Police Beat – August 6th, 2014

Zero tolerance for ATVs and dirt bikes operating outside the law.

Throughout this summer the Fort Nelson RCMP and the community of Fort Nelson, have been working together to make Fort Nelson a safer place for pedestrians and motorists by providing information and direction in the safe proper operation of all-terrain vehicles and dirt bikes. As pointed out numerous times, it is just a few individuals who choose to disobey the law and tarnish the reputation of all that enjoy riding.

Over the past few weeks the Police Beat has included information about ATVs, laws, registration, and circumstances involving erratic operation of the vehicles. It would appear that since this information has been published, there has been an increase in occurrences of ATV’s racing through town in the middle of the night without lights, and no slow down in the number of quads and dirt bikes taking to the public roads during the day.

As it so often goes, the few that continue to show a total disregard for the rules and safety of others, are responsible for the consequent actions now being initiated by police, which will be a “Zero Tolerance” approach to enforcing the Motor Vehicle Act (MVA), ATV Act and Off-Road Vehicle Act (ORV) as they pertain to the operation of ATV’s and dirt bikes.

What Does This Mean for Riders?

If an ATV or dirt bike is being operated on a public road, the operator of that vehicle will be fined for operating without insurance ($598). In the past, there have been many instances of people responsibly riding their quad a block or two, from their house to the nearest trail, without interference from police, but because a quad cannot be insured for public roads, this is a major liability. A collision could occur, be it with another vehicle or a pedestrian, during that operation. This leaves the other vehicle or pedestrian vulnerable to damage and injury that cannot be paid for.

Yes, this is unlikely to happen, but it does happen on occasion. The real concern here is that a select few are not just trying to get from one trail to another by crossing a road, they are deliberately racing through the streets. Those riders, once caught, may face further charges of Dangerous Driving, Stunting, Driving Without Due Care to name a few and could very likely face criminal code charges. In these cases police will make application to seize their vehicle permanently.

In order to enforce the law, the police must do so in an equal and fair manner. This means all laws applying to all vehicles. The police cannot pick and choose who the laws apply to and decide others are exempt. The bottom line is, if you don’t want to pay a hefty fine and have your recreational vehicle impounded, don’t break the law.

Some Guidelines to Follow:

Public (or Provincial) land includes all public roadways as well as 45 metres on either side of the roadway. To clarify, driving down the shoulder of Simpson Trail, or even along the sides of the highway leading to the Muskwa Bridge, are not permitted under the Motor Vehicle Act and are subject to vehicle impoundment and a ‘no insurance’ Violation Ticket.

If you are operating outside of that area and are on BC Forestry Land, such as a BC forest road, you must be 16 years of age and carry a valid driver’s license. You must also carry a minimum of $200.000 third party liability insurance.

If you are operating on private land you are not required to be insured and may be under the age of 16 if the ATV is an age-appropriate model. To operate on private land you must first have permission from the land owner.

For anyone reading this, please talk to you friends and neighbours and make sure they are aware of the strict “zero tolerance” that is being enforced. This is not what some might call, a “Cash Grab.” The police do not want to take away your quads and dirt bikes. What police do want, is hopefully what the community wants, and that’s to put a stop to the few that continue to show their lack of maturity, responsibility, and common sense.