Whitehorse Daily Star

Enforcement of off-road vehicle laws queried

Territorial politicians could be travelling to your community to gauge support for new restrictions on the use of snow machines, quads and dirt bikes in the territory.

By Jason Unrau on November 20, 2009

Territorial politicians could be travelling to your community to gauge support for new restrictions on the use of snow machines, quads and dirt bikes in the territory.

On Wednesday, members voted in favour of Klondike MLA Steve Nordick's motion to strike a select committee on the safe operation and use of off-road vehicles.

"It is imperative that this committee travel the Yukon without a preconceived opinion on what they might hear,” Nordick cautioned during debate on his motion

"I know there will likely be strong opinions on both sides of this discussion ... (and) a significant difference in opinions between rural Yukon and Whitehorse.”

Currently, Manitoba, Nunavut and the Yukon are the only Canadian jurisdictions without provincial or territorial legislation regulating the use of such transportation.

Similar to Manitoba, rules governing the use of ATVs in the Yukon are left with municipalities.

While a Whitehorse bylaw makes helmets and insurance mandatory for riders within city limits, outside of Whitehorse, no insurance or helmets are required.

But Liberal MLA Don Inverarity questions the enforceability of any existing municipal bylaws and noted current amendments to the Motor Vehicles Act would give such bylaws more teeth.

"But my biggest concern is the conflicting message being sent to the municipalities,” he said today.

"The Association of Yukon Communities asked for (changes to the Motor Vehicles Act). These committees are high-cost, and this stuff isn't rocket science.”

Inverarity did concede charging municipalities to regulate ATV use would only be valid inside municipal boundaries.

As ATVs are the primary transportation mode for many in rural Yukon and smaller communities, MacIntyre-Takhini MLA John Edzerza shared Nordick's view that there may be diverging opinions on how such vehicles should be regulated.

Edzerza added it was unfortunate that the behaviour of a minority of riders appears to be making it difficult for all citizens to own ATVs.

"I was going home one day last winter and out of nowhere, two Skidoos were coming past me one on either side of my vehicle,” he recalled.

"That is not only stupid but it is very dangerous because there is a lot of traffic on (the road) and where they passed me was just some people looking for a serious accident to happen.”

Steve Cardiff, the NDP critic for Community Services, said restricting the age at which one could operate an ATV could cut down on the number of mishaps and injuries.

"Off-road vehicles are pretty powerful, and at what age are riders of these vehicles fully aware of their physical limitations?” asked Cardiff.

"I'll remind members about the cognitive ability of younger people to make good decisions about their safety.”

Between 2004 and 2006, 99 people in the territory were treated for injuries involving ATVs and one death. No information was available on the ages of the injured riders.

Cardiff also suggested certain areas of the territory be made off-limits to ATVs to protect wildlife and the environment.

"(ATVs) also create tremendous access to our back country and our wilderness,” he said. "What is the link between declines of species, like caribou herds, moose populations and fish habitats?”

Last March, Environment Minister Elaine Taylor rejected a proposal that all ATVs be restricted from Pilot Mountain as a conservation measure for sheep in the region.

Comments (14)

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Kailey on Nov 30, 2009 at 6:33 am

Right on footprints, I agree with you 100% that excessive noise is a cry out for people to look at them because they think it's cool.

I love my ATV for the main reason that it's new and has a great muffler. I can barely hear it idle in my yard. If we are going to have strict regulations they should monitor the trails better on the greenbelt. I know that at the end of Birch Street, you can get onto a trail that connects to the dump and the Trans Canada, this is a motorized trail as it is clearly marked so; however, all of the little foot paths off of the main trail are NOT motorized unless marked so. We need harsher fines for those who decided they would rather use the non-motorized trails.

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Sandra Langer on Nov 28, 2009 at 2:37 pm

Just the fact the you folks are so worked up about this topic proves the point. There are a few inconsiderate ones ruining things for the rest of us. I can tell you when my family and I, along with friends are out on the trails, it is with the up most respect for others and the landscape. We pull over and turn off machines when coming across walkers or dog teams. Speaking with other people I know we are not alone in our polite way of riding.

I think it comes down to respect for others, respect for this beautiful place we live in, and teaching our children these values. Perhaps this is what is missing in the few that are abusing the unspoken rules. Maybe if their parents had taught them some manors and respect instead of letting them run wild! Hopefully that is what the new off road bylaw program will offer.

Hopefully a solution can be had here, a compromise? Maybe. But a total shut out to all off road? I doubt it. After all, the trails we all enjoy were for the most part made by the very machines you are so against.

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Heather on Nov 27, 2009 at 10:25 am

I don't have a problem with these machines persay, but I DO have a problem with 10 year olds ripping past my house in POrter Creek at breakneak speeds at ALL hours of the night revving the engines as LOUD as they can get them

I can't believe parents let their young kids drive such dangerous vehicles so irresponsibly, and at such bizarre hours.

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footprints on Nov 27, 2009 at 5:30 am

Clearly the decibel levels of noise produced by most recreational vehicles is unnecessarily excessive, at least the ones I notice (which is the reason people make excessive noise = to be noticed...)

It is naive to expect the problem will go away by itself without regulation and enforcement.

Expropriate all machinery operating without adequate muffling capabilities.

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Wayne Campbell on Nov 26, 2009 at 10:45 pm

Do the smart thing, and ban bikes and sleds from the city. Thinking and saying that these yokels are living an "outdoor lifestyle" is laughable.

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Dorothy LEBEL on Nov 26, 2009 at 6:30 pm

Yes, we badly need rules for off-road-vehicles (ORVs). People should be able to enjoy their neighbourhood green belts and trails without being subjected to dust, exhaust fumes and noise pollution that is heard for kilometres around. Hillsides around town have been ripped by these machines. Bylaw officers will tell you there's presently no law to prevent this. New trails are aimlessly carved all over the landscape, and ORVs are often seen circulating on non-motorized trails. And for what? What is the point of cruising these machine to greenbelts that can be reached within a few minutes of healthy walking? Ban ORVs altogether from circulating within subdivisions and at least 2 kilometres all around.

Not that we should shift the problem to the backcountry either. When ORV tracks in alpine areas have multiplied so badly that they can be seen from airplanes, as in the Miners' Range, then we need to do something about the impact on wildlife. How would you like to have these machines roaring through your dining room and shredding your food pantry? Limit these machines to already established back roads. We should have had rules 20 years ago for ORVs.

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Kailey on Nov 26, 2009 at 7:06 am

I agree with Mike, better educating people on safety is better than slapping a bunch of regulations on them.

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Mike Langer on Nov 24, 2009 at 10:39 am

I agree there are a few that ruin everything for the rest of us, I myself am waken up some evenings from loud sleds, quads, bikes, among other vehicles. But I promise you, for every 10 bad eggs there are, there are hundreds of good ones.

I'm wondering what will happen with the outdoor way of life in the communities if they are regulated to death? I'm sure there are many young people being taught how to live in the outdoors, riding an old skandic around well under the age of 16. And what will happen to all that money generated by rec vehicle sales of all kinds in the Territory?

And didn't the city just spend a pile of money going in a positive direction with education and safety training? Why not let that have a fair chance to fly instead of the almighty stepping into take over once again.

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Colin Horsnell on Nov 24, 2009 at 10:27 am

Yukonpete,

Just so you know it's the city of Whitehorse bylaw that requires me to ride on streets in Riverdale for example when going from one KSA trail to another. I dont want to ride along streets or infront of houses buit have no choice unless I want to break laws. Also the problem with noise is mostly due to loud pipes and exhaust. My Wife would never here me pull into or out of the driveway with a STOCK sled. I say if your going to ride in the city limits keep it stock and and SLOW DOWN!

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Kailey on Nov 24, 2009 at 6:50 am

Yukonpete,

I find that unfair to ban them from residential areas as I live in a residential area with many trails that I love to ATV on. I do agree that we should have restrictions of riding them on roads. Personally I think that if you do not have a license to drive you should not be allowed to operate any motorvehicle on the roads and that ATV's, snowmobiles, etc... should only be on a roadway if crossing that area is necessary.

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Wind River on Nov 23, 2009 at 7:55 am

Simple solution: Parallel the Motor vehicles act.

Valid license and insurance required.

Helmet required.

Must be 16 years of age.

Stunting or wanton destruction of private property or green space subject to criminal charges.

Recreation vehicles are not to be driven on city streets or highways. Non compliance results in fine or forfeiture of said equipment.

------------

There. Just saved the 'Ledge about 2 years worth of work and bickering.

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Yukonpete on Nov 22, 2009 at 3:27 am

I think ATV, snow mobiles and dirt bikes should be banned from roads and residential areas. I also think they should be banned from use with 2km of residential areas ( that includes riding them to and from the riding area ) I've lost count of how many times I've been woken up in the middle of the night from these inconsiderate jerks!

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Lawrence Bredy on Nov 21, 2009 at 3:20 am

DON'T restrict the operators of these machines who do so in a responsable manner because of the few who ride like idots. They will get their just reward, whether it be drooling in a cup or riding in a wheel chair (or worse) for the rest of their days. The majority of the users of these vehicles are responsable people who never make the news...leave us alone! We're just fine without all your rules.

Why do we have to punish the many for the actions of a few knuckleheads?

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francias pillman on Nov 20, 2009 at 9:53 am

What a joke and waste of tax payers money. Where's your little travelling circus on the issue of uranium mining? Where's your meetings on how yukon electric is stealing all our money and can't keep the power on? Where's your meetings on every yukon party member is a LIAR and is destroying the word democracy. If I was in power the yukon party would be deleted, PERMANETLY.

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