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The Kitchen Table
joyfulguy

Memo to Prairie the wild Rose gal re Reggie the Rhino

joyfulguy
9 years ago

When I read a story/editorial in a local farm paper, "Western Ontario Farmers Forum" Vol. 3 No. 11 of November 2014 on pg. 6 titled, "ATV law punishing Perth farmer could punish you too", I thought of you and Reggie the Rhino, your newly-acquired toy.

A farmer in Perth (around the city of Stratford) was driving his '86 Honda ATV TRX 200 for a 30-second trip on the gravel road to a field in 2008 when he was hit from behind by a pick-up and the driver fled the scene but was later convicted.

The ATV driver was seriously injured both physically and mentally.

The appeal court says that he can't sue the driver of the pick-up, as he had no insurance, which isn't required for farm vehicles and he was ordered to pay court costs to the truck driver's insurance co. and his own insurance co.. He planned to take the issue to the Supreme Court of Canada but recently settled out of court.

A "self-propelled implement of husbandry" does not need road insurance, but the decision was that, though this machine was used 100% for farming, it hadn't been designed or redesigned "specifically for farming".

The dealer, who has sold such vehicles for 30 years, says that ATV ads usually promote their vehicles mainly to recreational users, hunters and farmers and most of his sales are to farmers for farm use.

But - there's the "Off Road Vehicles Act" ... and that vehicle is listed as an off-road vehicle, not as a farm implement ... so the injured man was held liable for not having insurance, rather than being able to claim against the perpetrator for negligence.

If you write to westerneditor@farmersforum.com they might send you the editorial, written by the editor.

This may well be related mainly to an Ontario law ... but you may want to check out your situation.

Wouldn't want you, in case of such injury, to have insult added to the injury of having no recourse.

Hope you enjoy your new toy ... and that Kobi soon "comes to heel" ... or should that be higher up - "comes to seat"?!

ole joyful ... sorry to be bringing a possibly less than joyful message


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Comments (3)

  • prairie_rose
    9 years ago

    Joyful, thanks for the info.

    I would have thought that the injured man would not be able to collect for damages because he had an off road vehicle ON the road.

    Where I have to go in Reggie does not require me to be on any public road, paved or gravel. The only road I may have to take is a private gravel road that goes no where but to private land. The bigger issue for me is hitting an irrigation dike and rolling it, but that is what seat belts and helmets are made for.

    But it is food for thought and good to know that I could be at fault, even if I am not at fault.

  • joyfulguy
    Original Author
    9 years ago

    Tractors, trailers, combines, etc. travel the roads here with no licence ... but this issue was whether it was a machine used exclusively for farming, it appears.

    And off-road vehicles have multiple uses.

    One doesn't need a licence on certain kinds of electric bikes/scooters, in Ont.

    o j

  • prairie_rose
    9 years ago

    Same here, but tractors, combines, etc., are supposed to be hiway safe, signal lights, flashers, tail lights, head lights, and the like. And farm machinery is covered under ones farm policy. Off road vehicles (quads, dirt bikes, side by sides) do not have signal lights and flashers, and traditionally cannot travel at speeds high enough for hiways. They should, however, be added to ones farm policy, if nothing more to cover fire and theft.

    I would still suggest that in the case you mentioned, the off road vehicle was not legal to be on the road, no matter what the operator was using it for, and as such, he would be libel. On the other hand, the hit and run vehicle should have also been fined and paid his own fees for leaving the scene of an accident, IMO.

    But, who can read what goes on in the mind of those who make those decisions.

    Anyway, Reggie and I do not have to be on any public road, and the private road is that, private, and so I can travel it without that worry.

    As for Kobi, I hope she changes her mind and decides to ride with me. Love her company! And love the fact you thought enough about us to give me the heads up. Thanks.

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