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Atv With Tracks - Status And Case Law
Posted: Mon Dec 03, 2012 8:40 pm
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.
Re: Atv With Tracks - Status And Case Law
Posted: Tue Dec 04, 2012 6:45 am
by hwybear
on that note, "side-by-side" ORV can not be driven on any road either!
Re: Atv With Tracks - Status And Case Law
Posted: Tue Dec 04, 2012 8:17 pm
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.
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.
Cheers
Viper1
Re: Atv With Tracks - Status And Case Law
Posted: Tue Dec 04, 2012 10:36 pm
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.
Re: Atv With Tracks - Status And Case Law
Posted: Wed Dec 05, 2012 7:35 am
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.
Re: Atv With Tracks - Status And Case Law
Posted: Sat Dec 22, 2012 8:43 pm
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?