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QUESTION Our cottage roads were constructed on Crown land by our cottage association, under a Ministry of Natural Resources (MNR) permit. Recently, we've become concerned about safety and noise because of young boys driving ATVs and motorbikes. Must motorized vehicle use on our roads comply with Highway Traffic Act requirements? Bill Hindson, via e-mail
ANSWER According to Kathy Hawthorne, a program advisor in the Lands and Waters branch of the MNR, the roads are almost certainly public and governed by the Highway Traffic Act, which is administered by the Ministry of Transportation and enforced by the Ontario Provincial Police (OPP). Drivers of vehicles, including motorbikes, are subject to the Act - they must be licensed and insured - but ATVs fall into a different category. In Ontario, all-terrain vehicles are governed under the Off-Road Vehicles Act, and anyone 12 or older can legally drive on public trails and private property, and on MNR-administered roads such as yours. ATVs must also be registered and insured and drivers are required to wear helmets. (Failure to produce proof of insurance results in a fine of up to $325.)
OPP Constable Paige Whiting encourages communities to work together to educate riders to solve problems. "In rural areas kids often use ATVs at a very early age and sometimes rules go by the wayside." She recommends cottagers have a unified voice on the issue and use newsletters and local papers to spread their message. Rob Edelmann, an Ottawa mediator, suggests approaching impartial community leaders to help find common ground and reach some sort of compromise, such as restricting hours when vehicles use the road. "The challenge is to engage people in a conversation," says Edelmann. "Not with the approach that you are wrong and we are right." And, if that doesn't work, Whiting says the OPP will target areas and enforce the law - even on small cottage roads. Steve Brearton
* Published in the September/October 2006 issue of Cottage Life |