The first rule relates to the vehicle’s condition. It must satisfy the safety regulations of the Motor Vehicle Safety Act.
Principle features of off-road vehicle that meets regulation of the Motor Vehicle Safety Act:
• It has to be registered.
• It must have a functioning braking system and working mechanical features.
• It must be insured.
• It has to have working lights.
What drivers of off-road vehicles follow the rules that were laid down by authorities in Ontario?
• Those drivers that are at least 16 years old.
• Those drivers that are wearing the standard safety gear, including the goggles.
• Those drivers that have not accepted too many passengers; there should be a seat for each passenger. In addition, not a single passenger should be under the age of 8.
What rules must the drivers of off-road vehicles obey, when driving on the highway?
• Stay on the shoulder; travel in the same direction as the other traffic on that side of the highway.
• Do not venture into a construction zone.
• Do not pass any other vehicles, unless you find that your speed allows you to pass an ATV.
• Obey the speed limit; use hand signals, in order to tell other drivers what you intend to do.
• Yield the right-of-way to other vehicles that are on the shoulder of the road.
• Use both your headlights and your taillights. You must make sure that your presence is not overlooked.
Why do personal injury lawyers need to become familiar with the rules about off-road vehicles, as stated in the Motor Vehicle Safety Act?
Because those vehicles are allowed to travel on the road’s shoulder, any one of them could collide with a car, truck, van or SUV. In order to determine who should be named at-fault for such a collision, it becomes necessary to see if any of the involved drivers had chosen to break a traffic law. Evidence of a driver’s failure to obey the law manages to strengthen a charge of negligence.
In addition, if a police report states that one of the involved drivers had chosen to disobey the law, it becomes harder for the defendant’s lawyer to present an argument that can suggest that the other driver was equally, if not guiltier, than the defendant. Still, that does not mean that the defendant could not possibly have a defense.
What could be the grounds for such a defense?
If an off-road vehicle with mal-functioning taillights collided with a car, the driver of the off-road vehicle might claim to be on the way to a repair shop, in order to have the taillights fixed. Personal Injury Lawyer in Waterloo know that the driver’s defense for entering a construction zone might be the absence of an obvious and suitable barrier.