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Atv With Tracks - Status And Case Law

Author: RileyP


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RileyP
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Atv With Tracks - Status And Case Law

Unread post by RileyP »

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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Re: Atv With Tracks - Status And Case Law

Unread post by hwybear »

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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Re: Atv With Tracks - Status And Case Law

Unread post by viper1 »

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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Re: Atv With Tracks - Status And Case Law

Unread post by RileyP »

> 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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Re: Atv With Tracks - Status And Case Law

Unread post by hwybear »

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
Rusty97
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Re: Atv With Tracks - Status And Case Law

Unread post by Rusty97 »

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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