The city task force considering the snow machine bylaw has been given another document to consider with Keith Lay's 14-page submission to the group.

In the submission filed last week, Lay points to a number of issues surrounding snow machine use in the city.

The long-time outdoors enthusiast argues it's too early for such a task force to be set up, with the legislature's committee on off-road vehicle (ORV) use to release its findings and concerns around enforcement, snowmobile use in protected areas, the age of drivers and helmet use.

Quoting extensively from the city's Protected Areas Bylaw, Lay told officials snowmobiles shouldn't be allowed in any protected areas in town and fines should be increased to better discourage violators of the bylaw.

"One only needs to drive down Porter Creek's Mountainview Drive in the summer to see the damage caused by snowmobiles to a so-called Protected Area,” he wrote.

"(The city) has abrogated its responsibilities with regard to the bylaw, as it allows ORVs that are currently prohibited to operate freely in the area. Even the Protected Area signs that used to be visible along the road have long since disappeared.”

Current regulations require any snowmobile drivers on territorial land to be 16 or older. However, Lay noted there's no enforcement of the regulation either by the city or territory.

In any case, the minimum age for operating a snow machine whether supervised or unsupervised on or off highways should be 16, he continued, citing the Canadian Pediatric Society's Recommendations for Snowmobile Safety.

Further documents from the Canadian Institute for Health Information, a study by the Mayo Clinic and Safe Kids Canada were also cited in Lay's argument for the age restriction.

"The evidence is clear,” he wrote. "No one under the age of 16 should be permitted to drive snowmobiles even if under the supervision of an adult. How can an adult effectively supervise an underage drive if the adult is on his/her own vehicle?

"Doing so may well put both the underage driver and the adult at risk for an accident. The city and the Government of Yukon should ensure that the operation of snowmobiles (and, for that matter all ORVs) is restricted to those 16 years of age and older.”

Lay went on to take issue with arguments by snowmobile manufacturers, retailers and clubs suggesting that education rather than regulation is the answer to a number of issues that continue to arise.

Some advertisements, he pointed out, do nothing to encourage environmental protection or the responsible use of snow machines.

Drivers should be required to take training, he suggested.

A number of issues too would already be addressed if the city and territory enforced their own laws and legislation around insurance and registration, highways and so on.

He then went on to point out city policies that appear in conflict with allowing off-road vehicles on multi-use trails.

"The city can hardly claim that it promotes active living if it allows ORVs to access multi-use trails which it maintains,” he wrote. "The potential for accidents is much increased.”

Governments, he continued, shouldn't be promoting motorized recreational activities at the expenses of non-motorized activities, but rather putting tax dollars behind those that are of a greater health benefit to citizens.

"Yet one of the issues the task force is addressing is ‘recreational opportunities for snowmobile riders.' ”

Finally, pointing to other jurisdictions in the country, Lay argued: "There is a growing frustration in Canada with regard to the use of snowmobiles and other ORVs in both urban and backcountry areas.

"It is hoped that the snowmobile task force will effectively address some of that frustration by providing more effective regulation and enforcement within the City of Whitehorse.”

In an interview this morning, Dave Pruden, the city's bylaw enforcement manager, said many of Lay's comments are already being considered by the task force (made up of retailers, user groups and community organizations such as the Yukon Conservation Society), which has had two meetings since it started work earlier this year.

Also to be considered will be the results of a survey the city is having done to gauge the community's views on snowmobile use. The survey is being conducted by DataPath Systems of Marsh Lake and is designed to be statistically valid.

"It's not just about the task force,” Pruden said.

As of this morning, he had not seen any results of the survey.

While Lay believes it's too early for such a task force to be established, Pruden noted it will ultimately be up to council to make any changes out of the report that comes forward.

"At the end of the day, it's council's decision to move forward,” he said.

It's expected the task force's final report will be submitted to council in March.