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Utility-Terrain Vehicles – Are They Regulated?

This notice is to be used only as a quick reference tool to establish the preliminary classification of a vehicle based on its unique characteristics and configuration when compared against the definitions in the Motor Vehicle Safety Act and associated Regulations. Users are directed to the Regulations for current definitions and safety standards applicable to their respective class of vehicle.

Transport Canada is issuing this notice to clarify the proper classification of utility-terrain vehicles (UTVs) under the Motor Vehicle Safety Regulations (MVSR). Many off-road UTVs are equipped with on-road features to the point of meeting the definition of an on-road vehicle.

Transport Canada looks at these UTVs on a case by case basis to assess their on-road capability. This ensures that vehicles designed with on-road capabilities are not improperly classed to get around federal standards.

Typical ATV

UTV

It is important to note that while some off-road vehicles are regulated, others are not. To properly understand how UTVs are considered under the MVSR, we must first clarify how typical all-terrain vehicles (ATVs) are regulated.

The vehicle definition “ATV” falls under the regulated class of “restricted-use motorcycle” (RUM). That definition requires that the vehicle be fitted with steering handlebars. A UTV is not regulated as a RUM because it is not equipped with steering handlebars. Therefore, UTVs are not regulated under the MVSR provided it was designed for off-road use only.

If it appears that the vehicle is not designed exclusively for off-road use because it has enough design features for practical on-road use, it may be deemed to meet the definition of an on-road vehicle. If this is the case, the importer/manufacturer must demonstrate that the vehicle complies with all Canada Motor Vehicle Safety Standards (CMVSS) applicable to the most suitable on-road vehicle class1.

If compliance to the applicable standards is not shown, the vehicle cannot be manufactured or imported into Canada2. If there is no clear design intent for the vehicle by the manufacturer regarding on or off-road use, Transport Canada considers the vehicle to belong to a regulated class of on-road vehicles.

OFF-ROAD
An off-road vehicle

DEEMED ON-ROAD
A deemed on-road vehicle

ON-ROAD
An on-road vehicle

The following criteria3 are used to determine whether a vehicle is designed exclusively for off-road use or not:

  • The original design intent of the manufacturer;
  • Whether vehicle design characteristics, features and limitations would make it highly impractical for the vehicle to mix with regular traffic on public roads;
  • If the vehicle manufacturer or dealer will assist the importer/end purchaser in obtaining a New Vehicle Identification Statement (NVIS) or a permit (vehicle ownership) to register the vehicle for on-road use;
  • Whether or not the vehicle is consistently promoted exclusively for off-road use; and
  • The likelihood that provincial, territorial, or foreign governments will permit the vehicle to be registered for on-road use.


Definitions:

UTV: A vehicle that fits the definition “all-terrain vehicle” under the MVSR and is equipped with a steering wheel.

ATV: “A wheeled or tracked vehicle, other than a snowmobile or work vehicle, designed primarily for recreational use or for the transportation of property or equipment exclusively on undeveloped road rights of way, marshland, open country or other unprepared surfaces.” – section 2 of the MVSR

On-road vehicle: A vehicle equipped with design features that enable it to be normally operated and to mix with regular traffic on public roads, including highways, streets, bridges, etc.

Off-road vehicle: A vehicle designed primarily for recreational use or for the transportation of property or equipment exclusively on undeveloped road rights of way, marshland, open country, or other unprepared surfaces.



Footnotes:

1 This applies whether the vehicle is imported /manufactured assembled or not. The intended use of the vehicle by the end purchaser is also irrelevant as the Act has no provisions for such intended use.

2 Unless it can be demonstrated that the vehicle was designed exclusively for off -road use, perhaps by listing the inherent design characteristics that support such a claim.

3 These criteria may be used individually or in combination at the discretion of Transport Canada.

Date modified:
2011-08-30