Driving an Off-road vehicle

Off-road vehicles (sometimes called ORVs) are any two- or three-wheeled motorized vehicles, as well as specific vehicles with four or more wheels as prescribed by regulation, intended for recreational use. Examples of off-road vehicles include all-terrain vehicles (ATVs), two-up ATVs, side-by-side ATVs, utility terrain vehicles (UTVs), amphibious ATVs, off-road motorcycles and dune buggies.

Note: Electric and motorized scooters (commonly known as go-peds) and pocket bikes (which are miniature motorcycles about two feet in height and with a speed of 70-80 km/h) are not off-road vehicles and, as such, cannot be registered as off-road vehicles. These vehicles also do not comply with motorcycle standards and cannot be registered as motorcycles.

I. Getting ready to drive an off-road vehicle

What you need to drive an off-road vehicle in Ontario

You must be 12 years of age or older to drive an off-road vehicle, except on land occupied by the vehicle owner or under the close supervision of an adult. Direct and close supervision by an adult is recommended.

While off-road vehicles are generally not allowed on public roads, there are some exceptions. (See the section “Where you can and cannot drive.“)

Registering and insuring your off-road vehicle

Off-road vehicles must be registered with the Ministry of Transportation at a ServiceOntario centre. This applies to both new and used vehicles. You must be 16 years or older to register an off-road vehicle, and you must be able to prove you own the vehicle.

If you buy a new off-road vehicle, you must get a certificate of sale from the dealer.

If you buy or transfer ownership of a used off-road vehicle, you must present the signed vehicle portion of the vehicle permit from the previous owner.

You must pay a fee to register your off-road vehicle. After regi­stering, you will be given a vehicle permit and licence plate. You should carry the vehicle permit at all times unless you are operating the vehicle on land occupied by the owner of the vehicle.

If you have a two- or three-wheeled vehicle, attach the licence plate to the front of the vehicle in plain view. If you have a vehicle with four or more wheels, attach the licence plate to the rear of the vehicle.

You must register your vehicle within six days of becoming the owner. If you change your address, you must notify the Ministry of Transportation within six days of the change. You may do this in person at a ServiceOntario centre, by mail to the Ministry of Transportation, P.O. Box 9200, Kingston, ON K7L 5K4, or on the ServiceOntario website.

If you are driving your off-road vehicle anywhere other than on the vehicle owner’s property, you must also have vehicle liability insurance. You must carry the insurance card with you and show it if requested by a police officer. If someone else uses your off-road vehicle with your consent, you are both responsible for any penalties, damages or injuries that may occur.

The following vehicles do not need to be registered as off-road vehicles: road-building machines, farm vehicles, golf carts and motorized wheelchairs. In addition, off-road vehicles participating in a rally or competition sponsored by a motorcycle association with more than 25 members do not need to be registered for the event.

Wear a helmet

You must wear a motorcycle helmet, as required by the Highway Traffic Act, whenever you drive or ride on an off-road vehicle or on any vehicle towed by an off-road vehicle. The only exception is when you operate the vehicle on the property of the vehicle owner. The helmet must meet the standards approved for motorcycle helmets, or motor-assisted vehicle helmets, and must be fastened properly under the chin.

Protect your face and body

Always wear a face shield or goggles. A face shield can help prevent windburn, sunblindness and watering eyes from the wind. It can also protect your eyes from branches and twigs when driving through wooded areas. Wear pants that cover your legs, a long-sleeved shirt or jacket to protect your arms and gloves. Boots should be high enough to cover your ankles. To make yourself more visible to others while driving, wear brightly coloured clothing.

Make sure your vehicle is in good condition

Before every trip, check your vehicle to make sure it is in good working order. Your life may depend upon it. Check the vehicle thoroughly before you start to drive, including the following:

• Check the brake control to make sure it moves freely. Adjust if necessary.
• Check that the throttle opens and closes smoothly in all steering positions.
• Check the condition of the tires and tire pressure.
• Check the fuel lines andconnections to make sure there are no leaks.
• Check that you have enough fuel and oil.
• Check that the engine is running smoothly. Make sure the is in neutral before starting the engine.
• Check that your lights are in good working condition.

Before you drive anywhere, read the owner’s manual.

Be well prepared for every trip

Carefully preparing for every trip is an important safety measure. Check local weather forecasts and make sure you tell someone where you will be travelling and when you expect to be back. Use the buddy system; drive with others, not alone. Take along a first-aid kit, a vehicle repair kit, an extra ignition key, a drive belt, spark plugs and a rope. On long trips, include a map and a compass (or a GPS unit and know how to use it), flashlight, hunting knife, hatchet, extra fuel and matches in a waterproof box.

II. Safe and responsible off-road vehicle driving

Where you can and cannot drive

You may not drive an off-road vehicle on most public roads in Ontario. This includes the area between the boundary or property lines, including medians, shoulders and ditches.

There are some exceptions:

• You may drive an off-road vehicle directly across some public roads.
• You may drive certain off-road vehicles with three or more wheels along some public roads when using the vehicle for farming, for licensed hunting or for the trapping of fur-bearing animals, provided that the vehicle weighs 450 kilograms or less and does not have an overall width greater than 1.35 metres (excluding mirrors).
• You may drive an off-road vehicle within a provincial or public park if it is permitted by the park authority.
• Emergency personnel, such as police officers and firefighters, who are performing necessary duties in the course of their work or who are responding to an emergency, may drive off-road vehicles on public roads.

There are also exceptions for the category of off-road vehicles known as all-terrain vehicles (ATVs).

If you do drive an off-road vehicle on or across a public road, you must be at least 16 years of age and have a valid Ontario driver’s licence (Class G2, M2 or higher).

You may not operate an ATV in such a way as to disrupt or destroy the natural environment, including fish habitats, property and plants or trees.

For more specific information on where you may operate off-road vehicles, and what rules you must follow when doing so, you should refer to the Highway Traffic Act and the Off-road Vehicles Act.

All-terrain vehicles (ATVs)

All-terrain vehicles are off-road vehicles with the following characteristics: four wheels, all of which are in contact with the ground; steering handlebars; and a seat designed to be straddled by the driver.

There are sections of provincial highways in Ontario where you may drive an ATV on the shoulder, provided the ATV weighs 450 kilograms or less, does not have an overall width greater than 1.35 metres (excluding mirrors), meets the requirements of the federal Motor Vehicle Safety Act and the American National Standards Institute Standard, and is designed to carry only a driver and no passengers. You must travel in the same direction as the traffic using that side of the road. If there is no shoulder, if the shoulder is obstructed or if you are crossing a level railway crossing, you may drive your vehicle on the paved part of the highway. Keep as close as safely possible to the right of the shoulder or edge of the highway as you can.

Where a road or highway falls under the authority of a municipality, the municipality must enact a bylaw for ATVs to be allowed access to the road. If there is no bylaw in place, you cannot drive an ATV on that road. The municipality may also pass bylaws to decide where andwhen ATVs may be used on these local roads.

For those roads and highways where you are permitted to drive an ATV, you must obey all licensing and operational requirements, and your vehicle must conform to all equipment requirements, as listed in the Highway Traffic Act and the Off-road Vehicles Act. Remember the following rules:

1. You must have a valid Ontario driver’s licence (G2, M2 or higher).
2. You must wear a motorcycle helmet with a chin strap that is securely fastened.
3. You cannot carry passengers on your vehicle.
4. You must drive at speed limits lower than those posted: where the posted speed is 50km/h or less, you must drive 20 km/h or less; where the posted speed is over 50 km/h, you must drive 50 km/h or less.

In general, ATVs are not permitted on controlled-access highways, such as the 400 series highways and most parts of the Trans-Canada Highway, but are allowed access to highways 500 to 899, the 7000 series highways and highways with low traffic volumes.

For more details about which highways ATVs may drive on, please refer to the Highway Traffic Act, Ontario Regulation 316/03.

Obey the rules

You must stop if a police officer signals you to do so. You can also be stopped by a landowner when you are driving on private property. If signalled to stop by an authorized person, you must stop and, if asked, properly identify yourself.

Everyone who drives an off-road vehicle without care and attention or without reasonable consideration for other people and property may be charged with careless driving. Other offences, such as dangerous driving and alcohol related offences, apply to drivers of off-road vehicles. When you drive an off-road vehicle on a public road, the Highway Traffic Act offences also apply.

Report collisions to the police

You must report to the police immediately any collision on a public highway that results in injury to any person or damage to property apparently exceeding $2,000.

Do not drink and drive

It is against the law to drive an off-road vehicle when you are impaired by alcohol or drugs.

Drinking and driving is a deadly combination.

Consuming any amount of alcohol before you ride affects your ability to make good decisions. Even one drink can reduce your ability to concentrate and react to things that happen suddenly when you are driving. With more alcohol in your blood, you could have trouble judging distances and your vision may become blurred. Factors like tiredness, your mood, and how long ago you ate and how much, can make a difference in how alcohol affects your driving ability.

The police can stop any driver to determine if alcohol or drug testing is required. They may also do roadside spot checks. When stopped by the police, you may be told to blow into a machine that tests your breath for alcohol, a roadside screening device, or perform physical co-ordination tests. If you fail or refuse to provide a breath sample or to perform the physical co-ordination tests, you will be charged under the Criminal Code.

If the reading on the machine shows you have been drinking, you may be taken to a police station for a breathalyzer test. The breathalyzer uses your breath to measure the amount of alcohol in your bloodstream.

If you cannot give a breath sample or it is impractical to obtain a sample of breath, the police officer can require you to provide a blood sample instead.

If the police believe that a driver is impaired because of the consumption of a drug or a combination of alcohol and a drug, they can also require a driver to submit to an evaluation and then require a driver to provide blood, oral fluid or urine samples. If you fail or refuse to comply with any of these demands, you will be charged under the Criminal Code.

Driving impaired or with more than 80 milligrams of alcohol in 100 millilitres of blood (.08) is an offence under the Criminal Code. Even if your blood-alcohol concentration (BAC) is less than .08, you can still be charged with impaired driving under the Criminal Code.

You will receive an immediate 90-day administrative driver’s licence suspension if BAC is more than .08 or if you fail or refuse to provide a breath or bodily fluid sample, perform a physical co-ordination test or submit to an evaluation.

If you register in the “warn range” of .05 to .08 on a roadside screening device, you will receive an immediate driver’s licence suspension. For a first occurrence, you will be suspended for three days. For a second occurrence in a five-year period, you will be immediately suspended for seven days and you must undergo a remedial alcohol-education program. For a third or subsequent time in a five-year period, you will be immediately suspended for 30 days, and you must undergo a remedial alcohol-treatment program and have an ignition interlock condition placed on your licence for six months. If you choose not to install an ignition interlock device, you must not drive until the condition is removed from your licence.

If you are 21 years old and under and hold a full-class driver’s licence, you must not drive if you have been drinking alcohol. Your blood-alcohol level must be zero. If you are caught driving with alcohol in your blood, you will receive an immediate driver’s licence suspension at the roadside for 24 hours and, if convicted, you will face a fine and a 30-day licence suspension.

Drivers of all ages in either Level One or Level Two of Ontario’s graduated licensing system must also have a blood-alcohol level of zero when driving. New drivers caught drinking and driving will receive an immediate driver’s licence suspension at the roadside for 24 hours and, if convicted, will face a fine and will receive a suspension period as per the Novice Driver Escalating Sanctions scheme. For the first occurrence, you will be suspended for 30 days. For the second occurrence, in a five-year period, you be suspended for 90 days. For the third occurrence in a five-year period, the novice portion of your driver’s licence will be cancelled, and you must reapply for a G1 licence.

Novice drivers will also be charged under the Criminal Code if their BAC exceeds .08 and will be issued a “warn range” suspension if they register a BAC from .05 to .08.

Drugs

Any drug that changes your mood or the way you see and feel about the world around you will affect the way you drive. Criminal Code and HTA sanctions apply to drivers impaired by alcohol or a drug.

In circumstances involving possible impairment by a drug or a combination of alcohol and a drug, police can require a driver to perform physical co-ordination tests and to submit to an evaluation and then require a driver to provide blood, oral fluid or urine samples. If you fail or refuse to comply with any of these demands, you will be charged under the Criminal Code. You will also receive an immediate 90-day administrative driver’s licence suspension.

Illegal drugs such as marijuana and cocaine are not the only problem. Some drugs that your doctor may prescribe for you and some over-the-counter drugs can also impair your driving. Here are some points you should remember:

• If you use prescription medicines or get allergy shots, ask your doctor about side effects such as dizziness, blurred vision, nausea or drowsiness that could affect your driving.
• Read the information on the package of any over-the-counter medicine you take. Any stimulant, diet pill, tranquillizer or sedative may affect your driving. Even allergy and cold remedies may have ingredients that could affect your driving.
• Drugs and any amount of alcohol together can have dangerous effects, even several days after you have taken the drug. Do not take a chance; ask your doctor or pharmacist.

Do not carry passengers

Do not carry passengers on an off-road vehicle designed for one person. Carrying passengers changes the weight distribution of the vehicle and limits your ability to shift position on the vehicle for control and stability.

Practice safe driving skills

Driving an off-road vehicle is different than driving any other type of vehicle, and takes more skill than you might think. Be sure to read your owner’s manual before you begin to drive.

If you are a beginner, practise driving your vehicle in an open area that is free of obstacles, until you become skilled at handling it. Choose ground that is uniform, either dirt, sand or snow. Avoid paved surfaces when driving an off-road vehicle. ATVs are designed for off-road use and are more difficult to manoeuvre on paved surfaces. When driving, keep both feet on the footrests at all times. Do not try to stabilize a tipping vehicle by putting your foot down. You could run over your foot or leg.

Be extremely careful driving through water. Driving fast across unknown water is dangerous. Hidden rocks or holes could throw you off the vehicle and cause serious injury or drowning. First, check that the water is not too deep. Drive slowly and carefully so you can steer around rocks and other obstacles.

Always use a flag mast when driving in dunes and hills. Remember that you need a running start to climb most hills. Be extra cautious when driving among pedestrians, horseback riders, sunbathers or bicyclists.

Read the Snowmobiler’s Code of Ethics, and follow it when driving your off-road vehicle.