ORVA

ORVA

Multiple Choice

Last week we learned about the MSVA. This week we will be learning about the Off-Road Vehicles Act. The primary tier is?

• Enforcement

• Intervention

• Referral

• None of the above

Multiple Choice

Are permits/licences are required to operate an off-road vehicle (ORV) or an all-terrain vehicle (ATV)

• True

• False

​The 3 areas of enforcement for ORVA are

​1. the permits/licences required to operate an off-road vehicle (ORV) or all-terrain vehicle (ATV)

2. where and how such machines may be operated

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3. the equipment required to operate them lawfully

There are 5 common types of ORV

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Over the next few slides we will take a look at each type

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​Type of ORVs

​The first type is the dune buggy

​Types of ORVs

​The second type is the single rider ATV

​Types of ORVs

​The third type is the two-up ATV

​Types of ORVs

​The fourth type is the side by side ORV

​Types of ORVs

​The fifth type is the utility terrain vehicles

​What is the difference

​ATVs are ridden like motorcycles, and the driver and passenger straddle the seat.

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The ATV is steered using handlebars, and has a motorcycle brake and throttle on the handlebars.

​ORVs

​ORVs are driven like cars and are more like a small car or truck in that the driver and passengers sit side by side on seats and there are a steering wheel, foot pedals and seat belts.

​ORVs vs ATVs

​Most of the rules apply to both types of vehicle but sometimes, because of the design of each vehicle, the rules for ATVs and ORVs are different.

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For example, ATVs do not require seat belts and ORVs do not require footrests.

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​Exemptions 1

​The ORVA does not apply to off-road vehicles being operated on a highway, s. 2 (1).

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They are covered by the Highway Traffic Act

​Exemptions 2

The following are exempt from the ORVA: Golf carts, Road-building machines, Self-propelled implements of husbandry

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Wheelchairs, ORVs driven or exhibited at a closed course competition, and motorcycles

Multiple Choice

Which one of these is not exempt from the ORVA

• Road building machines

• Golf Cart

• Road building machines

• Dune Buggy

Multiple Choice

One of the areas of enforcement for the ORVA is where and how such machines may be operated

• True

• False

​Definition of Highway

​Highway includes a common & public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for/used by the general public for the passage of vehicles and includes the area between the lateral lines

​Occupier

​Occupier (s 1): a person who is in physical possession of the land, or who is responsible for and has control over the land or the activities that take place on the land, or has control over those allowed to enter upon the land

​Peace Officer

Peace Officer (s 1): police officer, conservation officer, or someone who is employed to preserve and maintain the public peace, or any officer appointed for enforcing the provisions of the ORVA

​Simple Rules to follow

​• No passengers under the age of 8 when on-road

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• Drivers and passengers must wear an approved motorcycle helmet, and

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• Must use a seat belt and foot rests, where provided, when travelling on-road

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• Graduated licensing requirements apply to young and novice drivers when travelling on-road

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Age

• 12 years of age or older to ride off-road, e.g. trails, private property, or Crown Land. If under age 12 must be under direct supervision of an adult. No licence required.

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• 16 years of age or older with a valid G1, M 1 or greater driver's licence to directly cross a permitted road

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• 16 years of age or older with a valid G2, M2 driver's licence or greater to drive along a permitted road

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• Must be at least 8 years old to be a passenger on a side-by-side, UTV, and also be able to reach and use

the foot rests on a 2-up ATV when on-road

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Off-Road Riding Driver/Passenger Requirements

• Driver must be at least 12 years of age unless they are under direct supervision of an adult.

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• 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

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• Driver must carry the registration permit of the ATV/ORV or a true copy

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• Driver and passengers must wear an approved motorcycle helmet securely fastened under the chin by the chin strap

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Off-Road Riding ATV/ORV Requirements

• ATV/ORV must be registered, have a rear licence plate except in exempt areas such as Far Northern Ontario

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• Must be insured under a motor vehicle liability policy

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Private Property

​ATVs and ORVs that are driven on the vehicle owner's land are exempt from the following:

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​​• Insurance

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• Driver must be at least 12 years of age unless they are under direct supervision of an adult. It is strongly recommended that young riders are always supervised by an adult.

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• Wearing a helmet, although it is strongly recommended that drivers and passengers wear a helmet when they ride

Operating an ORV on a Highway

​•To operate on a Highway (including, ditches &  crossing), requires:

•Permit

•Plate

•Insurance

•Proper helmet and/or Seatbelt

•Driver’s licence of Class G2 or M2 or higher

ØTherefore must be 16 yrs old or older

•Any passenger must be at least 8yrs old

Off-Road Riding Driver/Passenger Requirements

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• 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.

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• 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

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• Driver must carry the registration permit of the ATV/ORV or a true copy

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• Driver and passengers must wear an approved motorcycle helmet securely fastened under the chin by the chin strap

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Off-Road Riding ATV/ORV Requirements

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• ATV/ORV must be registered, have a rear licence plate except in exempt areas such as Far Northern Ontario

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• Must be insured under a motor vehicle liability policy

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​Permit to be carried

​Permit to be carried

(2) Every driver of an off-road vehicle shall carry the permit for it or a true copy thereof and shall surrender the permit or copy for inspection upon demand of a peace officer.  R.S.O. 1990, c. O.4, s. 3 (2).

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Exception

(3) Subsection (2) does not apply to a driver of an off-road vehicle on land where the owner of the vehicle is the occupier of the land.  R.S.O. 1990, c. O.4, s. 3 (3)

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​Driver’s licence

​18. (1) The driver of the off-road vehicle shall hold a valid Class A, B, C, D, E, F, G, G2, M or M2 driver’s licence issued under the Act 

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17. The off-road vehicle shall be insured in accordance with section 2 of the Compulsory Automobile Insurance Act and section 15 of the Off-Road Vehicles Act.  O. Reg. 316/03, s. 17.

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Insurance

15 (1) No person shall drive an off-road vehicle unless it is insured under a motor vehicle liability policy in accordance with the Insurance Act.  R.S.O. 1990, c. O.4, s. 15 (1).

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Production of evidence of insurance

(3) Every driver of an off-road vehicle who is not owner thereof shall, upon the request of a peace officer, surrender for inspection evidence that the vehicle is insured under a motor vehicle liability policy in accordance with the Insurance Act.  R.S.O. 1990, c. O.4, s. 15 (3).

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​Improper number plate

​Improper number

11 Where a peace officer has reason to believe that a number plate attached to an off-road vehicle or the permit carried by the driver,

(a)  was not furnished under this Act for the vehicle;

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(b)  was obtained by false pretences; or

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(c)  has been defaced or altered,

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the peace officer may take possession of the number plate or permit and retain it until the facts as to the use or furnishing of the number plate or permit for the off-road vehicle have been determined.  R.S.O. 1990, c. O.4, s. 11

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​Helmet

​Helmet

19. (1) The driver of the off-road vehicle and every passenger on the vehicle shall wear a helmet that complies with section 19 of the Off-Road Vehicles Act. O. Reg. 135/15, s. 6.

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(2) No person shall drive an off-road vehicle on a highway with a passenger on the vehicle unless the passenger is wearing a helmet as required by subsection (1). O. Reg. 135/15, s. 6.

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Helmet

19 (1) No person shall drive an off-road vehicle or ride on an off-road vehicle or on a conveyance towed by an off-road vehicle unless he or she is wearing a helmet that complies with the regulations, securely fastened under his or her chin with a chin strap.  R.S.O. 1990, c. O.4, s. 19 (1).

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​Age limit for driving

​Age limit for driving

4 (1) No owner of an off-road vehicle shall permit a child under the age of twelve to drive the vehicle.  R.S.O. 1990, c. O.4, s. 4 (1).

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Exception

(2) Subsection (1) does not apply where the child is driving the vehicle,

(a)  on land occupied by the vehicle owner; or

(b)  under the close supervision of an adult.  R.S.O. 1990, c. O.4, s. 4 (2).

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​Speed

​Maximum speed

22. The off-road vehicle shall not be driven at a rate of speed greater than,

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(a) 20 kilometres per hour, if the speed limit established under the Act for that part of the highway is not greater than 50 kilometres per hour; or

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(b) 50 kilometres per hour, if the speed limit established under the Act for that part of the highway is greater than 50 kilometres per hour.  O. Reg. 316/03, s. 22.

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ORVs on Highways – HTA Applies

Where operation on highways is permitted, ORVs are not allowed on the travelled portion of the road or on the shoulder unless safe operation makes this necessary. HTA O Reg 316/03 (s 24(1))

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Under HTA O Reg 316/03, all of the requirements for a motor vehicle—for example, driver’s licence, insurance, registration, and helmet (s 19)—must be met to operate an ORV on highways where ORV use is permitted (s 20)

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The rules for novice drivers carrying passengers are similar to those in the HTA. HTA O Reg 316/03 (s 18)

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Liability of Owner, ORVA, s. 12(1)

Owner/lessee of an ATV is jointly liable with the operator of an ATV who causes damage or personal injury

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Exception if the vehicle was used or taken without the owner’s consent

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Duty to Stop ORVA s. 17 & 18

A peace officer may stop any person driving an off-road vehicle, s. 17(1)

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The owner or occupier of land may stop any person driving an off-road vehicle on the land, s. 17(2)

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Every person who has been signalled to stop by a person authorized to do so under subsection (1) or (2) shall stop forthwith, 17(3)

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Every driver of an off-road vehicle shall stop his or her vehicle when approached by another vehicle with a flashing red light or with flashing red and blue lights,

s. 18(1)

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​Arrest Powers, ORVA s. 17(5)

Every person stopped under section 17 or subsection 18 (1) shall, when so requested, identify himself or herself by giving his or her name and address to the person who stopped him or her, s. 17(4)

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A peace officer who, on reasonable and probable grounds, believes that a contravention of subsection (3) or (4) has been committed, may arrest without warrant any person whom he or she, on reasonable and probable grounds, believes has committed the contravention, s. 17(5)

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Search and Seizure Powers

No specific search powers contained in the ORVA

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If an arrest is made, a search can be conducted under common law powers of searching incident to an arrest

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If the place and/or permit presented for an ATV is not the correct one issued for it, has been obtained by false pretenses, or is altered/defaced, it may be seized pending an investigation

(ORVA, s 11)

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Use of Force and Limitation Period

Use of Force

No specific use-of-force authority in relation to arrest and search

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Limitation Period

None stated, so the general limit of six months applies

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Non-Police Agencies Involved

Ministry of Natural Resources

Environment Canada

Ontario Federation of All-Terrain Vehicle Clubs

Multiple Choice

A conservation officer is defined in the ORVA as a peace officer

• True

• False

Multiple Choice

In order to drive an ATV along or across a highway, the operator must possess a driver’s licence.

• True

• False

​Scenario

​A 33-year-old man is riding a single rider ATV on a rail trail on Crown land when he is stopped by a police officer. The man is not wearing a helmet and refuses to identify himself and fails to produce a permit.

Multiple Select

What offence(s) have been committed - you can pick more than one if they apply

• Fail to surrender permit for off road vehicle

• Fail to identify self

• Fail to wear proper helmet

• No offences has been committed

Multiple Choice

Can the driver be arrested

• True

• False