Q: Where can off-road vehicles - including dirt bikes, ATVs and snowmobiles - be used within the city? If people are operating off-road vehicles where they shouldn't be, who is responsible for enforcing the rules? What kind of penalties can people face for using off-road vehicles where they shouldn't?
A: In a letter published in The Citizen on April 1, North Meadows area resident S. Husberg raised concerns about dirt bikers riding the trails alongside Foothills Boulevard, and the lack of clarity around who is responsible for enforcing rules on off-road vehicle users.
This is a perennial issue in Prince George, and one that has prompted many angry letters to the editor over the years by frustrated residents and park users.
City manager of bylaw services Fred Crittenden said off-road vehicles are regulated provincially by the Off-Road Vehicle Act.
The act, which came into partial effect in November, will be fully in effect on June 1 this year.
As of June 1, all off-road vehicles operating on Crown land will be required to registered with ICBC and display a number identification plate.
According to a fact sheet on the act released by the Ministry of Forests, Lands and Natural Resource Operations, the goal of the requiring registration and ID plates is to "help enforcement officers better identify irresponsible ORV riders that endanger others, damage the environment or harm animals."
In addition, off-road vehicle users who want to be able to cross public roads and highways at controlled intersections (stop signs or lights), or drive on highway right of ways must obtain an annual vehicle licence and ICBC insurance.
Licencing their vehicle will also allow off-road vehicle users to load and unload their vehicle in a parking lot.
Without this vehicle licence, off-road vehicles are not allowed on any public roadways at any time. Even with the licence, off-road vehicles are only allowed to cross at controlled intersections and are not allowed to drive down the road or cross at any other point on a roadway.
The Off-Road Vehicle Act allows for off-road vehicles to be operated on Crown land or private land. However, users must not operate the vehicles in a "careless, reckless or negligent manner" or endanger, damage, kill or harass people, property, wildlife or livestock.
They can't be driven on railway tracks or on private land without the consent of the owner, leasee or occupant.
In addition, the act requires all people riding off-road vehicles to wear an approved safety helmet and prohibits driving off-road vehicles more than 30 minutes before sunrise and after sunset.
Off-road vehicle drivers who violate the act can have their vehicles seized as evidence and face up to $5,000 in fines and six months in jail.
Crittenden said if someone believes an off-road vehicle is being used in violation of the act (driving on a public road, trespassing on private property, etc.) then they should report it to the RCMP. If the vehicle is registered and displaying an ID plate, try to get the number of the plate to report to the police.
However, the City of Prince George's Parks and Open Spaces Bylaw also places restrictions on where off-road vehicles can be used.
"We prohibit the use of off-road vehicles within all our parks and open spaces," Crittenden said.
The bylaw applies to parks, trails, sports fields, playgrounds, recreation areas, boulevards and any other green space owned by the city.
"Prince George has a great deal of forest-covered land - a lot of it is privately owned. As an owner of an ATV (or other off-road vehicle), you have to have permission of the property owner to use it," Crittenden said.
In short, the only place you can operate an off-road vehicle within Prince George city limits is on private property with the express permission of the owner. That means you can't operate them at Moore's Meadow, Ginters Meadow, Forests for the World, the trails along Foothills Boulevard or any other place within city limits.
Crittenden said if somebody is operating an off-road vehicle in a city park, along city trails or any other city land, to report it immediately to bylaw services.
If bylaw officers are able to catch the offender, they can be ticketed $50 or face up to $5,000 in fines for more serious offenses, he said.
However, one of the challenges in enforcement is determining whether the vehicle is on city land - and a bylaw services issue -or on private land, and an RCMP issue, Crittenden said.
But if you are within city limits and operating an off-road vehicle you are likely in violation of the Off-Road Vehicle Act and trespassing on private property, or violating the Parks and Open Spaces Bylaw operating on city land. Just don't do it.
Organizations like the Prince George ATV Club (www.pgatvclub.ca) and Prince George Snowmobile Club (www.pgsnowmobileclub.com) can point you in the direction of designated off-road vehicle trails where you can ride safely, responsibly and legally.
Riding on designated off-road vehicle trails also means you won't bother people out hiking, cross-country skiing, snow shoeing, dog walking, mountain biking, horse riding or otherwise trying to enjoy nature in peace and quiet.
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