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Off-Road Vehicles Act

R.R.O. 1990, REGULATION 863

GENERAL

Consolidation Period: From June 8, 2016 to the e-Laws currency date.

Last amendment:  O. Reg. 182/16.

This is the English version of a bilingual regulation.

1. In this Regulation,

“dune buggy” means a self-propelled vehicle with four or more wheels that has been manufactured or modified for off-road use but does not include an amphibious vehicle with six or more wheels; (“autodune”)

“motorcycle association” means a motorcycle club or association that has or is affiliated with a motorcycle club or association that has a published constitution and a membership roster of more than twenty-four persons; (“association de motocyclistes”)

“road-building machine” means a self-propelled vehicle of a design commonly used in the construction or maintenance of highways, including but not limited to,

(a) an asphalt spreader, concrete paving or finishing machine, motor grader, roller, tractor-dozer and motor scraper,

(b) a tracked and wheeled tractor equipped with mowers, post-hole diggers, compactors, weed spraying equipment, snow blowers, snow plow, front-end loader, back-hoe, rock drill or litter collection vehicle, and

(c) a power shovel on tracks and drag lines on tracks,

but not including a commercial motor vehicle; (“machine à construire des routes”)

“self-propelled implement of husbandry” means a self-propelled vehicle manufactured, designed, redesigned, converted or reconstructed for a specific use in farming and used for farming purposes; (“matériel agricole automoteur”)

“wheelchair” means a chair mounted on wheels propelled or driven otherwise than by muscular power and used for the carriage of a person who has a physical defect or disability. (“fauteuil roulant”)  R.R.O. 1990, Reg. 863, s. 1.

2. (1) The following are designated as classes of vehicles that are exempt from the provisions of the Act and this Regulation:

1. Golf carts.

2. Road-building machines.

3. Self-propelled implements of husbandry.

4. Wheelchairs.

5. Off-road vehicles driven or exhibited at a closed course competition or rally sponsored by a motorcycle association.  R.R.O. 1990, Reg. 863, s. 2 (1).

(2) Motorcycles, as defined in the Highway Traffic Act, that are,

(a) lent to a motorcycle driver training school by a manufacturer or dealer for the purpose of driver training;

(b) used in an area designated for driver training by the school; and

(c) driven by persons enrolled in the driver training course or by course instructors for instruction purposes,

are designated as a class of off-road vehicle to which section 3 of the Act does not apply.  R.R.O. 1990, Reg. 863, s. 2 (2).

3. For the purposes of the definition of “off-road vehicle” in section 1 of the Act, the following classes of vehicles are prescribed:

1. Dune buggies.

1.1 Vehicles designed for use on all terrains, commonly known as all-terrain vehicles, that have steering handlebars and a seat that is designed to be straddled by the driver.

1.2 Vehicles designed for utility applications or uses on all terrains that have four or more wheels and a seat that is not designed to be straddled by the driver.

2. Suzukis, Model Numbers LT125D, LT50E, LT125E, LT185E, LT250EF and LT250EFF.

3. Hondas, Model Numbers FL250 series and TRX200.

4. Yamahas, Model Number YFM 200N.  R.R.O. 1990, Reg. 863, s. 3; O. Reg. 317/03, s. 1.

4. (1) The areas set out in Schedule 1 are designated as areas within which subsection 2 (2) of the Act does not apply.  O. Reg. 317/03, s. 2.

(2) Where a highway is referred to in Schedule 1 by a number or name, the reference is to that part of the King’s Highway that is known thereby.  R.R.O. 1990, Reg. 863, s. 4 (2).

5. The areas set out in Schedule 2 are designated as areas within which subsections 3 (1) and (2) of the Act do not apply.  R.R.O. 1990, Reg. 863, s. 5.

6. (1) Off-road vehicles owned by persons not residing in Ontario are designated as a class of vehicle.  R.R.O. 1990, Reg. 863, s. 6 (1).

(2) Vehicles of a class designated under subsection (1) are exempt from the provisions of section 3 of the Act if they are registered in another jurisdiction and have number plates furnished by the other jurisdiction attached.  R.R.O. 1990, Reg. 863, s. 6 (2).

7. The number plate for an off-road vehicle,

(a) with three or less wheels, shall be securely mounted on the front of the vehicle in a conspicuous position; or

(b) with more than three wheels, shall be securely mounted in a conspicuous position on the rear of the vehicle.  R.R.O. 1990, Reg. 863, s. 7.

8. (1) For the purposes of subsection 8 (3) of the Act, the permit holder of an off-road vehicle is required to have in his or her possession,

(a) the vehicle portion of the permit issued for the vehicle bearing the date of purchase and the signature of the vendor of the used vehicle; and

(b) the plate portion of the permit that corresponds with the number plate affixed to the vehicle.  R.R.O. 1990, Reg. 863, s. 8 (1).

(2) For the purposes of subsection 8 (4) of the Act, a person driving an off-road vehicle is required to carry the documents referred to in subsection (1) or true copies thereof, and to surrender them for inspection upon the demand of a peace officer.  R.R.O. 1990, Reg. 863, s. 8 (2).

9. A permit for an off-road vehicle may be terminated by surrendering it to the Ministry.  R.R.O. 1990, Reg. 863, s. 9.

10. (1) Dealer and Service permits and number plates may be issued to manufacturers of or dealers in off-road vehicles or to persons engaged in the business of repairing, customizing, modifying or transporting off-road vehicles.  R.R.O. 1990, Reg. 863, s. 10 (1).

(2) A Dealer and Service number plate may be used only,

(a) on a vehicle in the possession of the person to whom the corresponding permit was issued; and

(b) for purposes related to the sale, repair, customization or modification of the vehicle on which it is used or, in the case of a person engaged in the business of transporting vehicles, for purposes of transporting the vehicles.  R.R.O. 1990, Reg. 863, s. 10 (2).

(3) The Dealer and Service number plate for an off-road vehicle,

(a) with three or less wheels, shall be securely mounted in a conspicuous position on the front of the vehicle; or

(b) with more than three wheels, shall be securely mounted in a conspicuous position on the rear of the vehicle.  R.R.O. 1990, Reg. 863, s. 10 (3).

(4) Subsection 8 (3) of the Act does not apply to a person referred to in subsection (1) with respect to a vehicle in the person’s possession for purposes related to the sale, repair, customization or modification of the vehicle or, in the case of a person engaged in the business of transporting vehicles, for purposes of transporting the vehicle.  R.R.O. 1990, Reg. 863, s. 10 (4).

11. The requirements for a helmet for the purpose of section 19 of the Off-Road Vehicles Act are those set out for motorcycles in Regulation 610 of the Revised Regulations of Ontario, 1990 made under the Highway Traffic Act.  O. Reg. 317/03, s. 3.

General Fees

12. (1) The following fees shall be paid to the Ministry:

 

1.

For a permit for an off-road vehicle

$10

2.

For a permit and number plate for an off-road vehicle

38

3.

For an application for a duplicate permit for an off-road vehicle, in case of loss or destruction

10

4.

For the replacement of a permit and number plate, in case of loss or destruction

20

5.

For a Dealer and Service Permit and number plate

55

6.

For a copy of any writing, paper or document, other than an accident report, related to an off-road vehicle filed in the Ministry or any statement containing information from the records

6

7.

For a copy of an accident report

12

8.

For certification of a copy of any writing, paper or document related to an off-road vehicle filed in the Ministry or any statement containing information from the records

6

9.

For administrative costs for processing a cheque that is not honoured

10

10.

For each search of off-road vehicle records by vehicle identification number, plate number or name or identification number of registered owner or permit holder

12

O. Reg. 406/93, s. 1; O. Reg. 577/94, s. 1; O. Reg. 170/12, s. 1.

(2) The fees set out in subsection (1) do not apply to an off-road vehicle owned by the Government of the Province of Ontario.  R.R.O. 1990, Reg. 863, s. 12 (2).

SCHEDULE 1

1. All of the King’s Highway known as Nos. 69, 400, 401, 402, 403, 404, 405, 409, 410, 412, 416, 417 and 427.

1.1 All of the King’s Highway known as Highway 407 East.

1.2 All of the private toll highway known as Highway 407.

2. That part of the King’s Highway known as No. 406 lying between a point at its intersection with the King’s Highway known as the Queen Elizabeth Way in the City of St. Catharines and a point at its intersection with the roadway known as Holland Road in the Town of Thorold.

3. That part of the King’s Highway known as No. 420 in the City of Niagara Falls lying between a point at its intersection with the King’s Highway known as the Queen Elizabeth Way and a point at its intersection with the roadway known as Stanley Avenue.

4. All of the King’s Highway known as the Queen Elizabeth Way.

5. All of the King’s Highway known as No. 2A in the City of Scarborough.

6. That part of the King’s Highway known as No. 2 in the Town of Ancaster lying between a point at its intersection with the King’s Highway known as No. 403 and a point at its intersection with the King’s Highway known as No. 2/53.

7. That part of the King’s Highway known as No. 2/53 in the Town of Ancaster lying between a point at its intersection with the King’s Highway known as No. 2 and a point at its intersection with the western boundary of The Regional Municipality of Hamilton-Wentworth.

8. That part of the King’s Highway known as No. 5 lying between a point at its intersection with the King’s Highway known as No. 403 at the Halton Region boundary and a point at its intersection with the King’s Highway known as No. 6 in the Town of Flamborough.

9. That part of the King’s Highway known as No. 6 lying between a point at its intersection with the King’s Highway known as No. 403 at the Town of Dundas boundary and a point at its intersection with the King’s Highway known as No. 401 in Wellington County.

10. That part of the King’s Highway known as No. 6 lying between a point at its intersection with the southern boundary of The Regional Municipality of Hamilton-Wentworth and the roadway known as Alderlea Avenue in the Township of Glanbrook.

11. That part of the King’s Highway known as No. 7 in the City of Brampton lying between a point at its intersection with the King’s Highway known as No. 7/410 (Heart Lake Road) and a point at its western intersection with the roadway known as Chinguacousy Road (Second Line Road West).

12. That part of the King’s Highway known as No. 7/410 (Heart Lake Road) in the City of Brampton lying between a point at its northern intersection with the King’s Highway known as No. 7 (Bovaird Drive) and a point at its southern intersection with the King’s Highway known as No. 7 (Queen Street East).

13. That part of the King’s Highway known as No. 7 lying between a point at its intersection with the King’s Highway known as No. 7/410 (Heart Lake Road) in the City of Brampton and a point at its intersection with the King’s Highway known as the Markham By-Pass in The Regional Municipality of York.

14. That part of the King’s Highway known as No. 7 lying between a point at its intersection with the King’s Highway known as No. 28/115 in the City of Peterborough and a point at its intersection with the eastern boundary of the City of Peterborough.

15. That part of the King’s Highway known as No. 7 lying between a point at its intersection with the western limit of the King’s Highway known as No. 417 in the Township of West Carleton and a point at its intersection with the King’s Highway known as No. 15 in the Township of Beckwith.

16. That part of the King’s Highway known as No. 7 lying between a point at its intersection with the roadway known as Victoria Street in the City of Kitchener and a point at its intersection with the King’s Highway known as No. 8.

17. That part of the King’s Highway known as No. 7/8 lying between a point at its intersection with the eastern limit of the roadway known as Waterloo Road No. 5 in the Township of Wilmot and a point at its intersection with the King’s Highway known as No. 8 in the City of Kitchener.

18. That part of the King’s Highway known as No. 7187 lying between a point at its intersection with the King’s Highway known as No. 401 and a point at its intersection with the King’s Highway known as No. 8 (King Street) in the City of Kitchener.

19. That part of the King’s Highway known as No. 8 lying between a point at its intersection with the King’s Highway known as No. 7187 and a point at its intersection with the King’s Highway known as No. 7/8 in the City of Kitchener.

20. That part of the King’s Highway known as No. 11 in the City of Orillia lying between a point at its intersection with the roadway known as Memorial Avenue and a point at its intersection with the roadway known as Laclie Street.

21. That part of the King’s Highway known as No. 9 lying between a point at its intersection with the King’s Highway known as No. 11 in the Town of Newmarket and a point at its intersection with the King’s Highway known as No. 10 in the Township of Mono.

22. That part of the King’s Highway known as No. 10 lying between a point at its intersection with the roadway known as Burnhamthorpe Road in the City of Mississauga and a point at its intersection the northern boundary of the City of Brampton (Mayfield Road).

23. That part of the King’s Highway known as No. 20 (Centennial Parkway) in the City of Stoney Creek lying between a point at its intersection with the King’s Highway known as No. 53 (Rymals Road) and a point at its intersection with the roadway known as King Street.

24. That part of the King’s Highway known as No. 27 lying between a point at its intersection with the roadway known as Eglinton Avenue in the City of Etobicoke and a point at its intersection with the roadway known as Regional Road No. 49 (Nashville Road) in the City of Vaughan.

25. That part of the King’s Highway known as No. 28/115 lying between a point at its intersection with the King’s Highway known as No. 7A/115 at the western boundary of the Township of North Monagan and a point at its intersection with the King’s Highway known as No. 7 in the City of Peterborough.

26. That part of the King’s Highway known as No. 35/115 in Durham Region lying between a point at its intersection with the King’s Highway known as No. 401 and a point at its intersection with the King’s Highway known as No. 35 and the King’s Highway known as No. 115.

27. That part of the King’s Highway known as No. 48 lying between a point at its intersection with the King’s Highway known as No. 401 in the City of Scarborough and a point situated at its intersection with the roadway known as Elgin Mills Road in the Town of Markham.

28. That part of the King’s Highway known as No. 50 lying between a point at its intersection with the King’s Highway known as No. 27 in the City of Etobicoke and a point at its intersection with the roadway known as Columbia Way East in the Town of Caledon.

29. That part of the King’s Highway known as No. 58 in the City of Thorold lying between a point at its intersection with the King’s Highway known as No. 406 and a point at its intersection with the westerly limit of the roadway known as Niagara Regional Road No. 57 (Thorold Stone Road).

30. That part of the King’s Highway known as No. 86 lying between its intersection with the King’s Highway known as No. 7 (Victoria Street) in the City of Kitchener and a point at its intersection with the roadway known as Waterloo Road No. 17 in the Township of Woolwich.

31. That part of the King’s Highway known as No. 115 lying between a point at its intersection with the King’s Highway known as No. 35/115 in Durham Region and a point at its intersection with the King’s Highway known as No. 7A/115 in Cavan Township.

32. That part of the King’s Highway known as No. 137 lying between a point at its intersection with the King’s Highway known as No. 401 in the Township of the Front of Leeds and Lansdowne and a point at its intersection with the Border between Canada and The United States of America.

33. That part of the King’s Highway known as No. 3 (also known as Huron Church Road) in the County of Essex lying between a point situate at its intersection with the westerly limit of the roadway known as Outer Drive in the Town of Tecumseh and a point situate at its intersection with the easterly limit of the roadways known as Industrial Drive and Northwood Street in the City of Windsor.

34. That part of the King’s Highway known as No. 7087 (E. C. Row Expressway) in the City of Windsor in the County of Essex lying between a point at its intersection with the northerly limit of the King’s Highway known as No. 7902 (Ojibway Parkway) and a point situate 365 metres measured easterly from its intersection with the centre line of the King’s Highway known as No. 3 (Huron Church Road).

35. That part of the King’s Highway known as No. 7902 (Ojibway Parkway) in the City of Windsor in the County of Essex lying between a point at its intersection with the northerly limit of the south junction of the roadway known as Broadway Street and a point at its intersection with the easterly limit of the Essex Terminal Railway right-of-way.

36. That part of the King’s Highway known as No. 7908 (also known as Essex County Road 9/Howard Avenue Diversion) in the Town of Tecumseh in the County of Essex lying between a point situate at its intersection with the southerly limit of the King’s Highway known as No. 3 and a point situate at its intersection with the northerly limit of the roadways known as Laurier Parkway and South Talbot Road where the King’s Highway known as No. 7908 continues as the roadway known as Essex County Road 9.

37. That part of the King’s Highway known as No. 6 lying between a point situate at its intersection with the northerly limit of the King’s Highway known as No. 403 in the City of Burlington and the City of Hamilton and a point situate at its intersection with the King’s Highway known as No. 5 in the City of Hamilton.

38. That part of the King’s Highway known as No. 60 lying between a point situate at its intersection with the centre line of the King’s Highway known as No. 11 in the geographic township of Chaffey and a point situate 1000 metres measured westerly from its intersection with the centre line of the roadway known as Hidden Valley Road in the Town of Huntsville, in the District of Muskoka.

39. That part of the King’s Highway known as No. 60 lying between a point situate 300 metres measured southerly from the middle of the Headstone Creek Bridge (at the east entrance of Algonquin Provincial Park) in the District of Nipissing and a point situate at its intersection with the northern boundary of the Township of Algonquin Highlands (being the westerly boundary of Algonquin Park) in the County of Haliburton.

O. Reg. 151/97, s. 1; O. Reg. 458/10, s. 1; O. Reg. 224/15, s. 1; O. Reg. 135/16, s. 1; O. Reg. 182/16, s. 1.

SCHEDULE 2

1. Those areas in the districts of Kenora and Thunder Bay north of the railway tracks of the Canadian National Railways passing through the municipalities of Malachi, Minaki, Quibell, Sioux Lookout, Savant Lake, Armstrong and Nakina.

2. Those areas in the Territorial District of Cochrane north of 50 degrees latitude.

3. Those areas in the Territorial District of Algoma north of the railway tracks of the Canadian Pacific Railway passing through the municipalities of Amyot, Franz and Missanabie.

4. Those areas in the territorial districts of Rainy River, Kenora, Thunder Bay, Cochrane, Algoma and Sudbury that are not within a city, town, village or police village and not within eight kilometres of a highway designated as a King’s Highway or secondary highway under the Public Transportation and Highway Improvement Act.

R.R.O. 1990, Reg. 863, Sched. 2.

 

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