Off-Road Vehicles on Municipal Highways By-law 2015-0025
Faraday, Ontario
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THE CORPORATION OF THE TOWNSHIP OF FARADAY
BY-LAW NO. 25 -2015
BEING a By-Law to regulate the operation of off-road vehicles on
Municipal Highways within the Corporation of the Township of Faraday.
WHEREAS Pursuant to Section 191.8 (3) of the Highway Traffic Act.,
R.S.O. 1990, c.H.8, as amended, the Council of a Municipality may pass
by-laws,
(a)
permitting the operation of off-road vehicles with three or more
wheels and 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 highway;
(b)
prescribing a lower rate of speed rate off-road vehicles with three
or more wheels and low pressure bearing tires than that prescribed
for off-road 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 the Council of the Corporation of the Township of
Faraday has deemed it appropriate to enact a by-law to permit Multi
Purpose Off-Highway Utility Vehicles; Recreational Off-Highway Vehicles,
All-Terrain Vehicles and Off-Road Vehicles on highways under the
jurisdiction of the Municipality (subject to the terms and provisions of this
By-Law);
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF FARADAY ENACTS AS FOLLOWS:
1.
In this By-Law:
(a)
"Multi-Purpose Off-Highway Utility Vehicle" means an
off-road vehicle that,
(i)
Has four or more wheels, the tires of which are all in
contact with the ground,
(ii)
Has a steering wheel for steering control,
(iii)
Has seats that are not designed to be straddled, and
(iv)
Has a minimum cargo capacity of 159 kilograms;
(b)
"Recreational Off-Highway Vehicle" means an off-road
vehicle that,
(i)
Has four or more wheels, the tires of which are all in
contact with the ground,
(ii)
Has a steering wheel for steering control,
(iii)
Has seats that are not designed to be straddled, and
(iv)
Has an engine displacement equal to or less than
1,000 cubic centimetres;
( c)
"All-Terrain Vehicle" means an off-road vehicle that,
(i)
Has four wheels, the tires of which are all in contact
with the ground,
(ii)
Has steering handlebars,
(iii)
Has a seat that is designed to be straddled by the
driver, and
(iv)
Is designed to carry,
(i)
A driver only and no passengers, or
(ii)
A driver and only one passenger, if the vehicle,
(a) Has one passenger seat that is designed to
be straddled by the passenger while sitting
facing forward behind the driver, and
(b) Is equipped with foot rests for the
passenger that are separate from the foot
rests for the driver;
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By-Law No. 25-2015
(d)
"Off-Road Vehicle" means a vehicle propelled or driven
otherwise than by muscular power or wind and designed to
travel,
(i)
On not more than three wheels;
(ii)
On more than three wheels and being a prescribed
class of vehicle;
(e)
"Seat Belt Assembly" means a device or assembly
composed of a strap or straps, webbing or similar material
that restrains the movement of a person in order to prevent
or mitigate injury to the person;
(f)
"Highway" means a common and public highway under the
jurisdiction of the Municipality and includes any bridge,
trestle, via-duct or other structure forming part of such
highway and includes a portion of a highway;
(g)
"Low Pressure Bearing Tire" means a wide, balloon-type
tire with a rounded cross section and no distinct shoulder
area and that is designed to operate with inflation pressures
of no greater than 70 kpa (10 psi); ·
(h)
"Municipality" means the Corporation of the Township of
Faraday;
PROHIBITION AND REGULATION OF MULTI-PURPOSE,
RECREATIONAL AND ALL-TERRAIN OFF-ROAD VEHICLES ON
HIGHWAYS
2.
No Multi-Purpose, Recreational, All-Terrain or Off-Road Vehicle shall
be operated on a highway except as provided in Section 3 or this
By-Law;
3.
No Multi-Purpose, Recreational, All-Terrain or Off-Road Vehicle shall
be permitted on any highway unless:
(i) The Multi-Purpose, Recreational, All-Terrain or Off-Road Vehicle
meets the equipment requirements of Section 7 to 15 of
Ontario Regulation 316/03 and as amended by Ontario
Regulation 135/15;
(ii) The permits, insurance and licence referred to in Section 16 to
18 of Ontario Regulation 316/03 and as amended by Ontario
Regulation 135/15;
(iii) The driver of the Multi-Purpose, Recreational, All-Terrain or
Off-Road Vehicle is wearing a helmet that complies with
Section 19 of Ontario Regulation 316/03 and as amended by
Ontario Regulation 135/15;
(iv) The Multi-Purpose, Recreational, All-Terrain or Off-Road Vehicle
is driven and operated in accordance with Section 20 to 24 of
Ontario Regulation 316/03 and as amended by Ontario
Regulation 135/15
4.
No Multi-Purpose, Recreational, All-Terrain or Off-Road Vehicle shall
be driven on a highway at a rate of speed greater than:
(a) 20 kilometres per hour, if the speed limit established under the
Act for that part of the highway is not greater than SO
kilometers per hour; or
(b) 50 kilometres per our, if the speed limit established under the
Act for the part of the highway is greater than 50 kilometres per
hour
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By-Law No. 2S -2015
PENALTIES
5.
Every person who contravenes any provision 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, R. S. 0. 1990 c.P.33 as amended.
EFFECTIVE DATE
6.
This by-Law shall come into force and take effect on the day of tis
passing and shall remain in effect until otherwise amended or
repealed.
7.
That this By-laws repeals all previous By-Laws and / or Motions of
Council pertaining to same
Read a First, Second and Third time and finally passed this the sth
Day of July, 2015
C. A. Tinney - Reeve
Brenda Vader - Clerk