This is the exact embedded text of the captured official document.
Snapshot 72e85e18807d · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
over
MUNICIPASY
Rural Municipality of Hanover
By-Law No.2468-19
Off-Road Vehicles By-Law
Being a By-Law of the Rural Municipality of Hanover to regulate the operation of
Off-Road Vehicles within the municipality.
WHEREAS Section 232(1Xg) and 236(1) (iv) of The Municipal Act S.M. 1996, C.58
provides authority for the Municipality to pass a by-law respecting the operation of Off-Road
Vehicles on public or private property;
"232(1) A Council may pass by-laws for municipal purposes respecting the following
matters:
g) the operation of off-road vehicles on public or private property;"
"236(1) Without limiting the generality of clause 232(1)(o) enforcement of by-laws
and subject to subsection (3), a by-law passed under that clause may include
provisions,
(iv) seizing, removing, impounding, confiscating and selling or othenruise disposing of
plants, animals, vehicles, or other things related to a contravention;"
AND WHEREAS Section 45(1) and 46(1) of The Off-Road Vehicles Acf, being Chapter 031
of Statues of Manitoba,1987 provides as follows:
"45(1) Subject to the subsections (2), (3) and (4), the traffic authority of a highway
may make by-laws and the minister may make rules supplementary to, or in
addition to, but not contrary to any provision of this Act or the regulations
made under this Act:
(a) Permitting or prohibiting the operation of designated off-road vehicles
across a roadway and shoulder at any place or at a designated place
along the highway or on any portion thereof;
(b) Permitting the operation of designated off-road vehicles upon a
roadway or the shoulder of a roadway; and
(c) Prohibiting the operation of designated off-road vehicles upon a
designated right-of-way or a specified portion thereof.
"46(1) Rules supplementary to, or in addition to, but not contrary to any other
provision of this Act or the regulations made under this Act:
(a) Prescribing the periods of the day, or of the year, during which
designated off-road vehicles shall not be operated;
(b) Prescribing the maximum speed above which off-road vehicles shall
not be operated;
(c) Prescribing areas in which the operation of designated off-road
vehicles shall be permitted or prohibited; and
(d) Fixing penalties for violation of by-laws passed under this section may
be made
(e) ln respect of a municipality, by the council thereof;
AND WHEREAS the Rural Municipality of Hanover is a traffic authority;
NOW THEREFORE the Council of the Rural Municipality of Hanover deems it expedient to
enact a By-Law allowing the operation of and regulating the operation of off-road vehicles
in the municipality as follows;
1. DEFINITIONS:
"All-terrain vehicle" or "ATV" means an off-road vehicle that;
(a) operates or travels on three or more low pressure tires
(b) has a seat designed to be straddled by the operator of the
vehicle; and
(c) has handlebars for steering the vehicle;
"Peace officer" means;
(a) any member of the Royal Canadian Mounted Police Force and
any other police officer, special constable, or other person
employed for the preservation and maintenance of the public
peace;
(b) any person lawfully authorized to direct or regulate traffic, or to
enforce this Act or traffic by-laws or regulations; and
(c) any person appointed as a Natural Resources Officer, who
functions under the working title of Conservation Officer, Park
Ranger or Park Patrol Officer.
"R.M." means the Rural Municipality of Hanover
"Community" means the urban centres of Blumenort, Grunthal,
Mitchell, Kleefeld, New Bothwell and Sarto.
"Municipal Road" means any place or way, including any structure
forming part thereof which, or any part of which, the public is ordinarily
entitled or permitted to use for the passage of vehicles, with or without
fee or charge therefore, and includes allthe space between the
boundary lines thereof, and includes any area designated or intended
and primarily used for the parking of vehicles and the necessary
passage ways thereon;
a
a
a
o
a
a
a
o
o
"Off-road vehicle" means any wheeled or tracked motorized vehicle
designed or adapted for cross-country travel on land, water, ice, snow,
marsh, swamp land or other natural terrain and includes, but is not
limited to,
(a) a snowmobile,
(b) an allterrain vehicle,
(c) a mini-bike, dirt bike and trail bike,
(d) a miniature vehicle such as a dune or sport buggy,
(e) an off-road maintenance machine,
(f) and amphibious vehicle, and
(g) a four-wheel drive motor vehicle, motorcycle or snow vehicle that
is being driven elsewhere than on a highway, whether or not it is
registered under The Off-Road Vehicles Act,
but does not include an implement of husbandry, farm tractor, special
mobile machine, garden tractor, lawn tractor or golf cart.
"Owner" includes a person who has exclusive use of a vehicle under a
lease or other agreement for a period of more than 30 days;
"Playground" means an area owned by the R.M. which is primarily
intended for outdoor recreation use by children;
"Private Property" does not include unoccupied R.M. property;
"Shoulder" means the portion of a roadway contiguous with the
travelled way for accommodation of stopped vehicles for emergency
use and for lateral support and surface courses;
"Sidewalk" means "footpath", whether improved or not that is intended
primarily for use by pedestrians but does not include a sidewalk located
on private property;
"Snow vehicle" means a vehicle that has a gross vehicle weight
exceeding 454 kilograms and
(a) is not equipped with wheels, but in place thereof is equipped
with tractor treads alone or with tractor treads and skis, or with
skis and a propeller, or is a toboggan equipped with tractor
treads or a propeller,
(b) is designed primarily for operating over snow or ice, and is used
primarily for that purpose, and
(c) is designed to be self-propelled;
(d) a snow vehicle and snowmobile are considered off-road vehicles
under The Off-Road Vehicles Act.
o
a
(b) "Snowmobile" means a vehicle that has a gross vehicle weight not
exceeding 454 kilograms and
(a) is not equipped with wheels, but in place thereof is equipped
with tractor treads alone or with tractor treads and skis, or with
skis and a propeller, or is a toboggan equipped with tractor
treads or a propeller,
(b) is designed primarily for operating over snow or ice, and is used
primarily for that purpose, and
(c) is designed to be self-propelled;
2
EXCEPT IN
E WITH THIS BY.LAW
No person shall operate an off-road vehicle in the municipality or in an
LUD/Community except as permitted in this By-law or under the Off-Road
Vehicles Act.
A person who is qualified under the OflRoad Vehicle Actto operate an
off-road vehicle may operate an off-road vehicle within a community on the
shoulder of the roadway to the most direct route to exit the boundaries of
the community and restricted to the following routes as per individual
communities:
LUD of Mitchell
No off-road vehicles may operate within the community of Mitchell, as per
Schedule "A".
LUD of Blumenort
Off-road vehicles may operate within the community of Blumenort on
Penner Drive North and South to allow access to the service station. For
the segment south of Rockridge Drive, operation must not be on the road
shoulder of Penner Drive South. Operation of off-road vehicles must be in
the ditch in the same direction as traffic, as per Schedule "B".
LUD of Grunthal
Off-road vehicles may operate within the community of Grunthal on the
east side of Cottonwood Road, then turn east in the south ditch of Main
Street (PR205) up to Church Avenue. Operation of off-road vehicles is not
allowed on the shoulder on PR205. Operation of off-road vehicles must be
in the ditch in the same direction as traffic. The off-road vehicle may then
continue east of Church Avenue up to Oak Avenue on the shoulder to allow
access to the two service stations. Off-road vehicles may cross the PR205
at the Clearview Co-op driveway to access the service station. Traffic
departing the community of Grunthal must travel west in the north ditch of
PR205, around the curve, then travel north in the east ditch to 27120
(a)
(b)
(c)
PR216 where traffic may travel south across PR216 and continue travel
along the west ditch of PR216 and Cottonwood Road, as per Schedule "C"
Communitv of Kleefeld
Operation of off-road vehicles is not allowed on the shoulder. Off-road
vehicles may operate within the community of Kleefeld from the south using
ditch of PR216 in the same direction as traffic up to the service station. Off-
road vehicles are allowed to cross the roadway at the service station at the
junction of Park Avenue and PR216, as per Schedule "D".
Communitv of New Bothwell
Off-road vehicles may operate within the community of New Bothwell on
Crown Valley Road, east bound in the south ditch and west bound in the
north ditch, to allow access to the service station, by crossing PR216, as
per Schedule "E".
Communitv of Sarto
Off-road vehicles may operate within the community of Sarto from the east
along the north side of PR205 up to the service station. Operation of off-
road vehicles is not allowed on the shoulder and must be in the ditch in the
same direction as traffic. Off -road vehicles are allowed to cross the
roadway at the service station on the north side of PR205 crossing south at
31115 PR205, as per Schedule "F".
On permitted routes, every operator or owner must operate the off-road
vehicle on the shoulder of the road. Operation of a wheel vehicle all sets of
wheels must ride on the shoulder and in the case of a snowmobile, one (1)
ski to be driven completely on the shoulder; and drive in a single line with
other off-road vehicles.
Every operator or owner of an off-road vehicle shall, on a signal from a
peace officer requiring the operator or owner to do so, immediately bring
the off-road vehicle to a stop or cause the off-road vehicle to be brought to
a stop at a place directed by the peace officer and shall not proceed until
so directed by the peace officer and shall not proceed until so directed by
the peace officer; and shall forthwith comply with an order of the peace
officer as to moving the off-road vehicle from any place.
The operator of an off-road vehicle shall give his or her correct
identification to a peace officer on demand.
No person shall operate an off-road vehicle at a speed greater than 25
kilometers per hour within the territorial boundaries of a Community
No person shall operate an off-road vehicle in a Community within 30
meters of a dwelling between the hours of 11:00 p.m. and 7:00 a.m. unless
(d)
(e)
(f)
(g)
(h)
(o)
(p)
0)
No person shall operate an off-road vehicle in a careless manner or
without due care and attention, or without reasonable consideration for
other persons and property or in a manner likely to cause damage or injury
to other persons property.
(i)
No person under the age of 14 years shall operate an off-road vehicle
unless supervised and accompanied by and at all times within clear view of
the person's parent or a person who has attained the age of 18 years and
authorized by the parent and on property owned by either the owner of the
off-road vehicle or parent of the child.
An owner of an off-road vehicle shall not permit a person under the age
of 14 years to operate an off-road vehicle, of which he or she is the owner,
on a municipal road, road allowance, public reserve, park area, public
parking lot, playground, pool area, recreation area, or private property other
than the owners.
No person shall operate an off-road vehicle while carrying more persons
than the number for which the off-road vehicle was designed.
No person shall ride on or operate an off-road vehicle unless the person
is wearing on his or her head a properly adjusted and securely fastened
helmet in compliance with the requirements contained in the regulations
under The Drivers and Vehicles Act.
(m) Every operator or a passenger in an off-road vehicle in which a seat belt
assembly is provided, shallwear a complete seat belt assembly in a
properly adjusted and securely fastened manner.
(n)
Every operator of an off-road vehicle shall obey all traffic laws while
operating on a municipal road allowance only where permitted, including
but not limited to stop signs, crosswalks, school zones, etc.
the dwelling is located on the operator's own property or property under the
operator's control or as an invited guest.
No person shall operate an off-road vehicle when local circumstances
make the use of an off-road vehicle a fire hazard. This will also pertain
when the Province Manitoba or the RM declares a burning ban.
That notwithstanding any other provisions of this By-Law and the Act,
where a storm or blizzard renders a roadway impassable to vehicular
traffic, the CAO of the Municipality, after consultation with council, may
authorize, for a fixed period, the operation of off-road vehicles.
(k)
(t)
3. PENALTY:
(a) Any person who contravenes, disobeys, or violates, or refuses, omits,
neglects or fails to observe, obey or comply with any provision on this By-
Law is guilty of an offense punishable on summary conviction and is liable
on conviction to a fine not exceeding $t,000.00 for each offence together
with costs of prosecution and in default of payment of such fine and costs
is liable to imprisonment for a period not exceeding six (6) months.
(b) Where an offence, consisting of a violation of any provision of this By-Law
is committed by means of operation of an off-road vehicle, the owner of
the off-road vehicle may be charged with the commission of the offense
and, if the Judge or Justice before whom the charge is tried, is satisfied
that that offence was committed, the owner is guilty of the offense and is
liable on summary conviction to the penalty herein provided for that
offense unless the owner satisfied the Judge or Justice that at the time of
the violation, the off-road vehicle was in the possession of a person other
than the owner or an immediate family member without the consent of the
owner.
4. DETENTION OF OFF.ROAD VEHICLE
(a) Where a peace officer has reason to believe that an offence has been
committed by means of, or in relation to, an off-road vehicle, they may
detain the vehicle for 5 clear days but the vehicle may be released sooner
if security in an amount as determined by a Justice is provided on the first
offence unless othenuise ordered by the Provincial Court.
(b) Where a peace officer has detained an off-road vehicle, they shall provide
to the owner a seizure notice in the form attached as Schedule "A".
(c) Where an off-road vehicle has been detained it shall be subject to the fees
and charges set as provided herein:
(a) storage charges as set out in the Highway Traffic Act
(b) hook-up
(c) flat deck
(d) towing charges plus per kilometer per call
(e) minimum call out plus per kilometer
5. SEVERABILITY
lf any provision of this By-Law be contrary to any express provision of any
applicable statute, such provision shall be read subject thereto and except as
aforesaid this By-Law and all provisions thereof shall be valid and binding.
6. This By-Law may be cited as the "Off-Road Vehicles By-Law."
DONE AND PASSED as a By-law of the Rural Municipality of Hanover in Mitchell in the
Province of Manitoba this 11th day of May, 2022.
Reeve
ief Administrative Officer
Read a first time this 9th day of September,2020
Read a second time this 23rd day of September,2O20
Read a third time this 11th day of May, 2022
R
rksidg
o
t,r
1
utLo
+,c
eufe
lnut
Pa
r:Pl
Birch
ic:Bay,
D
ay
P
cr
svkgl{vs:::::3
L
@
Bu
ard:H
t'
a!
3co
berfie
nway-rAve:
*rouI
*ve:N
d
Pt,
-pp:4rN
r^
E:
@
oo(,
oco
P(n
4.oN
rs
:st
727
z
Ptn
(n
T'
irfield
U
it
ra
'6
.c
[,"
ovt
(!
E
rS
1