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Big Speeding Ticket


iceman
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https://www.zone911.com/actualites/divers/item/24119-un-motoneigiste-recoit-une-contravention-de-1284

Snowmobiler receives $ 1284 ticket
A very large contravention for a snowmobile!

A snowmobiler will have to pay a very high ticket for driving at a very high speed on a snowmobile trail. Photo radars are not only on the roads, police can also do radar on snowmobile trails.

The snowmobile in question was picked up by the police at about 180 km / h in a snowmobile trail where the permitted limit was 70 km / h. He received a ticket of $ 1284.

At the time of his offense, he was overtaking another snowmobile that was traveling at a little over 100 km / h, which received a much lower offense, $ 291.

In these two cases, demerit points do not apply.

The event occurred on Provincial Trail # 3 in Clermont, MRC-Charlevoix-Est policemen were conducting a speed control operation with a photo radar in the trail.

Here are some safety tips to help you avoid getting into trouble on a snowmobile tour.

Prevention tips:
Travel on marked trails and avoid water bodies;
Avoid walking alone and warn a loved one about the planned route;
Keep right at all times;
Comply with signage;
Adjust the speed of your hike depending on the conditions of the trails.

Here is a reminder of the regulations:
Snowmobile traffic is prohibited on public roads except in the case of an exception, in particular to cross a road at the place provided by a signpost;
The maximum speed limit is 70 km / h in marked trails;
Snowmobilers are subject to the same laws as motorists with respect to impaired driving ability by drugs, alcohol or a combination of both.

 

Edited by iceman
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If memory serves me, that section of trail is close to the 83 and is flat ,wide and very fast. Its also a rural area. 

Lets hope this doesnt become a  new money maker for the police, because except for the groomers, no one on that trail is doing less than a hunderd klicks.

this is also the 1st time Ive heard of radar way out in the boonies. Usually its near towns, Sat and Sundays.

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OUCH!!, If the police wanted to enforce the speed limit it would take so long to go from lodge to lodge legally that the whole trail system would basically have to close down, it would take 3.5 weeks to tour the Gaspe. 42 mph speed limit would have me looking for another sport. I do not need to go 112 all day but 80 to 90 is reasonable here and there when traffic and conditions are good. Mostly we travel somewhere around 60 to 70 on good trails quite safely, I really feel for this guy, that is a ton of bad luck!!

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On 3/8/2017 at 8:34 PM, iceman said:

Here is a reminder of the regulations:
Snowmobile traffic is prohibited on public roads except in the case of an exception, in particular to cross a road at the place provided by a signpost;
"The maximum speed limit is 70 km / h in marked trails;"
Snowmobilers are subject to the same laws as motorists with respect to impaired driving ability by drugs, alcohol or a combination of both.

 

Hi Don.  My understanding is 70 km/h is for all trails but the quote states marked trails.  Does marked trails mean where the speed limit is marked/posted at 70 or does marked trails mean any Federation trail or regional trail or local trail?  If you happen to know.  Thanks.

Jack & Sandi

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My understanding is "marked trails" means any trails maintained by the clubs. Be it 

Blue, federal, Green, regional or Orange, Local. 

There was just a case here in fact my neighbor, where police saw his 10 year old riding a VTT with tracks on it on their own private land. (Pulling another kid on a snowboard with a rope) Police proceeded to issue several tickets for Child operating the VTT, no helmets. Etc etc. Well long story short he fought all of it and judge ruled police have no right to issue tickets for these offenses as he was not on a roadway or on any marked trail. It was on his property and although the judge did suggest he make the children wear helmets he could only suggest as what the guy does on his private land with his children is none of the concern of the police. 

 

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Story from the Newspaper. The tickets were given last March it was just heard in court this week.

(Shawinigan) The Highway Safety Code does not apply to private property, according to Pierre Bordeleau J. Two men from Notre-Dame-du-Mont-Carmel were successful in challenging statements of offenses amounting to nearly $ 2,800 received for driving off-road vehicles to children and Life threatening.

Louis-Philippe Richard and Dany Marchand have large wooded areas at Notre-Dame-du-Mont-Carmel. In March 2016, they organized a children's party where they could drive an all-terrain vehicle or snowmobile. A similar party was also organized the previous year.

"Two snowmobile patrollers from the Sûreté du Québec (SQ) came to meet us in 2015. They had given us reports of infractions to use an unregistered snowmobile and let a minor drive it. I had fines of $ 820, "remembers Louis-Philippe Richard. "I paid the fines and I did not say anything. But they came back the following year. "

In 2016, the same two policemen appeared again at the children's party. They arrived while a parent was being snowboarded behind an ATV driven by a 10-year-old.

After taking pictures of the group, the police gave five reports of infraction to the two organizers of the party. The police accused them of putting the children's lives in danger. Louis-Philippe Richard and Dany Marchand did not agree to pay the fines, which amounted to $ 2,800.

"There has never been a question of safety helmets. It is true that our children did not wear helmets on this day, but that is not why we have had infringements, "says Richard. "Children have ATVs for children and they are used to doing on the field. They wear 75% of the time. [...] We are not against wearing the helmet, far from it. But our children are young woods and are always outdoors. "

The two men studied the law and realized that the Highway Safety Code does not apply to private land. They therefore challenged the findings of infringement before the court.

"We argued that private land is not the highway. A 2014 amendment states that the Highway Safety Code will end when private property begins, "says Richard.

Pierre Bordeleau JA agreed with them. It has determined that the minimum age for the operation of an off-road vehicle and the maximum number of passengers on such a vehicle and the requirement to wear a safety helmet do not apply to an exclusively private property or road.

 

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I'm glad the court sided with the land owners.  I agree that the police should not come onto private land and issue tickets.  What sort of message is that action sending to the youngsters who are enjoying the party while they are being supervised by adults.  The children will be looking over their shoulder to see if the police are watching them when instead the children should look upon the police as their friends and protectors.

I don't want to start a legal post here but if the law exempts private property from the Highway Safety Code, does that mean that tickets can only be issued where the trail actually runs on a road and tickets cannot be issued when the trail is on private property such as a farmer's field?  Just a thought.

Something the courts should address to clarify what we can do and cannot do.

Thanks Don.

Jack & Sandi

Edited by revct1
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On March 11, 2017 at 9:57 AM, revct1 said:

I'm glad the court sided with the land owners.  I agree that the police should not come onto private land and issue tickets.  What sort of message is that action sending to the youngsters who are enjoying the party while they are being supervised by adults.  The children will be looking over their shoulder to see if the police are watching them when instead the children should look upon the police as their friends and protectors.

I don't want to start a legal post here but if the law exempts private property from the Highway Safety Code, does that mean that tickets can only be issued where the trail actually runs on a road and tickets cannot be issued when the trail is on private property such as a farmer's field?  Just a thought.

Something the courts should address to clarify what we can do and cannot do.

Thanks Don.

Jack & Sandi

I would think that the moment a official trail runs on private property the authorities have the legal obligation and right to apply the rules and regulations as per the Quebec off road vehicle act. When it is your own private property or private property where you have permission from the owner but is closed and off limits to any other public use then I think that judge ruled correctly. 

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