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is it legal? atv with snow plow
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PostPosted: Sun Jan 01, 2017 10:48 am 
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Joined: Fri Dec 30, 2016 1:02 pm
Posts: 6
Location: petawawa, ontario
Is it legal to drive an atv equipped with snow plow attached on the shoulder of the road from one residence to another in a town that has no ATV or OFF Road vehicle bylaw?

My atv is outfitted with a snow plow blade, slow moving vehicle sign, flashing amber lights visible in all directions, proper licencing, ownership, insurance an I wear a Dot approved helmet with the chin strap done up. Any help would be appreciated. Would my ATV be considered a snow removal vehicle so I have the same right as tractors ect that run up and down the road for the purpose of snow removal. In addition to this with the plow attatched I cannot travel more than 25 km/h.

thanks,
any help would greatly appreciated as I cannot find a definition any where in HTA for definition of a snow removal vehicle.


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Re: is it legal? atv with snow plow
PostPosted: Sun Jan 01, 2017 11:35 am 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 717
Check the provisions of the Off Road Vehicle Act which permit some road movement. I think the addition of the blade is a red herring.

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


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Re: is it legal? atv with snow plow
PostPosted: Sun Jan 01, 2017 11:43 am 
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Joined: Fri Dec 30, 2016 1:02 pm
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Location: petawawa, ontario
red herring??


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Re: is it legal? atv with snow plow
PostPosted: Sun Jan 01, 2017 12:22 pm 
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Joined: Tue Sep 15, 2015 10:20 am
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Section 2 of the Off-Road Vehicles act states:
2. (1) This Act does not apply in respect of off-road vehicles being operated on a highway.

Therefore, do not go to the ORVA, go to the Highway Traffic Act


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Re: is it legal? atv with snow plow
PostPosted: Sun Jan 01, 2017 12:30 pm 
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Joined: Tue Sep 15, 2015 10:20 am
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HTA Section: 191.8 (1)
Did you get a ticket or are you just doing research so you don't get one? There seems to be no exemption for an ATV for doing snow removal...You surely seem to be doing things right: lights, helmet, licencing and such.

I have never heard of a cop giving a ticket for that...I see people all over doing it without being bothered...


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Re: is it legal? atv with snow plow
PostPosted: Sun Jan 01, 2017 12:53 pm 
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Joined: Fri Dec 30, 2016 1:02 pm
Posts: 6
Location: petawawa, ontario
I got a warning. was told no more. it is a small community so I am well known. I don't know what else to do. Researching now. Part x.3 of HTA im ok cause there is no by-law. but under Ontario reg 316/03 off road vehicles on highways, Part 2 (a),(b),(c) im having a hard time with. I was told if I was caught again id have the paper work thrown at me. so with that said I just don't know if I should continue to keep doing it and fight the charges if charges laid. in addition to this, it would mean that my tires technically cant go on the road when doing my end of driveway.


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Re: is it legal? atv with snow plow
PostPosted: Sun Jan 01, 2017 1:08 pm 
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Joined: Fri Dec 30, 2016 1:02 pm
Posts: 6
Location: petawawa, ontario
Definition of a firefighter in FPPA 1997 definition:

“firefighter” means a fire chief and any other person employed in, or appointed to, a fire department and assigned to undertake fire protection services, and includes a volunteer firefighter; (“pompier”)

so I am a firefighter. HTA says:

HTA part II , 2 (b) as permitted by part IV

par IV exemptions 25 (c) a fire fighter as defined in the Fire Prevention Act, 1997

So with the definition of a firefighter doe it mean I have to be carrying out fire dept duties? what is your take?


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Re: is it legal? atv with snow plow
PostPosted: Sun Jan 01, 2017 1:57 pm 
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Joined: Fri Dec 30, 2016 1:02 pm
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Location: petawawa, ontario
I cant figure it out...so confused. disregard the post about exemptions please and firefighter, read it wrong first time around. in a nut shell I think I am screwed and cant do it unless I was a tractor.


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Re: is it legal? atv with snow plow
PostPosted: Sun Jan 01, 2017 2:29 pm 
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Joined: Tue Sep 15, 2015 10:20 am
Posts: 287
Petawawa has no by-law allowing atv's to run on their roadways...so I would agree with you, you are screwed...Have you approached your town counsel to see if they would consider an atv by-law?


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Re: is it legal? atv with snow plow
PostPosted: Sun Jan 01, 2017 11:25 pm 
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Joined: Fri Dec 30, 2016 1:02 pm
Posts: 6
Location: petawawa, ontario
I guess now doing a proposal for winter use of atv with plow bylaw as they have been approached numerous times for a atv bylaw and refuse to pass one. does anyone know where I can find a definition for a snow removal vehicle in hta that an atv can be modified to meet to get around off road vehicle bylaw? also anyone know the definition for a "farmer" and could I consider atv with a plow a farm vehicle some how?


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Re: is it legal? atv with snow plow
PostPosted: Mon Jan 02, 2017 9:13 pm 
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Joined: Mon Mar 14, 2011 11:31 am
Posts: 642
You can't "get around" the definition. An off road vehicle is an off road vehicle. It doesn't matter how you dress it up, it's still and off road vehicle.


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