Chamber
pei
Stage
Introduced
This PEI bill updates rules for operating off-highway vehicles on public roads, giving municipalities new bylaw-making powers with provincial approval.
Key Changes
- Sets specific rules for how OHV operators must cross a public highway (stop, disembark passengers, yield, cross at right angles)
- Creates a formal process for municipalities to apply to the provincial Minister for approval to make ATV-related bylaws
- Allows municipalities (with ministerial approval) to designate roads for ATV use, set speed limits, and enforce bylaws
- Adds an 'assumption of risk' clause, meaning OHV operators and passengers are deemed to have accepted all risks of highway use
- Protects the provincial government and municipalities from liability for OHV-related injuries or deaths on highways
- Adds authority for regulations permitting snowmobiles on closed seasonal or scenic heritage highways
Gotchas
- The assumption of risk clause means OHV riders on highways cannot easily sue the government or municipalities if they are injured, even if signage or road conditions are inadequate.
- The broad liability protection for municipalities and the provincial government could limit legal recourse for injured parties, including passengers on OHVs.
- Municipal bylaws require both ministerial approval to be created and ministerial approval to come into force, giving the province significant control over local decisions.
- The bill does not specify what criteria the Minister must use when deciding whether to approve or reject a municipal application, leaving significant discretion to the Minister.
- The Act comes into force only by proclamation, meaning the government controls the timing of when these rules take effect, and corresponding regulations must be developed first.
Who's Affected
- Off-highway vehicle and ATV operators in Prince Edward Island
- Municipal governments seeking to regulate ATV use on local roads
- Provincial Minister of Transportation and Infrastructure
- Snowmobile operators who may gain access to closed seasonal highways
- Pedestrians and other road users sharing highways with OHVs
Vibes
0 responses
Gotchas
- The assumption of risk clause means OHV riders on highways cannot easily sue the government or municipalities if they are injured, even if signage or road conditions are inadequate.
- The broad liability protection for municipalities and the provincial government could limit legal recourse for injured parties, including passengers on OHVs.
- Municipal bylaws require both ministerial approval to be created and ministerial approval to come into force, giving the province significant control over local decisions.
- The bill does not specify what criteria the Minister must use when deciding whether to approve or reject a municipal application, leaving significant discretion to the Minister.
- The Act comes into force only by proclamation, meaning the government controls the timing of when these rules take effect, and corresponding regulations must be developed first.
Summary
This bill amends Prince Edward Island's Off-Highway Vehicle Act to clarify when and how off-highway vehicles (OHVs), including ATVs, can be used on public highways. It sets out specific rules for crossing highways safely — such as stopping before crossing, having passengers get off first, yielding to traffic, and crossing at right angles. It also creates a new process allowing municipal councils to apply to the provincial Minister of Transportation for permission to make bylaws that allow or restrict ATV use on roads within their boundaries. The bill gives municipalities the ability to designate specific roads for ATV use, set speed limits for ATVs on those roads, and enforce their own bylaws — but only after receiving ministerial approval. The Minister can attach conditions to any approval and must sign off before a bylaw takes effect. Any bylaw that conflicts with provincial law is automatically void. The bill also adds a provision allowing snowmobiles to operate on closed seasonal or scenic heritage highways under regulations, and it includes a liability protection clause stating that neither the provincial government nor any municipality can be held responsible for injuries or deaths related to OHV use on highways.
Automatically generated from bill text using Claude
Vibes
0 responses