Results 1 to 12 of 12

Thread: Deffinition of highway

  1. #1
    Join Date
    Jun 2010
    Location
    Toronto, Ontario
    Posts
    662
    Time Online: 1 Mth 5 Days 10 Hrs 18 Mins 33 Secs
    Avg. Time Online: 2 Mins 54 Secs
    Rep Power
    8

    Deffinition of highway

    Okay, So i have seen lots of stuff posted about non allowable on highways, but okay on trails, for example the stunt driving thread.

    now in one of my other threads, you mentioned a good start would be "Can you drive a car on it"

    What other things would we be looking for to differentiate a trail vs a highway...

    For example one of the places I love to go camping, on crown land, We ended up taking our old Volvo GLT in as far as we could get, with the 2 inches of clearance it had.. Made it quite a way in, till we ripped off the Gas line, Few other times we got a Caravan in, cost us a muffler ( which we did not leave on the trail I might add )

    So what other things too look for when defining a highway Vs a Trail ?

  2. #2
    Join Date
    Nov 2010
    Posts
    391
    Time Online: 1 Mth 6 Days 7 Hrs 49 Mins 11 Secs
    Avg. Time Online: 2 Mins 59 Secs
    Rep Power
    8
    Another great question!

    “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

    The definition unfortunately lends itself to interpretation, with many varying "highway vs trails" takes on it.

    The question I posed to you is always a good start. From there, some of the other questions you might ask, ARE cars being driven on it? Do people use it to access cottages/camps/lakes? What kind of frequency are these cars driving on it?

    I hesitate to say is it "maintained" because I don't want that to be taken as a Municipality type of maintenance (thats not required for it to be a "highway"), but is it possibly maintained by a logging company or a local group of surrounding land owners?

    After asking yourself these questions, unfortunately it still might leave you wondering whether or not it actually fits into this definition. There is no simple answer.

    If all else fails, I would suggest if you have a particular area in mind, inquire at the local Police station or detachment.

    If I can be of any assistance at all, please don't hesitate to ask.
    Opinions expressed are those of the author, accuracy of information posted cannot be guaranteed. These opinions in no way represent the OPP, any other Police Department or Police Officer.

  3. #3
    Join Date
    Dec 2007
    Location
    Odessa
    Posts
    1,285
    My Mood
    Happy
    Time Online: 3 Mths 2 Days 4 Hrs 33 Mins 57 Secs
    Avg. Time Online: 7 Mins 34 Secs
    Rep Power
    12
    look up the backroad maps.... all of those can be called roads so dont do anything inappropriate on them.... i have version 3 which also shows crown land
    If its a mechanical device i can fix it

  4. #4
    Join Date
    Nov 2010
    Posts
    391
    Time Online: 1 Mth 6 Days 7 Hrs 49 Mins 11 Secs
    Avg. Time Online: 2 Mins 59 Secs
    Rep Power
    8
    Quote Originally Posted by markr1001 View Post
    look up the backroad maps.... all of those can be called roads so dont do anything inappropriate on them.... i have version 3 which also shows crown land
    markr, that is an EXCELLENT book for sure! I carry one in my work vehicle all the time! I would agree, that likely if the roads show up in the backroads map book, they would be considered a "highway".

    Just so there is no confusion though, I should mention that having this book is no substitute for obtaining that local knowledge I mentioned above, when in doubt.

  5. #5
    Join Date
    Apr 2010
    Location
    Madoc
    Posts
    31
    Time Online: 2 Days 2 Hrs 14 Mins 9 Secs
    Avg. Time Online: 10 Secs
    Rep Power
    8
    Erase
    Last edited by Maverik; 06-08-2012 at 06:58 PM.
    2012 deep cherry red, JKU Rubi, auto, 4:10, 730n, wurx aggression front bumper

  6. #6
    Join Date
    Oct 2004
    Location
    beamsville
    Posts
    1,326
    Time Online: 2 Mths 18 Hrs 57 Mins 48 Secs
    Avg. Time Online: 4 Mins 59 Secs
    Rep Power
    15
    All-Terrain/Off Road Vehicle Use on Crown Land
    The use of all-terrain vehicles (ATVs) and off-road vehicles (ORV) is an increasingly popular outdoor activity that provides recreational and economic benefits to Ontario.



    Riders who wish to use Ontario’s Crown land must act responsibly to help ensure that the natural environment is protected for future generations.



    Protect the natural environment and avoid sensitive features such as wetlands, streams and wildlife habitat.
    Stay on recognized trail systems.
    Pick up and pack out litter.
    Respect other users of Crown land.
    To create a new trail, build a water crossing or hold an organized ATV/ORV event on Crown land, prior approval from the Ministry of Natural Resources (MNR) may be required. For further information on approvals or to make an appointment at a MNR Office near year you or call 1-800-667-1940.

  7. #7
    Join Date
    Nov 2010
    Posts
    391
    Time Online: 1 Mth 6 Days 7 Hrs 49 Mins 11 Secs
    Avg. Time Online: 2 Mins 59 Secs
    Rep Power
    8
    Maverik, Thanks for posting up again.

    I am not 100% sure what type of jurisdiction you are referring to. If you are talking about maintenance etc., then yes, that happened a number of years ago. Many roads where I have policed had changed from Provincial Highways to County Roads, District Roads and the like. The Province has maintained quite a number of them beyond 400 series, but definitely a lot of them were taken over by different Municipalities. An example would be 117 which runs through Baysville. It used to be a Provincial Highway, now it is a District of Muskoka Road. 118 which runs through Carnarvon, has remained a Provincial Highway.

    The jurisdiction in this thread talking about whether or not something is classified as a "trail" or a highway" is more to do with enforcement. From what I have read in the Municipal Act it appears to be a lot of administrative type of legislation. We follow the definition of a "highway" under the Highway Traffic Act, and it is far more encompassing as you mentioned.

    Hopefully that clears it up a little....

    ---------- Post added at 09:13 PM ---------- Previous post was at 09:09 PM ----------

    Quote Originally Posted by stach1 View Post
    All-Terrain/Off Road Vehicle Use on Crown Land
    The use of all-terrain vehicles (ATVs) and off-road vehicles (ORV) is an increasingly popular outdoor activity that provides recreational and economic benefits to Ontario.



    Riders who wish to use Ontario’s Crown land must act responsibly to help ensure that the natural environment is protected for future generations.



    Protect the natural environment and avoid sensitive features such as wetlands, streams and wildlife habitat.
    Stay on recognized trail systems.
    Pick up and pack out litter.
    Respect other users of Crown land.
    To create a new trail, build a water crossing or hold an organized ATV/ORV event on Crown land, prior approval from the Ministry of Natural Resources (MNR) may be required. For further information on approvals or to make an appointment at a MNR Office near year you or call 1-800-667-1940.
    This very worthwhile public service announcement has been brought to you by stach1.....

    Cheers!
    Last edited by ON OFFroad; 06-06-2012 at 10:16 PM.

  8. #8
    Join Date
    Apr 2010
    Location
    Madoc
    Posts
    31
    Time Online: 2 Days 2 Hrs 14 Mins 9 Secs
    Avg. Time Online: 10 Secs
    Rep Power
    8
    Erase
    Last edited by Maverik; 06-08-2012 at 07:01 PM.

  9. #9
    Join Date
    Nov 2010
    Posts
    391
    Time Online: 1 Mth 6 Days 7 Hrs 49 Mins 11 Secs
    Avg. Time Online: 2 Mins 59 Secs
    Rep Power
    8
    Quote Originally Posted by Maverik View Post
    You are probably the person to quiz about this. Police have to enforce the HTA, but are actual hired by the municipality. They have the power to choose OPP or another police force to do there policing. The municipal act defines what a highway is, and also states it overrules any other legislation on the matter. This thread asked the definationof a highway. The HTA does not define what a highway is.....it is about the laws of the road.....they don't own them. The municipality owns the "highways" or road allowances that we are talking about, therefore there act is the definition of what they are, and the police ,police for them. The province defines what the provincial highways are and the police, police them. The governing body defines what there highways are. The HTA is a policing legislation, as u said in your first post listing off where the juristiction is and no clear definition of what they are....because it doesn't do that. I would bet the police are paid different to patrol provincial and municipality highways also....just guessing at that.
    Maverik, I'll try to explain this for you without being too long winded, I'm having a bit of a tough time figuring out what you're asking.

    You said that Police enforce the HTA, but are hired by the Municipality. I obviously can't get into the fine details of both contract Policing and the agreements between Municipalities and the Provincial Government, I don't have anywhere near the expertise for that. Suffice it to say, Municipalities are not the only ones who hire Police.

    You then talked about the definition of a highway under the Municipal Act 2001. The way that laws work basically, is that each piece of legislation will have their own definition of terms that are pertinent to that legislation. There are literally dozens of pieces of legislation that define "highway". These include the Highway Traffic Act, all the way up to the Criminal Code of Canada. This doesn't mean that any one of them is right or wrong, or that one supersedes the other, it just means that definition is relevant to that piece of legislation.

    None of this is really applicable to who "owns" the road. The laws under the Highway Traffic Act are Provincial, as are the laws under the Municipal Act 2001 that you mention. I would imagine the standards of repair and maintenance type of issues has more to do with who "owns" the road.

    I hope this helps!

  10. #10
    Join Date
    Mar 2009
    Location
    Caistor Centre - Cultural Hub of the universe
    Posts
    4,937
    My Mood
    Buzzed
    Time Online: 10 Mths 3 Wks 5 Days 6 Hrs 28 Mins 58 Secs
    Avg. Time Online: 26 Mins 49 Secs
    Rep Power
    28
    Excellent response. That makes sense...
    A Member of:
    New Frontier 4x4 Club
    OF4WD 4928 & 6687


    1980 CJ Juggy
    2004 GC 4.7 HO Overland

    "Simple, yet functional....like a Sledgehammer"

  11. #11
    Join Date
    Apr 2010
    Location
    Madoc
    Posts
    31
    Time Online: 2 Days 2 Hrs 14 Mins 9 Secs
    Avg. Time Online: 10 Secs
    Rep Power
    8
    Erase
    Last edited by Maverik; 06-08-2012 at 07:03 PM.

  12. #12
    Join Date
    Mar 2009
    Posts
    4,500
    My Mood
    Aggressive
    Time Online: 11 Mths 3 Wks 21 Hrs 35 Mins 14 Secs
    Avg. Time Online: 28 Mins 55 Secs
    Rep Power
    13
    ^ was there a question in that ramble?


    This section is for users to ask questions and have the SAVE officer answer them...it is not intended for users to dispute his answer, nor is it to have users offer their own uneducated opinion on what the answer is. I say uneducated because, Maverik, you yourself admitted to being a lawyer wannabe in another thread.


    If you wish to further discuss the SAVE officer's opinion or answer and you do not have a further clarifying question relating to the original question, I would suggest you start your own thread in the Off Topic section, but do not expect the SAVE officer to jump in to that discussion as that is not his intended purpose here.


    If the direction of these threads continues to go the way they have with people trying to restate pretty much exactly what the officer has said or attempting discussion without further clarifying questions, then we will begin to delete every post aside from the original question and the officer's answer...at that point, all threads will be closed to users for posting.


    Don't like the rules, welcome to JeepKings.ca, a privately owned website provided for the users to learn, discuss, and display their Jeeps and to take part in the community, if you disagree with what is being said, I suggest you find another site/forum to enjoy.
    His ---> 04 LJ - 4.0L, Auto ɹnoɟ pɐǝɹʇǝɹ
    Hers ---> 75 Renegade Project - 304 V8, T15 3 speed uoıʇɐıɔossɐ ʎq pɐǝɹʇǝɹ

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •