All Terrain Vehicles

Aug 19, 2010

By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

It’s summertime and people are on the move – an increasing number astride ATVs (All Terrain Vehicles). This year, more than a few ATV drivers have reminded me of an old legal maxim: “ignorance of the law is no excuse”.

Both the law and common sense require drivers of such vehicles, when on a pubic road, to have their lights on. It may seem to the operator that their ATV is hard to miss, but to a car driver, off-road vehicles can be awfully hard to spot at a safe distance, especially on our back roads and in poor light or in bad weather. Perhaps, as my husband says, there is wisdom in some motorcyclists’ obsession with reflectors and lights.

And then there is the continuing problem of riding with a passenger, which is an offence. In fact, the regulations go so far as to ban ATVs that have been specifically designed to carry more than one person from using the roads. Made under the Highway Traffic Act, Ontario Regulation 316/03, which sets out most of the rules for the operation of ATVs on public roads, states:

1. In this Regulation, “all terrain vehicle” means an off-road vehicle that,

(a) has four wheels, the tires of all of which are in contact with the ground,

(b) has steering handlebars,

(c) has a seat which is designed to be straddled by the driver, and

(d) is designed to carry a driver only and no passengers;

This definition, which prescribes the class of off-road vehicles known as ATVs that are permitted on public roads, is rather limiting. For example, a side-by-side off road vehicle designed for passengers is not considered an ATV and is therefore not acceptable for road use. There are, however, special rules for some users, including farmers, trappers, and certain classes of workers while engaged in their respective occupations. Information on those rules and how they may apply to you can be obtained by contacting the Ministry of Transportation or by visiting the website given at the end of this column.

The legal framework for the operation of ATVs on our roads is a little confusing. The Province has set out the basic rules, but each municipality is given authority to allow or not to allow ATVs to operate on their roads, and to set conditions for their operation. Municipalities may, among other things, set reduced speeds, restrict hours of operation, limit access to certain roads, and even restrict or prohibit usage at certain times of the year. Don’t look for signage; it’s likely not there. It’s up to you to contact the township where you will be driving to find out the applicable rules – ignorance, deliberate or otherwise, could prove expensive.

The general provisions of the Highway Traffic Act, with some modifications, also apply. In other words, ATV drivers can be charged with many of the same offences as if they were driving a car or truck, including speeding or careless driving. And then there is the ever more complicated issue of drinking and driving; the whole arsenal of rules under provincial and federal legislation would seem to apply.

For many people, using ATVs is a great way to explore our countryside, but it is also important to know the rules, and to come home safely (and without a ticket!). To obtain more information, visit the Ontario Ministry of Transportation website: http://www.mto.gov.on.ca/english/dandv/orv.shtml or pick up their current edition of the Driver’s Handbook.

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.