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?
Improper Licence-dirtbike?
-
Stanton
- High Authority

- Posts: 2111
- Joined: Tue Feb 01, 2011 8:49 pm
- Location: Ontario
-
Posting Awards
Re: Improper Licence-dirtbike?
lderegt wrote:
Im wondering if i could fight the ticket as you dont need your motorcycle class licence to drive a dirtbike
I think youre incorrect. I know you dont 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. ATVs 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 dont have this exemption, hence still arent 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 youd 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 youre interested: https://www.canlii.org/en/on/laws/stat/ ... -c-o4.html
Re: Improper Licence-dirtbike?
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).
Re: Improper Licence-dirtbike?
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?
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).
Re: Improper Licence-dirtbike?
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.
Re: Improper Licence-dirtbike?
Under the HTA a
"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.
Re: Improper Licence-dirtbike?
I would just pay it. Sounds like you got a deal - the copper could have been writing for a while !
Similar Topics
-
-
- Old fine ?: 32(1) Driving without a licence/improper licence
- Posted in General Talk
- By TFCFAN on
- Replies: 2
-
-
-
-
- Improper use of high occupancy lane (on hwy 7) & fail to surrender licence
- Posted in General Talk
- By jeffong_hk on
- Replies: 4
-
-
-
- Improper vehicle description on disclosure and improper signage?
- Posted in Speed Traps
- By probe1989 on
- Replies: 2
-
-
-
-
-
-
-
-
-
-
-
-
- Will Ontario tickets affect my Alberta licence?
- Posted in General Talk
- By Deus on
- Replies: 2
-
-
-
-
- Hearing re terms of licence Sect 94
- Posted in PART 6: Equipment
- By racer on
-
-
-
- Motor vehicle inspection station licence Sect 91
- Posted in PART 6: Equipment
- By racer on
-
-
-
-
- Fail to change address on driver licence
- Posted in General Talk
- By itjustonlyme on
- Replies: 2
-
-
-
- NOTICE of SUSPENSION OF DRIVERS LICENCE
- Posted in General Talk
- By NFA-DL on
- Replies: 3
-
Featured Topics
lift laws, bumper height laws, headlight height laws
hey all im lifting my 03 f350 crew cab..
and ive called 3 different local police stations with NO HELP AT ALL...
im wondering...
is there bumper height laws?
headlight height laws?
what is a headlight?? ( like can i put any light at the proper level and it be legal?? or does it have to be a certain…
Falsely Accused of Handheld Device Usage
Hi!
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…
Radar Gun Error Code & Incomplete Disclosure
Hello,
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
The cop was using hand held radar,…
Fail to Stop for School Bus- Owner - 175 (20)
Hi everyone,
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…
Prohibited Turn Sign Cannot be Seen
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
Novice Driver B.A.C Above 0%
heres the story
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Red Light Camera has extended delay for ticket
Hello Folks,
Well please confirm a couple of things.
1> Red Light Camera ticket is a "parking ticket" in essence, does not go on the record, so could just pay and forget.
2> Can early resolution, bring down the ticket fine, only reason would be excellent driving record, last 10 years. If…
Improper Left Turn: Harbor & Yonge St
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
How To Fight A No Seatbelt Ticket
The key ruling on fighting a seatbelt ticket is R. v. Kanda, 2008 and an example of it's application is R. v. Gupta, 2008.
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Have trial next week for Failure to Obey Stop Sign
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…
