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Improper Licence-dirtbike?
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PostPosted: Sun Jun 29, 2014 4:26 pm 
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Joined: Sun Jun 29, 2014 4:01 pm
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I was heading down a gravel road near Parkhill on my dirtbike, no speeding or causing any trouble. Next thing i know, two cruisers are behind me with lights and sirens. I didn't have my licence(G2) with me, nor proof of insurance or ownership and my licence plate was at home. I got a ticket "Drive motor vehicle-improper licence" with 260.00$ fine plus tax. Im wondering if i could fight the ticket as you dont need your motorcycle class licence to drive a dirtbike, just doesn't make sense to me. Thankful she didn't rack up the tickets and impound the bike. What are your thoughts?


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Re: Improper Licence-dirtbike?
PostPosted: Sun Jun 29, 2014 5:20 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
lderegt wrote:
Im wondering if i could fight the ticket as you dont need your motorcycle class licence to drive a dirtbike


I think you’re incorrect. I know you don’t require a licence to drive on private property, but public roadways are a different story.

The Off Road Vehicles Act grants certain exemptions for road use, but I believe they only apply to four wheel ATVs. ATV’s can be operated along a roadway if the driver is licenced and the vehicle insured and plated (no different really than any other motor vehicle). Dirt bikes don’t have this exemption, hence still aren’t legal for road use. And while not legal for road use, they would still meet the definition of motorcycle under the Highway Traffic Act. That means you’d require an M licence to drive one along the roadway.

Maybe someone with more knowledge will correct me, but unless you were on private property I think the charge is correct.

The Off-Road Vehicles Act can be found here if you’re interested: https://www.canlii.org/en/on/laws/stat/ ... -c-o4.html


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Re: Improper Licence-dirtbike?
PostPosted: Sun Jun 29, 2014 5:29 pm 
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Joined: Wed Sep 19, 2012 1:44 am
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A license isn't required if you're not traveling on an Ontario Highway. You need a M class license when traveling on an Ontario "highway". Highway meaning basically any road maintained by the province. Just because a road is gravel, doesn't mean it isn't considered a highway. You would need your M class license, insurance specifically for your bike (which is needed anyways, even for off road), registration, and the appropriate blue plate (not an off road plate).


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Re: Improper Licence-dirtbike?
PostPosted: Mon Jun 30, 2014 5:49 pm 
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Joined: Thu Sep 29, 2011 7:26 am
Posts: 18
bend wrote:
insurance specifically for your bike (which is needed anyways, even for off road)


bend

If you are driving your own dirt bike on your own property, do you actually need insurance? It seems that neither of the two sections below apply. Is this correct?


Quote:
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).

Idem
(4) Every owner of an off-road vehicle that is driven on land other than land that the owner occupies shall, upon request of a peace officer, surrender, for inspection, within seventy-two hours after the request is made, evidence that the vehicle was insured under a motor vehicle liability policy in accordance with the Insurance Act at the time it was driven. R.S.O. 1990, c. O.4, s. 15 (4).


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Re: Improper Licence-dirtbike?
PostPosted: Mon Jun 30, 2014 10:11 pm 
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Joined: Wed Sep 19, 2012 1:44 am
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jetblue wrote:
bend

If you are driving your own dirt bike on your own property, do you actually need insurance? It seems that neither of the two sections below apply. Is this correct?


No, and neither would registration be required. Although, they are both needed if you plan on ever leaving your property. That includes whether you never plan on using public and are solely using it for off road purposes. You can get just strictly road insurance if that's all you ever need. The rates aren't usually that expensive depending on your history.


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Re: Improper Licence-dirtbike?
PostPosted: Tue Jul 01, 2014 3:34 am 
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Joined: Sun Jul 17, 2011 5:57 pm
Posts: 18
Under the HTA a
Quote:
“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

in other words all public roads, no matter who maintains them, municipalities, etc., not just Ontario.


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Re: Improper Licence-dirtbike?
PostPosted: Sat Jul 05, 2014 9:48 am 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 813
I would just pay it. Sounds like you got a deal - the copper could have been writing for a while !

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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