Tweaks for off-road vehicle bylaw

Times Contributor  

 

The public hearing for the new off-road highway vehicle policy had a small audience of two on August 20. A letter of concern written by Gord McDonald was also entered into the record for Council’s consideration.

Sgt. Jeff Cyr said that he took previous concerns of council and the public, and tried to incorporate them with the Municipal Government guidelines and the Traffic Safety Act to create a policy that would work for all ratepayers. 

He sent the draft to the legal consultant and they identified some changes. They indicated increased clarification was needed when aspects of the Traffic Safety Act applied. While the Traffic Act applies to land along highways Cyr clarified the bylaw would have sections that apply to public access on any county land. Public land was taken out as the county has no jurisdiction on private property.

The bylaw covers anything from 4-wheel drive vehicles to motorboats. There are restrictions to speed, and the county can suspend the bylaw in the event of an emergency. The bylaw would now require a working agreement for conducting work on roads or county property using any off-road vehicles, however, not for operating an off-road vehicle to reach a work area. The agreement includes a waiver of county liability. Operators would require a valid operator’s license and insurance, and the vehicle needs a visible license plate. If there were infractions both the owner and operator could be fined or required to appear in court. There is the possibility for council to impose increased penalties for repeat offenders. Complaints about possible bylaw violation will have to be sent in to the county Peace Officers in writing. It should include the complainant’s identification, the details of the violation and as much information about the person and the off-road vehicle in question.

There were questions about farm practises and the use of underage family members using off-road vehicles to help move cows or contribute to family farm activity. Hours of operation were a concern as farmers often work after dark. The use of helmets was also discussed. Cyr said it has always been illegal for an underage, unlicensed person to drive an off-road vehicle on roads or county property. 

“We started this revision to address urban needs, to allow certain people to do the things they needed to do. Now we have moved into rural use,” said Councillor Ben Armstrong.

Sgt. Cyr said the working access agreement will apply to both urban and rural areas. See the complete bylaw proposal at http://www.wheatlandcounty.ca/DocumentCenter/View/412 

Council closed the public hearing and directed Cyr to make some small revisions to the bylaw in preparation for second reading.