Fighting Snowmobile Charges:

Question: Do I need to treat my snowmobile the same way as an automobile under Ontario law if I’m facing a charge for how I operated it?

Answer:   In Ontario, Denali Paralegal can help you understand that snowmobiles are governed by different rules than automobiles, even though some driving concepts overlap; in particular, the Motorized Snow Vehicles Act applies to snowmobiles while the Highway Traffic Act applies to automobiles, so your defence may need to address snowmobile-specific duties like accident reporting, the requirement to use a legally approved helmet, speed-limit nuances, and special towing conditions or insurance rules.   When you are dealing with snowmobile charges, a paralegal in Denali Paralegal can review the exact circumstances and help you develop a defence strategy focused on the correct law and the charge details, which can improve your chances of a better outcome.   If you want to discuss your situation in Ontario, call (877) 414-4377 to get started today.

Does the Law Treat Snowmobiles the Same as Automobiles?

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.  For the best likelihood of success when fighting a snowmobile charge, as is true in any legal matter, knowing the unique nuances of the particular legal matter in hand is a necessity.  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 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;
• The requirement of insurance coverage and the special exception that applies;
• The requirement to report an accident; and
• 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: