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 Fighting a Snowmobile Ticket the Same as Fighting an Automobile Ticket?

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