Whitehorse Daily Star

Mayor leery of off-road vehicles law

Mayor Ernie Bourassa says a proposed bylaw governing off-road vehicles 'seems to go a little far.'

By Whitehorse Star on January 6, 2004

Mayor Ernie Bourassa says a proposed bylaw governing off-road vehicles 'seems to go a little far.'

At Monday evening's council meeting, bylaw manager John Taylor brought forward a report which looked at combining the current All Terrain Vehicle Bylaw and the Snowmobile Bylaw.

However, under the new regulations, Bourassa noted, children may not be able to enjoy their Kitty Cat snowmobiles, a brand of smaller snow machines made specifically for children, even on private property.

Under a section on licencing requirements:

  • No person shall operate an off-road motorized vehicle on a highway in the city unless that person has been issued a driver's licence and the driver's licence is valid;

  • No person shall operate an off-road motorized vehicle in any area of the city unless that person has been issued and is a holder of a valid driver's licence;

  • A person who, on demand of an officer, fails to produce his operator's licence is guilty of an offence.

A person must be 16 years of age or older to get a driver's licence and the definition of highway includes driveways that are publicly or privately owned.

Highway is defined as any cul-de-sac, boulevard, thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, ice road, trestle way or other place publicly or privately owned, any area of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles.

Bourassa questioned Taylor on whether the city would be regulating what people do on their private property.

Taylor pointed out the city's definition of highway was taken from the Motor Vehicles Act, which the city must follow.

'We are restricted by the Motor Vehicles Act,' Coun. Doug Graham said.

Taylor also told council he wasn't sure if a Kitty Cat snowmobile would technically be considered a snow machine.

He said bylaw officers aren't likely to be going onto private property anyway.

Administration noted combining the two bylaws eliminates a lot of duplication.

The bylaw would eliminate identification decals the city hands out to off-road vehicle users so owners would only have to get their plates as identification from the Yukon government.

Coun. Yvonne Harris noted her concerns of pickup trucks being driven on ski trails.

'It is a concern because they are coming onto the recreational trails,' she said.

Next week, council will vote on whether to go ahead with public consultation on the bylaw.

Taylor is proposing a temporary website be set up for comments on the draft bylaw, along with requesting comments from stakeholder groups.

An open house about the bylaw is tentatively planned for Jan. 20 from 7 p.m. until 8 p.m. with a report on the consultation proposed to come forward to council on Feb. 16.

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