ATV and ORV season is almost here

March 09, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

ATV, quad and 4-wheeler season is starting up again soon. For many people riding the machines has become a passionate recreational activity. It’s important to remember though, that they can pose a high risk of personal injury and they should always be ridden with care. They are popular year round for some people, and are also used as working vehicles on many farms. Their increased usage, and model design changes meant that the province had to keep up with the regulations surrounding their usage.

In Ontario legislation was changed in 2015 to include more types of off-road vehicles (ORVs) and ATVs in the regulations. New types were defined including the side by side ORVs and ATVs, which are now allowed to be used on the shoulders of public roads where permitted.

Significant changes to the legislation include:

• Defining the types of ATV/ORVs that may be driven on the shoulder of public roads
• Mandating all riders of any age, and passengers wear approved motorcycle helmets and seatbelts/foot rests where applicable
• Forbidding children under 8 from driving or being passengers on any ATV/ORV operating on road
• Instituting graduated licencing for young and novice drivers on road
• Limiting seating capacity
• Clarifying access and exemptions for farmers and trappers, and for Far Northern Ontario municipalities.

In order to drive an ATV/ORV on road:

• Driver must be at least 16 years of age and hold a valid G2, M2 licence or greater
• Driver must carry the registration permit of the ATV/ORV or a true copy
•  o passengers under the age of 8
• Driver and passengers must wear an approved motorcycle helmet securely fastened under the chin by the chin strap
• Drivers and passengers on ORVs must occupy a seating position with a seat belt which must be worn properly
• Passengers on 2-up ATVs must be able to reach and use the footrests provided

• Have the vehicle registered, have a rear licence plate, and it must be insured
• ATVs cannot be overloaded when on the road
• They must be driven with the flow of traffic, on the shoulder of the road with lights on. If the shoulder is unsafe or unpassable the road may be used.
• They may be used on highways 500-899 most 7000 series roads and low traffic highways.
• They are prohibited on the QEW and 400 series roads.
• Where the posted speed is 50 km/h the ATVs/ORVs may only go 20, where the speed is above 50 km/h  the maximum speed for ATV/ORV is 50 km/h

Off Road Riding:

• Driver must be at least 12 years of age unless they are under direct supervision of an adult. It is highly recommended that young riders are always supervised by an adult.
• Cannot directly cross a highway until they are at least 16 years old and have a valid driver’s licence, e.g. G1, M1 or greater
• Driver must carry the registration permit of the ATV/ORV or a true copy
• Driver and passengers must wear an approved motorcycle helmet securely fastened under the chin by the chin strap
• ATV/ORV must be registered, have a rear licence plate except in exempt areas such as Far Northern Ontario
• Must be insured under a motor vehicle liability policy

You can find all of the information in the Ontario Government’s ‘Smart Ride Safe Ride” booklet http://www.mto.gov.on.ca/english/driver/pdfs/smart-ride-safe-ride-ATV.pdf

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

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