CLIA :: Alcohol, Drugs and Snowmobiles

Community Legal Information Association of Prince Edward Island

Alcohol, Drugs and Snowmobiles

Did you know that…

There are over 700,000 registered snowmobiles in Canada.
There are approximately 1800 snowmobiles registered each year in PEI.
There are approximately 100 snowmobile fatalities each year in Canada.
At least 50 - 60% of these fatalities are alcohol-related.

There is something exciting about cruising through the fields in the winter on your snowmobile. The bright sun, or the full moon, make the snow sparkle as you cross open fields or drive through trails in the woods. The long, cold winter seems shorter and much more fun when you have a snowmobile.

Some people think a drink of alcohol will "warm them up" when they are snowmobiling. In fact, it cools your body down, and can make you more susceptible to hypothermia. Drinking, either before or while operating your snowmobile, may result in an accident and may also result in your being charged with an offence under the Criminal Code.

The Criminal Code of Canada defines a "motor vehicle" as any vehicle driven by means other than muscle power. A snowmobile is a motor vehicle. To have "care and control" of your snowmobile, you may only need to be near it with the keys in your possession. It may even be turned off. These terms are very broadly defined in the law.

If you have care and control of your snowmobile while impaired by drugs and/or alcohol, or show a blood alcohol count over .08, you can be charged with an offence just as if you were driving a car. It doesn't matter whether you are driving across the highway or on an off-road trail.

If you are taking drugs, either prescription or over-the-counter, or drinking alcohol, your ability to think quickly and make fast judgments will decrease. Your vision and hearing may be affected and your reaction time will be increased. Taking a combination of medications or combining drugs and alcohol makes the problem even worse.

Any of these can make you impaired, which is against the law if you are driving a motor vehicle. You could be charged with driving while impaired or with having a blood alcohol count over the limit of .08. Penalties for either charge can be harsh, though the harshest of all is the injury or death that can result to you, your passengers or your fellow drivers.

Ask your doctor or your pharmacist about possible side effects of drugs and read the labels on medication containers to see if there is a warning about driving while taking the medication. Symptoms to watch for are slurred speech, dizziness, and unsteadiness. However, a person can still be impaired without showing any of these signs. Your body weight, age, sex, fatigue level, physical and emotional condition all affect your level of impairment. A good rule is, if you feel differently than you normally do, don't take your snowmobile out.

In Prince Edward Island, snowmobiles are regulated by the Off-Highway Vehicle Act. Under this Act and its regulations:

All snowmobiles must be registered.
A trail pass is required to use the PEI Snowmobile Association trails.
Snowmobiles may not be driven on a road except for crossing the road at right angles. If you are a licensed driver, you may drive alongside the road, in either direction, in the area of the ditch during daylight hours. From sunset to sunrise, licensed drivers using the ditch area may drive only in the direction of the normal traffic on that side of the road.
A safety helmet must be worn at all times by drivers and passengers.
Children who are under 10 years old must be directly supervised by an adult while driving a snowmobile.
When operating your snowmobile in or near residential areas or close to other people, you must obey the speed limit of 8 kilometres per hour.
If a Trail Warden or a Police Officer signals you to stop, the law says you must do so.

It is also strongly suggested that you:

Be aware of wire fences or other possible hazards.
Ensure that children traveling with you are wearing protective clothing.
Drive at appropriate speeds for the conditions and the weather.
Observe "No Trespassing" signs, ask permission to drive on private property, and leave the property if asked to do so.
Carry a first aid kit at all times.
Travel with a companion so you have help if a problem occurs.
Travel in daylight - most accidents occur at night.
Travel on groomed snowmobile trails whenever possible - 80% of snowmobile fatalities occur off-trail.
If you have a cell phone, take it with you so you can call someone if you need help
Contact a local snowmobile club for more information about snowmobiling in your area (PEI Snowmobile Association: 894-7669).

Remember that snowmobiles are only as safe or unsafe as those who are operating them… Safe snowmobiling is sober snowmobiling.

This pamphlet contains general information about the law. It is not a complete statement of the law in this area and is not a substitute for legal advice. To receive legal advice, you need to speak to a lawyer.

Community Legal Information Association of PEI Inc. (CLIA) is a charitable organization that receives funding from Justice Canada, the Prince Edward Island Office of the Attorney General, the Law Foundation of PEI and other sources. CLIA provides Islanders with understandable and useful information about the law and the justice system in Prince Edward Island. For more information, you may telephone CLIA at 892-0853 or 1-800-240-9798.

Charitable Registration Number: 118870757RR0001
ISBN: 0-9211896-26-3
Revised: February 2002

Non-commercial reproduction of this pamphlet is encouraged.