Ontario farmers find themselves and their farm equipment travelling the province’s roads with increasing frequency – it’s a matter of travelling from one farm to another and to elevators to deliver product for sale.
Some of these farmers find themselves interacting with police over interpretations of the laws that govern the use of implements of husbandry on public roadways. The Ontario Federation of Agriculture is frequently getting calls from farmers who feel they have been wrongly charged.
That’s why OFA is spending more time in communication with police and ministry of transportation enforcement personnel – we want to be sure the law is being interpreted as it is written.
Farm families make a lot of use of all-terrain vehicles – ATVs – on their farms and between farm properties. There have been a number of amendments to the Highway Traffic Act regarding the use of ATVs, and OFA wants to ensure all farmers are familiar with these changes.
This past summer the regulations contained in Bill 11 amending the Highway Traffic Act, came into effect. These regulations deal with the use of ATVs on specified Ontario highways. The regulations define an ATV as a four-wheeled vehicle, steered by handle bars, designed to be straddled by the driver and to carry only the driver – no passengers are allowed.
The regulations and section 191.8 of the Highway Traffic Act exclude a number of popular vehicles from the ATV category – everything from the John Deere Gator to the Kawasaki Mule and similar vehicles. These vehicles, while being off-road vehicles, are not viewed as ATVs by the legislation and that’s something owners and operators need to understand.
Under the amended legislation, there’s an extensive listing of provincial highways that ATVs are allowed to use legally. Complete details can be seen in Schedule B of Regulation 316/03 of the legislation.
According to the legislation, the ATV must be driven in the same direction as the traffic and on the shoulder of the road, close to right edge of the shoulder and if the shoulder is not available, then the ATV may move onto the travelled portion of the highway.
Municipally controlled roads are only open to ATV use if the municipality has passed a bylaw authorizing their use. If there is no municipal bylaw, then ATVs cannot be used on municipal roads.
The Off-road Vehicles Act authorizes farmers to drive an off-road vehicle on, along or across a highway if the vehicle is being used for agricultural purposes, is registered, insured, and bears a slow moving vehicle sign. The farmer must carry a valid driver’s licence and wear an approved helmet.
There are a number of new requirements for farmers to use their ATVs on the highway from farm to farm for agricultural purposes – regulations regarding lights, brakes, reflectors, vehicle weight, windshield and speed are spelled out in the amended regulations. An ATV cannot be driven in a construction zone, on a closed highway, or in a provincial park.
Farm families can access all these changes and requirements by contacting OFA at 1-800-668-3276. We want farmers and their families to drive safely and operate legally.
~Paul Mistele~
Ontario Federation of Agriculture Executive Committee