CO Authority To Enforce ATV Regs

[fishermccann]

Who says I do? Have you been following me? What do I drive? LOL. I am retired, so I am the old guy doing the speed limit, that is holding everyone up. I am in no hurry.

[welsh]

Fact: police officers have imperfect knowledge of more obscure points of law. How often does the average police officer find himself confronting a rider sans helmet on private land?

Funny that everyone agrees cops are shaky on gun laws, but we cite them as authorities on seldom-invoked sections of the ORVA.

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[trimmer21]

The ORVA states a differently in respect to insurance.

Idem

(4) Every owner of an off-road vehicle that is driven on land other than land that the owner occupies shall, upon request of a peace officer, surrender, for inspection, within seventy-two hours after the request is made, evidence that the vehicle was insured under a motor vehicle liability policy in accordance with the Insurance Act at the time it was driven. R.S.O. 1990, c. O.4, s. 15 (4).

Key words are "other than land the owner occupies" when someone is on land for which he has the owner's permission to be there as a guest.

[redd foxx]

Well you can be the Guinea pig and try it out. Always someone trying to circumvent the simple rules

Won't have to. I wear my helmut!

[SK33T3R]

For the record - I have ATV insurance and an ATV helmet.

BUT
when I ride a two wheeled pedal bike I do not where a helmet or spandex!
I guess that makes me a rebel and a danger to society.
You armchair lawyers might be able to answer this.
Why don't mailmen wear helmets? ... or Figure skaters?

[Woodsman]

Key words are "other than land the owner occupies" when someone is on land for which he has the owner's permission to be there as a guest.

Yes but does the "owner" in your quote refer to the owner of the land or the owner of the ATV? If you use the whole section it can be argued it is the owner of the ATV it refers to.

[fishermccann]

SK33 our curling club is making all the younger kids that start curling wear helmets, soon you will see all curlers with them.

[fishermccann]

Argue all you want, but I was present last year at our hunt camp and watched one of our hunters who was on his own ATV, on the farm that the camp is part of given a ticket by the OPP. The cop actually drove off the road ,onto the driveway to write him up.

[Woodsman]

fishermccann I agree and that is my point.
Just because one officer believes one way doesn't mean all believe the same way.
In the end it will be up to a JP or possibally a Judge to rule what is correct.

[greatwhite]

Just because an Officer writes you a ticket doesn't mean you actually broke the law that is for the courts to decide. Many believe that flashing your lights to warn of a speed trap is illegal but it is not as ruled by the courts (Alternating Lights are illegal). However some cops still write those tickets but if you take it to court it is always thrown out.