Off-Road Vehicles Regulation

Off-Road Vehicles Regulation, M.R. 44/2006 The Off-Road Vehicles Act , C.C.S.M. c. O31 Regulation 44/2006 Registered February 24, 2006 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Equipment standards 3 Safety helmet standards 3.1 Helmets complying with formerly prescribed standards 4 Exemptions respecting operation 4.1 Exemptions respecting validation stickers 5 Repeal 6 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Off-Road Vehicles Act . («  Loi  ») "remote community" means a community that is not connected to the provincial highway system by a year-round all-weather road. (« localité éloignée ») Equipment standards 2 The equipment and components of an off-road vehicle must meet all safety standards prescribed by the Motor Vehicle Safety Act (Canada) and regulations under that Act. Safety helmet standards 3(1) For the purpose of section 28 of the Act, a safety helmet worn by a person riding on or operating an off-road vehicle must conform to all the requirements of one or more of the following standards or regulations: (a) Snell Memorial Foundation Standard, 2010 Standard for Protective Headgear For Use with Motorcycles and Other Motorized Vehicles ; (b) Snell Memorial Foundation Standard M2015, 2015 Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles ; (c) United States of America, Federal Motor Vehicle Safety Standards , Standard No. 218; Motorcycle Helmets (49 CFR Ch. V, section 571.218); (d) United Nations Economic Commission for Europe Regulation No. 22, Uniform Provisions Concerning the Approval of Protective Helmets and of their Visors for Drivers and Passengers of Motorcycles and Mopeds . 3(2) For the purpose of subsection (1), a standard or regulation listed in any of clauses (1)⁠(a) to (d) is adopted as amended from time to time, and a helmet worn to comply with section 28 of the Act may comply with the standard or regulation as originally published or as amended. M.R. 11/2017 Helmets complying with formerly prescribed standards 3.1(1) In this section, "formerly prescribed standard" means a standard prescribed by this regulation as it read immediately before the coming into force of this section. 3.1(2) Despite section 3, a person riding on or operating an off-road vehicle may wear a protective helmet that complies with a formerly prescribed standard if, when this section came into force, the person owned the helmet or it was owned by one of the following: (a) a parent or guardian of the person if the person is a child; (b) the off-road vehicle's operator if the operator is someone other than the person; (c) the off-road vehicle's owner if the owner is someone other than the person. M.R. 11/2017 Exemptions respecting operation 4(1) The owner or operator of an off-road vehicle is exempt from the age restriction and driver's licence and helmet requirements under section 26 and subsection 28(1) of the Act with respect to the operation of the off-road vehicle in a remote community. 4(2) The operator of an off-road vehicle is exempt from the lamp, helmet and seat belt requirements under subsections 23(2), 28(1) and 29(1) of the Act when he or she is engaged in enforcing The Wildlife Act and regulations, or the Fisheries Act (Canada) and regulations, elsewhere than on a highway. 4(3) An employee of Manitoba Hydro is exempt from helmet requirements under subsection 28(1) of the Act when he or she operates an off-road vehicle north of the 53rd parallel between May 1 and October 31 for the purpose of carrying out inspections, service, construction or repairs in the course of his or her employment. 4(4) Subject to subsection 4(6), an employee of the government in the department of the minister responsible for The Provincial Parks Act is exempt (a) from the application of subsection 32(2) of The Off-Road Vehicles Act when the employee operates an off-road vehicle in a parking lot within a provincial park in the course of the employee's duties in respect of the provincial park; (b) from the application of subsection 33(1) of The Off-Road Vehicles Act when the employee operates an off-road vehicle in the course of the employee's duties in respect of a provincial park on or across the roadway or shoulder of a highway located in the provincial park other than a provincial road or provincial trunk highway, as defined in The Transportation Infrastructure Act ; and (c) from the application of subsection 33(1) of The Off-Road Vehicles Act when (i) the employee operates an off-road vehicle in the course of the employee's duties in respect of a provincial park on or across the shoulder of a provincial road or provincial trunk highway located in the provincial park; and (ii) it is impractical for the employee to carry out the duties without operating the off-road vehicle as described in subclause (i). 4(5) For the purpose of clause 68(f) of the Act, (a) an off-road vehicle that is operated by a person described in subsection (4) in the circumstances described in any of clauses (4)⁠(a) to (c) is a designated off-road vehicle; and (b) a parking lot, roadway or shoulder described in any of those clauses is a specified area. 4(6) None of clauses (4)⁠(a) to (c) exempt a person operating an off-road vehicle under an exemption set out in the clause from the application of a provision of the Act or this regulation that is not referred to in the clause. 4(7) An employee of the government in the department of the minister responsible for The Provincial Parks Act is exempt from the application of subsection 28(1) (helmets) of the Act while operating an off-road vehicle under an exemption set out in any of clauses (4)⁠(a) to (c). 4(8) An off-road vehicle is exempt from the application of clause 33(1)⁠(d) of The Off-Road Vehicles Act when, under section 6.3 of the Highway Traffic (General) Regulation , Manitoba Regulation 119/2014, it is exempt from the application of subsection 193(1) of The Highway Traffic Act . M.R. 67/2015 ; 141/2015 ; 40/2019 Exemptions respecting validation stickers 4.1 Owners and drivers of off-road vehicles after this section comes into force are exempt from the application of the following provisions of the Act as they relate to validation stickers: (a) subclause 3(a)⁠(iii); (b) clauses 21(c) to (f). M.R. 19/2016 Repeal 5 The following regulations are repealed: (a) Off-Road Vehicles Regulation , M.R. 351/88; (b) Off-Road Vehicles Exemption Regulation , M.R. 120/92. Coming into force 6 This regulation comes into force on the same day that The Drivers and Vehicles Act , S.M. 2005, c. 37, Schedule A, comes into force.