Regulate Off Road Vehicles

In this by-law:

"All-Terrain Vehicle" shall mean an off-road vehicle that;

• has four wheels, the tires of all of which are 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.

"Highway" shall include a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

"Off-Road Vehicle" shall mean an off-road vehicle within the meaning of the Off-Road  Vehicles  Act  0.  Reg. 316/03, s.1.

No person shall operate an Off Road Vehicle described as "All-Terrain Vehicles" on Highways unless it meets the equipment requirements of Section 7 to 15 of 0. Reg. 316/03 and it is operated in accordance with sections 16 to 24 of 0. Reg. 316/03, s.6. except for Township Highways described as follows:

• north of the Highway 401 from the west Township boundary easterly to where Highway 401 crosses County Road 36;
• north of County Road 36 east of the Highway 401 overpass to County Road 18; and
• all roads north of County Road 18 from the intersection of County Roads 18 and 36 easterly to the eastern Township boundary.

Application can be made to have Township Highways or portions thereof located outside the endorsed area included as approved Highways for the operation of All Terrain Vehicles, as listed in Schedule "A", attached hereto.

Township Highways listed in Schedule "A" must:

• conform to Township policy outlined in Schedule "B"; and
• must be included in a formal application form attached as Schedule "C".

Operation of All-Terrain Vehicles shall be permitted by By-Law upon the Highways in the Township of South Stormont, as approved by sections 1 and 2, and in accordance with Ontario Regulation 316/03 of the Highway Traffic Act and the Off Roads Vehicle Act, as amended.

Whereas final approval for inclusion of additional Highways shall be issued at the discretion of Council in accordance with the general criteria as set out in Schedule "B" and the intent of the By-law.

Any person who contravenes any section of this By-law is guilty of an offence and upon conviction is liable to a fine as  provided  for  in  the  Provincial  Offences  Act.

This by-law shall come into force and take effect on the day of its passing and shall remain in effect until otherwise amended or repealed.

Criteria to permit All Terrain Vehicles to utilize additional Township Highways:

• A formal written request must be submitted.
• All crossings of a Township Highway perpendicular to the traffic shall be permitted.
• Signage shall be provided by the group/person requesting the additional Highway or portion thereof.

Checklist for evaluating requests for All Terrain Vehicle use of Township Highways outside of approved area:

Road segment being considered: ____________________________

Group/Person making application: ____________________________

• Written request received: YES / NO
• Highway Section is a small portion of rural road that joins segments of ATV trail, or provides part of the route to a place of commerce using the shortest possible length or Township Road: YES / NO
• The Highway Section(s) form(s) part of a recognized trail: YES / NO
• The Highway Section has measurable stopping sight distances that are recognized for speed limit plus 10 km/h (see below): YES / NO
• The Group/Person has agreed to provide and erect the appropriate signing in accordance with the Ontario Traffic Manual.

The answer of NO to any of the above questions may exclude that section from consideration.

Signing of all Highway segments shall include 60 cm X 60 cm reflective warning signs with the ATV symbol.

Stopping sight distance (for use with above)
Posted speed distance (for posted speed plus 10 km/h)

50 km/h                        85 m (60 km/h)

60 km/h                        110 m (70 km/h)

70 km/h                        140 m (80 km/h)

80 km/h                         170 m (90 km/h)