Your Money
Matters
May
2010 Issue
What you need to know about your ATV and Insurance
This article is submitted courtesy of Deborah McVey (McVey Insurance
Ltd)
If
you own or operate an All Terrain Vehicle (ATV) or any off road
vehicle in Ontario, you are subject to the rules and regulations of
the Off Road Vehicles Act. Mini-bikes, dune buggies and similar
motorized vehicles with two or more wheels and designed primarily
for recreational use are also governed by the Act. The following is
a summary of the requirements of the Act, which you should know.
-By law, all ORVs must be registered with the Ministry of
Transportation – even if operated only on your premises.
-Operation on public roads
It
is unlawful to operate any Off-Road Vehicle on any public roadway,
street or highway except as noted below. This includes the entire
area between the boundary lines of adjacent property including
ditches.
-ORVs
(including ATVs) with three or more wheels may be driven along a
public road by a farmer engaged in a farming activity or by a
licensed trapper while trapping, provided:
1. The ORV is
registered and its permit is carried by the driver
2. The ORV is insured
on a motor vehicle liability policy and that the driver carries
proof of such insurance.
3. The driver is the
holder of a valid driver’s license that is in the driver’s
possession.
4. A slow-moving
vehicle sign is displayed on the back.
ATVs (as
described in the definitions section) may be driven on certain
highways, highway shoulders, or municipal roads where a by-law
has been passed allowing such operation provided that, in
addition to point 1, 2 & 3:
5. Headlights and
tail lights are activated at all times on a highway.
6. A brake light is
required if the ATV was manufactured after January 1, 1998.
7. The driver wears a
helmet and no passengers are on the vehicle.
8. The driver is
travelling no more than 20 km/h where the speed limit on a
highway is not greater than 50 km/h, and 50 km/h where the speed
limit is greater than 50 km/h.
Driver requirements
Persons
under 12 years of age are not permitted to drive an ORV except on
land occupied by the vehicle owner while under close supervision of
an adult.
Insurance for Off-Road Vehicles
The
law requires that ORVs be insured under a motor vehicle liability
policy. In Ontario, this means an automobile insurance policy.
Personal
and farm liability policies are not considered motor vehicle
liability policies in accordance with the Insurance Act. In fact,
personal and farm liability policies usually exclude “the operation
of any vehicle subject to motor vehicle registration” such as
Off-Road Vehicles.
Theresa Wever and the Money
Concepts Team.
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