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Fighting Snowmobile Charges: Alleged Violations of the Motorized Snow Vehicles Act


Question: Is defending against snowmobile charges the same as defending automobile charges in Ontario?

Answer: No, snowmobile charges can involve different rules and defences than automobile charges, including duties like accident reporting, helmet requirements, speed limits, towing conditions, and insurance exceptions, so your strategy should reflect the facts and the specific legislation that applies.  Global Traffic Ticket and Criminal Legal Services provides Ontario paralegal services to review the charge, explain your options, and represent you where permitted.


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.


Fighting Snowmobile Charges: Alleged Violations of the Motorized Snow Vehicles Act The laws that are applicable to driving an automobile may also apply to driving a snowmobile; however, many laws also differ with unique nuances that make for some differences in the legal strategies that are available when defending snowmobile charges versus defending automobile 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
Are Snowmobile Laws and Automobile Laws the Same?

Generally, the law applicable to snowmobiles is the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44 rather than the Highway Traffic Act, R.S.O. 1990, c. H.8 as applies to most automobiles.  Whereas the various offences, the various applicable special conditions or exceptions, and the various nuanced differences, between the laws may affect defence strategies and options for legal theories to argue, it is important and necessary to have a strong understanding of the two sets of laws and the differences within each.

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.

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