MMIC/CATV lends support to NS riders
by Roddy MacLeod
06 March 2004
The Motorcycle and Moped Industry Council (MMIC) and the Canadian All Terrain Vehicle Distributors Council (CATV) lend their support to Nova Scotia riders in the debate over controversial proposed OHV regulations.
MMIC/CATV Fighting for rights in Nova Scotia
CATV Letter to Riders
Dear Rider:
As you know, off-road riding is facing a serious situation that could have an extremely detrimental affect on the usage of ATVs, off-road motorcycles and snowmobiles. A recent government Task Force Report made a number of very broad recommendations which threaten your right and your family's right to use and ride an off highway vehicle in Nova Scotia even when it is done in a safe and responsible way.
The Canadian All Terrain Vehicle Distributors Council (CATV) is a national, non-profit trade association that represents the responsible interests of the major all terrain vehicle distributors, as well as the aftermarket manufacturers and distributors of ATV related products and services and the retail outlets.
The CATV is committed to ensuring fair and reasonable policy options are implemented - options that foster rider safety and environmental protection but do not penalize the over one hundred thousand people in Nova Scotia who own and ride an off highway vehicle on a regular basis.
Action needs to be taken immediately before the proposed recommendations get implemented and cripple off-road riding across the province. We are urging all riders to write to the OHV Task Force and to their MLA and express your concerns over these recommendations. (Please see attached sample letter.)
Thank you for your attention to this request.
Sincerely,
Robert Ramsay
President
Canadian All Terrain Vehicle Distributors Council
www.catv.ca
To find the address for your representative in the Legislative Assembly of Nova Scotia, please visit:
http://www.gov.ns.ca/legislature/members/directory/constituencies.html
Letter to Government
MLA's Name
Constituency
Address
City, Province
Postal
Dear Name:
As a resident of your riding, I want to bring a serious situation that affects tens of thousands of people in Nova Scotia to your attention. A recent government Task Force Report on off highway vehicles made a number of very broad recommendations which threaten the rights of every off highway vehicle owner and rider in the province.
I am angry and very concerned about some of the proposed recommendations, which are extreme and unjustified. The tone of the Task Force's report is not balanced and the title 'Out of Control' is unfair to the over one hundred thousand off highway vehicle users in Nova Scotia.
I enclose a list of recommendations that OHV riders, dealers and the industry believe will foster rider safety and environmental protection but do not penalize responsible owners and users like myself.
I urge you to discuss this issue with your fellow MLA's to ensure all terrain vehicle, snowmobile and motorcycle owners and riders are treated fairly and can continue to enjoy the great outdoors and family recreation.
Thank you for your attention to this request.
Sincerely,
Dealer Name
City or Town
You can download this letter for your own use here:
NS_Rider_letter_to_Government.doc (44k file)Here is the CATV's response to the recommendations of the Voluntary Task Force:
The following comments summarize my position on each recommendation as outlined in the Task Force's report.
1. Vehicle Registration
Recommendation #1: OHV riders support the registration of all off highway vehicles on an annual basis. This would provide a means of owner identification, allow for penalties for misuse, and facilitate recovery of stolen vehicles. OHV riders strongly recommend that forty dollars ($40.00) from each registration be held in trust and be administered by those stakeholders who actually paid these monies with terms and conditions similar to those given these groups in New Brunswick and Quebec. Both of these are very effective and successful programs, which serve as an excellent model for Nova Scotia.
Recommendation #2: OHV riders support this recommendation.
Recommendation #3: Snowmobiles, all terrain vehicles and off-road motorcycles all have vehicle identification numbers (VIN). We recommend that the Ministry use the existing VINs for the proposed registry.
Recommendation #4: OHV riders oppose this recommendation. We see no benefit to enlarge the size or increase the number of license plates on an off highway vehicle that has limited space to mount such plates. The front plate would be difficult to mount due to accessories that are usually mounted on the front of ATVs. A larger plate would only gather more dirt, dust or mud and would be just an unreadable as a smaller plate. Larger plates can also become safety hazards because their sharp edges protrude more. If the belief is to make off-road plates more like on-road vehicle plates, then the plate-on-the-rear-only regulation adopted by many provinces should be considered. Also, please keep in mind that two plates double the cost of such a requirement. Snowmobile plates are traditionally mounted on the side of the vehicle because it would be impractical to attempt mounting a plate on the rear near the track.
Recommendation #5: OHV riders do not support this recommendation as proposed. First, the compliance timeframe is too short and the proposed fine may exceed the value of the vehicle. In addition, the time to sell the seized off highway vehicle at a public auction is not reasonable and not consistent with similar approaches in similar types of cases where 90 days is given.
Recommendation #6: OHV riders are concerned that this recommendation does not take into account the fact that a legitimate owner may have paid the taxes at the time of sale yet simply not registered the vehicle. Many off highway vehicles are in excess of ten years old and it will be very difficult to produce the proper documentation.
2. Operator Licensing
Recommendation #7: OHV riders support this recommendation but believe the timeframe suggested may be too short.
Recommendations #8 and #9: OHV riders doe not support these recommendations as they pertain to the mandatory licensing provisions. No other jurisdiction in Canada requires a license in order to operate an off highway vehicle other than to cross a public roadway. There are many different types of off highway vehicles each of which handles very differently from the others and each of which tend to be operated in very different climatic conditions. A mandatory licensing regime for off highway vehicles is impractical and, more importantly, there is no evidence to suggest it would improve operator safety.
3. Youth
Recommendations #10, #11 and #12: OHV riders oppose these recommendations. We strongly disagree with the statement on page 15 of the interim report that the cognitive and physical capacities of children (under 16 of age) are simply not sufficiently developed for them to ride an off highway vehicle safely, competently and responsibly.
Safety studies completed by the Consumer Products Safety Commission (CPSC) and other groups have found repeatedly that on an appropriately sized off highway vehicle youth under 16 years of age can operate them in a safe, competent and responsible manner. On a practical basis, thousands of children can and do safely and responsibly operate an off highway vehicle in Nova Scotia and across Canada every day.
The Four-Wheeled ATV Voluntary Standard issued by the CATV and the Four-Wheel ATV Equipment, Configuration, and Performance Requirements issued by the American National Standards Institute (ANSI) and the Special Vehicle Institute of America (SVIA) have been in place for many years. In the standards, ATVs are divided into different categories, of which, the youth category of ATVs is subdivided into Y-6 ATV and Y-12 ATV. The Y-6 ATVs are designed for children 6 to 12 years of age and the Y-12 ATV is designed for children 12 years of age and older. All Y-6 ATVs are equipped with speed limiting controls. The maximum speed of an Y-6 ATV is 16 kilometers per hour or less and the maximum unrestricted speed capability is 24 kilometers per hour or less. Considering that there were many comments received regarding the use of appropriately-sized ATVs for youths, we recommend that youth under 16 years of age be prohibited from riding a full sized ATV designed for people 16 years of age and older. We disagree with the possibility of allowing youth 14 and 15 years of age to ride an adult sized ATV.
The interim report also states that some comments and concerns were received regarding the safety of youth operators less than 16 years of age. I would be very interested in that accident data, who produced it and how it was produced. Please forward a copy of those studies or the information referred to. Studies by the Consumer Product Safety Commission have shown that off highway vehicles actually have a lower rate of injury than many other activities involving youth including hockey, football and riding a bicycle.
To summarize, we recommend:
(i) that children under the age of 6 should not be permitted to operate an ATV;
(ii) that children under the age of 12 should never operate an ATV with an engine size 70 cc or greater and should be supervised at all times; and
(iii) that riders under the age of 16 should never operate an ATV with an engine size greater than 90 cc.
4. Safety Training
Recommendations #13, #14, #15 and #16: Although OHV riders support rider safety awareness and rider training, we are opposed to these specific recommendations as drafted. Instead, OHV riders support the implementation of standards for safety awareness and training programs for off highway vehicle riders. We also support the implementation of a safety and training program for people under the age of 16 and for first-time riders without an operator's license.
To encourage responsible and safe operation of all-terrain vehicles, the ATV industry has published and distributed hundreds of thousands of copies of its educational booklet in English and French, developed and distributed a bilingual CD in conjunction with the Canada Safety Council, developed and implemented ATV rider training in Canada and since 1988 has funded the administration of ATV rider training.
We are aware that the ATV Association of Nova Scotia (ATVANS) has certified instructors and is offering rider-training courses. We commend their leadership in promoting safety. OHV riders are concerned about what the safety awareness and rider training courses will involve. Since different types of off highway vehicles handle differently, no one single training course could cover all types of off highway vehicle operation. The logistics and cost of providing rider training across Nova Scotia on a year round basis may not be practical or affordable. As a consequence, we recommend on-line safety awareness be made available where hands-on training cannot be provided by certified instructors.
5. Liability Insurance
Recommendation #17: OHV riders support the principle that purchase of the type of insurance coverage desired should be at the discretion of the all-terrain vehicle owner and made available as an addition to a household or farm insurance policy if the vehicle is used only on the owner's private property. If the all-terrain vehicle is used on public property it should have a separate vehicle policy. We believe this is particularly important since the insurance needs of owners of utility vehicles are far different from those whose all-terrain vehicles are used strictly for recreational purposes. Further, we believe amendments should be made to the insurance legislation and regulations to ensure the availability of this type of insurance before this requirement is made mandatory. As you are well aware, motor vehicle insurance has been a very sensitive subject and very few insurance companies are currently offering off highway vehicle insurance on a stand-alone basis.
6. OHV Infrastructure Trust Fund
Recommendations #18 and #19: OHV riders strongly support these two recommendations to establish and start an off highway vehicle Infrastructure Trust Fund as quickly as possible.
Recommendation #20: OHV riders strongly oppose this recommendation. We believe that the Chairperson of the Trust Fund should be chosen by the stakeholders who actually pay into the fund. As well, the fund should be administered by those who are paying into it and all other interested organizations should be members of the advisory group to the administrators of the fund.
Recommendations #21, #22, and #23: OHV riders support these recommendations although we would ask for clarification on the practical implementation of recommendation number 23.
7. Land Use
Recommendation #24: OHV riders support the development of a network of designated trails and park areas on public and private land with permission for recreational use of off highway vehicles. We are opposed to a total ban of off highway vehicle activity on all other public land, as this is much too broad and all encompassing provision.
Recommendations #25, #26, #27, #28 and #29: OHV riders support these recommendations.
Recommendation #30: OHV riders support the general concept but we would want to ensure that the application is reasonable, fair and balanced.
8. Landowner Protection
Recommendation #31: OHV riders do not support this recommendation. It is unreasonable to expect each and every operator of an off highway vehicle to obtain and receive written permission from landowners. Instead, we recommend and it is reasonable that an off highway vehicle club or federation involved in the designation of trails obtain written agreements with landowners.
Recommendation #32: OHV riders support the intent but not the wording of this recommendation. We believe there should be liability protection for landowners but it needs to be more clearly defined.
Recommendation #33: We believe this recommendation requires further legal clarification regarding its absolute scope.
Recommendation #34: OHV riders support the intent but strongly recommends more precise interpretation of the word 'unreasonable'. Too often, this type of poorly defined wording can be used by a few individuals who may have ulterior motives. Any provision of this nature would require strong oversight to prevent abuse by this small minority of people.
Recommendation #35: OHV riders do not support this recommendation, as it would appear to establish two different sets of rights for citizens of Nova Scotia.
9. Wilderness and Ecologically Sensitive Areas
Recommendations #36 and #37: OHV riders do not support these recommendations, as they are too broad and all encompassing. We believe that before there are any establishment of designated trail systems that there needs to be cooperation and communication between all stakeholders with regards to existing trails and future development. For example, Trans Canada Trail 104 goes through wilderness areas and should remain open and accessible. As well, the phase out time period is arbitrary and places the entire onus on off highway vehicle organizations. Instead, we believe that any phase out should be achieved through negotiations with local user groups.
Recommendation #38: OHV riders support the intent of this recommendation but believes local communities should be able to determine exceptions to closures if it is deemed to be in the community's best interests.
Recommendation #39: OHV riders do not support this recommendation, as it would be extremely difficult for individuals to determine compliance.
Recommendation #40: OHV riders support this recommendation.
10. Off Highway Vehicle Standards
Recommendation #41: OHV riders do not support this recommendation as drafted. There would need to be, at the very least, a seven day time period to allow an owner an opportunity to repair the vehicle. In addition, it is unclear why all modifications are prohibited since some modifications could reduce sound emissions.
Recommendation #42: OHV riders do not support this recommendation. It is unenforceable because it is very subjective. No other province has such a provision. Currently, there is a voluntary standard respecting off highway vehicle tires - SAE J1315 Off-road Tire and Rim Selection and Application. This standard specifies the appropriate tire and rim for an off highway vehicle.
Recommendation #43: OHV riders oppose this recommendation. The industry has been working with federal government and provincial governments on ATV standards and regulations for almost 20 years. As we previously mentioned, the Four-Wheeled ATV Voluntary Standard, is in place and addresses issues of Origin Equipment Manufacturer's standards. All new ATVs produced since 1991 by our member companies meet these standards.
11. Enforcement
Recommendation #44: OHV riders support this recommendation and, in fact, believes that education and enforcement together would solve the vast majority of all of the current user problems. We also believe that, as the ATVANS has demonstrated its ability on the rider training, trail development and management, and promoting safe and responsible use, they should be involved in developing solutions to these enforcement challenges.
Recommendation #45: We do not support this recommendation. The Enforcement Task Force should focus on education first and enforcement second. There needs to be an opportunity to educate off highway vehicle riders about any new regulations before one immediately implements penalties. We believe education is essential to promoting and fostering safe and responsible recreational use of off highway vehicles.
Recommendations #46 and #47: OHV riders are opposed to these two recommendations. We believe the proposed penalties far exceed the infraction in many cases. For example, if you accidentally damaged a sign with your off highway vehicle it could be seized and sold at auction. This would be similar to a car driver accidentally hitting a road sign and having his or her car seized and sold. Many aspects of these two provisions are far too extreme. A much more effective approach would be to work with off highway vehicle clubs and federations to conduct education and enforcement.
Recommendation #48: We strongly support this recommendation.
To view the recommendations of the Task Force referred to above, click here.
Twice I have tried to send my comments. I go to 'preview' and 'back to edit and all dissapears. ????????
