ATV With Tracks - Status and Case Law

RileyP
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ATV With Tracks - Status and Case Law

Unread post by RileyP on

Is there any hope of Ontario updating either the HTA or ORV to permit ATVs with tracks on roads?

Having tracks puts the ATV in a no-man's land as far as legislation is concerned. It's not an ATV because it doesn't have wheels - even though you straddle it to ride.

If the law says a track excludes the machine from being classed as an ATV, could one add a snow plow and argue that its main purpose must be for 'road building' purposes?

Has there been any case law where a judge has made a ruling on a tracked ATV usage?

It's so nonsensical that I'm required to trailer my ATV along a snowy road to reach a trail even though my ATV with tracks is far safer in deep snow than any car. :x


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hwybear
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Unread post by hwybear on

on that note, "side-by-side" ORV can not be driven on any road either!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


viper1
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Unread post by viper1 on

RileyP wrote:Is there any hope of Ontario updating either the HTA or ORV to permit ATVs with tracks on roads?

Having tracks puts the ATV in a no-man's land as far as legislation is concerned. It's not an ATV because it doesn't have wheels - even though you straddle it to ride.

If the law says a track excludes the machine from being classed as an ATV, could one add a snow plow and argue that its main purpose must be for 'road building' purposes?

Has there been any case law where a judge has made a ruling on a tracked ATV usage?

It's so nonsensical that I'm required to trailer my ATV along a snowy road to reach a trail even though my ATV with tracks is far safer in deep snow than any car. :x
If it is that deep how is any cop going to pull you over?

Reminds me of the canadien car chase on u-tube.

Not sure why you need any case law in the wilderness?

No one cares.

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RileyP
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Unread post by RileyP on

> Not sure why you need any case law in the wilderness?
> No one cares.

Believe it or not, the OPP pull over ATVers and issue tickets even in the wilderness.

Try driving your Can-Am Outlander MAX on a public road with the passenger seat installed. Even if there's no passenger, some cops will stop you - just to make sure you know how knowledgeable they are about the HTA and OVR.

So, it would be helpful in fighting a ticket to know anyone else's experience related to an ATV with tracks on a public road.


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hwybear
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Unread post by hwybear on

RileyP wrote:> Not sure why you need any case law in the wilderness?
> No one cares.

Believe it or not, the OPP pull over ATVers and issue tickets even in the wilderness.

Try driving your Can-Am Outlander MAX on a public road with the passenger seat installed. Even if there's no passenger, some cops will stop you - just to make sure you know how knowledgeable they are about the HTA and OVR. .
and we still get impaired drivers on them (2 this fall), those without helmets too.
Now funny you mention the seat issue, would not believe how many (90%) with after market seats claim they didnt know you could not have a passenger, therefore as courtesy we mention to those in compliance so they can assist in passing it on to friends/family.
Out of all I stopped, close to 300 machines during hunting, 1 with no helmet, 2 with no chin strap, 4 doubled up and a few side by sides.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Unread post by Rusty97 on

RileyP wrote:> Believe it or not, the OPP pull over ATVers and issue tickets even in the wilderness.
I was recently pulled over while driving a side-by-side ORV on what I think is a trail; but officer claims is a "highway". Have you read definition of "highway"? Quite vague indeed!

What is the appropriate forum to discussing fighting my ticket?






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