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THE CORPORATION OF THE TOWNSHIP OF CRAMAHE
BY-LAW NO. 09-34
BEING A BY-LAW TO PERMIT THE OPERATION OF OFF-ROAD VEHICLES
ON DESIGNATED HIGHWAYS WITHIN THE TOWNSHIP OF CRAMAHE
THIS BY-LAW IS IN CONJUNCTION WITH ONTARIO REGULATION 316/03
MADE UNDER THE HIGHWAY TRAFFIC ACT
WHEREAS the Highway Traffic Act R.S.O. 1990, Section 191.8(1) Chapter H.8 as
amended, states that no person shall drive an off-road vehicle on a highway except in
accordance with the regulations and any applicable municipal by-laws:
AND WHEREAS Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, Chapter
H.8 as amended, states that the Council of a municipality may pass by-laws;
a) Permitting the operation of off-road vehicles with low pressure bearing tires on any
highway within the municipality that is under the jurisdiction of the municipality,
or on any part or parts of such highways;
b) Prescribing a lower rate of speed for all-terrain vehicles by regulation on any
highway within the municipality that is under its jurisdiction, or on any part or
parts of such highway including prescribing different rates of speed for different
highways or parts of highways.
AND WHEREAS Section 4(2) of the Ontario Regulation 316/03 states that All-terrain
vehicles may be driven on a highway listed in Schedule B only if, in addition to meeting
the requirements of Part III, there is only one driver and no passenger on the all-terrain
vehicle at the time.
AND WHEREAS Section 48 of Schedule B on the Ontario Regulations 316/03 states
that every highway or part of a highway in a municipality on which an All-terrain vehicle
(ATV) is permitted to operate under the authority of by-law made by the municipality
under subsection 191.8(3) of the Act, but only during the months or hours specified in the
by-law if the by-law limits the operation of an ATV on a highway or part of a highway
within the municipality to certain months or hours.
NOW THEREFORE the Council of the Township of Cramahe hereby ENACTS as
follows:
1. Definitions:
1.1 "All Terrain Vehicles" shall mean an off-road vehicle that:
(a) Has four wheels, the tires of which are in contact with the ground;
(b) Has steering handlebars;
(c) Has a seat that is designed to be straddled by the driver, and
(d) Is designed to carry a driver only and no passengers;
(e) Has headlights, taillights that must be on at all times;
(f) Must have an operating brake light;
(g) Must have a minimum of one mirror that must be mounted on the left side
of the all terrain vehicle to allow the driver to see traffic approaching from
the rear;
(h) Has all terrain vehicle license plate and insurance.
1.2 "Highway" shall include a common and public highway, street, avenue, parkway
and driveway, any part of which is intended for use or used by the general public
for the passage of vehicles and includes the area between the lateral property
lines thereof.
1.3 "Low Pressure Bearing Tire" shall mean a wide, balloon type tire with rounded
cross sections and no distinct shoulder area and that is designed to operate with
inflation pressures of no greater than 70 kpa (10 psi).
1.4 "Off Road Vehicle" shall mean an off-road vehicle within the meaning of the Off
Road Vehicles Act, O. Reg. 316/03, and S.1.
2. Regulation of All Terrain Vehicles on Highways.
2.1 An all terrain vehicle shall not be operated on highways unless it meets the
equipment requirements of Sections 7 to 15 of O. Reg. 316/03 and is operated in
accordance with Sections 16 to 24 of O. Reg. 316/03, S.6.
2.2 An all terrain vehicle shall not be driven at a rate of speed greater than:
(a) 20 kilometers per hour, if the speed limit established under the Highway Traffic
Act or by municipal by-law for that part of the highway is not greater than 50
kilometers per hour.
(b) 50 kilometers per hour, if the speed limit established under the Highway Traffic
Act or by municipal by-law for that part of the highway is greater than 50
kilometers per hour.
2.3 All terrain vehicles are not permitted to ride on any municipal roads covered by
this by-law between the hours of 9:00 p.m. and 8:00 a.m.
2.4 An all terrain vehicle shall comply with the following provisions:
(a) No driver of an ATV shall drive on a municipal road without wearing an
approved helmet.
(b) No driver of an ATV shall operate such vehicle on any municipal road without a
valid driver's license.
(c) No driver of an ATV shall carry any passenger while operating on any municipal
road.
(d) No driver of an ATV shall operate without valid insurance coverage on said
vehicle on any municipal road covered by this by-law.
(e) No driver of an ATV shall operate on any municipal road covered by the by-law
without licensing such vehicle.
(f) Driver must operate ATV in same direction as traffic.
(g) All ATV's shall travel on shoulder of road, but may operate on road if shoulder is
not safe.
(h) No person shall change or alter the exhaust system of an ATV to exceed
the manufacturer's recommended decibel level.
3. General
3.1 Operation of all terrain vehicles shall be permitted, by by-law, upon all highways
located north of Highway 401, under the jurisdiction of the Corporation of the
Township of Cramahe.
3.2 All terrain vehicles will not be allowed to operate on any highway south of
Highway 401 within the Township of Cramahe.
3.3 Operation of all terrain vehicles shall be permitted on the extreme right hand side
of the highway road surface only and in accordance with Regulation 316/03 of
the Highway Traffic Act and the Off Road Vehicle Act, as amended.
3.4 All terrain vehicles are restricted to the parking areas only of any municipal park.
4. Penalties
4.1 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.
5. Validity
If any section, clause or provision of this by-law is for any reason declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity
of the by-law as a whole or any part thereof other that that section, clause or
provision so declared to be invalid and it is hereby declared to be the intention
that all the remaining sections, clauses or provisions of the by-law shall remain in
full force and effect until repealed, notwithstanding that one or more provisions
thereof shall have been declared to be invalid.
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This by-law shall come into force and take effect immediately upon the passing
thereof by the Council of the Corporation of the Township of Cramahe.
By-Law 08-32 is Hereby Rescinded.
This By-law read the FIRST, SECOND and THIRD TIME and FINALLY PASSED
this 5th day of May, 2009.
__________________________ _______________________
Marc Coombs,
Christie Alexander,
Mayor Clerk/Administrator