BACKGROUND Recently Council asked for an update on provincial legislation regulating offroad

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Herbert Jenkins
8 years ago
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1 9. B.1 New ATV Legislation BACKGROUND Recently Council asked for an update on provincial legislation regulating offroad vehicles. In Ontario the use of off-road vehicles is regulated by the Off-Road Vehicles Act, 1990 and on-highway by the Highway Traffic Act, 1990 and Regulation 316/03 (operation of Off-road Vehicles on Highways). All-terrain vehicles (ATVs) are one of many off-road vehicle class types that are regulated by this legislation. The Highway Traffic Act prohibits the use of off-road vehicles on all highways with some exceptions. These exceptions include driving directly across a highway, use of off-road vehicles for agricultural purposes, animal trapping and specific public works functions. Municipalities may also pass by-laws permitting specified off-road vehicle classes on highways, or part of the highway, during specified months and hours. The Highway Traffic Act also provides rules of the road regulations in regard to operating off-road vehicles on highways. On July 1, 2015 Regulation 316/03 (Operation of Off-road Vehicles on Highways) was amended to allow three new classes of off-road vehicles on highways. Additional regulations and offenses were added to reflect the new classes and enhance rider safety. However, municipalities must still pass a by-law to expand on the use of offroad vehicles beyond those allowed in the exceptions listed above. At the request of some citizens, Southwest Middlesex Council considered such a bylaw a few years ago. Based on negative feedback from both the OPP and the Municipality s insurance carrier, no action was taken. In January of 2015, Council considered a request to permit certain off-road vehicles to use urban streets only in winter for snow clearing purposes. Staff was instructed to proceed to develop a draft by-law for consideration. ANALYSIS My January report recommended the following action prior to adopting such a by-law.

Highways). All-terrain vehicles (ATVs) are one of many off-road vehicle class types that are regulated by this legislation.

2 1. Consider whether a public meeting to gauge community support is appropriate. 2. Determine if the OPP has the resources to enforce the by-law. 3. Consult with our municipal insurance carrier about liability issues. 4. Consider restrictions that should be included in a by-law such as speed limits, date and time limitations and specific locations. 1. Public Meeting. If Council is considering a by-law just for snow plowing purposes, restricting locations, dates and times, it will affect just a very small sector. For that reason, I don t believe a public meeting would be very effective. 2. OPP Enforcement. I ve spoken to the OPP about enforcement and was told that they would have no problem with limited permission being given, subject to the following: - They strongly suggest we include a licensing or registration component. That way, if stopped by the OPP, those involved can legitimately prove that they are permitted on a public road for the purpose of snow plowing. This will prevent a lot of people ripping around on ATVs and claiming to be allowed on the street It would be easy to put a registration process in place. Permits can be issued and a list of those holding a permit can be provided to the OPP. - The OPP will need some time prior to the by-law taking effect to educate Middlesex County officers. As explained to me, when one community offers something that varies from the standard which this would - the OPP officers need to be made aware of it and of the specific provisions that are in place for that area. 3. Insurance Coverage. Jardine Lloyd Thompson, the Municipality s insurance carrier, has not taken a position on the matter, not recommending for or against a by-law. Basically, as long as Southwest Middlesex passes a by-law allowing the ATV to be on the road, it s treated like any other vehicle using municipal roads. Obviously, there would be some added exposure with the increased number of vehicles and the fact that they aren t as safe as a car or truck. Assuming there won t be a high response to the by-law, that additional exposure would be minimal.

Consider restrictions that should be included in a by-law such as speed limits, date and time limitations and specific locations. 1. Public Meeting.

3 4. Restrictions to consider are: - Travelling on municipal streets for the sole purpose of snow removal from private property. - In urban areas only, as defined by the Southwest Middlesex zoning by-law. - On Southwest Middlesex streets only, not Middlesex County roads. - From November 15 to February 28 each winter or similar. - Daylight hours only - though this may not be practical. - All ATV owners providing snow removal service under the authorization of the by-law must be pre-registered with the Municipality. I ve also attached an excerpt from a provincial brochure on the rules of the road for ATVs for Council s information. RECOMMENDATION That a by-law be passed to permit the operation of ATVs on certain Southwest Middlesex streets for the sole purpose of winter snow removal from private property.

- Daylight hours only - though this may not be practical. - All ATV owners providing snow removal service under the authorization of the by-law must be pre-registered with the Municipality.

BY-LAW NO. 201 5-68. TrafficAct, R.S.O. 1990, Chapter H.8, Section. may pass By-laws permitting certain off-road

BY-LAW NO. 201 5-68. TrafficAct, R.S.O. 1990, Chapter H.8, Section. may pass By-laws permitting certain off-road THE CORPORATION OF THE TOWNSHIP OF SEVERN BY-LAW NO. 201 5-68 BEING A BY-LAW TO PERMIT THE USE OF ALL TERRAIN VEHICLES ON CERTAIN MUNICIPAL HIGHWAYS WHEREAS the Highway TrafficAct, R.S.O. 1990, Chapter