Big gap in Ontario ATV definition excluding Argos!!

[Otterguy]

I agree with the others. I just got a 81 i/c 8x8 and went through this. Snowmobiles are licenced differently with anual renewal. I think because they came out in the 60's and were considered like a winter motorcycle. At the time there were no trail org's or permits so they expected you would have to drive on roads. Service ON said to fit that class it must be classed as a snow machine. Argo isn't classed that way and after talking to the OFSC rep its the same to go on the trails, must be classed as snow machine. As argos came out a long time ago too I think they were just considered odd ball slow moving veh like a tractor driving the road to get to a off road work place. When ATV's started they didn't seem to want to put them in the motorcycle class (Maybe too slow for highway) so they came out with a ATV one time issue plate. Allowed on roads unless restricked by local municiple bylaws. Snowmobiles don't seem to get that same treatment you can drive them to get to the trails. Next issue would be liability insurance the same as any veh that travels on a road, car, motorcyle, snowmobile and atv (but not a tractor) Therefore if you are stopped on a "road" you should be plated and will be required to produce ownership and insurance. Like he said if you go to court and you have met the mto requirements it should be a no brainer. I noticed on pics of veh in the States they use slow moving veh signs a lot but they didn't seem to be plated. A lot also seems to just depend where your at too. If you go up north or to the Labrador ATV's and snowmobiles are the main means of transportaion. they don't get stopped, hell they don't even wear helmets unless they know cops are on the trails. My GF is from Harington Harbour QE 250km to the nearest highway in either direction. Its an island with no roads just boardwalks. When she was a girl they had dogs and Komatiks, then snowmobiles came out and then ATVs. Her mother with a bum leg drives a snowmobile and a ATV and has never diven a car in her life lol All that may not help but I'm pritty sure thats how it has all rolled out.

[Otterguy]

I hade a good talk with the Ontario MTO rep for ATV's. Apparently they didn't consider Argos and UTV's in their master plan that by the highway trafic act allows 4 whrs to drive on the shoulder of a provicial roadway. He said 4 whrs aren't really playing the game and they wish the would retract it so they aren't thinking of expanding it to include bigger 8x8s and UTVs. I can see pressure coming at MTO though because a lot of older people drive UTVs as it easyer for them to get in and out and opperate. Really there isn't a lot of difference and there should be one rule for all. So just saying, if out on a roadway keep an eye over your shoulder for the cops and plead ignorance. It's not well known that the rule only applys to a vehicle where you "strattle the seat" , "have a handle bar" , "designed to carry no pasengers" and "has only 4 low pressure tires" Thats the description in the hwy traffic act.

[NorthOf60]

The original question posted back in 2011 was along the lines of ... " [does] an Argo does not meet Ontario's legal definition of an ATV." Here is what I found.

Check the Ontario Off-Road Vehicles Act R.S.O 1990, CHAPTER 0.4. In definitions section 1 ....

“off-road vehicle” means a vehicle propelled or driven otherwise than by muscular power or wind and designed to travel,
(a) on not more than three wheels, or
(b) on more than three wheels and being of a prescribed class of vehicle; (“véhicule tout terrain”)

To determine the prescribed class of vehicle in (b) check the Ontario Off-Road Vehicles Act R.R.O 1990, REGULATION 863. See section 3 (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.

It would appear to me that an Argo is covered by Ontario legislation. I didn't look into where or when an Argo can be driven in Ontario.

[Otterguy]

Yes it does but you missed a part it does not apply to use on highways/roads. See below copied from the act:

Off-Road Vehicles Act R.S.O. 1990, CHAPTER O.4

Application

2. (1) This Act does not apply in respect of off-road vehicles being operated on a highway. R.S.O. 1990, c. O.4, s. 2 (1).

Exception

(2) Despite subsection (1), and section 7, subsection 32 (1) and subsections 62 (1), (3) to (26) and (28) to (32) of the Highway Traffic Act, a holder of a driver’s licence issued under section 32 of the Highway Traffic Act who is not contravening any provision of this Act may drive an off-road vehicle,

(a) directly across a highway; or

(b) on a highway, if the vehicle is designed to travel on more than two wheels and the driver is,

(i) a farmer using the vehicle for agricultural purposes, or

(ii) a person licensed under the Fish and Wildlife Conservation Act, 1997 to trap furbearing mammals, if the person is using the vehicle for trapping purposes,

and the vehicle or a vehicle drawn by it bears a slow moving vehicle sign. R.S.O. 1990, c. O.4, s. 2 (2); 1997, c. 41, s. 123 (2).