Report frowns on lack of ATV rules
The territory needs to strengthen its laws around off-road vehicle use, officials with the Canadian Pediatric Society believe.
The territory needs to strengthen its laws around off-road vehicle use, officials with the Canadian Pediatric Society believe.
In a report the society released Thursday, the territory is listed as poor, while it followed with a fair rating for legislation surrounding the use of snowmobiles.
In the Yukon, it's noted, there's no specific legislation governing ATVs.
At least one Yukoner agrees.
Marsh Lake resident Perry Savoie, whose grandson, Chase, died in an ATV crash in 2002, said he was surprised to learn there is no legislation around ATVs whatsoever.
'We're the only jurisdiction left with nothing,' he said, pointing out the report showed snow machines are the only area where helmets are required.
While cyclists are required to wear helmets in Whitehorse, under a city bylaw, there are no requirements under territorial legislation.
Although Savoie recognizes Yukoners, generally, aren't big fans of more regulations, he argues there needs to be something done to pare the number of critical injuries young people are suffering in ATV accidents.
'Along with the regulations, there's got to be some method,' he said.
While enforcement may be one way to manage the regulations, Savoie said he would prefer to see work done most on the prevention front rather than having it be a reaction at the end.
That could mean ensuring new drivers take education courses. He pointed out that while there are such courses in the territory, one class recently had to be cancelled due to a lack of interest.
Other regions have rules where any ATV drivers under 14 must be supervised by an adult.
Savoie noted that while the 16-year age limit Quebec (which was rated excellent for its legislation) has on ATV drivers may be a little too restrictive in the Yukon, he spoke in favour of the regulations around education, helmets and the supervision of adults being required for children under 14.
While a helmet may not have saved his grandson's life in that accident, Savoie noted the chances are better for those who strap on a helmet.
'I think that's what it's all about,' he said.
Savoie recalled a number of years ago many people protested legislation requiring the use of seatbelts. The legislation has shown seatbelts save lives, he said.
'We all fought seatbelts with a passion,' he said of the law, phased into the Yukon in 1985.
The report's author, Andrew Lynk, said this morning he was a little surprised that legislation around helmet use for snowmobilers exists in the territory, but not for ATV use.
Ultimately, the society suggests that off-road vehicle legislation be in place with a minimum operating age of 16, passenger restriction to the number the vehicle is designed for, mandatory helmet use, training, licensing and registration, along with a complete ban on using three-wheeled vehicles.
Those under 16 are often not strong or mature enough to drive an ATV safely, Lynk suggested.
Three-wheeled ATVs stopped being sold in the 1980s because of their instability.
Also listed in the report as having poor ATV legislation are British Columbia and Alberta.
B.C. has no provincial legislation on the use of ATVs, though all ATVs must be registered and no one under 16 can register the vehicle. There's also no legislation on helmet use.
In Alberta, there's no minimum age for drivers, though drivers under 14 can't use highways and have to be supervised by an adult on private property. Like B.C., there's no helmet requirement either.
Quebec is the only province to rate excellent in its ATV laws with its minimum driving age of 16 and a mandatory course for 16- and 17-year-old drivers. Helmets are also mandatory.
The territory ended up with a fair rating on snowmachine safety legislation, which sets a minimum driving age at 16 for riding on the highway and requires all drivers and passengers to wear helmets.
The society doesn't recommend snow machines be operated by anyone under 16. It wants to see a graduated licensing program. It also states snow machines shouldn't be used to tow anyone on a tube, sled or saucer.
Lynk pointed out there are numerous areas for the territory to work on its legislation.
The territory ended up with a poor rating in bicycle helmet legislation because there is none (though the city has one); in child and youth mental health care planning because there's no information on a mental health plan or on monitoring of wait times; on pandemic influenza planning, which is in development; and on a child and youth advocate because the territory doesn't have one.
The Yukon ended up rating fair on its booster seat legislation which requires children under six years old to be secured in a child restraint system. There are also various requirements depending on the child's weight and some public education programs in place as well, it's noted.
On obesity prevention and promoting physical activity, the territory was rated as good for its physical education required for kindergarten to Grade 10 and because some programs encourage healthier beverage choices. Daily physical activity; however, is not mandatory.
Work could be done on getting more junk food out of the schools and more daily physical activity, Lynk said.
He noted he was pleased to see proposed legislation that would ban smoking in all public places in the territory.
While he recognized the territory has a small population dispersed over a large area that makes enforcement of regulations sometimes difficult, he noted there are things that can be done.
In the fall, Lynk will be visiting the territory to meet with government officials about the report and look at what can be done in the Yukon.
The report is done every two years.
While Lynk is quick to note there are many groups working to change legislation around children's safety, he pointed out efforts have seen graduated licensing become the standard in all regions, while smoking bans and removing junk food from schools are also becoming more common.
See related story below; more on the society's report, p. 24.
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