Regulating Off-Highway Vehicles

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On October 8, 2024, the Lieutenant Governor in Council approved amendments to the Off-Highway Vehicle Act Regulations (EC2024-916), aimed at updating and clarifying the regulations governing off-highway vehicles in Prince Edward Island (P.E.I.). These revisions introduce changes to definitions, registration processes, and operational guidelines for off-highway vehicles, improving clarity and modernizing language.

The amendments revoke and replace existing definitions in subsection 1(1) with new terms. Key definitions now include “licence plate,” referring to plates issued under the Act; “restricted certificate of registration,” which creates a new category authorizing limited use of off-highway vehicles; and “trail vehicle,” defined as either an all-terrain vehicle or dirt bike. Under the new regulations, the Registrar may issue a restricted certificate of registration, permitting the owner or operator to use the vehicle only on property they own, lease, or reside on. These certificates must include specific details, such as the issuance date, owner information, vehicle registration number, and a description of the vehicle. Furthermore, owners are obligated to notify the Registrar of any changes to their name or address within 30 days.

The amendments also outline the expiry dates for various types of vehicles, stipulating that snowmobiles must have their registrations renewed by November 30 each year, while registrations for trail vehicles expire on the owner’s next birthday following issuance. The renewal process has been formalized to require a renewal application along with a specified fee, although the Registrar has the discretion to waive renewal fees in certain circumstances.

In terms of fees, the amendments specify that the initial certificate of registration will cost $50, while a licence plate will cost $5. Additional fees apply for registration transfers, renewals, and duplicate certificates, with government-owned vehicles exempt from these fees. Throughout the regulations, outdated language has been revised to ensure gender-neutral terms are used, reflecting a broader commitment to inclusivity and modernization within legal texts.

The powers of the Registrar have also been expanded, allowing for the suspension, cancellation, or revocation of certificates of registration and licence plates under specified conditions, such as if a vehicle is found to be mechanically unfit or if the owner fails to pay required fees. Furthermore, penalties for contravening the regulations have been adjusted, with increased fines for summary convictions now ranging from $250 to $2,000, signifying a tougher stance on violations.

By establishing clear definitions, renewal processes, and fee structures, the regulations provide a comprehensive framework that benefits both operators and the community at large. The emphasis on gender-neutral language and the inclusion of transitional provisions further demonstrate a commitment to modernizing legislative language and practices.

Prince Edward Island (EC2024-916) October 19, 2024