2 Up Atv/orv Tickets
Hello all, my husband was recently stopped by a member of the OPP SAVE team near our home while riding a "2 UP" ATV. The 2 UP is designed and comes from the manufacturer to carry a passenger but at this time is considered an ORV(off road vehicle) under the current ORV Act. Just to give a bit of background......our home is situated near an ATV trail system run by an area ATV club. There are a few entrances to get on to the trail system near by but you need to take the road to get there. Our local OPP work well with the club and don't usually stop or give anyone problems as long as your wearing a helmet and not acting stupid. There have recently been complaints by landowners of dirt bikes on the trails which aren't allowed. Being that this was in our area my husband has been patrolling the trails and on this particular day he was stopped on his way to the trail. The road that we take to the trail is an unlined township road that we drive on the shoulder until reaching the trail. The officer of this special unit was also in the area this day to set up check points due to the complaints but was not a local OPP. Though my husband explained where he was going and for what reason and the fact that the local OPP are good with it the officer was not lenient and issued to tickets. 1 for unlawfully driving ORV on highway contrary to HTA Ont Reg 316/03 and number 2 ORV speeding more than 20km/hr when speed limit is 50km/h or less, contrary to HTA Reg 316/03. My husband says he wasn't speeding because as soon as he turned onto the road you could see the checkpoint where the officer was standing in the middle of the road stopping traffic. He certainly didn't speed up to the officer. So being that this is an off road vehicle we are unsure how this affects things compared to tickets received for a regular vehicle.
1. Do we have any leg to stand on in fighting the tickets or getting them quashed?
2. How is this type offences processed and does this affect his licencing record and insurance?
Any insight you can provide on the above or in general would be helpful, we are have 5 days left to choose an option for the tickets. Thank you.