With warmer weather on the horizon, Ontarians are looking forward to the summer, more time spent at the cottage, and endless outdoor fun. In recent years, there has been a rise in the use of all-terrain vehicles such as “side by side” vehicles—along with questions about how and when they can be used. Further, like any vehicle, using a side by side vehicle comes with the risk of accidents, leading to further questions about potential liability issues.

If you are injured in a side by side accident (or if a person is injured while operating your side by side), keep in mind that the resulting claim is generally handled similarly to a motor vehicle accident. However, there are exceptions and technicalities relating to how and where side by side vehicles are used that can impact these types of claims.

This blog post will explain what side by side vehicles are and what operators need to know about use restrictions, liability, and more.

What is a Side by Side Vehicle?

A side by side vehicle is an off-road vehicle, often used for recreational purposes. These vehicles typically have two seats positioned side by side and are operated with foot pedals and a steering wheel.

Side by Side Vehicles and the Rules of the Road in Ontario

Side by side vehicles are categorized as off-road vehicles, or “ORVs”, according to the Ontario Ministry of Transportation. As such, they are governed by Ontario’s Off-Road Vehicles Act.

Are Side by Side Vehicles Street Legal in Ontario?

Side by side vehicles are, for the most part, not street legal in Ontario. According to the Off-Road Vehicles Act, ORVs are typically not allowed to be operated on Ontario’s highways. “Highways” are defined in the Off-Road Vehicles Act as “a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.”

However, there are some exceptions to these rules. For example, a side by side vehicle may be driven directly across a highway, provided that the operator has a valid driver’s licence. Side by side vehicles may also be driven on a highway if the driver is a farmer using the side by side vehicle for agricultural purposes or a trapper using the vehicle for trapping purposes. In all cases, the operator of the side by side vehicle must have a slow moving sign on the vehicle while operating it on a highway.

If the operator meets certain requirements, they can also operate a side by side vehicle on Highways 500 to 899 and other low-traffic highways. For a complete list of highways where you can operate a side by side vehicle, consult the Ontario Highway Traffic Act Regulation 316/03, Schedules A and B.

Who Can Drive a Side by Side Vehicle?

Under the Off-Road Vehicles Act, drivers of side by side vehicles must be 12 years of age or older. However, individuals under the age of 12 are entitled to drive a side by side vehicle on land occupied by the side by side vehicle owner or under the close supervision of an adult.

Furthermore, if you are operating a side by side vehicle on a highway, you must have a valid driver’s license.

Do I Need a Permit and Insurance for a Side by Side Vehicle?

To operate a side by side vehicle on a highway, you will need to obtain a valid registration permit and display the corresponding number plates on the vehicle. You will also need to obtain insurance under a motor vehicle liability policy pursuant to Ontario’s Compulsory Automobile Insurance Act.

Regardless of where you intend to operate your side by side vehicle, obtaining motor vehicle insurance is critical. For example, if you are only operating the side by side vehicle on private property, you may not be required to purchase an insurance policy. However, if you are involved in an accident (or injure another person), you may not have appropriate coverage or be entitled to accident benefits.

Do I Need to Wear Safety Gear While Operating a Side by Side Vehicle?

Regardless of the rules, it is recommended that side by side vehicles always wear appropriate safety equipment. However, under the Ontario Highway Traffic Act Regulation 316/03, Schedules A and B, side by side vehicles and passengers must wear an approved motorcycle helmet that they have securely fastened under their chin with a chin strap.

When driving a side by side vehicle on a highway, drivers and passengers must also wear a seat belt.

How Fast Can I Drive a Side by Side Vehicle?

Side by side vehicles are not permitted to travel at the same speed as cars and trucks on highways. If the speed limit is over 50 km/h, side by side vehicles can travel at a maximum speed of 50 km/h, and if the speed limit is 50 km/h or lower, side by side vehicles can travel at a maximum speed of 20 km/h. And, if you are operating a side by side vehicle on a municipal highway, there may be lower speed limits or additional guidelines that you’ll need to be aware of.

Side by Side Vehicles and Accidents in Ontario

As noted above, side by side vehicle accidents will typically be treated similarly to a “traditional” motor vehicle accident in Ontario—provided that the appropriate insurance coverage is in place and the operator was following the rules of the road.

For example, if a side by side vehicle operator is involved in a single-vehicle accident, they will likely be entitled to accident benefits if they have the appropriate insurance coverage in place. And, if another person is at-fault for the accident (for example, where a side by side vehicle is involved in an accident with another motor vehicle), the injured operator or passenger can likely bring a personal injury claim against the other driver.

It bears repeating that not carrying the appropriate insurance coverage for a side by side vehicle can have disastrous effects on your ability to access accident benefits or bring a personal injury claim against another party. Regardless of where you intend to operate your side by side vehicle, it is critical to obtain insurance coverage to protect yourself and others in the event of an accident.

Safety Tips for Side by Side Vehicle Operation in Ontario

Taking safety precautions before operating a side by side vehicle is the best way to minimize your risk of getting into an accident. Consider taking the following steps before embarking on a side by side vehicle adventure to bring peace of mind and spend more time enjoying yourself:

• Consult the Government of Ontario’s Smart Ride Safe Ride Guide for comprehensive guidance on safely operating off-road vehicles.
• Obtain the appropriate insurance coverage for your side by side vehicle before operating it.
• Wear the required protective gear and consider other options like appropriate footwear, eye protection, and clothing.
• Never operate a side by side vehicle while under the influence of alcohol or drugs.
• Consult your side by side vehicle manufacturer’s recommendations on load and passenger limits, and follow them.
• Create a trip plan if you are operating your side by side vehicle off-road (let others know where you are going and when you expect to return from your trip).

With these tips in mind, you can set yourself up for endless—and safe—summer fun on your side by side vehicle.

Experienced Motor Vehicle Accident Lawyers Serving Ontario

The trusted personal injury law team at Campbell Litigation, led by Richard Campbell, have the know-how to support motor vehicle accident victims with a wide variety of personal injury claims. Accidents involving side by side vehicles and other off-road vehicles can involve complex legal issues, which is why we will handle your claim to allow you to focus on recovery and moving on from the accident. At Campbell Litigation, we serve clients located in Kitchener, Waterloo, Cambridge, Guelph, Stratford and surrounding areas. If you have been injured in an off-road vehicle accident, or any type of motor vehicle accident, contact us online or by phone at 519.886.1204.