Acts and Regulations

2009-51 - Young Driver

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Full text
Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2009-51
under the
Off-Road Vehicle Act
(O.C. 2009-172)
Filed May 1, 2009
Under section 38 of the Off-Road Vehicle Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Young Driver Regulation - Off-Road Vehicle Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Off-Road Vehicle Act.(Loi)
“COHV 1- 2009 Standard” means the Standard for Four Wheel All-Terrain Vehicles,adopted by the Canadian Off-Highway Vehicle Distributors Council November 12, 2008, which incorporates by reference the ANSI/SVIA 1- 2007 Standard, entitled the American National Standard for Four Wheel All-Terrain Vehicles, developed by the Specialty Vehicle Institute of America and approved by the American National Standards Institute, Inc. (norme CVHR 1-2009)
RECREATIONAL-USE CLOSED COURSES
Application for accreditation
3An organization seeking to become accredited to operate a recreational-use closed course as required under section 19.31 of the Act shall apply for accreditation in the form provided by the Registrar.
Requirements for accreditation
4In order to be accredited, an organization shall demonstrate that
(a) it is incorporated,
(b) the recreational-use closed course it seeks to operate meets the requirements in section 5, and
(c) it has purchased a policy of general liability insurance in the amount of $5,000,000 that indemnifies the organization and the Crown in right of the Province against all legal liability incurred in the operation of the recreational-use closed course.
2023, c.17, s.181
Standards
5(1)A recreational-use closed course may not cross a highway.
5(2)The travelled portion of a recreational-use closed course shall not contain the following:
(a) standing or running water over 15 cm deep;
(b) an incline of over 25%; or
(c) debris that obstructs traffic.
5(3)Signs shall be posted at the recreational-use closed course indicating
(a) the hours of operation of the closed course,
(b) the entry and exit points along the closed course,
(c) the beginning and the end of the closed course,
(d) the points at which the closed course intersects with another trail and the direction from which other vehicles enter the course, and
(e) the maximum speed limit permitted on the closed course.
List of accredited organizations
6The Registrar shall maintain a list of organizations accredited to operate recreational-use closed courses.
Requirements for maintaining accreditation
7In order to maintain its accreditation for operating a recreational-use closed course, an accredited organization shall
(a) continue to be incorporated,
(b) maintain a valid policy of general liability insurance in the amount of $5,000,000 that indemnifies the organization and the Crown in right of the Province against all legal liability incurred in the operation of the recreational-use closed course,
(c) ensure that the course meets the requirements in section 5,
(d) ensure that the maximum speed limit on the course does not exceed 32 km/h, and
(e) ensure that a person operating an off-road vehicle on the course meets the requirements in sections 15, 17, 18, 19 and 21, and prohibit the person from using the course if he or she does not meet these requirements.
2023, c.17, s.181
Inspection
8The Registrar may inspect a recreational-use closed course at any reasonable time for the purpose of ensuring compliance with this Regulation.
Revocation of accreditation
9(1)The Registrar may revoke an organization’s accreditation if the organization violates or fails to comply with a provision of the Act or the regulations.
9(2)If the Registrar revokes an organization’s accreditation, he or she shall advise the organization in writing and shall remove the organization’s name from the list of accredited organizations.
COMPETITIVE-USE CLOSED COURSES
Application for accreditation
10An organization seeking to become accredited to operate a competitive-use closed course as required under section 19.31 of the Act shall apply for accreditation in the form provided by the Registrar.
Requirements for accreditation
11In order to be accredited, an organization shall demonstrate that the competitive-use closed course is sanctioned for competitions by the Canadian Motosport Racing Club.
List of accredited organizations
12The Registrar shall maintain a list of organizations accredited to operate competitive-use closed courses.
Requirements for maintaining accreditation
13(1)In order to maintain its accreditation, an accredited organization shall ensure that the competitive-use closed course continues to be sanctioned by the Canadian Motosport Racing Club.
13(2)The Registrar may require the accredited organization to provide proof that the competitive-use closed course is sanctioned by the Canadian Motosport Racing Club.
Revocation of accreditation
14(1)The Registrar may revoke an organization’s accreditation if the competitive-use closed course ceases to be sanctioned by the Canadian Motosport Racing Club.
14(2)If the Registrar revokes an organization’s accreditation, he or she shall advise the organization in writing and shall remove the organization’s name from the list of accredited organizations.
RULES FOR OPERATING AN OFF-ROAD VEHICLE
Operating on recreational-use closed courses
15(1)A person who operates an off-road vehicle on a recreational-use closed course shall be 6 years of age or older.
15(2)In order to operate an off-road vehicle on a recreational-use closed course, a person 6 years of age or older and under the age of 14 years shall meet the following requirements:
(a) the person operates the off-road vehicle only during the hours of operation established by the accredited organization that operates the course;
(b) if the person operates an all-terrain vehicle or a snowmobile, the person has successfully completed a safety training course approved by the Registrar; and
(c) the person is supervised and accompanied by and is at all times within the clear view of a person who
(i) is 19 years of age or older, and
(ii) has successfully completed a safety training course approved by the Registrar, if the person being supervised operates an all-terrain vehicle or a snowmobile.
15(3)For the purposes of subsections (1) and (2), the organization may ask a person who operates an off-road vehicle or the person who accompanies that person, to produce a document providing proof of age or certifying that he or she has successfully completed a safety training course approved by the Registrar.
15(4)A person who operates an off-road vehicle on a recreational-use closed course during the hours of operation for the course shall comply with
(a) the speed limit for the course,
(b) the requirement to operate only within the closed course area,
(c) the requirement to enter and exit the course at designated entry and exit points, and
(d) any other requirement in the Act or this Regulation for operating an off-road vehicle.
15(5)For the purposes of section 16 of the Act, a person may operate an off-road vehicle on a recreational-use closed course within 7.5 m of the travelled portion of a highway.
2020, c.16, s.8
Operating on competitive-use closed courses
16(1)A person under the age of 16 years who operates an all-terrain vehicle or a dirt bike on a competitive-use closed course shall meet the following requirements:
(a) the person operates a vehicle designed for competition by the manufacturer; and
(b) the person operates a vehicle only during a competition or a practice period established by the accredited organization that operates the course.
16(2)For the purposes of section 16 of the Act, a person may operate an all-terrain vehicle or a dirt bike on a competitive-use closed course within 7.5 m of the travelled portion of a highway.
Specifications for all-terrain vehicles - 2009 models or earlier
17In the case of all-terrain vehicles for 2009 model years or earlier, a person 6 years of age or older and under the age of 16 years may only operate a vehicle with an engine size of up to the following:
(a) 70 cm3 for a person 6 years of age or older; or
(b) 90 cm3 for a person 14 years of age or older.
Specifications for all-terrain vehicles - 2010 models or later
18(1)In the case of an all-terrain vehicle for the 2010 model year or later, a person 6 years of age or older and under the age of 16 years may only operate such a vehicle in accordance with the requirements of this section.
18(2)A person referred to in subsection (1) may only operate an all-terrain vehicle of the following categories established by the COHV 1- 2009 Standard:
(a) “Type I: Category Y-6+ ATV” for a person 6 years of age or older;
(b) “Type I: Category Y-10+ ATV” for a person 10 years of age or older;
(c) “Type I: Category Y-12+ ATV” for a person 12 years of age or older; or
(d) “Type I: Category T (Transition Model) ATV” for a person 14 years of age or older.
18(3)A person referred to in subsection (1) may only operate an all-terrain vehicle equipped with speed limiters set at the following maximums:
(a) 16 km/h for a “Type I: Category Y-6+ ATV”;
(b) 24 km/h for a “Type I: Category Y-10+ ATV” or a “Type I: Category Y-12+ ATV”; or
(c) 32 km/h for a “Type I: Category T (Transition Model) ATV”.
Specifications for dirt bikes
19A person 6 years of age or older and under the age of 16 years may only operate a dirt bike of a size that permits the person to touch the balls of both feet on the ground when straddling the seat of the dirt bike and with an engine size of up to the following:
(a) 120 cm3 for a person 6 years of age or older;
(b) 150 cm3 for a person 12 years of age or older; or
(c) 230 cm3 for a person 14 years of age or older.
Exception - competitive-use closed courses
20Sections 17 to 19 do not apply to a person who operates an all-terrain vehicle or a dirt bike on a competitive-use closed course.
Specifications for snowmobiles
2020, c.16, s.8
21A person 6 years of age or older and under the age of 16 years may only operate a snowmobile with an engine size of up to the following:
(a) 120 cm3 for a person 6 years of age or older; or
(b) 340 cm3 for a person 12 years of age or older.
2020, c.16, s.8
COMMENCEMENT
Commencement
22This Regulation comes into force on May 1, 2009.
N.B. This Regulation is consolidated to June 16, 2023.