Tracking , yes…you are hunting. Recovering game is not hunting, as advised by a CO…..
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Above the the FWCA section that I think applies to using a vehicle to hunt. It is illegal to do that so if I'm riding my ATV which I can't use to hunt then I shouldn't need an orange helmut .... unless I get right off my bike and shoot a critter without putting on my orange cap. If he's saying I need the orange helmut while on the ATV because I'm hunting then he must be saying it is legal to use a vehicle to do those things above. Can't have it both ways!!Quote:
Vehicles, boats and aircraft, use for hunting, etc.
Vehicles
24 (1) A person shall not use a vehicle for the purpose of killing, injuring, capturing, harassing, pursuing or chasing wildlife.
Boats
That's my understanding,too. I was in court when a case came up on the docket exactly like that. The hunter was charged with "fail to wear proper orange........." His defense was that he wasn't hunting from his ATV because that was illegal. He was riding his ATV where orange helmet wasn't required until he got off his ATV,loaded his rifle and began to hunt. The judge bought it and dismissed the charge. Granted,that was quite some time ago,but,it's still simple common sense. That's why I'm quite surprised that the CO would state that the way he did.
X3 -You can not hunt from the ATV(can not even have a loaded gun on the ATV)Hunter orange is needed only when hunting. Thus -wearing orange while on ATV is a convenience thing, to hop off ,WALK off the road minimum 8 m !!!!! THEN load and THEN do the deed.
With the same logic everyone in possession of an unloaded firearm ,in season,while driving truck,car etc in areas inhabited with wildlife would need to wear orange hat and vest.
Not that i have an ATV,so i would need to worry:ashamed:
The difference is, it’s the law. You don’t need a DL unless on a roadway…..but you need a helmet, plate and insurance unless you are the owner of the property.
Helmet
[COLOR=#505050]19 (1) No person shall drive an off-road vehicle or ride on an off-road vehicle or on a conveyance towed by an off-road vehicle unless he or she is wearing a helmet that complies with the regulations, securely fastened under his or her chin with a chin strap. R.S.O. 1990, c. O.4, s. 19 (1).
Idem
[COLOR=#505050](2) This section does not apply to a person driving or riding on an off-road vehicle or on a conveyance towed by an off-road vehicle where the owner of the off-road vehicle is the occupier of the land. R.S.O. 1990, c. O.4, s. 19 (2).
I ended up spray painting my helmut orange after being warned by a CO during moose season.
Seen him the next day, he stopped us and he laughed pretty hard. I used that road orange spray can....did the visor and all complete orange. There...now I'm safe
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What about driving to my hunting spot in a truck? How is it any different? Am I required to wear orange in the truck? Often Ieave camp in the truck and drive to the other end of the property to start a drive or whatever. What's the difference?