Hunter orange ATV helmet requirement.

[blasted_saber]

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.

This is exactly my opinion.

I am riding an ATV. Not hunting. It is illegal to have a loaded gun and discharge from an ATV.

[finsfurfeathers]

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!!

Guess the key word is the term "searching".
My Interpretation if the FWCA is you can't use the vehicle to physically interact with the animal however searching for an animal is allowed so not pretenent to the question at hand.
Searching for is covered under the definition of hunting and thats what is used for the determination.
So driving to your hunting spot with no intent to stop and kill game.... not hunting. Cruising a loggingh road looking for game with the intent to kill it ....hunting.

[onelessarrow]

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).

If you possess permission to be there you fall under the definition of occupier.

[rick_iles]

If you possess permission to be there you fall under the definition of occupier.

From the ORVA… occupier” includes,

(a) a person who is in physical possession of the land, or

(b) a person who has responsibility for and control over the condition of land or the activities there carried on, or control over persons allowed to enter the land,

even if there is more than one occupier of the same land; (“occupant”)

[cantgetright]

So to simplify, when a CO stops you on your ATV and asks if you are hunting, you say NO. If I'm driving a trail and come across a moose and its going to stand there and wait for me to get off the machine, get the gun out of the boot, and load the gun it can wait for me to throw my orange hat on to, which is always hanging off the handlebar anyway.

[SongDog]

In my case I was hauling a deer on the back rack of the quad going down an old rail way bed. We own both sides of the tracks and had hunter orange coat on and black helmet. Camp lane way was about 300 yards away. Didn't get charged, but was still considered hunting(gun on front rack unloaded in case) thats why I spray painted the helmet for the rest of the week lol

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[rick_iles]

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?

The big difference is, you are basically driving to your hunting spot. It will depend on where and what you are doing. Like I said, cruising cuts looking forward moose with an ATV….you are hunting, by definition….
This is the same discussion every year, I figured CO Critchlow’s response would solve the issue….but apparently not !!

[LiveBates]

I take zero chances...despite the yelling, hootin' and hollerin' or what the other guys say at camp....I wear my hunter orange thong just to be on the safe side.......

[onelessarrow]

From the ORVA… occupier” includes,

(a) a person who is in physical possession of the land, or

(b) a person who has responsibility for and control over the condition of land or the activities there carried on, or control over persons allowed to enter the land,

even if there is more than one occupier of the same land; (“occupant”)

Whether you're a tenant, a worker or a hunter, (b) is applied.
If I have permission to hunt on said land, l am responsible for the activities carried out on the land.
Occupant.

Plowing my neighbor's driveway with my ATV without a helmet is not breaking any law.

[Bushmoose]

I take zero chances...despite the yelling, hootin' and hollerin' or what the other guys say at camp....I wear my hunter orange thong just to be on the safe side.......

Do they slip fivers in the elastic?