O. Reg. 315/20: OPERATION OF OFF-ROAD VEHICLES ON HIGHWAYS

 

ontario regulation 315/20

made under the

Highway Traffic Act

Made: June 19, 2020
Filed: June 26, 2020
Published on e-Laws: June 26, 2020
Printed in The Ontario Gazette: July 11, 2020

Amending O. Reg. 316/03

(OPERATION OF OFF-ROAD VEHICLES ON HIGHWAYS)

1. Section 1 of Ontario Regulation 316/03 is amended by adding the following definitions:

“extreme terrain vehicle” means an off-road vehicle that,

(a)  has six or eight wheels, the tires of which are all in contact with the ground,

(b)  has no tracks that are in contact with the ground,

(c)  has seats that are not designed to be straddled, and

(d)  has a minimum cargo capacity of 159 kilograms;

“off-road motorcycle” means an off-road vehicle, designed primarily for recreational use, that,

(a)  has steering handlebars,

(b)  has two wheels, the tires of which are all in contact with the ground,

(c)  has a minimum wheel rim diameter of 250 millimetres,

(d)  has a minimum wheelbase of 1,016 millimetres,

(e)  has a seat that is designed to be straddled by the driver,

(f)  is designed to carry a driver only and no passengers, and

(g)  does not have a sidecar;

2. Subsection 4 (2) of the Regulation is revoked and the following substituted:

(2) All-terrain vehicles, extreme terrain vehicles, multi-purpose off-highway utility vehicles, off-road motorcycles and recreational off-highway vehicles may be driven on a highway listed in Schedule B if the requirements of Part III are met.

3. Section 4.1 of the Regulation is revoked and the following substituted:

Permitted municipal highways for certain off-road vehicles

4.1. An off-road vehicle shall not be driven on a highway or part of a highway that is under the jurisdiction of a municipality unless the following criteria are met:

1.  If the vehicle is an all-terrain vehicle, a multi-purpose off-highway utility vehicle or a recreational off-highway vehicle, a by-law made by the municipality under subsection 191.8 (3) of the Act permits the operation of any off-road vehicle on the highway or part of the highway.

2.  If the vehicle is an extreme terrain vehicle or an off-road motorcycle, a bylaw made by the municipality specifically permits the operation of that particular class of vehicle on the highway or part of the highway.

3.  If the by-law limits the operation of off-road vehicles on the highway or part of the highway to specified times, the off-road vehicle is driven only during the times specified in the by-law.

4.  The requirements of Part III are met.

4. Subsection 7 (1) of the Regulation is amended by adding “an extreme terrain vehicle or” after “the off-road vehicle is” in the portion before clause (a).

5. Section 10 of the Regulation is revoked and the following substituted:

Equipment configuration and performance requirements

10. (1) If an off-road vehicle, other than an extreme terrain vehicle or an off-road motorcycle, was manufactured after December 31, 2001, the off-road vehicle must meet the requirements in at least one of the applicable standards set out in subsection (2) as the standard read on the date the vehicle was manufactured.

(2) The following standards are the standards mentioned in subsection (1):

1.  ANSI/SVIA-1-2001, entitled American National Standard for Four Wheel All-Terrain Vehicles — Equipment, Configuration, and Performance Requirements, approved by the American National Standards Institute, Inc. and published by the Specialty Vehicle Institute of America, as amended or revised from time to time.

2.  ANSI/ROHVA 1-2011, entitled American National Standard for Recreational Off-Highway Vehicles, approved by the American National Standards Institute, Inc. and published by the Recreational Off-Highway Vehicle Association, as amended or revised from time to time.

3.  ANSI/OPEI B71.9-2012, entitled American National Standard for Multipurpose Off-Highway Utility Vehicles, approved by the American National Standards Institute, Inc. and published by the American National Standards Institute, Inc., as amended or revised from time to time.

4.  COHV 1-2012, entitled Canadian Off-Highway Vehicle Distributors Council Standard for Four Wheel All-Terrain Vehicles, approved and published by the Canadian Off-Highway Vehicle Distributors Council, as amended or revised from time to time.

5.  COHV 2-2012, entitled Canadian Off-Highway Vehicle Distributors Council Standard for Recreational Off-Highway Vehicles, approved and published by the Canadian Off-Highway Vehicle Distributors Council, as amended or revised from time to time.

6.  COHV 3-2013, entitled Canadian Off-Highway Vehicle Distributors Council Standard for Multipurpose Off-Highway Utility Vehicles, approved and published by the Canadian Off-Highway Vehicle Distributors Council, as amended or revised from time to time.

6. The Regulation is amended by adding the following section:

Safety equipment and performance requirements for extreme terrain vehicles

10.2 An extreme terrain vehicle must meet the following standards and requirements:

1.  It must comply with sections 7.2, 7.3, 7.4, 7.5 (other than section 7.5.1), 7.6, 7.7, 7.8 and 7.9 of the Society of Automotive Engineers Standard J2258, entitled “Light Utility Vehicles”, as the standard read on the date that the vehicle was manufactured.

2.  It must have a rear view mirror.

3.  If the extreme terrain vehicle is manufactured with a rollover protective structure, each seating position on the vehicle must have seat belt assembly that is in good working order and that includes a strap or straps sufficient to restrain both the pelvis and the torso.

7. (1) Subsection 11 (1) of the Regulation is amended by striking out “10 or 10.1” and substituting “10, 10.1 or 10.2”.

(2) Subsection 11 (2) of the Regulation is revoked and the following substituted:

(2) A component, equipment or other feature of the off-road vehicle that is specified in the definition of “all-terrain vehicle”, “extreme terrain vehicle”, “multi-purpose off-highway utility vehicle”, “off-road motorcycle” or “recreational off-highway vehicle” in section 1 or that is required by section 9, 10, 10.1 or 10.2 must have been installed at the time the vehicle was manufactured.

(3) Subsection 11 (3) of the Regulation is amended by striking out “off-road vehicle” and substituting “off-road vehicle, other than an extreme terrain vehicle or an off-road motorcycle,”.

8. Section 12 of the Regulation is amended by adding the following subsections:

(3) Subsections (1) and (2) do not apply to an extreme terrain vehicle or to an off-road motorcycle.

(4) The braking systems of an extreme terrain vehicle must meet the requirements set out in section 10.2.

(5) Despite subsection 20 (2), an off-road motorcycle must meet the requirements set out in subsections 64 (2) and (7) of the Act.

9. (1) Section 13 of the Regulation is amended by adding the following subsection:

(2.1) Despite subsections (1) and (2) and despite subsection 62 (2) of the Act, an off-road motorcycle must carry the lighted lamps required by subsection 62 (2) of the Act only if the off-road motorcycle is operated on a highway,

(a)  during the period that begins one-half hour before sunset and ends one-half hour after sunrise; and

(b)  during any period where, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less.

(2) Subsection 13 (3) of the Regulation is revoked and the following substituted:

(3) The subsections of section 62 of the Act that refer to lamps required under subsection (1) or (2) of that section shall be read as if referring to the lamps required under subsections (1) and (2.1) of this section.

(3) Subsection 13 (4) of the Regulation is amended by striking out “subsection (1)” and substituting “subsections (1) and (2.1)”.

(4) Subsection 13 (5) of the Regulation is revoked and the following substituted:

(5) An off-road vehicle must be equipped with a stop lamp or lamps on the rear of the vehicle that emit a red light when any service brake is applied if the vehicle is operated on a highway during the following periods:

1.  For an extreme terrain vehicle or an off-road motorcycle,

i.  during the period that begins one-half hour before sunset and ends one-half hour after sunrise, and

ii.  during any period where, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less.

2.  For an off-road vehicle not mentioned in paragraph 1 that was manufactured after January 1, 1998, at all times.

(5) Section 13 of the Regulation is amended by adding the following subsection:

(7.1) Clause (7) (a) does not apply to an extreme terrain vehicle.

(6) Subsection 13 (8) of the Regulation is revoked and the following substituted:

(8) The reflex reflectors required by subsection (7) must comply with the requirements of the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada) in accordance with the following rules:

1.  For an extreme terrain vehicle or an off-road motorcycle, the reflex reflectors must comply with the requirements whether or not the requirements were applicable to the vehicle when the vehicle was manufactured.

2.  For an off-road vehicle not mentioned in paragraph 1, the reflex reflectors must comply with the requirements only if the requirements were applicable to the vehicle when the vehicle was manufactured.

10. Section 14 of the Regulation is amended by adding the following subsection:

(2) Subsection (1) does not apply to extreme terrain vehicles.

11. Subsection 18 (5) of the Regulation is amended by striking out “19.1, 19.2 and 19.3” at the end and substituting “19.1 to 19.5”.

12. Section 19.1 of the Regulation is revoked and the following substituted:

Seat belts

19.1 (1) This section applies to the following vehicles:

1.  A multi-purpose off-highway utility vehicle.

2.  A recreational off-highway vehicle.

3.  An extreme terrain vehicle that is equipped with one or more seat belt assemblies.

(2) Every passenger on a vehicle listed in subsection (1) that is operated on a highway shall,

(a)  occupy a seating position for which a seat belt assembly has been provided; and

(b)  wear the complete seat belt assembly as required by subsection (5).

(3) No person shall drive a vehicle listed in subsection (1) on a highway unless he or she is wearing a complete seat belt assembly as required by subsection (5).

(4) No person shall drive a vehicle listed in subsection (1) on a highway with a passenger on the vehicle, unless the passenger is,

(a)  occupying a seating position for which a seat belt assembly has been provided; and

(b)  wearing the complete seat belt assembly as required by subsection (5).

(5) A seat belt assembly shall be worn so that,

(a)  the strap of each restraint is securely fastened and worn firmly against the body in the intended position; and

(b)  no more than one person is wearing any strap of the seat belt assembly at any one time.

13. The Regulation is amended by adding the following section:

No passengers on off-road motorcycles

19.5. No person shall drive an off-road motorcycle on a highway with a passenger on the vehicle.

14. The following provisions of the Regulation are amended by striking out “10.1” wherever it appears and substituting in each case “10.1, 10.2”:

1.  Subsection 27 (1).

2.  Subsection 28 (2).

3.  Subsection 29 (2), in the portion before clause (a).

Commencement

15. This Regulation comes into force on the later of the day section 15 of Schedule 16 to the Better for People, Smarter for Business Act, 2019 comes into force and the day this Regulation is filed.

Made by:

Caroline Mulroney

Minister of Transportation

Date made: June 19, 2020