Off-road vehicles (ORV), also referred to as ATV’s, were a subject of discussion at the March 10, 2021 meeting of council. In Ontario, prior to January 1, 2021 the operation of ORVs within a road allowance was prohibited unless the highway is specifically listed in the regulation or a municipality passes a by-law permitting the use of these vehicles along municipal roadways.
As of January 1, 2021, Ontario regulation 316/03, Ontario regulation 8/03, & Ontario regulation 863 have been amended. The new regulations by default now allows for the use of ORV’s on municipal roadways where the default speed limit is 80km/h. Under the amended regulations, ORV’s are not be permitted by default on municipal roads with lower speed limits or speed limits higher than 80km/h.
Middlesex County Council has recently passed a by-law prohibiting the use of ORVs on Middlesex County roadways. Following consultation with the County, area municipalities, insurance representatives and the O.P.P., Southwest Middlesex passed a similar by-law to minimize the risk to the residents and general tax payers of Southwest Middlesex. It is expected that a number of the surrounding lower tier municipalities will be prohibiting ORV use in whole or in part with similar by-laws.
This by-law will be in place until such time that alternate arrangements can be made. Discussions are anticipated to take place with interested parties about the potential formation of an ORV club and are anticipated to include discussions about control permits for use on local roads, purchasing insurance from the provincial association, access to other trail systems in other municipalities and access to local Hamlets. The discussions will include our insurer, O.P.P. and by- law enforcement to ensure that all agencies are involved in any potential partnerships opportunities presented to council in the future. Once a full review has been completed, staff intend to bring further information to council about the potential formation of an ORV club in Southwest Middlesex.
It is important to note the amendments to the Highway Traffic Act still exempt; Farmers, Firefighters, Police, Ambulance, Municipal staff, Utility companies, and Conservation officers from the regulations as found in Operation of Off-Road Vehicles on Highways part IV.