O. Reg. 99/09: Pilot Project - Low Speed Vehicles in Controlled Environments


Published: 2009-03-16

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ontario regulation 99/09

made under the

highway traffic act

Made: March 4, 2009
Filed: March 16, 2009
Published on e-Laws: March 18, 2009
Printed in The Ontario Gazette: April 4, 2009

Amending O. Reg. 449/06

(Pilot Project — Low-Speed Vehicles)

1. The title to Ontario Regulation 449/06 is amended by striking out “Project” and substituting “Projects”.

2. The Regulation is amended by adding the following heading and sections:

PART I
GENERAL

Definition of low-speed vehicle

0.1 In this Regulation, 

“low-speed vehicle” means a motor vehicle that,

(a) meets the definition of low-speed vehicle in subsection 2 (1) of the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada), and

(b) meets the requirements for low-speed vehicles set out in Schedule III to the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada).

Compliance label

0.2 A low-speed vehicle shall bear a label affixed by the manufacturer stating that it is in compliance with the requirements for low-speed vehicles in section 6 of the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada).

Pilot projects re low-speed vehicles

0.3 (1) A pilot project to evaluate the use of low-speed vehicles on highways in parks and on conservation authority land or conservation land is continued under Part II.

(2) A pilot project to evaluate the use of low-speed vehicles on highways in controlled environments is established under Part III.

(3) A pilot project to evaluate the use of low-speed vehicles on highways is established under Part IV.

(4) The Minister shall conduct and complete an evaluation of the use of low-speed vehicles on highways under this Regulation on or before October 1, 2014.

Prohibitions

0.4 (1) No person shall drive a low-speed vehicle on a highway except as permitted under Part II, III or IV.

(2) No person shall sell, offer or display for sale, or lease any low-speed vehicle for use in Ontario unless its compliance label bears the notation “ONT-LSV-BASIC”, signifying that the low-speed vehicle was manufactured to meet the requirements set out in section 10, or “ONT-LSV-5CMVSS”, signifying that the low-speed vehicle was manufactured to meet the requirements set out in section 19.

(3) Despite subsection (2), a low-speed vehicle may be sold, offered or displayed for sale, or leased without a compliance label notation if the low-speed vehicle is to be operated under Part II only.

(4) No person shall drive a low-speed vehicle on a highway other than a low-speed vehicle the manufacturer or importer of which was, at the time of the vehicle’s manufacture or importation, registered with Transport Canada as a manufacturer or importer of low-speed vehicles.

3. Section 1 of the Regulation is revoked and the following substituted:

PART II
USE BY CERTAIN PERSONS ON HIGHWAYS IN PARKS AND CONSERVATION LANDS

Definitions

1. In this Part,

“conservation authority” has the same meaning as “authority” in the Conservation Authorities Act;

“conservation authority land” and “conservation land” have the same meanings as in the Conservation Land Act;

“conservation officer” means a conservation officer under the Fish and Wildlife Conservation Act, 1997;

“provincial park” has the same meaning as in the Provincial Parks and Conservation Reserves Act, 2006;

“public park” means land designated by a municipality by by-law for use as a park.

4. Sections 2 and 3 of the Regulation are revoked.

5. Subsections 4 (1), (2) and (3) of the Regulation are amended by striking out “driver’s licence, other than a Class M1, M2, M or G1” wherever it appears and substituting in each case “Class A, B, C, D, E, F, G or G2”.

6. Subsections 5 (1) and (2) of the Regulation are amended by striking out “Regulation” wherever it appears and substituting in each case “Part”.

7. The Regulation is amended by adding the following section:

Vehicle to be in good working order

5.1 Every person who drives a low-speed vehicle and every owner of a low-speed vehicle who permits its operation shall ensure that the vehicle is in good working order and that,

(a) no component, equipment or other feature that was part of the vehicle when it was manufactured or imported is missing or rendered partly or wholly inoperable;

(b) no component, equipment or other feature of the vehicle that is required by this Part is missing or rendered partly or wholly inoperable; and

(c) the vehicle has not been modified to permit it to attain a rate of speed greater than 40 kilometres per hour.

8. Section 6 of the Regulation is amended by striking out “Regulation” and substituting “Part”.

9. Sections 7, 8 and 9 of the Regulation are revoked and the following substituted:

PART III
USE ON HIGHWAYS IN CERTAIN CONTROLLED ENVIRONMENTS

Permitted use

7. (1) A person who holds a valid Class A, B, C, D, E, F or G driver’s licence may drive a low-speed vehicle,

(a) on a highway on Pelee Island for which the maximum rate of speed permitted is 50 kilometres per hour or less; and

(b) on a highway for which the maximum rate of speed permitted is 50 kilometres or less, as long as the person drives the vehicle within 50 metres of property owned or occupied by a university or college of applied arts and technology.

(2) A low-speed vehicle being operated under subsection (1) may be driven,

(a) directly across a highway for which the maximum rate of speed is 60 kilometres per hour or less; and

(b) through an intersection with a highway the maximum rate of speed for which is not greater than 80 kilometres per hour, if the intersection of the two highways is controlled by either a traffic control signal or stop signs that control traffic in all directions.

Restrictions

8. The following restrictions apply to the operation of a low-speed vehicle under this Part:

1. The vehicle shall not be driven at a rate of speed greater than 40 kilometres per hour.

2. The vehicle shall not be driven while carrying any combustible fuel on or in the vehicle.

3. The vehicle shall not be driven while carrying a child passenger under eight years of age.

4. The vehicle shall not be driven while carrying more occupants than the number of seating positions in the vehicle, or more than four occupants, whichever is less.

5. The vehicle shall not be driven while towing another vehicle or device.

6. The vehicle shall not be driven unless a slow moving vehicle sign is attached to the rear of the vehicle.

Warning label

9. (1) Under this Part, a low-speed vehicle shall bear a warning label, affixed by the manufacturer or the importer, as the case may be, in a location or locations plainly visible to the driver and to any passenger seated next to the driver, that states the following:

1. This low-speed vehicle cannot attain a rate of speed greater than 40 kilometres per hour.

2. This low-speed vehicle is not equipped with the safety features customarily found in passenger cars, and low-speed vehicle owners and drivers are advised to confirm the vehicle’s safety features, if any, with the manufacturer or importer.

3. The operation of this low-speed vehicle is restricted to controlled areas only, such as university and college campuses and resorts, and may be subject to other operating requirements imposed by law. Low-speed vehicle owners and drivers are advised to confirm the operating requirements that apply with respect to the highways on which they intend to operate the vehicle.

4. This low-speed vehicle emits little or no noise, and low-speed vehicle owners and drivers are advised that, as a result, other road users may not be alerted to the presence of the vehicle.

(2) No person shall sell, offer or display for sale, or lease any low-speed vehicle that does not bear the warning label referred to in subsection (1).

(3) The warnings set out in subsection (1) shall be displayed in characters that are at least four millimetres in height.

Equipment requirements

10. In addition to the equipment requirements that a low-speed vehicle is required to meet pursuant to subsection 13 (1), a low-speed vehicle being operated under this Part shall be equipped with occupant compartment doors.

Compliance label notation required

11. A low-speed vehicle being operated under this Part shall have a compliance label that bears the notation “ONT-LSV-BASIC” or the notation “ONT-LSV-5CMVSS”.

Declaration

12. (1) No person shall sell or lease a low-speed vehicle for use under this Part unless, prior to the completion of the sale or lease, the person provides the purchaser or lessee with a declaration, in a form provided by the Ministry, that sets out the safety and operating limitations of low-speed vehicles.

(2) Issuance of a vehicle permit for a low-speed vehicle may be refused if the owner or lessee, as the case may be, does not provide the Ministry with the declaration, signed by the owner or lessee.

Application of Act

13. (1) Subject to subsections (2) and (3), the Act and the regulations made under it apply to a low-speed vehicle and to its operation under this Part, as well as to a person who drives or has care or control of the vehicle.

(2) For the purposes of issuing a safety standards certificate in respect of a low-speed vehicle,

(a) the following provisions of Schedule 1 to Regulation 611 of the Revised Regulations of Ontario, 1990 (Safety Inspections) made under the Act do not apply if the low-speed vehicle is not equipped with the components or systems to which the provision applies:

(i) clause 1 (1) (e) that refers to the hood latch,

(ii) subsections 1 (8), (9) and (10) that refer to the fuel and exhaust systems,

(iii) clause 2 (3) (b) that refers to the brake failure warning lamp; and

(b) the inspection requirements and performance standards set out in Schedule 1 to Regulation 611 of the Revised Regulations of Ontario, 1990 apply with such modifications as are necessary and appropriate for the components or systems with which the vehicle is equipped.

(3) A safety standards certificate shall not be issued for a low-speed vehicle if the vehicle does not bear the warning label required by section 9 and the compliance label notation required by section 11.

Vehicle to be in good working order

14. Every person who drives a low-speed vehicle and every owner of a low-speed vehicle who permits its operation shall ensure that the vehicle is in good working order and that,

(a) no component, equipment or other feature that was part of the vehicle when it was manufactured or imported is missing or rendered partly or wholly inoperable;

(b) no component, equipment or other feature of the vehicle that is required by this Part is missing or rendered partly or wholly inoperable; and

(c) the vehicle has not been modified to permit it to attain a rate of speed greater than 40 kilometres per hour.

Reports

15. (1) If requested to do so by the Minister,

(a) a municipality shall report to the Minister on the use of low-speed vehicles in the municipality; and

(b) a holder of a permit for a low-speed vehicle shall report to the Minister on his or her use of the vehicle.

(2) The report shall be in writing and shall address any aspect of the use of low-speed vehicles that the Minister specifies in the request.

PART IV
USE ON HIGHWAYS

Permitted use

16. (1) A person who holds a valid Class A, B, C, D, E, F or G driver’s licence may drive a low-speed vehicle on a highway for which the maximum rate of speed permitted is 50 kilometres per hour or less.

(2) A low-speed vehicle being operated in accordance with subsection (1) may be driven through an intersection with a highway the maximum rate of speed for which is not greater than 80 kilometres per hour, if the intersection of the two highways is controlled by either a traffic control signal or stop signs that control traffic in all directions.

Restrictions

17. The following restrictions apply to the operation of a low-speed vehicle under this Part:

1. The vehicle shall not be driven at a rate of speed greater than 40 kilometres per hour.

2. The vehicle shall not be driven while carrying any combustible fuel on or in the vehicle.

3. The vehicle shall not be driven while carrying a child passenger under eight years of age.

4. The vehicle shall not be driven while carrying more occupants than the number of seating positions in the vehicle, or more than four occupants, whichever is less.

5. The vehicle shall not be driven while towing another vehicle or device.

6. The vehicle shall not be driven unless a slow moving vehicle sign is attached to the rear of the vehicle.

Warning label

18. (1) A low-speed vehicle shall bear a warning label, affixed by the manufacturer or the importer, as the case may be, in a location or locations plainly visible to the driver and to any passenger seated next to the driver, that states the following:

1. This low-speed vehicle cannot attain a rate of speed greater than 40 kilometres per hour.

2. This low-speed vehicle is not equipped with all of the safety features customarily found in passenger cars, and low-speed vehicle owners and drivers are advised to confirm the vehicle’s safety features with the manufacturer or importer.

3. The operation of this low-speed vehicle is restricted to highways the rate of speed for which is not greater than 50 kilometres per hour, and may be subject to other operating requirements imposed by law. Low-speed vehicle owners and drivers are advised to confirm the operating requirements that apply with respect to the highways on which they intend to operate the vehicle.

4. This low-speed vehicle emits little or no noise, and low-speed vehicle owners and drivers are advised that, as a result, other road users may not be alerted to the presence of the vehicle.

(2) No person shall sell, offer or display for sale, or lease any low-speed vehicle that does not bear the warning label referred to in subsection (1).

(3) The warnings set out in subsection (1) shall be displayed in characters that are at least four millimetres in height. 

Additional equipment and safety requirements

19. (1) In addition to the equipment requirements that a low-speed vehicle is required to meet pursuant to subsection 22 (1), a low-speed vehicle shall be equipped with,

(a) a speedometer;

(b) a windshield defrosting and defogging system;

(c) an interior heating system;

(d) occupant compartment doors;

(e) a three-point seat belt assembly that meets the requirements for Type 2 seat belts set out in Standard 209 of the Canadian Motor Vehicle Safety Standards; and

(f) a proximity warning system that, on being activated when the vehicle is in motion in the vicinity of pedestrians and cyclists, emits an intermittent sound signaling the vehicle’s presence.

(2) In addition to any other applicable safety requirements, a low-speed vehicle shall be equipped with,

(a) an occupant protection system that meets the requirements set out in Standard 201 of the Canadian Motor Vehicle Safety Standards;

(b) a driver impact protection system that meets the requirements set out in Standard 203 of the Canadian Motor Vehicle Safety Standards;

(c) an occupant restraint system that meets the requirements set out in Standard 208 of the Canadian Motor Vehicle Safety Standards;

(d) seat belt assembly anchorages that meet the requirements set out in Standard 210 of the Canadian Motor Vehicle Safety Standards;

(e) compartment doors that meet the requirements set out in Standard 214 of the Canadian Motor Vehicle Safety Standards.

(3) No person shall sell, offer or display for sale, or lease any low-speed vehicle for use under this Part unless the manufacturer or importer of the vehicle has provided the Ministry with evidence that it has been tested for, and has demonstrated, compliance with the requirements set out in the standards referred to in subsection (2) as if the vehicle were classed as a passenger car, as that term is defined in the Motor Vehicle Safety Regulations

made under the Motor Vehicle Safety Act (Canada).

(4) Issuance of a vehicle permit for a low-speed vehicle may be refused if the manufacturer or importer of the low-speed vehicle has not complied with subsection (3).

Compliance label notation required

20. A low-speed vehicle being operated under this Part shall have a compliance label that bears the notation “ONT-LSV-5CMVSS”.

Declaration

21. (1) No person shall sell or lease a low-speed vehicle for use under this Part unless, prior to the completion of the sale or lease, the person provides the purchaser or lessee with a declaration, in a form provided by the Ministry, that sets out the safety and operating limitations of low-speed vehicles.

(2) Issuance of a vehicle permit for a low-speed vehicle may be refused if the owner or lessee, as the case may be, does not provide the Ministry with the declaration, signed by the owner or lessee.

Application of Act

22. (1) Subject to subsections (2) and (3), the Act and the regulations made under it apply to a low-speed vehicle and to its operation under this Part, as well as to a person who drives or has care or control of the vehicle.

(2) For the purposes of issuing a safety standards certificate in respect of a low-speed vehicle,

(a) the following provisions of Schedule 1 to Regulation 611 of the Revised Regulations of Ontario, 1990 (Safety Inspections) made under the Act do not apply if the low-speed vehicle is not equipped with the components or systems to which the provision applies:

(i) clause 1 (1) (e) that refers to the hood latch,

(ii) subsections 1 (8), (9) and (10) that refer to the fuel and exhaust systems,

(iii) clause 2 (3) (b) that refers to the brake failure warning lamp; and

(b) the inspection requirements and performance standards set out in Schedule 1 to Regulation 611 of the Revised Regulations of Ontario, 1990 apply with such modifications as are necessary and appropriate for the components or systems with which the vehicle is equipped.

(3) A safety standards certificate shall not be issued for a low-speed vehicle if the vehicle does not bear the warning label required by section 18 and the compliance label notation required by section 20.

Vehicle to be in good working order

23. Every person who drives a low-speed vehicle and every owner of a low-speed vehicle who permits its operation shall ensure that the vehicle is in good working order and that,

(a) no component, equipment or other feature that was part of the vehicle when it was manufactured or imported is missing or rendered partly or wholly inoperable;

(b) no component, equipment or other feature of the vehicle that is required by this Part is missing or rendered partly or wholly inoperable; and

(c) the vehicle has not been modified to permit it to attain a rate of speed greater than 40 kilometres per hour.

Reports

24. (1) If requested to do so by the Minister,

(a) a municipality shall report to the Minister on the use of low-speed vehicles in the municipality; and

(b) a holder of a permit for a low-speed vehicle shall report to the Minister on his or her use of the vehicle.

(2) The report shall be in writing and shall address any aspect of the use of low-speed vehicles that the Minister specifies in the request.

PART V
REVOCATION

Revocation

25. This Regulation is revoked on January 1, 2015.

10. This Regulation comes into force on the later of March 21, 2009 and the day this Regulation is filed.