Orange Helmets

[Guest kbslayer]

Hi,

I was recently told that a new regulation was or has been passed regarding mandatory use of Blaze orange helmets while on ATV's during hunting season. Would there be any difference if you were hunting vs. recreational trail riding if it was mandatory?

I feel that if you are hunting it would be smartest to wear blaze orange as it maintains your visibility.

Any information would be helpful.

[Guest MNR]

ANSWER:

There isn’t any new legislation. What is in place comes from two pieces of legislation, the Off Road Vehicle Act and the Fish and Wildlife Conservation Act.

The requirement to use helmets on ATV’s is a regulation made first and foremost to ensure the safety of both operators and passengers. This legislated requirement can be found in the Off Road Vehicle Act and its Regulation as per the below excerpts:

OFF ROAD VEHICLE ACT

Helmet

19. (1) No person shall drive an off-road vehicle or ride on an off-road vehicle or on a conveyance towed by an off-road vehicle unless he or she is wearing a helmet that complies with the regulations, securely fastened under his or her chin with a chin strap. R.S.O. 1990, c. O.4, s. 19 (1).

(2) This section does not apply to a person driving or riding on an off-road vehicle or on a conveyance towed by an off-road vehicle where the owner of the off-road vehicle is the occupier of the land. R.S.O. 1990, c. O.4, s. 19 (2).

REGULATION 863 – OFF ROAD VEHICLE ACT

11. The requirements for a helmet for the purpose of section 19 of the Off-Road Vehicles Act are those set out for motorcycles in Regulation 610 of the Revised Regulations of Ontario, 1990 made under the Highway Traffic Act. O. Reg. 317/03, s. 3.

As you can see, the only exception to the requirement for a helmet is while on private land if you are the occupier. Regulation 863 and the Highway Traffic Act do not specify the colour of the helmet required. The requirement for Orange head cover is clearly defined in the Fish and Wildlife Conservation Act and ON Regulation 665. This requirement is once again made first and foremost in the interest of safety. The following excerpts from the Fish and Wildlife Conservation Act and Regulation 665/98 made pursuant to the act should clearly answer your question regarding the requirement for a “hunter orange” helmet.

FISH AND WILDLIFE CONSERVATION ACT

Hunter clothing

15. A person who holds a licence to hunt or trap shall, while hunting, wear coloured clothing in accordance with the regulations. 1997, c. 41, s. 15.

“hunting” includes,

(a) lying in wait for, searching for, being on the trail of, pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or harassed, or

( capturing or harassing wildlife,

REGULATION 665 – FISH AND WILDLIFE CONSERVATION ACT

26. (1) The holder of a hunting or trapping licence shall wear a garment in hunter orange and a head cover in hunter orange while hunting wildlife,

(a) during the open seasons for deer or moose, other than the seasons restricted to the use of bows only; and

( during the fall open season for bear. O. Reg. 665/98, s. 26 (1).

Therefore to clarify the answer; hunter orange head cover (an approved helmet in this case as mandated by the Off Road Vehicle Act) is required if you are hunting while operating the ATV.