BILL 17
An Act to Amend the
Off-Road Vehicle Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick,
1985, is amended by adding the following definition in alphabetical
order:
“closed course” means a closed
course as defined in the regulations; (circuit fermé)
2 Section 17 of the Act is amended in the portion preceding paragraph
(a) by striking out “a person fourteen years of age or older
may” and substituting “a person fourteen years of age or
older and under the age of sixteen years may”.
3 Section
19.1 of the Act is repealed and the following is substituted:
Prohibition respecting
persons under 16 years of age
19.1(1) Except as provided in this section and sections 19.2, 19.3 and
19.31, no person under the age of sixteen years shall drive an off-road
vehicle and no owner or person in possession or control of an off-road
vehicle shall permit a person under the age of sixteen years to drive
the off-road vehicle.
19.1(2) An off-road vehicle, other than a motorized snow vehicle or an
all-terrain vehicle, may be driven by a person who is fourteen years
of age or older and under the age of sixteen years if
(a) the person is supervised and accompanied
by and is at all times within the clear view of a person who is nineteen
years of age or older, and
(b) the person is driving an off-road
vehicle that is prescribed by the regulations as appropriate for a
person of that age.
19.1(3) Where a person appears to be under sixteen years of age, the
owner or person in possession or control of an off-road vehicle, other
than a motorized snow vehicle or an all-terrain vehicle, shall demand
satisfactory proof of age.
4 Section
19.2 of the Act is repealed and the following is substituted:
Operation of motorized
snow vehicle by young person
19.2(1) A motorized snow vehicle may be driven by a person who is fourteen
years of age or older and under the age of sixteen years if
(a) the person has successfully completed
a motorized snow vehicle safety training course approved by the Registrar,
(b) the person is driving a motorized
snow vehicle that is prescribed by the regulations as appropriate
for a person of that age, and
(c) the person is supervised and accompanied
by and is at all times within the clear view of a person who
(i) is nineteen years of age or
older, and
(ii) has successfully completed a motorized
snow vehicle safety training course approved by the Registrar.
19.2(2) No owner or person in possession or control of a motorized snow
vehicle shall permit a person who is fourteen years of age or older
and under the age of sixteen years to drive the vehicle unless that
person produces a document certifying that he or she has completed
the safety training course referred to in paragraph (1)(a).
19.2(3) Where a person appears to be under the age of sixteen years and
is unable to produce the document referred to in subsection (2), the
owner or person in possession or control of a motorized snow vehicle
shall demand satisfactory proof of age.
19.2(4) No person who supervises or accompanies a person under this section
shall do so unless he or she
(a) is nineteen years of age or older,
(b) has successfully completed a motorized
snow vehicle safety training course approved by the Registrar, and
(c) is carrying a document certifying
that he or she has successfully completed the safety training course
referred to in paragraph (b).
5 Section
19.3 of the Act is repealed and the following is substituted:
Operation of all-terrain
vehicle by young person
19.3(1) An all-terrain vehicle may be driven by a person who is fourteen
years of age or older and under the age of sixteen years if
(a) the person has successfully completed
an all-terrain vehicle safety training course approved by the Registrar,
(b) the person is driving an all-terrain
vehicle that is prescribed by the regulations as appropriate for a
person of that age, and
(c) the person is supervised and accompanied
by and is at all times within the clear view of a person who
(i) is nineteen years of age or
older, and
(ii) has successfully completed an all-terrain
vehicle safety training course approved by the Registrar.
19.3(2) No owner or person in possession or control of an all-terrain
vehicle shall permit a person who is fourteen years of age or older
and under the age of sixteen years to drive the vehicle unless that
person produces a document certifying that he or she has completed
the safety training course referred to in paragraph (1)(a) .
19.3(3) Where a person appears to be under the age of sixteen years and
is unable to produce the document referred to in subsection (2), the
owner or person in possession or control of an all-terrain vehicle
shall demand satisfactory proof of age.
19.3(4) No person who supervises or accompanies a person under this section
shall do so unless he or she
(a) is nineteen years of age or older,
(b) has successfully completed an all-terrain
vehicle safety training course approved by the Registrar, and
(c) is carrying a document certifying
that he or she has successfully completed the safety training course
referred to in paragraph (b).
6 The
Act is amended by adding after section 19.3 the following:
Operation of off-road
vehicle on a closed course by young person
19.31 Subject to the conditions prescribed by
regulation, an off-road vehicle may be driven on a closed course by
a person who is under the age of sixteen years if the closed course
is operated by an organization accredited by the Registrar.
7 Subsection
19.4(1) of the Act is amended by striking out “subsection 19.2(3)
or 19.3(3)” and substituting “subsection 19.1(3), 19.2(3) or 19.3(3)”.
8 Subsection
24(1) of the Act is amended
(a) in paragraph
(c.1) by striking out “subsection 19.2(1) or 19.3(1)”
and substituting “paragraph 19.2(1)(a) or 19.3(1)(a)”;
(b) by adding
after paragraph (c.2) the following:
(c.3) to a person who is supervising or
accompanying, or purporting to supervise or accompany, another person
pursuant to section 19.2 or 19.3, to produce the document certifying
that he or she has successfully completed the approved safety training
course referred to in subsection 19.2(4) or 19.3(4),
9 Section
38 of the Act is amended by adding after paragraph (f) the following:
(f.1) prescribing the specifications or
characteristics of an off-road vehicle, or any class of off-road vehicles,
that may be driven by a person who is fourteen years of age and older
and under the age of sixteen years, having regard to the person’s
height, weight or any other characteristic;
(f.2) defining “closed course”;
(f.3) prescribing the conditions to be
met whereby a person under the age of sixteen years may drive an off-road
vehicle, or a class of off-road vehicle, on a closed course;
(f.4) establishing classes of closed courses,
and establishing or adopting standards for the designing and maintaining
of closed courses;
(f.5) providing for the accreditation
and requirements for accreditation of organizations that wish to design
and operate closed courses, and the revocation of such accreditation;
(f.6) respecting applications for accreditation
and the information to be provided upon application;
(f.7) respecting terms and conditions
to which an accreditation may be made subject, and the eligibility
requirements to be met before accreditation may be granted;
(f.8) respecting the inspection of closed
courses;
10 Schedule A of the Act is amended by striking
out
19.1............... |
E |
19.2(1)............... |
E |
19.2(2)............... |
E |
19.3(1)............... |
E |
19.3(2)............... |
E |
and
substituting the following:
19.1............... |
E |
19.2(2)............... |
E |
19.2(4)............... |
E |
19.3(2)............... |
E |
19.3(4)............... |
E |
11 This Act or any provision of this Act comes
into force on a day or days to be fixed by proclamation.
EXPLANATORY NOTES
Section 1
New definition.
Section 2
Consequential amendment.
Section 3
The existing provision is as follows:
19.1(1) No person under fourteen years of age shall drive an off-road
vehicle unless supervised and accompanied by and at all times within
the clear view of a person nineteen years of age or older.
19.1(2) Except as provided under subsection (1), no owner or person
in possession or control of an all-terrain vehicle shall permit a
person under fourteen years of age to drive the vehicle.
Section 4
The existing provision is as follows:
19.2(1) No person under sixteen years of age shall drive a motorized
snow vehicle unless the person has successfully completed a motorized
snow vehicle safety training course approved by the Registrar.
19.2(2) No owner or person in possession or control of a motorized snow
vehicle shall permit a person under sixteen years of age to drive
the vehicle unless the person under sixteen years of age produces
a document certifying that he or she has completed the safety training
course referred to in subsection (1).
19.2(3) Where a person appears to be under sixteen years of age and is
unable to produce the document referred to in subsection (2),
the owner or person in possession or control of a motorized snow vehicle
shall demand satisfactory proof of age.
Section 5
The existing provision is as follows:
19.3(1) No person under sixteen years of age shall drive an all-terrain
vehicle unless the person has successfully completed an all-terrain
vehicle safety training course approved by the Registrar.
19.3(2) No owner or person in possession or control of an all-terrain
vehicle shall permit a person under sixteen years of age to drive
the vehicle unless the person under sixteen years of age produces
a document certifying that he or she has completed the safety training
course referred to in subsection (1).
19.3(3) Where a person appears to be under sixteen years of age and is
unable to produce the document referred to in subsection (2),
the owner or person in possession or control of an all-terrain vehicle
shall demand satisfactory proof of age.
Section 6
New provision.
Section 7
Consequential amendment.
Section 8
(a) Consequential amendment.
(b) New provision.
Section 9
New provisions are added to the regulation-making
authority.
Section 10
Consequential amendment.
Section 11
Commencement provision.