Town of Botwood Recreational Vehicle Regulations (ATV Regulations 2026) — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 094c3649a3c2 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Pursuant to the powers vested in it under section 15 of the Off-Road Vehicles Act, SNL 2021 c. O-5.1, and under section 8(h) of the Towns and Local Service Districts Act, as amended, and all other powers enabling it, the Town Council of the Town of Botwood, at a meeting duly convened on the 13 of May, 2026, hereby enacts the following Regulations, which shall replace the existing Motorised Snow Vehicles and All-Terrain Vehicles Regulations of the Town of Botwood.  X. Baden Myra Budgell X aRousell Audrey Rowsell Town Clerk  - 1.These Regulations may be cited as the Town of Botwood Recreational Vehicle Regulations. 2. For the purposes of these Regulations: - (a) "All-Terrain Vehicle" means a wheeled motorized vehicle, excluding a two-wheeled vehicle, designed or adapted for off-road use, but for the purposes of these Regulations does not include a tracked motorized vehicle; - (b) "ATV" means an All-Terrain Vehicle; - (c) "Council" means the Town Council of the Town of Botwood; OOD - (d) "Designated Route" means any Highway or Public Pathway approved by Council for use by ATVs or Off-Road Motorcycles, as set out in Schedule "A" to these Regulations; - (e) "Enforcement Officer" means a municipal enforcement officer as defined by the Towns and Local Service Districts Act, as amended, or a peace officer as defined by the Highway Traffic Act; - (f) "Highway" means a place or way, including a structure forming part of the place or way, designed and intended for, or used by, the public for the passage of traffic or the parking of Motor Vehicles, and includes all space between the boundary lines of the place or way; - (g) "Highway Traffic Act" means the Newfoundland and Labrador Highway Traffic Act, RSNL 1990 c. H-3, as amended; - (h) "Off-Road Motorcycle" means a two-wheeled motorized vehicle used off-road or not registered under the Highway Traffic Act, including a trail bike; - (i) "Operator's Registered Address" means the address identified on the operator's driver's licence issued under the Highway Traffic Act; - (i) "Motor Vehicle" means a motor vehicle registered under the Highway Traffic Act; - (k) "Motorized Snow Vehicle" means a tracked vehicle, commonly known as a snowmobile, where the driver sits astride a seat and which is designed for operation over snow-covered land or ice; - (1) "Off-Road Vehicles Act" means the Newfoundland and Labrador Off-Road Vehicles Act (SNL 2021 cO-5.1), and the regulations made under it, as amended; - (m) "Public Pathway" means any pathway or trail assumed under the ownership of the Town of Botwood or maintained under the jurisdiction of the Town of Botwood; - (n) "Town" means the Town of Botwood. - 3.All ATVs, Off-Road Motorcycles, and Motorized Snow Vehicles operated within the Town shall be operated, registered, and insured in accordance with the Off-Road Vehicles Act (SNL 2021 c. O-5.1). - 4.A person shall not operate an ATV, Off-Road Motorcycle, or Motorized Snow Vehicle: - (a) Without due care and attention or without reasonable consideration for persons or property; - (b) In any area designated as a park or playground; - (c) On a public pathway; - (d) On a sidewalk or designated walking and/or bicycling path; - (e) On private property without the express permission of the owner or occupant; - (f) On property owned or occupied by a hospital, health centre, school, or senior citizens' home; - (g) In any area where signs prohibit the use or operation of ATVs, Off-Road Motorcycles, or Motorized Snow Vehicles; - (h) In a manner that constitutes a nuisance or creates annoyance to residents or other persons; - (i) In a manner that is hazardous to the operator or to other persons or property; or - (i) In a manner that harasses, chases, runs over, injures, or kills any wildlife or domestic animal. - 5.A person shall not operate an ATV, Off-Road Motorcycle, or Motorized Snow Vehicle on a Highway unless:(a) The person holds a valid class of driver's licence issued under the Highway Traffic Act; and(b) Where the operator is under 19 years of age, the ATV, Off-Road Motorcycle, or Motorized Snow Vehicle is insured as required by the Off-Road Vehicles Act (SNL 2021 c. O-5.1). - 6.A person shall not drive, operate, or otherwise move an ATV, Off-Road Motorcycle, or Motorized Snow Vehicle on a Highway except in accordance with this Section 6: - (a) A person may drive, operate, or move the vehicle across a Highway only at a point where the operator has not less than 100 metres of visibility in both directions along the Highway; and - (b) A person may drive, operate, or move an ATV, Off-Road Motorcycle, or Motorized Snow Vehicle along a Highway only when, by reason of a storm or blizzard, the Highway cannot be used by Highway motor vehicles, and only in a manner that does not interfere with snow clearing or other operations taking place on that portion of the Highway. - 7.Notwithstanding Sections 5 and 6, a person may operate an ATV or Off-Road Motorcycle on a Designated Route, provided that: - (a) Notwithstanding Sections 10 and 11 of these Regulations, the person is at least 16 years of age and holds a valid class of driver's licence issued under the Highway Traffic Act; - (b) The person or vehicle carries a valid liability insurance policy and proof of insurance can be readily produced; CN A - (c) The ATV displays, in a conspicuous position on each side toward the front of the vehicle, the numbered plates or decals issued under the Off-Road Vehicles Act; - (d) The ATV or Off-Road Motorcycle is equipped with an exhaust system that is original equipment manufacturer standard, in good working order, not modified to increase sound, and operated in a manner that prevents excessive or unusual noise; - (e) The operator does not exceed any posted speed limit and, in any event, does not exceed 40 kilometres per hour, and not more than 20 kilometres per hour when operating off Designated Routes; - (f) The operator yields the right-of-way to drivers of all other classes of Motor Vehicles; - (g) The operator complies with the "rules of the road" as set out in Part V of the Highway Traffic Act or any successor legislation; - (h) The ATV or Off-Road Motorcycle is not operated on a Designated Route before May 15 or after November 30 of any year; - (i) The ATV or Off-Road Motorcycle is not operated earlier than 0700 hours or later than 2200 hours on any day; and - (i) The operator complies with all other provisions of these Regulations. 8. Notwithstanding Sections 5 and 6, a person may operate an ATV or Off-Road Motorcycle on a Highway that is not a Designated Route, provided that: - (a) The Highway connects the operator's registered address with the nearest Designated Route; or - (b) Prior written permission has been obtained from the Town. - 9.A person under the age of 13 years shall not operate a Motorized Snow Vehicle in the Town, and no person shall cause or permit a person under the age of 13 years to operate a Motorized Snow Vehicle in the Town unless accompanied by a person who is at least 19 years of age. - 10.A person under the age of 16 years shall not operate an ATV in the Town unless: - (a) The person is at least 14 years of age and operating an ATV with an engine size of 90 cc or less; and - (b) The person is accompanied by a person who is at least 19 years of age. 11. For the purposes of Sections 9 and 10, "accompanied" means that the supervising person maintains both visual and voice communication with the operator. 12.Council may erect warning, cautionary, directional, limiting, or prohibiting signs regarding the operation of ATVs, Off-Road Motorcycles, and Motorized Snow Vehicles, and any operator who fails to obey such signage commits an offence under these Regulations. - 13.A person who contravenes or fails to comply with these Regulations is guilty of an offence and is liable, upon summary conviction: - (a) For a first offence, to a fine within the minimum and maximum amounts outlined in Schedule "B" of these Regulations, or to imprisonment for a term not exceeding one month, or to both; and  (b) For a second or subsequent offence, to a fine between double the minimum and maximum outlined in Schedule "B" of these Regulations, or to imprisonment for a term not exceeding three months, or to both. 14.These Regulations do not apply to vehicles owned or operated by Council, emergency services, or enforcement agencies, or to any persons exempt under the provisions of the Motorized Snow Vehicles and All-Terrain Vehicles Regulations. 15.These Regulations include the Schedules attached hereto, which are declared to form part of these Regulations. 16.If a court of competent jurisdiction declares any section or part of a section of these Regulations to be invalid, that section or part shall be severed and shall not affect the validity of the remaining provisions, which shall continue in full force and effect. 17.These Regulations shall come into force on the date they are enacted by Council. 43 ## BOTWOOD ·EN AVANT· 1. Water Street 2. Valley Road 3. Commonwealth Drive 4. Church Road 5. Airbase Road 6. Wireless Road 7. Sacrey's Road  ## Schedule A ## Designated Routes  ## Schedule B Schedule of Fines