Whitehorse Daily Star

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Pictured Above: DAVE PRUDEN, DENNIS SHEWFELT

City looks to apply brakes to ATV tomfoolery

The city will be calling on the Yukon government to make some major changes in the regulation of off-road vehicles

By Stephanie Waddell on October 21, 2010

The city will be calling on the Yukon government to make some major changes in the regulation of off-road vehicles this evening when it meets with the legislature's Select Committee on the Safe Operation and Use of Off-road Vehicles (ORVs).

Under the proposal, the city would have the power to seize ORVs. As well, riders would be subject to more stringent rules throughout the territory.

The select committee is overseeing the public consultation underway over territorial legislation governing the use of ATVs, dirt bikes and the like. The process began earlier this year when concerns arose over the machines' safety and environmental impact.

The city has its own bylaws on the use of both snowmachines and ATVs or dirt bikes.

However, as bylaw manager Dave Pruden explained to council members at a mid-day Wednesday meeting, city staff are hoping any change to territorial legislation would make for better enforcement in municipal boundaries.

"In line with the Yukon government's review of ORV legislation, the city has several requests for amendments that would enable city officials to identify offenders and adequately enforce bylaw provisions,” it was stated in a report on the potential changes the city will seek.

Under the city's proposed changes, territorial legislation would:

• require all ORVs to be registered with the territorial motor vehicles branch when they are sold;

• require all ORV drivers to have a valid driver's licence;

• require all ORVs to be insured for public damage and personal liability;

• require all ATV and snow machine bylaw fines to be paid before an owner could get or renew their registration or driver's licence;

• give municipalities the authority to seize ORVs;

• allow municipalities the ability to set standards for signs related to ORVs; and

• require all riders to wear a helmet when driving the vehicles.

Though it wasn't on the list, deputy Mayor Ranj Pillai also suggested drivers be required to take a course, a proposal that will come forward tonight as well.

"I think that's important,” Coun. Dave Stockdale agreed when Pillai put his idea forward.

Staff will also ask that any legislation include provisions about operating without headlights, as it becomes difficult for pedestrians to see ORVs that lack lights.

It will also make a request that the access to information agreement between the city and Yukon government be updated so information on licence plates could be accessed for offences committed under bylaws in order for the city to find the offenders.

"Currently, the agreement allows the city to access motor vehicle registration information for the purposes of enforcing the Motor Vehicles Act, and the traffic bylaw for limited situations as it relates to the Vehicle for Hire Bylaw,” reads the document presented by Pruden.

Most important though, he emphasized, is the proposal to register ORVs with the motor vehicles branch.

"Having vehicles registered with (the branch) and required to contain a plate would allow city bylaw officers or citizens who witness an offence to record the licence plate, which allows for future follow-up,” Pruden explained.

The suggestion that a driver's licence be required, meanwhile, comes in response to the many complaints the city has received over the number of minors driving ORVs.

"A valid driver's licence would help ensure driver education was obtained and help prevent minors from riding ORVs,” Pruden said.

The insurance requirement comes out of the fact many ORVs aren't insured. That means in cases where there are collisions resulting in damage, the only recourse for compensation is through the courts.

The proposal that fines must be paid off before an ORV can be registered would be an extension of a 1995 regulation that those with outstanding vehicle fines – including for traffic bylaw offences – can't register vehicles until the fines are paid off.

Pruden noted vehicle seizures would be for cases where bylaw has "reasonable or probable grounds” to believe there could be a threat to public safety or where it's believed an offence may continue to be committed.

"It would also provide more incentive for operators to ensure their vehicles are in good working order, are properly operated and insured,” Pruden stated in his report. Standards for signs would provide a good way to inform the public about regulations, he added.

Finally, the requirement to wear helmets throughout the territory would mirror the city's own bylaws, which make helmets mandatory for ATV and snow machine operators.

"Having territorial legislation would help bolster this safety effort and provide a united message to the public on the importance of ORV safety,” Pruden said.

He and city manager Dennis Shewfelt stressed the city's suggested amendments are being made in an effort to improve safety.

Shewfelt added he hopes the proposal isn't perceived as an opportunity for a huge enforcement campaign to begin if the city has its way.

"Education remains the priority,” he said, adding the ability to enforce should be there when it's needed.

And it appears in some cases it is needed.

Pruden cited a mounting number of complaints over ORV use in the city, especially around ATVs in more urban areas.

There have been recent cases of a pedestrian being hit, a dirt bike colliding with a barrier and another ATV driver coming close to hitting a pedestrian but running into a tree instead, he said.

"Things are escalating out there,” he said.

It's anticipated next spring would be the earliest any legislation out of the consultation would be passed.

The city is set to meet with the legislative committee at 6:00 this evening.

Comments (9)

Up 0 Down 0

Parent in Watson Lake on Oct 26, 2010 at 8:45 am

I am a parent of 4 teens, I would much rather they be out on the 4 wheeler than drinking beer downtown with their buddies. My kids wear helmets and respect the speed limits on any road they may have to cross to get to our local trail system. I will admit they ride late on the weekends, but again it's better than out drinking or worse.

It won't be long the same laws will be passed here then all hope of keeping my kids off the booze is over.

What a shame people in government must dictate what we do with our own lives and free time. We live in the great outdoors let us enjoy it.

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Born and Raised Yukoner as well on Oct 25, 2010 at 2:29 am

This has really gone too far, I grew up in a rural Yukon Community and if it hadn't been for the fun winter's of snowmobiling I probably would of ended up like most of the Youth today, drinking and drugging. I think having the freedom to ride the trails saved me from that lifestyle. If I was a Yukon Youth of today that required a driver's license to ride, which isn't obtainable until the age of 16 I probably would be finding unhealthy recreational activities to occupy my time.

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Born and Raised Yukoner on Oct 22, 2010 at 8:25 am

This is going too far.

I would like to thank all of the bad apples out there that have ruined it for the rest of us.

It was inevitable that this type of regulation would come into play due to the ignorance of a small margin of us riders out there.

Once again thanks allot!

Up 0 Down 0

Nancy Tanner on Oct 22, 2010 at 8:08 am

Why is the city trying to pass more bylaws when it can't or won't enforce the ones already on the books?

All Cyclist still don't wear a helmet or obey the rules of the road.

Just wait until the next snow fall to see how many tire tracks weaved around the barricade saying the bike path is closed.

I sure would love it if i could ID the cyclist I see riding on the side walk because they had a license plate on the back. Which would mean I could go and take this info to bylaw and get them to impound their bike.

You failed miserably at regulating cyclist so now you switch your witch hunt to ATV and snowmobilers? Why? That makes about as much sense as paying a truck driver more than a firefighter! Ohh wait...you think that makes sense too....never mind

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Shane Hurst on Oct 22, 2010 at 7:17 am

I agree with lawrence this has gone way to far

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Common sense on Oct 22, 2010 at 5:55 am

Lawrence: As long as you're in compliance with the (proposed) law nothing changes.

Surely you encourage your son to wear a helmet and respect other trail users and the environment?

The license, registration and insurance also protect YOU both legally and financially in the event you hit someone, or are hit by another ORV.

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Mike Kohler on Oct 22, 2010 at 5:10 am

Hate to say it, but I have warned you people from these regulation n.... for a long time! They are in cahoots with the enviro/safety zealots and will not shy back to get in your personal lives to implement their fascist ideas for society. And for the City of Whitehorse, it is beyond your jurisdiction to dictate what goes outside your boundaries! These do-gooders have infiltrated every level of government. They need to be stopped now by refusing their phony arguments.

Put these draconian regulations in place and unelected Dave Pruden's exaggeration of "things escalating out there' may just become reality, or could one say his job security?

Up 0 Down 0

Lawrence Bredy on Oct 21, 2010 at 1:12 pm

Sooooooo....gone are the days when a father and son can leave their house on their snowmobiles or ATVs, take off into the back trails, offend nobody, have a nice day, and return and park the equipment all because some a-holes are ruining it?

Aren't you guys forgetting about us?

I'll bet most of you legislators don't even own a sled or quad.

Back to Ontario with the lot of you!

Hey Listers, Checkered Flag, Yamaha, Honda, et al, you may as well close up shop as soon enough we won't be able to use any of the recreational equipment you guys sell, including power boats... THAT'S NEXT...JUST WATCH.

I'll watch for a reasonable reply from a reasonable individual. All others can begin their journey to Ontario.

Up 0 Down 0

Anthony on Oct 21, 2010 at 10:35 am

This is the smartest thing the city has done in the couple decades I've lived here.

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