Fighting Snowmobile Charges:

Question: Can I fight a snowmobile ticket the same way I would fight an automobile traffic ticket in Ontario?

Answer:   Fighting a snowmobile ticket is not exactly the same as fighting an automobile ticket in Ontario because snowmobile charges are usually governed by 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, and that difference can change the offence wording, conditions (including helmet and accident reporting rules), possible defences, and even how speed or towing exceptions apply.  A paralegal at Freed Legal Services can review your specific snowmobile charge, explain how the snowmobile law and evidence requirements differ from automobile matters, and help you choose a defence strategy tailored to your ticket and circumstances in Ontario; call (800) 716-1897 to get started.

Is the Law Different for Snowmobiles and 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.

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.  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

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.

Charges May Involve: