COUNCIL REPORT. ATV Legislation Amendments and Township Roads

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1 COUNCIL REPORT ATV Legislation Amendments and Township Roads Report No. CL Meeting Date: January 12, 2016 Recommendation: BE IT RESOLVED that the Council receive report CL ATV Legislation Amendments and Township Roads as information. Purpose: Report No. CL provides a summary of ATV legislation including updated amendments for Council information so that Council can consider different options in allowing ATVs on Township Roads. The report also provides clarity regarding the new legislation in response to resident inquiries. Research for much of this report was undertaken by Will Jacques, Clerk of the Township of East Zorra Tavistock who shared his findings at a meeting of the Oxford County Clerks. Background Information: Brought before council as an information item on July 14, 2015, new ATV legislation was discussed briefly and Councillors shared that they had received various requests from residents to permit ATVs on Township roads. SubsequentlyJcorrespondence sent on November 6, 2015 from resident Derrick Stubbe requested that Council consider allowing ATVs on Township highways. This report provides background information on the legislation surrounding ATVs and considerations for Council. All-Terrain Vehicle (ATV) and Off-Road Vehicle (ORV) use is governed by the Off-Road Vehicles Act (ORVA), and section of the Highway Traffic Act (HTA). The section of the HTA legislation noted above was first amended in July of 2003 to give municipalities the authority to pass by laws permitting ATVs to be used on municipal roads. Specifically, Regulation 316/03 governs ATVs when operated on highways. At this time, no lower tier municipalities in Oxford County have passed a by-law to allow for A TV and/or ORV use on their roadways. As recently reported to Council, effective July 1, 2015, more types of ATVs and ORVs are now permitted on some Provincial highways and municipal roads. The specific definition of an ATV and ORV, as well other operational requirements and information, are included on the MTO web site: Discussion: A TVs and ORVs are permitted on selected Provincial highways which are identified under the HTA regulations. They are also permitted on roads directly under the jurisdiction of a particular A leader in the development and delivery of municipal services for the growth and well being of our community.

Report CL 01-2016 municipality where that municipality has explicitly allowed for their operation through the passage of a municipal by-law.

2 Report CL municipality where that municipality has explicitly allowed for their operation through the passage of a municipal by-law. If a by-law does not exist, then ATV and ORV operation is not allowed on the municipal roads in that particular municipality. Some municipalities that have passed by-laws have also provided for expanded rules to specify certain roadways, as well as months and/or hours that ATVs and ORVs can operate on their roadways. In conferring with all of the other Oxford County municipalities, no one else has a by-law in place at this, or feels that a by-law will be drafted for consideration in the near future. Further, none of the municipalities that border the Township outside the County (Malahide, Bayham and Thames Centre) have enacted by-laws authorizing ATV use on their roads. As such, while the passage of a by-law in South-West Oxford may have some benefit to the Township's residents, it would be of limited utility from an economic development perspective as it would not allow for the recreational travel of residents and visitors to and from the Township. Further, allowing ATVs and ORVs to use municipal roadways will have a certain degree of risk and could potentially expose the Township to additional liability. Some items to consider would be as follows: a) If a by-law is passed, the driver of the ATV or ORVis required legally to stay on the shoulder of the road and only if necessary, use the pavement. Therefore, the shoulder of the roadway would need to be able to safely support this type of vehicle through proper maintenance (ie no potholes, limited erosion and the shoulder may need to be widened etc.). A possible greater exposure could be present if an ATVwas forced to drive onto the paved section and as a result of limited visibility, be involved in a collision with a motor vehicle moving at a much greater speed. While the current Provincial Minimum Maintenance Standards would still apply, ultimately from a maintenance/ inspection perspective, the Township would likely be held to a higher level of accountability in ensuring the standards were adhered to. b) If there is an accident, especially if another vehicle is involved, the injuries will more than likely be severe - similar to that of a motorcycle collision. If an accident was to result in an individual(s) being seriously injured (i.e severe brain injury or became a quadriplegic), the settlement for that individual(s) could be in the many millions of dollars. Depending on the severity, it is that type of loss that could ultimately then have a negative impact on a municipality's insurance program. It is understood that accident benefits under many standard auto policies have recently been reduced and the driver of an A TV, more than likely, would be carrying minimum limits under their auto policy. If there is an accident and insufficient insurance is available to make the injured third party "whole", the courts generally look to the municipality. Unfortunately, the principle of joint and several liability requires that a municipality need only to be found 1% liable. East Zorra-Tavistock Clerk Will Janques has consulted with the Ontario Provincial Police (OPP) who have advised that enforcement would cause some ongoing challenges for personnel, given the ability for ATV and ORV riders to go from on-road to off-road so quickly. This needs to be viewed together with the general observation that many recreational ATV and ORV riders typically prefer off-road/trail riding conditions and therefore use roads primarily as a means of accessing certain off-road locations. As such, this could also lead to additional trespassing complaints (with certain A TV and ORV riders leaving the roadway and using unauthorized fields/ bush lots to 'play' in). All of this additional activity could lead to increased calls for service and hence, higher policing costs. A leader in the development and delivery of municipal services for the growth and well being of our community.

3 Report CL Lastly, it is important to note that despite section of the HTA, one of the exemptions found in section 2 of the ORVA is that farmers can drive an ATV or ORV on the travelled portion of most Provincial highways and municipal roads for "agricultural purposes", provided that all of the requirements set out in the legislation are adhered to. This exemption applies whether or not the highway is on the provincial list, or included under a municipal by-law. As an agricultural based community, this exemption may still allow for a benefit to some of the Township's residents. Attachments: 1) Ministry of Transportation- Legislative News Impacting ATVs on Roadways (originally on Council Agenda on July 14, 2015) 2) Correspondence from Derrick Stubbe (originally shared as New Business at December 15 1 h meeting) ;;E;Z;;:~ Lisa VanderWallen Clerk A leader in the development and delivery of municipal services for the growth and well being of our community.

4 Ministry of Transportation Office of the Minister Ferguson Block, 3n1 Floor 77 Wellesley St. West Toronto, Ontario M7A 1Z June 10, 2015 Ministere des Transports Bureau du ministre Edifice Ferguson, 3" etage 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z Xr -l ~ Ontario M His Worship David Mayberry Mayor Township of South-West Oxford Dereham Line RR 1 Mount Elgin ON NOJ 1 NO, Dear Mayor Mayberry: It is my pleasure to take this opportunity to share news affecting off-road vehicle (ORV) use in Ontario. I recognize that a number of Ontarians enjoy the use of their ORVs as well as the economic and tourism benefits and increased mobility associated with on-road use of ORVs. As such, I am committed to a collaborative approach in our development of policy. This collaborative approach included successful in-person consultations in January 2015, with the participation of 30 different stakeholder groups representing enforcement, municipalities, public health, ORV industry members, agricultural groups and trail organizations. Following that consultation, my ministry continued their engagement efforts by posting proposals to both the government's Regulatory and Environmental Registries for 45 days in order to seek additional feedback from the public. The period for public feedback ended on April 13, 2015, and we received almost 1,800 submissions. I am pleased to announce, as a result of these efforts, that existing on-road access rules for "single-rider" A TVs will be extended to additional ORV types which meet specified voluntary off-highway industry standards. These changes will take effect on July 1, 2015, and will allow two-up all-terrain vehicles (ATVs), side-by-side ATVs and utility terrain vehicles (UTVs) on permitted provincial highways and municipal roads where bylaws permit their use. Notably, there are no changes to the ORV municipal bylaw authority provided in the Highway Traffic Act (HTA). However, municipalities are encouraged to review existing bylaws to ensure they apply to these new ORV types. Additionally, these new ORV types require some safety rules unique to their configurations that do not currently apply to "single-rider" ATVs (e.g.; seat belt requirements, helmets and minimum age for passengers, etc.). While existing Highway Traffic Act offences will immediately apply, the focus of the next three months will be to educate the public about Ontario's road rules for these new ORV types and their additional safety requirements.../2

5 -2- I assure you that my ministry recognizes the importance of a vibrant, sustainable and safe power sports sector in Ontario, and we support providing Ontarians with options to safely explore our vast province. To this end, I have asked ministry staff to continue to engage stakeholders and community partners in discussions, including the topic of extending on-road access to additional types of ORVs such as UTVs, to ensure Ontario remains amongst the top jurisdictions in road safety. I thank you for your support and input on this initiative. My ministry looks forward to continue working with our municipal partners, as well as with enforcement, ORV and trail organizations, and interested road safety partners in communicating these changes during the public education period. Sincerely, Steven Del Duca Minister

6 Derrick Stubbe Prouse Rd. Mt.Eigin, ON, NOJ 1NO November 6, 2015 David Mayberry Mayor of Southwest Oxford Sweaburg Rd. Ingersoll, ON, N5C3J7 Dear: Mr. David Mayberry In Oxford County we are a farming community. Quite a few of us have jobs on farms just down the road, and it is always a pain for us to get dropped off by our parents. My family, we have a quad, and it would be so convenient for me just to take the quad to work. Even if they were able to be legal for farm purposes. Also, my grandpa has a farm just 8 minutes away, and I help out there quite a bit. It would just be so easy to quad over instead of my mom having to drive me there and back every time. I know that they aren't road legal, unless you have a G2 license, and you are only allowed to go a maximum of 50kph in a zone with a speed limit higher then 50kph, and 20kph in a zone with a 50kph speed limit or lower. I know that there are other people who woujd look at this issue and definitely would not be in favor of this idea. Their viewpoints on it would be that if they were made road legal, the drivers would be crazy and ruthless drivers. Others might say that it isn't safe because some quads are too slow. This is true to some point, but not to a point that it would cause legal trouble. Some utility quads are able to hit speeds of up to 120 kph. With these quads on the road, it would not be dangerous for things such as going to slow, unless they are speeding. These speeders could be ticketed for going too fast. Solutions that are possible and I think could be reasonable: If quads are able to do at least 70kph, then I think they should be legal, but they would still have to obey the speed limits of the road. The rules of ticketing for speeding would apply the same as they would to a regular vehicle, and the same as other violations of the law. Proper gear would have to worn, being a helmet that is approved. A licence plate would be needed, insurance, and be registered. Also you would have to be 15 years of age if possible, or ifthis isn't a possible solution, then you would have to have a beginner's drivers test that was passed. I think this is a good solution because many people in my area have the same problem. I have two friends just one concession away from me, and it would also be nice for me to legally go over there to have fun and be able to have the means to get to each other's house. In other more populated areas it would be not as much of a good idea, but in our farming community it would be a great solution.

7 I kindly asked that this might be something to talk about, and if you do, it doesn't necessarily have to be my solution; it could be twisted a bit, or modified, but I kindly ask that you would consider this. Sincerely, Derrick Stubbe

The Corporation of the City of Kenora. By-law Number

The Corporation of the City of Kenora By-law Number 166-2015 Being a By-law to control the use of Off-road Vehicles including All-terrain Vehicles, in the City of Kenora Whereas Section 191.8(3) of the