes of subparagraph 2 of the first paragraph, peace officers and inspectors who have reasonable grounds to believe that activities governed by this Act are being or have been engaged in may, in the exercise of their functions, enter upon and pass over private land, in places other than dwelling houses, to conduct inspections.

A trail security officer may, on the same conditions, exercise the powers provided for in subparagraphs 3 to 9 of the first paragraph with respect to the trail or trails to which the officer is assigned. A trail security officer recruited by an association of off-highway vehicle clubs may, in addition, on the same conditions as a peace officer, exercise the powers provided for in subparagraph 2 of the first paragraph.

A person who has the custody or possession of or control over the documents specified in the first paragraph must, on demand, surrender the documents for examination to the person conducting the inspection.

On completion of the examination, the peace officer, inspector or trail security officer must 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.

2020, c. 26, s. 98.

Not in force

In force: 2020-12-30

98. For the purpose of ascertaining compliance with this Act and the regulations, a peace officer and an inspector appointed under the Act respecting the Ministère des Transports (chapter M-28) may, as part of their inspection,

(1)  enter, at any reasonable time and elsewhere than in a dwelling house, the premises of a lessor of off-highway vehicles or an off-highway vehicle club that lays out or operates a trail to examine and make copies of books, registers, accounts, records and other documents containing information relating to the obligations imposed on the lessor or club by this Act;

(2)  travel to any area in which an off-highway vehicle or a maintenance vehicle is being operated or is stopped;

(3)  when recognizable as such at first sight, require the operator of an off-road vehicle or maintenance vehicle to stop the vehicle for an inspection of it, to verify equipment or to ask for a document that the officer or inspector is entitled to require;

(4)  take photographs of the area, vehicles and other things;

(5)  require a vehicle operator to produce proof of age and, where applicable, the vehicle operator’s training certificate;

(6)  require a vehicle operator to produce the driver’s licence required under this Act;

(7)  if applicable, require a person acting or offering to act as a guide to produce a document certifying that they have successfully completed the training required under this Act;

(8)  require the production of the vehicle registration certificate issued under the Highway Safety Code (chapter C-24.2) and the civil liability insurance certificate;

(9)  require, where applicable, the production of documents 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; and

(10)  require a lessor, a club, a person offering guide services or any other person or enterprise whose activities are governed by this Act to provide any information relating to the application of its provisions and to produce any relevant document.

For the purposes of subparagraph 2 of the first paragraph, peace officers and inspectors who have reasonable grounds to believe that activities governed by this Act are being or have been engaged in may, in the exercise of their functions, enter upon and pass over private land, in places other than dwelling houses, to conduct inspections.

A trail security officer may, on the same conditions, exercise the powers provided for in subparagraphs 3 to 9 of the first paragraph with respect to the trail or trails to which the officer is assigned. A trail security officer recruited by an association of off-highway vehicle clubs may, in addition, on the same conditions as a peace officer, exercise the powers provided for in subparagraph 2 of the first paragraph.

A person who has the custody or possession of or control over the documents specified in the first paragraph must, on demand, surrender the documents for examination to the person conducting the inspection.

On completion of the examination, the peace officer, inspector or trail security officer must 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.

2020, c. 26, s. 98.