Fighting Snowmobile Charges:

Question:Does Ontario law treat snowmobile charges the same as automobile traffic tickets?

Answer:Legacy Legal Services can help legal professionals and drivers understand that Ontario’s snowmobile offences are not handled exactly the same as automobile traffic matters because snowmobiles are governed under the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44 while automobiles are governed under the Highway Traffic Act, R.S.O. 1990, c. H.8.   Many rules overlap, but key differences often affect defence strategy, including approved helmet requirements, snowmobile-specific speed limits, towing exceptions, insurance coverage rules, accident reporting obligations, and other snowmobile-only nuances.   For a quick case review in Ontario, contact (226) 246-3825 to discuss your snowmobile charge with Legacy Legal Services’s traffic-focused legal team.

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Is Defending Against Snowmobile Charges the Same as Defending Automobile Charges?

The law applicable to snowmobiles is somewhat different than the law applicable to automobiles. Accordingly, defending against snowmobile charges requires a strong understanding of the nuanced differences between the two sets of laws.

Many of the laws that apply to driving an automobile also apply to the ownership, use, and operation, of a snowmobile; however, there are often nuances within the applicable laws that make the approach to fighting snowmobile charges different than fighting common automobile charges as traffic tickets.  Understanding the unique differences between a charge involving the operation of a snowmobile versus a charge involving the operation of an automobile is critical.  An experienced legal professional can help to identify the unique differences, and thus the defence strategy nuances, that differ from a charge involving the operation of a snowmobile versus a charge involving the operation of an automobile.

The Law

Is Snowmobile Law and Automobile Law the Same?

Although many aspects are identical, there are also many aspects that differ within the law applicable to snowmobiles and automobiles whereas the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44 applies specifically to issues involving snowmobiles and the Highway Traffic Act, R.S.O. 1990, c. H.8 applies specifically to automobiles.  Within the snowmobile law, there are various offences with applicable special conditions or exceptions that raise nuanced differences from that affecting automobiles; and thus, the choice of defence strategies and options for legal theories to argue may differ. Accordingly, having a keen knowledge of the differences between the two laws and the unique aspects of each is important when defending against snowmobile charges.

Differences Between Snowmobile Law and Automobile Law Include:

• The requirement to report an accident;
• The requirement to snowmobile with a legally approved helmet;
• The various differences involving the applicable speed limits;
• The exception and conditions for towing skiers, toboggans, or other things; and
• The requirement of insurance coverage and the special exception that applies;
• The various other nuances applicable to snowmobiles.

Understanding the specific differences within the laws applicable to automobiles and the laws applicable to snowmobiles is a necessity when fighting snowmobile charges.

Charges May Involve: