It would appear that the problem in our area is that ATV riders are just plain ignorant of the law or have been misled by the staff of the stores that sell these things that anything goes. Wrong! We urge the offenders to contact the Ontario Federation Of ATV Clubs to become educated. Driving ATV’s along railways, roadways, roadsides, waterways, residential streets or in parks and nature preserves is not OK. The following comes directly from an article that appeared in Sudbury’s “Northern Life.ca” written by Wendy Bird.
“People are under the impression that it’s OK to access area trails by taking these side roads and they’re not going to bother anyone,†said Constable Bert Lapalme, media relations officer with the Greater Sudbury Police Service.
“But according to the highway traffic act, ATVs do not meet the definition of a motor vehicle. Therefore they are not permitted on any road, street, highway, or anything else that is defined by the highway traffic act as being a highway.â€
This means riding in ditches alongside a highway, or riding on the shoulder of a road is also illegal.
“At this point in time the only place people can legally ride their ATV is on Crown land. Legally a person needs to either throw their ATV in a trailer or in the back of a truck and bring it out to Crown land or any private property that they either own or have written permission to use,†he said.
“We’ve had concerns with ATVs for years,†LaPalme said. “But especially now as they’ve become more popular. We’re going to see more enforcement and more patrolling since the formation of the rural squad that was created in last six months.†Recently police spotted a group of four ATVs and their drivers stopped on the side of a road in the Hanmer area. As they were about to pull over and talk to the drivers, the group drove off. One of the ATV operators stopped a short distance away and was subsequently issued a ticket for unlawfully driving an off-road motor vehicle on a highway.
Later that day the officers located the other riders and all three were charged with “escape by flight,†careless driving and unlawfully driving an off-road motor vehicle on a highway. The fine for “escape by flight†ranges from $10,000 to $25,000 and/or six months in jail. The offenders were 17 to 23 years of age.
But Smith concedes that people are legitimately confused about where they can and cannot ride.
“Just because there isn’t a no-trespassing sign or a fence up, that doesn’t give (a person) the right to run across these peoples’ property. But there are a lot of people out there that don’t realize they are driving across private property,†he said.
There ya have it.