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Off-highway Vehicle Pilot Project Regulations

made under Section 307 of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 2018-252 (effective October 1, 2018), N.S. Reg. 168/2018


Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Interpretation

Citation

Definitions

Application of Act and its regulations

Pilot Project

Pilot project duration

Permitted OHVs

Eligibility for participation in pilot project

Operating OHV in Pilot Areas

Permitted operation on highways

Passengers

Age limit for passengers

Permitted time of day

Maximum speed

No towing

Helmets

Rules of the Road in Pilot Areas

OHV to be driven on shoulder

When OHV driven on roadway

Pilot areas and controlled access highways

No overtaking and passing

Turning, stopping or decreasing speed

Penalties

Category F offences

Category F (double) offences


 

Interpretation


Citation

1        These regulations may be cited as the Off-highway Vehicle Pilot Project Regulations.


Definitions

2        (1)    In these regulations,

 

“Act” means the Motor Vehicle Act;

 

“controlled access highway” means a highway designated as a controlled access highway pursuant to the Public Highways Act;

 

“OHV” means an off-highway vehicle as defined in the Off-highway Vehicles Act;

 

“participant” means a person who is eligible to operate an OHV in a pilot area;

 

“pilot area” means a portion of a public highway designated as an off-highway vehicle trail by the Minister of Lands and Forestry for the purposes of these regulations;

 

“pilot project” means the Department’s project for researching, testing and evaluating the use of off-highway vehicles on highways, as authorized by these regulations.

 

          (2)    In accordance with the Public Service Act, a reference in these regulations to “Minister” means the Minister of Transportation and Infrastructure Renewal, and a reference to “department” means a reference to the Department of Transportation and Infrastructure Renewal.


Application of Act and its regulations

3        Except as otherwise provided in these regulations, the provisions of the Act and its regulations applicable to motor vehicles apply to the operation of an OHV in a pilot area, except those provisions that by their very nature can have no application.


Pilot Project


Pilot project duration

4        The pilot project begins on October 1, 2018, and ends on October 2, 2021.


Permitted OHVs

5        Only an OHV that meets all of the following criteria may be operated in a pilot area as part of the pilot project in accordance with these regulations:

 

                   (a)      it has 4 or more wheels, the tires of which are all in contact with the ground;

 

                   (b)     it has either a steering wheel or handle bars for steering control.


Eligibility for participation in pilot project

6        (1)    To be a participant, a person must have a driver’s license in accordance with Sections 64 and 65 of the Act and regulations made under Section 66 of the Act.

 

          (2)    A licensed learner is not eligible to be a participant and must not participate in the pilot project.

 

          (3)    A person must not operate an OHV in a pilot area unless they carry third-party liability insurance in at least the amount required by the regulations under the Off-highway Vehicles Act.


Operating OHV in Pilot Areas


Permitted operation on highways

7        Except as otherwise permitted under the Off-highway Vehicles Act, a person must not drive an OHV on a highway unless they are a participant operating the OHV in accordance with these regulations.


Passengers

8        A participant must not operate an OHV in a pilot area with a passenger unless both of the following conditions are met:

 

                   (a)      the OHV is designed by the original equipment manufacturer to carry both a driver and a passenger or passengers;

 

                   (b)     the passenger is seated,

 

                              (i)      for an OHV that is designed to be straddled, straddling the passenger seat behind the driver, facing forward and has their feet securely on the separate foot rests intended for the passenger;

 

                              (ii)     for an OHV with seats that are not designed to be straddled, in the seat designed for the passenger.


Age limit for passengers

9        A participant must not operate an OHV in a pilot area with a passenger who is under the age of 9 years.


Permitted time of day

10      A participant must not operate an OHV in a pilot area between 30 minutes after sunset and 30 minutes before sunrise.


Maximum speed

11      A participant must not operate an OHV in a pilot area at a rate of speed greater than 25 km/h.


No towing

12      A participant must not operate an OHV in a pilot area to tow another person, vehicle or device.


Helmets

13      A person must not operate or be a passenger on an OHV operated in a pilot area unless that person is wearing a helmet that complies with standards determined by or in accordance with the regulations to the Off-highway Vehicles Act.


Rules of the Road in Pilot Areas


OHV to be driven on shoulder

14      (1)    An OHV operated in a pilot area must be driven

 

                   (a)      in the same direction as the traffic using the same side of the highway; and

 

                   (b)     on the shoulder of the highway, except as provided in Sections 15 and 16.

 

          (2)    When driven on the shoulder, an OHV must be driven as close to and parallel with the right edge of the shoulder as can be done practically and safely.

 

          (3)    When entering the shoulder, a participant operating an OHV must yield the right of way to any traffic already using the shoulder and must enter the shoulder only when it is safe to do so.


When OHV driven on roadway

15      (1)    An OHV may be driven on the roadway in a pilot area in any of the following circumstances:

 

                   (a)      there is no shoulder;

 

                   (b)     the shoulder is not wide enough to be driven with all tires off the roadway completely;

 

                   (c)      the shoulder is obstructed;

 

                   (d)     the operator of the OHV is preparing to make a left turn across the roadway.

 

          (2)    When driven on the roadway as permitted under this Section, an OHV must be driven as close to and parallel with the right edge of the roadway as can be done practically and safely.

 

          (3)    When entering the roadway, a participant operating an OHV must yield the right of way to any traffic already using the roadway and must enter the roadway only when it is safe to do so.

 

          (4)    An OHV must be driven on the roadway if it is being driven across a level railway crossing in a pilot area.


Pilot areas and controlled access highways

16      (1)    In this Section, “ditch”, in relation to a highway, means the area between the boundary line of the highway and the line of the shoulder farthest removed from the travelled portion of the highway.

 

          (2)    On a portion of a controlled access highway that has been designated as a pilot area, an OHV must be operated only in the ditch, and must not be operated on the shoulder or the roadway of the highway.


No overtaking and passing

17      (1)    Except as provided in subsection (2), a participant operating an OHV in a pilot area must not overtake and pass any moving motor vehicle when both the OHV and the other vehicle are travelling on the same shoulder or roadway of the highway.

 

          (2)    A participant operating an OHV in a pilot area may overtake and pass a stationary OHV or motor vehicle on the shoulder, if the movement can be made in safety while remaining on the shoulder and to the left of the other OHV or motor vehicle.


Turning, stopping or decreasing speed

18      (1)    A participant operating an OHV making a turn, stopping or decreasing speed must give a hand and arm signal in the manner required by subsection 119(3) of the Act.

 

          (2)    Before beginning a left turn a participant operating an OHV must, without interfering with the movement of traffic travelling in the same direction as the OHV, move away from the shoulder or the right edge of the roadway and be positioned on the roadway in the position from which the left turn is to be made.

 

          (3)    On completing a left turn from one road onto another road, a participant operating an OHV must, without interfering with the movement of traffic travelling in the same direction as the OHV, move to the right edge of the roadway or shoulder.


Penalties


Category F offences

19      The penalties for a violation of any of the following provisions of these regulations are the penalties provided for a category F offence in the Summary Proceedings Act: Sections 6, 7, 10, 11, 12, 14, 15 and 17.


Category F (double) offences

20      The penalties for a violation of any of the following provisions of these regulations are the penalties provided for a category F (double) offence in the Summary Proceedings Act: Sections 9, 13, 16 and 18.

 


Legislative History
Reference Tables

Off-highway Vehicle Pilot Project Regulations

N.S. Reg. 168/2018

Motor Vehicle Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Off-highway Vehicle Pilot Project Regulations made under the Motor Vehicle Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

168/2018

Oct 1, 2018

date specified

Oct 12, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

..........................................................

 

 

 

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.