Do You Need a Licence to Drive an ATV in Nova Scotia?

Nova Scotia is an ideal destination for off-roading, and while this invigorating sport is extremely popular, it can also be extremely dangerous. Because Nova Scotia is committed to traffic safety both on and off our highways and roads, you generally need a driver’s licence in order to legally operate an ATV (all terrain vehicle) in the province. If you’ve been injured by another ATV driver’s negligence, it’s time to consult with an experienced Nova Scotia vehicle accident lawyer, and the seasoned legal team at Preszler Injury Lawyers is standing by to help.

Off-Highway Vehicle Regulations in Nova Scotia

Nova Scotia publishes a Rules and Regulations Handbook regarding vehicle regulations as they relate to ATVs, and the basics include all the following:

• The rules set forth apply to all off-highway vehicles (OHVs), which include ATVs, snowmobiles, off-road motorcycles, dirt bikes and minibikes, dune buggies, and 4WD vehicles.
• Every OHV must be registered in Nova Scotia and must have a licence plate attached at both the front and rear.
• All OHVs must be equipped with fully functioning parking mechanisms that include both brakes and parking brakes.
• In order to drive your OHVs on private property that doesn’t belong to you or to a member of your family, you must carry at least $500,000 in liability insurance for each OHV in operation.
• All OHVs must have mufflers that work at least as well as those that were originally installed.

Where You Can Ride

Nova Scotia regulates where you can ride an ATV and other OHVs, and those places that are approved include the following:

• Forest access roads that the Department of Natural Resources controls
• K-class roads, which are abandoned roads that the Province of Nova Scotia no longer maintains
• Highway ditches in daylight, which you can use when travelling either against or with traffic
• Highway ditches at night, which you can use when travelling in the same direction as traffic
• Private roads that are designed to be OHV accessible or are accessible for the purpose – when the landowner provides written permission – written permission can be obtained by purchasing a trail permit

Where You Can’t Ride

There are also places where OHVs are never allowed. These include drinking water supply areas, vulnerable natural areas such as sand dunes or wetlands – except when there is at least a foot of snow covering or when crossing is approved under the Environment Act – and coastal and highland barrens.

Driver Requirements and Safety Training

The requirements for those who operate ATVs vary depending on the age of the driver. Drivers who are under the age of 19 must obtain a safety training certificate which involves taking a test that addresses both practice and theory, including all the rules set forth in the OHV handbook. Topics include all the following:

• Driving safely
• Using safety equipment properly
• Knowing where it’s legal to drive and where it isn’t
• Recognizing the risks associated with negligent driving practices

It’s important to note that there are separate courses available for ATVs, off-road motorcycles, and snowmobiles, and if you need a safety training certificate, you must have one for each kind of OHV that you operate. Additionally, the parents of children who operate OHVs and require supervision must pass the relevant safety training courses in order to provide them with adequate supervision.

Those Who Are Under the Age of 13

Children must be at least 6 years old to operate an OHV in Nova Scotia, and the vehicle they drive must be properly sized for them. Further, a driver who is between the ages of 6 and 13 must pass a safety training course that is designed for younger drivers, and a parent or guardian must attend along with them.

Most importantly, young drivers who are not yet 13 are only allowed to ride ATVs on approved closed courses when they are under the direct supervision of either a parent or guardian – who is watching them ride. The only time that those who are younger than 13 can ride outside these parameters is when they are supervised by an instructor during safety training.

Those Who Are Under the Age of 16

Those who are not yet 16 must pass the required OHV safety training course before operating an ATV on the trails. Those in this age group can ride anywhere that their parents or guardians are allowed to ride, but these adults must be able to see and supervise them in the process. The parent or guardian who is supervising the child must also have passed the safety training course for the kind of OHV in question.

Those Who Are at Least 16 but Aren’t 19 Yet

Those who are between the ages of 16 and 19 are required to take the safety training course. Alternatively, however, when someone in this age group has a valid driver’s licence, they can opt out of the course but must pass the safety training test.

The Parents of Children Who Ride

If you are the parent or guardian of a child who is under the age of 16, you must have a safety training certificate and a valid driver’s licence. Further, when you supervise your children, you must be able to see them.

Breaking Down the Rules

Generally, those who ride ATVs in Nova Scotia are required to have a driver’s licence. Those who aren’t, however, are required by the OHV Act to obtain a Safety Training Certificate. In order to load or unload an OHV along a highway or road or to cross a non-controlled access road or highway on your OHV, you must have a driver’s licence, and these activities typically go hand in hand with off-roading.

In order for an OHV driver to be exempt from the safety course requirement, all the following must apply:

• You were at least 19 years old on April 1, 2006, and you purchased an OHV prior to this date.
• You registered your OHV prior to September 30, 2007.
• You have a valid driver’s licence.
• You are not the parent or guardian of a child who is under the age of 16 and rides OHVs.

Other potential pathways to exemption include all the following:

• You are the spouse or partner of someone who is exempt.
• You can prove that you passed a Canada Safety Council OHV course in 1991 or later.
• You use an OHV in relation to your employment, and your employer complies with the Occupational Health and Safety Act.
• You are self-employed – as a farmer or fisher, for example – and use an OHV in the course of your work.
• You are a government employee who uses an OHV to perform your work-related duties.
• You limit your off-roading to driving a golf cart on either a public or private course.

The bottom line is that you are generally required to have a driver’s licence in order to operate an ATV, but there are some highly specific exceptions to the rule.

Is a Side-by-Side an Off-Road Vehicle?

Canada recently added side-by-sides – or utility terrain vehicles (UTVs) – to its list of restricted-use vehicles, which includes ATVs and and dirt bikes. Side-by-sides often sport on-road features, which means some can be operated on open roads. In other words, side-by-sides can be either off-road or on-road vehicles, but when they qualify as on-road vehicles, all relevant motor vehicle safety standards apply.

Preventing Off-Road Accidents: Off-Road Safety Rules

Off-roading is an exhilarating pastime, but it can also be quite dangerous. In order to stay safe when you’re hitting the paths, keep all the following in mind:

• Having an ATV safety course under your belt ensures that you have the knowhow and skill to enjoy off-roading more safely.
• Inspecting your ATV before you ride sets the stage for safety every time you head out.
• Wearing high-quality, well-fitting safety gear is a critical component of off-road safety. Keep in mind that helmets are required by law in Nova Scotia, including for side-by-sides.
• Sticking to designated trails and proceeding across roadways with all due care is always the best safety policy.
• Protecting the safety of others on the trails should be a top priority every time you off-road.
• Observing all trail rules, including all posted warnings and signs, is an important part of making the trails safer for everyone on them.

It’s also important to carry a first-aid kit, tow rope, and emergency supplies with you every time you ride and to let someone else know what you have planned before you hit the trails. Keep in mind that it is not only against the law but also extremely dangerous to drive any motor vehicle while under the influence of drugs or alcohol, and ATVs are no exception. Finally, remember that all the safety precautions that you put into effect can be derailed by another off-roader’s negligence.

How to Prove Liability in an Off-Road Accident

Proving that the other driver’s negligence was the direct cause of the accident that left you injured comes down to evidence. This often begins with the testimony of eyewitnesses at the scene, which may be augmented by photos and videos captured as the accident unfolded.

Physical evidence, including the tracks left by the involved ATVs and the manner in which they landed, can also play a critical role. The peace officer’s report and any tickets issued, your own testimony regarding how the accident happened, professional accident reconstruction models, and expert testimony that deconstructs the mechanics of the accident can also be very important forms of evidence in your ATV accident claim.

Your resourceful Nova Scotia ATV accident lawyer will spare no effort in their focused quest to prove the other driver’s liability in your case. Their skill and legal insight can make a serious difference in the outcome of your claim and – in the process – can make a serious difference in your ability to recover.

Major Causes of Off-Road Accidents in Nova Scotia

Off-road accidents are often caused by driver negligence, which can come in a wide range of dangerous forms.

Impaired Driving

Yes, off-roading is a recreational activity, but it also involves driving a motorized vehicle over rough terrain, which makes adding alcohol or drugs to the mix incredibly dangerous. To put an even finer point on the matter, operating an ATV while under the influence is also against the law.

Distracted Driving

In order to drive safely, motorists must focus their attention on safely navigating the road ahead, and there is no room for distractions. When the road ahead is an unpredictable trail and the motorist is an ATV rider, the matter of distraction becomes that much more serious.

Speeding Excessively

Flying over the ATV trails at top speeds – or riding too fast for current conditions – not only makes ATV accidents more likely but also makes them more likely to be deadly. Whether you’re travelling on roadways or trails – in a car or an ATV – speed kills.

Aggressive Driving

Letting out one’s aggression when operating a motor vehicle of any kind is a profoundly dangerous idea. When an ATV rider with whom you share the trail is aggressive, it makes them unpredictable, which can directly affect your own safety. When you see the tell-tale signs of aggression, such as excess speed and a lack of concern for the safety of others, always give the aggressor in your midst a wide berth.

Failing to Follow the Rules of the Trail

Safe off-roading calls for careful adherence to the legal requirements and to all the posted rules, regulations, and warnings. Riders who are more interested in their own agendas than they are in helping to keep the trails safe for everyone on them make ATV accidents that much more likely.

Consequences of Driver Negligence

Driver negligence on off-road trails can lead to disastrous consequences that translate to very serious physical, financial, and emotional losses. If you’re the victim of another off-road driver’s negligence, prime examples of the damages you could face include all the following:

• Property damage to the your ATV and gear
• Medical expenses, which may include ongoing healthcare costs that relate to health complications or to future medical needs
• Your lost earnings, which may include lost earning power into the future
• Your physical and emotional pain and suffering, which can be immense and could outpace all the other forms of loss you experience combined

Establishing the full extent of your losses is an essential component of bringing a strong ATV accident claim that supports a fair settlement and your ability to regain your health and well-being.

How Our Nova Scotia Vehicle Accident Lawyer Can Help

If you have been injured due to another ATV driver’s negligence, you need skilled legal guidance on your side. The trusted Nova Scotia vehicle accident lawyers at Preszler Injury Lawyers appreciate the urgency of your situation and are well prepared to fiercely advocate for a settlement or court award that honors your rights and reflects your rightful compensation. Your claim is important to your future, so please don’t put off reaching out and contacting or calling us at 833-586-8282 for more information about what we can do for you today.