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Fighting Snowmobile Charges: Alleged Violations of the Motorized Snow Vehicles Act
Question: Is defending against snowmobile charges different from defending automobile charges?
Answer: Yes, defending snowmobile charges involves unique aspects of the law that differ from automobile laws. The Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44, applies specifically to snowmobiles, while the Highway Traffic Act, R.S.O. 1990, c. H.8 governs automobiles. Having a thorough understanding of these nuances is crucial when formulating a defence strategy. Freed Legal Services LLP can assist in navigating these complexities, ensuring that your case is handled effectively.
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.
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
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.
