Changes to Ontario's
Off-Road Vehicles
Legislation/Regulations
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Off-road vehicles (ORVs) now have more access to the shoulder and paved portions of some Ontario highways. These new regulations, effective July 31, 2003, apply exclusively to one category of ORV. This is defined as an off-road vehicle that:
New regulations do not apply to other types of off-road vehicles such as mini-bikes, dirt bikes and moto-cross bikes. |
Municipal Authority Regarding Off-Road Vehicles
As of July 2003, municipalities were given the authority to determine whether or not off-road vehicles (ORVs) should be allowed access to highways under their authority. Municipalities must put a by-law in place for ORVs to be allowed access to their highways. Municipalities can determine which highways, where on the highway, time of day, and season that ORVs are allowed access. They can also set speed limits that are lower than those set out in the regulation. If a by-law does not exist, ORVs are not allowed access to that municipality's road.
More information specific to municipal authority is available at www.e-laws.gov.on.ca, Statutes and Associated Regulations, Highway Traffic Act, Section 191.8.
Where Off-Road Vehicles Can/Cannot Travel
- New regulations apply to provincial highways only
- Prohibited from 400 series highways, Trans-Canada Highway
- Generally, vehicles will be allowed access to highways 500 to 899, 7000 series highways and highways with low traffic volume.
- Provincial highways with a Summer Average Daily Traffic (SADT) level less than 5,000. Specific provincial highways where ORVs can travel are defined in the regulation schedules.
- Existing provisions for ORVs on roads in far Northern Ontario still apply.
- ORVs can operate on shoulder; move to travelled portion of highway if shoulder is impassable/unsafe
- Speed limit lower than posted limits:
- 20 km/h — highways where speed limit is 50 km/h or less;
- 50 km/h — highways where speed limit is over 50 km/h.
- Cannot operate in a construction zone, on a closed highway, or within a provincial park unless allowed by the park.
- Municipalities may pass by-laws to decide if, where and when off-road vehicles can be used on local roads.
Driver's Licence and Registration Requirements
- Riders must wear a motorcycle helmet, have a valid G2/M2 or greater driver's licence, registration and insurance.
- ORVs must be registered and have a valid permit except in exempt areas (e.g., far Northern Ontario).
- Previous exemptions for farmers, trappers and public utility workers remain in place.
- More information is available in the Driver's Handbook Online.
Rules of the Road
- ORV operators must observe a speed limit lower than posted limits.
- Passengers are not allowed.
- May tow trailers.
- Driver's view in all directions must not be obstructed.
- It is against the law to drive an off-road vehicle when impaired by alcohol or drugs.
- Riders must operate their ORV in the same direction of traffic.
Vehicle Equipment Standards
- ORVs must have the specified equipment (e.g., head lights, tail lights, working brakes, reflectors, low-pressure bearing tires).
- Width and weight restrictions appropriate to type of vehicle.
Measures for Environmental Protection
- No person shall operate an ORV in such a way as to disrupt or destroy the natural environment including fish habitats, property and flora or fauna.
Frequently Asked Questions
Increasing Highway Access for Off-Road Vehicles
- What are off-road vehicles?
- Under what legislation are ORV operators given permission to ride on provincial roads?
- With the new regulations, where will off-road vehicles now be allowed to travel?
- Why is the ministry increasing highway access for off-road vehicles?
- What are the current rules for highway access for off-road vehicles?
- How will this initiative promote road user safety?
- What will the regulations accomplish?
- When did the regulations come into effect?
- Who was consulted in the development of this legislation/regulations?
- How will municipalities deal with off-road vehicles once the regulations come into effect?
- How big is the off-road vehicles industry?
- Can an ORV operator be charged for drinking and driving?
What are off-road vehicles?
Off-road vehicles (ORVs) are any two or three-wheeled motorized vehicles as well as specific vehicles described by regulations, with four or more wheels, intended for recreational use.
In the new regulation, the following type of off-road vehicle is allowed access to provincial roads: an ORV that
- has four wheels, the tires of which are all in contact with the ground;
- has steering handlebars;
- has a seat that is designed to be straddled by the driver; and
- is designed to carry a driver only and no passengers.
Under what legislation are ORV operators given permission to ride on provincial roads?
The Red Tape Reduction Act (Bill 11) received Royal Assent on December 22, 1999, and provided enabling legislation to:
- classify off-road vehicles and drivers;
- regulate operation on highways and prescribe conditions; and
- allow municipalities to pass by-laws to define access, lower speed limits and times/seasons of operation for highways under their jurisdiction (not provincial highways).
This enabling legislation and regulations went into effect on July 31, 2003, giving certain off-road vehicles more access to the shoulder and paved portion of some provincial highways.
These specific roads are identified in regulations.
With the new regulations, where are off-road vehicles now allowed to travel?
Certain off-road vehicles are allowed to operate on the shoulder of the road and can move to the travelled portion of the highway if the shoulder is impassable/unsafe. Generally, these vehicles are allowed access to highways 500-899, 7000 series highways and highways with low traffic volume (Summer Average Daily Traffic less than 5000).
The specific sections of highways are defined in the regulation schedules. Please refer to www.e-laws.gov.on.ca for details.
Municipalities have the authority to pass by-laws to define if, where and when off-road vehicle use is appropriate on municipal roads.
Off-road vehicles are not allowed on rights-of-way (e.g., medians) between opposing lanes of traffic. They cannot operate in a construction zone on a closed highway or within a provincial park unless allowed by the park.
Why is the ministry increasing highway access for off-road vehicles?
Stakeholders identified a need for increased access for recreational users of ORVs so that they could travel between trails and use their off-road vehicles to access locations where they can hunt and fish.
Ontario's rural economy and quality of life will be enhanced by allowing off-road vehicles to have increased access to specific highways under safe circumstances.
What are the current rules for highway access for off-road vehicles?
The Off-Road Vehicles Act (ORVA) and Highway Traffic Act (HTA) govern off-road vehicle users and detail registration, licensing, insurance, road access and safety requirements.
Prior to this, these vehicles were not allowed on any highway or roadway in Ontario. There were exemptions—and these exemptions remain—for:
- Farmers, trappers and utility workers—allowed access to specific highways when using an off-road vehicle for those purposes; and
- Far Northern Ontario (approximately north of the 50th parallel).
How will this initiative promote road user safety?
To promote safety for all road users, we have developed detailed off-road vehicle safety regulations that allow off-road vehicles to have increased access to specific highways under safe circumstances.
What will the regulations accomplish?
Regulations have been developed that will identify:
- Types of off-road vehicles that will be allowed access to highways;
- Road schedule (list of highways on which they will be allowed access);
- Driver's licence and registration requirements;
- Rules of the road (speed, crossing, intersections, signalling, etc.);
- Vehicle equipment standards (headlights, tail lights, brakes, reflectors, size, weight); and
- Environmental protection measures.
When did the regulations come into effect?
MTO implemented the initiative to allow off-road vehicles increased access to highways on July 31, 2003.
Who was consulted in the development of this legislation/regulations?
The ministry worked with a broad range of stakeholders including the Ontario Federation of Anglers and Hunters, Federation of All-Terrain Vehicle Clubs, Federation of Agriculture, Fur Managers Federation, the Canadian All-Terrain Vehicle Distributors Council, the Association of Municipalities of Ontario, the municipal sector and police services.
MTO also consulted with a number of ministries including Tourism and Recreation, Natural Resources, Northern Development and Mines, Municipal Affairs and Housing, and Public Safety and Security.
Stakeholder workshops were held across the province in September 2002 to assist in developing the basis for the regulations.
How will municipalities deal with off-road vehicles once the regulations come into effect?
Municipalities will have the autonomy to decide if, where and when off-road vehicle use is appropriate on municipal roads.
How big is the off-road vehicles industry?
Off-road vehicles are outselling snowmobiles in Canada by approximately four to one.
Can an ORV operator be charged for drinking and driving?
It is against the law to drive an off-road vehicle when impaired by alcohol or drugs.
If the ORV driver is impaired or has a blood alcohol concentration of more than 80 milligrams in 100 millilitres of blood (.08), or if the driver refuses to take a breathalyzer test, the police can lay a charge under the Criminal Code of Canada.
If convicted, the driver will have a criminal record and may be required to pay a fine.
If a driver is convicted for the first time, he/she will receive a one-year driver's licence suspension. If convicted a second time, his/her driver's licence will be suspended for three years. For a third conviction, the driver would get a lifetime suspension from driving with the possibility of reinstatement after 10 years. Those convicted a fourth time will be suspended for driving for life with no possibility of reinstatement.
The convicted driver must also complete a remedial measures program assessment, education/treatment and follow-up before he/she can get his/her driver's licence back. Suspended drivers must pay $100 to have their licence reinstated.
Please note that effective October 15, 2004, the reinstatement fee is $150. All reinstatement fee payments made on or after October 15, 2004, will be charged $150.00.
Complete information about the new regulations can be found at: www.e-laws.gov.on.ca
