QUESTIONS AND ANSWERS Off-Road Vehicle Act

Transcription

1 QUESTIONS AND ANSWERS Off-Road Vehicle Act Is the Off Road Vehicle Act now the law? The ORV Act is being implemented in stages, starting on November 17, 2014 with voluntary registration. June 1, 2015 is targeted to bring in the rest of the ORV Act provisions and the regulations for mandatory registration and safety. What is an off-road vehicle? An off-road vehicle (ORV) includes snowmobiles, all-terrain vehicles (or quads ), off-road motorcycles, side-by-sides (i.e. rhino,, rzrs). ORVs are used for work and pleasure purposes. Sectors that rely on ORVs include forestry, farming, ranching and sport/tourism. Will the ORV Act apply to other vehicles such as jeeps and trucks, currently used off-road on Crown land? The Act is designed to address the constantly changing types of vehicles being manufactured to be used off-road on Crown land and this includes jeeps and trucks. Stakeholders pointed out that safety laws need to apply to all types of ORVs including jeeps and trucks to ensure vehicles used off-road follow the laws such as use of seatbelts and lights. Where will the ORV Act apply? Will it be just on Crown land or on prescribed private land as well? For the most part, the Act will apply only to Crown land (which includes resource roads on Crown land) -- private land will be exempt. There are some exceptions, however, where certain private lands may be designated under regulation. This might include certain greenbelts or regional and municipal parks at the request of local government. ORV REGISTRATION Why are registration and a number plate important? Modernizing the registration scheme will help enforcement officers better identify irresponsible ORV riders that endanger others, damage the environment or harm animals. In addition, it will help enforcement officers track stolen vehicles since ICBC s registration data would be available to officers 24/7. Registration will also aid in search and rescue efforts when a lost or injured rider has abandoned their ORV and the vehicle is found first. When will registration be mandatory for ORVs used or operated on Crown land? Mandatory registration will begin on June 1, Starting on November 17, 2014, ORV owners will have the option of voluntarily registering their ORVs; however, it will not be mandatory to do so until June Page 1

2 What will the registration fee be set at and will it be payable every year or only once? The combined fee for a certificate of registration and a number plate will be a onetime fee of $48. ORV owners will only be required to register their ORV once. The registration and number plate will be valid as long as the same person owns the vehicle. ORVs transferred to a new owner will be required to register the transfer with ICBC and a one-time fee will apply at that time. Snowmobile owners who have already registered their vehicles under the Motor Vehicle (All Terrain) Act will be eligible for refund for the amount they had already paid this will be $5 for transfers and $10 for registration. How will the snowmobile refund program work? Current snowmobile owners that have registered or transferred their vehicle under the previous regime will be eligible for a refund when they register under the ORV Act. The refund can be applied to the new registration under the ORV Act. Allowing a refund to be applied ensures fairness with those who have already paid a fee and are being asked to re-register. Why does a snowmobile registered under the Motor Vehicle (All Terrain) Act need to be re-registered under the ORV Act? Transitioning from a manual snowmobile registry to a database registry -- the same as on-highway vehicles -- will ensure that enforcement officers have 24/7 access to the registration information to better identify irresponsible ORV riders and to track down stolen vehicles. Why is the registration decal being replaced with a number plate? Currently snowmobiles can appear to be registered if they display a registration number decal that belonged to a prior owner this makes it challenging for officers in identifying reckless snowmobilers. The new requirement for a number plate which is retained by the seller will fix this issue this is the same approach used for motorcycles and other on-highway vehicles. How will out-of-province unregistered owners of ORVs be treated? ORV owners from other jurisdictions that are not registered and do not display a number plate, or decal will be required to register with ICBC if the ORV is used or operated on Crown land or prescribed private lands. ORVs that already have valid registration and have met the plate/decal requirements from their home jurisdiction would not need to register. For example, Alberta owners are already required to be registered and display a plate in Alberta so they would not need to register again in B.C. However, in Saskatchewan, snowmobiles are registered but not all terrain vehicles (ATVs). ATVs from Saskatchewan would be required to be registered in B.C. but if, in the future, Saskatchewan requires ATVs to be registered then a resident of Saskatchewan with a registered ORV would not need to also register in B.C. Page 2

3 What happens when an out of province resident that is registered in B.C. returns to their home jurisdiction with a B.C. plate? B.C. will not require the surrender of the number plate. ORV owners will, however, need to comply with the registration requirements of the jurisdiction where the ORV is operated. What information do I need to bring to the broker to register my ORV? To demonstrate you are the legal owner of the ORV, one or more of the following is required: A New Vehicle Information Statement or a Certificate of Origin if purchased new, but never registered previously. A Bill of Sale or other document acceptable as a Bill of Sale, such as a Transfer Tax Form (APV9T) signed by seller - Transfer Tax forms are widely available from any Autoplan broker. A completed B. C. Consumer Taxation Branch Gift of Vehicle Form (FIN 319) Proof of payment of the applicable sales tax on or after July 1, 2010 (tax on designated property, provincial portion of the HST, or provincial sales tax). For ORVs imported from the U.S., a Title Certificate; Form 1 or B15 Accounting Document. For ORVs imported into B.C. from another Canadian jurisdiction, the previous registration documents. In the absence of the above, or where continuity of ownership going back to the origin of the vehicle is not documented, a sworn statutory declaration (MV1484) will be required with information about how you came into possession of the off - road vehicle and your attempts to get the one or more of the other documentation as described above. If you re uncertain on what documents you need to register your ORV, contact your local ICBC Autoplan broker who can help figure out which document fits your situation best. Why is proof of legal ownership important for ORV registration? With on-highway vehicles, there is an unbroken link of continuity of ownership that covers the entire history of the vehicle; this has always been a requirement. With ORVs, ICBC is mirroring the requirements/processes that exist for on-highway vehicles under the Motor Vehicle Act once a vehicle is registered. Where continuity of ownership going to the beginning of the vehicle is not available, there is an expectation that you will make a reasonable effort to bridge it as best you can and describe your efforts to contact previous owners to get this information. Alternately, if you are unable to contact previous owners, describe why not in a singed declaration (please note that if you own multiple ORVs, only one signed declaration is required). Page 3

4 Under what circumstances do I need registration, licensing or insurance for my ORV? Registration On June 1, 2015, ORV owners will need to register their ORV if it will be used or operated on Crown land, including resource roads. The registration number plate may be displayed on the front, back or left side of the ORV. Details about the display of the registration number plate will be made available as part of mandatory registration. ORV owners not already registered will be required to register their ORV if obtaining an annual vehicle licence and ICBC basic insurance to operate on or across a highway. If an ORV has been previously registered and licensed for on-highway operation, the registered vehicle, along with the licence plate and current insurance decal will be deemed to be in compliance with the ORV Act when the ORV is used on Crown land after June 1, All new owners of an ORV previously registered under the ORV Act will be required to register the transfer of ownership with ICBC within 10 days of purchase. In terms of snowmobiles, o Between November 17, 2014 and June 1, 2015, although snowmobiles have been required to register under the Motor Vehicle (All Terrain) Act for the past 40 years, the voluntary ORV registration period also applies to snowmobiles. o o Snowmobile owners currently registered under the MVATA have until November 17, 2015 to re-register under the ORV Act. Between June 1, 2015 and November 17, 2015, snowmobiles registered under the MVATA who display the registration decal will be considered registered. Snowmobiles that have never been registered, must register under the ORV Act if they use or operate the vehicle on Crown land. Annual vehicle licence This only applies to ORV riders who choose to access public road/highway crossings or for authorized operation along portions of the right of way. ORV riders that operate only on Crown land will only need registration and the associated number plate. Licensed ORVs can be used to: Operate across a highway (without having to obtain an operation permit from the local police) if the crossing is controlled by stop sign or traffic light; Load or unload in a parking lot (without an operation permit); and Operate on any highway anywhere else local police authorize through an operation permit. Insurance On public roads and highways, ICBC basic insurance continues to be a requirement for all motorists; ORV riders who opt for incidental access to highways will require ICBC s Basic insurance. Page 4

5 On Forest Service Roads, $200,000 in third party liability insurance continues to be a requirement. This is separate from the ICBC basic insurance and may be purchased from either a private insurer or from ICBC. On all other Crown land, liability insurance is voluntary but recommended. Driver s Licence On public roads and highways, a valid driver s licence continues to be a requirement for all motorists; a driver's licence is also required to operate an ORV on a Forest Service Road. Police-issued Operation permit an operation permit, issued free of charge by local police, may be required as a condition of highway operation. Operation permits are not required for highway crossings controlled by a stop sign or traffic light or when loading and unloading an ORV from another vehicle in a parking lot. In all other circumstances, an operation permit is required for on-highway operation. Operation permits must be obtained from the police department/detachment nearest where an ORV will be operated (or from any RCMP detachment along the Gold Rush Snowmobile Trail for operation on the Trail). For more information on operation permits, please refer to the following ICBC document: Additional information may also be obtained from the police department/detachment nearest the location you plan to operate. For more information on the registration, licensing or insurance requirements, please visit your local ICBC Autoplan broker. How much will it cost? In terms of registration under Off Road Vehicle Act: BCs one-time, user-pay ORV registration fee is $48 (this is less than Alberta, where ORV riders pay $54 annually). In terms of transition, snowmobiles registered under the MVATA will have one year to re-register under the ORV Act and receive a $10 refund that is applied towards the registration fee. In terms of incidental access to highways under the Motor Vehicle Act: No additional fees for registration or the plate are required under the Motor Vehicle Act if you have paid the one-time $48 fee to obtain both your Certificate of Registration and number plate under the Off Road Vehicle Act. The ORV number plate is a dual purpose plate. There is no cost for the police-issued operation permit. Annual fees apply to vehicle licensing and insurance for the majority of motor vehicles used on a highway in BC. In the case of ORVs used for recreation purposes to access a highway, annual vehicle licensing is $23 and ICBCs basic insurance coverage is $25. Page 5

6 What does ICBC Basic Insurance include? ICBC Basic insurance includes the following: a) up to $200,000 Third Party Liability insurance; b) Autoplan Accident Benefits - rehabilitation and medical payments (up to $150,000); - temporary total disability; - homemaker benefits; - death benefits; - funeral expenses; c) hit and run coverage; d) Underinsured Motorist Coverage; and e) Inverse liability protection related to out-of-province coverage. All of the above coverage is limited to on-highway use. The validation decal affixed to the number plate also demonstrates proof of insurance. Basic Insurance costs $25. Rates are applied for by ICBC and the BC Utility Commission (BCUC) approved rates aligned with similar insurance product for limited on-highway operation of work utility vehicles (price lower reflecting no additional discounts for fleet or CRS). The $25 premium factors in seasonal use and administrative costs; therefore the policy is established as an annual non-refundable policy. Limiting coverage to on-highway only allows for the lowest cost possible for all ORV owners.those seeking additional insurance coverage (for example, for a Forest Service Road) have the option to purchase that separately either from ICBC or a private insurer. For additional information about Basic Insurance, please refer to the following website: How do I know if a road is highway or a Forest Service Road? Paved public roads within communities and highways are subject to the Motor Vehicle Act. Although some gravel roads are also highways, the majority of gravel roads are typically Forest Service Roads or other types of resource roads on Crown land. If you are unclear as to the status of the road, then assume it is a highway under the Motor Vehicle Act since you will be responsible for complying with all laws. If you plan to travel on Crown land and access resource roads, you are encouraged to contact your local district office to confirm the status of the road this will help ensure you have a safe trip. Note: before you go, let someone know where you re heading and when you expect to return. If you do get lost or stranded on a resource road, stay with your vehicle. It will provide shelter until help arrives. What size will the number plate be? It will be 5 x 8, the same size as existing plates for on-highway motorcycles and registered snowmobiles that access highways under the Motor Vehicle Act. Why was a number plate considered? Page 6

7 In terms of identification of registered ORVs on Crown land, the number decal for the one-time snowmobile registry under the Motor Vehicle (All Terrain) Act did not work. For example, snowmobiles can appear to be registered if they display a registration number decal that belonged to a prior owner this makes it challenging for officers in identifying reckless snowmobilers that may endanger others, damage the environment or track down stolen vehicles. Under the ORV Act, a removable number plate which is retained by the seller fixes this issue. The Ministry of Forests, Lands and Natural Resource Operations is continuing to consult with over 20 provincial stakeholder associations on the details of the proposed regulations for ORV use, safety and registration to ensure we get it right. Where do I mount the number plate to comply with the ORV Act regulations? Under the Off Road Vehicle Act, it is being explored that the registration number plate may be displayed at the front, back or left side of the ORV operated on Crown land. When registration becomes mandatory, the regulations will provide the details of where the plate must be mounted. During the voluntary registration period, the plate does not have to be mounted to use or operate an ORV on Crown land. In addition, if you have ORV Act registration and a number plate, it may be used for highways crossings if the ORV is also licensed and insured under the Motor Vehicle Act. In that circumstance, the number plate must be securely mounted on the front or rear of the ORV. What do I specifically need for highway crossings and how will that work between now and June 1, 2015? Under the Motor Vehicle Act (MVA), it is mandatory for the driver and the ORV to be licensed, to display a number plate, and have Basic insurance as evidenced by a valid insurance decal while on a highway (except while exempt as an industrial utility vehicle under MVA s. 3.1) and an Owners Certificate of Insurance and vehicle licence. Authorized ORV highway use is limited to incidental travel directly across a highway at a controlled crossing (traffic light or stop sign), loading or unloading from another vehicle in a parking lot, or travel on any highway anywhere local police authorize within the limits set out in an MV1815 Operation Permit. Under the new MVA regulations, these permits can be issued for a term of up to two years. Law enforcement may continue to exercise discretion as set out in regulation to issue permits for operation within their areas of jurisdiction. After November 17, 2014 permits can be issued to both snowmobiles and also wheeled ORVs. An ORV operating on or across a highway can display either a Restricted number plate, the new ORV number plate, or no number plate at all if exempted as an industrial utility vehicle. Contact your ICBC insurance broker for specific information on which number plate and insurance is most appropriate for your individual needs. Page 7

8 What are the rules regarding Provincial Sales Tax and ORV registration? For detailed information on Provincial Sales Tax see the Ministry of Finance notice located at: Before July 1, 2010, if you purchased the ORV in BC, brought it into BC, or received an ORV as a gift you will not be required to provide sales tax documentation at the time of registration under the ORV Act. On or after July 1, 2010, if you purchased the ORV in BC, brought it into BC, or received an ORV as a gift and did not pay tax, you will be required to provide proof of payment of tax or pay the applicable sales tax at the time of registration, unless a specific exemption applies. Similar to other vehicles, ICBC will collect any tax owing at the time of registration. Tax generally applies to the purchase price. In the case of the new owner of the older ORV traded in by someone else tax will be payable on the purchase price that the new owner paid. Note: motorsport dealers in BC should be registered to collect PST which means the purchaser of the ORV should be paying tax at the time of purchase, not at the time of registration. Page 8