Council affirms ATV and snowmobile bylaws
ATV and snowmobile riders in the city will have to continue to wear a helmet and register their off-road vehicles even though they won’t need to elsewhere in the territory.
ATV and snowmobile riders in the city will have to continue to wear a helmet and register their off-road vehicles even though they won’t need to elsewhere in the territory.
Third reading to amend both the all-terrain vehicle and snowmobile bylaws was passed and adopted Monday evening with just one change.
Council agreed to add to section seven of the bylaws the need for a valid licence plate along with a $300 fine in place for those who fail to have a plate.
Members then defeated an amendment that would have essentially repeated the requirement for riders to wear a helmet.
Coun. John Streicker had proposed adding the helmet requirement to another section of the bylaw.
He did so after a presentation earlier in the meeting by Keith Lay, an Active Trails Whitehorse director.
He argued the bylaw as it had been proposed was not as clear as it could be regarding where regulations are placed in the bylaw.
While council discussed the matter prior to passing third reading Monday night, it was argued the change could cause some confusion.
Coun. Mike Gladish wondered if the wording in one section that would state riders had to “produce” a helmet in the new section could result in a legal challenge if a ticket is issued to a rider for not wearing a helmet.
“I’m not sure why we need it in two places,” Gladish said.
He noted the bylaw should be clear that the helmet has to be worn, which is stated elsewhere in the bylaw.
Coun. Kirk Cameron also noted his concern with making changes to proposed bylaws “on the fly” without a legal review.
Bylaw manager Dave Pruden also cited the timeline the city is up against with the bylaw, as new Motor Vehicle Act changes come into effect this spring.
The changes to the Motor Vehicles Act mean riders will no longer be required to wear helmets or have a licence plate on their ATVs or snowmobiles, prompting the city to include the requirements within city limits.
Mayor Dan Curtis and Coun. Betty Irwin argued adding the helmet regulation to another piece in the bylaw would not change “the spirit” of the bylaw.
City manager Christine Smith, however, said the duplication could cause some confusion, though it could be written into the bylaws if that’s what council directed.
Smith also pointed out many residents don’t read through full bylaws.
Stressing the helmet and registration regulations to riders will be done through a communications campaign that could include media advertising, use of the city website and other initiatives to get the message out that helmets must be worn and off-road vehicles registered with a licence plate attached.
Council ultimately opted to adopt the bylaws without repeating the requirements.
Comments (5)
Up 20 Down 10
Salar on Mar 1, 2015 at 10:22 am
Folks with little else to occupy themselves harass orv riders.......Whitehorse truly is a City full of posers.......Council should stay away from pandering to the antis. The majority of Yukoners don't see a need to regulate orv's. Only newcomer city folk or old time hunter pals, who drove up every mountain on theirs, want to see them banned....as a legacy it seems. Trails only blah!
Up 14 Down 7
francias pillman on Mar 1, 2015 at 7:35 am
The Wilderness City? Pfffft. More like my feelings got hurt let's mess it up for the entire town "city". I suggest we ban anyone wearing clothes that were MADE IN CHINA from the Millenium Trail. It will protect the trees and the children.
Up 9 Down 22
Frank Michigan on Feb 26, 2015 at 4:09 pm
"ATV and snowmobile riders in the city will have to continue to wear a helmet and register their off-road vehicles even though they won’t need to elsewhere in the territory."
It will be interesting to see the level of compliance. Bylaw seems to like to give warnings rather than tickets. City administration seems to want to windowdress bylaws which most people will ignore.
Maybe its time for a neighbourhood watch program where people take the keys away from all those operators who create noise and ignore the city bylaws.
Up 11 Down 14
Keith Lay on Feb 26, 2015 at 10:58 am
When the amendments to the Motor Vehicles Act come into effect, "anyone under the age of 16 years must wear a helmet at all times while riding an off-road vehicle or snowmobile, whether or not they are riding on the roadway." In addition, "any off-road vehicle or snowmobile that is operated on, or that crosses over, the roadway part of any maintained highway, except those highways that have been specifically exempted under the act, must be registered, owners must have liability insurance, riders and passengers must wear a helmet, and operators must have a valid driver's licence." (Wade Istchenko former Minister of Highways and Public Works Dec. 1, 2014 in a letter to Mike Nixon MLA Porter Creek South concerning questions sent to Mr. Istchenko with regard to the revisions in question.) Operators of ORVs who drive their machines in B.C. should educate themselves with regard to the rules of operation in that province, particularly as a result of the amendments to our Motor Vehicles Act concerning such vehicles.
Up 18 Down 3
Whitehorse Resident on Feb 25, 2015 at 4:52 pm
Wonderful, another Whitehorse bylaw that like so many other bylaws are rarely or never enforced by a bylaw department that only responds to complaints instead of making patrols and proactively enforcing BYLAWS. Drive around Whithoerse to see the wilderness city... vehicles in boulevards, no sidewalk clearing by residents, drunk and disorderly people monopolizing downtown trails and intimidating tourists. They should call it the hillbilly city... Watch as the city staff and even their bylaw officers pass on by - handing out warnings only if you complain. Don't worry ATV'ers and Snowmobile riders, you'll be fine, the bylaw is just a piece of paper that won't change anything!