Town By Laws

[Kim brinson]

Not too sure how many of you may have seen the news this week and my unfortunate episode. I am currently working together with ATV riders of our community to start a petition to lobby our council to pass a by law which would allow us access to the towns roads in order to get to any trails. Of course we would want subsections to that by law.

I am trying to find out as many towns as I can who have already passed this by law and how it has been working out. I know of Garnish and Fortune as of now. By not allowing a by law the town has to realize they are not helping the situation, instead making it worse. Because now people who use their quads will drive faster to get where they are going so they don't loose their bike.

I was displayed on the news as if I was expecting a break because I am disabled, this is not the case AT ALL. I just want to be charged with the section of the law that I broke.

We were operating on a main road of town which falls under section 6(i) of the ATV regualtions. Under this section the police are NOT permitted to seize your ATV. Instead when you have a police officer such as this one, he uses his own descretion and charges people with violation of section 5(i) which is operating in an unauthorized area which does carry a seizure penalty. I simply want to be charged for what we did and have my quad returned and pay the $100 fine that violation brings with it.

But my main goal now if to find out as many communities as I can to present to our council at the next meeting on March 19.

I hope to hear from as many of you can help as soon as possible.

Thanks so much.

[Peter Emberley]

For far to long stupid rules have been enforced by someone who puts their own spin on things. Some day some one will see the huge benefits of atvs. Please keep us posted on how you make out.

[John T]

this cop thinks he is the queen and does what he like watch should be stoped .if we were flat out on the road yes give them a ticket but as i know kim she was far from going fast on her atv. her atv should be brought back to her and given apolage for leveing her on the road to walk home the other man that had his atv got his 2 leg gone becouse of a work actadent years ago and left there to wait for a ride home . this should be stoped

[albert linegar]

Hi Kim, It seems that someone has pulled some sort of dirty trick by changing the analysis of the " ATV Regulations Act, that were helpful to the general public, and replacing them with definitions that are not. To be more specific in this instance section 19 of the act which used the heading " vehicle Confiscation " is not included in the act anymore. Section 19 has now been replaced by a completely different section under the heading "Peace officer must file report", which concerns accidents and has nothing to do with you.

                             In the current format dated

                         Copyright © 2013: Queen’s Printer,

                    St. John's, Newfoundland and Labrador, Canada

          sections 5 and 6 states as follows:

                  __________________

                     Vehicle to have identifying mark

5. (1) A vehicle of which the manufacturer's serial number or similar identifying mark has been removed or obliterated shall not be registered.

    (2) A person who has in his or her possession a vehicle that is 

    (a) in the condition described in subsection (1); or 

    (b) made without a serial number or similar identifying mark, 

may file with the registrar satisfactory proof that he or she is the owner of the vehicle, and, upon being satisfied, the registrar may grant authority to the owner to cut or impress on, or attach permanently to, the vehicle a special identifying number or mark, and upon that identifying mark or impression being cut, impressed or attached, subsection (1) shall not apply.

                          Return of plates and decals on destruction of vehicles

6. Where the ownership of a vehicle, which is registered under section 3, passes from the owner to another owner, either by act of the owner or by the operation of law, for the purposes of scrap or destruction, the number plates issued in respect of the vehicle and attached to it shall be returned immediately to the registrar, by the new owner before or immediately after that scrapping or destruction.

                   What does any of that have to do with you?

                                       __________

Section (5)in an earlier printing to which he must be referring states:

                     Prohabition:

5 (1)A person shall not use or operate an all-terrain vehicle outside an approved area. 

    (2)Subsection(1)does not apply

        (a)To a peace officer in pursuit of a person contravening a law of the province or of Canada;and

        (b)Where there is a medical or public emergency that requires the operation of an all-terrain vehicle outside an approved area.

        Since section (2) (a) and (b)use the terminology " all-terrain vehicle" outside an approved area " this section clearly refers to sensitive areas such as { wetlands } and if a charge was laid under this section it could very well have been in error.

.                          ________________

                    Use of unapproved areas

5.1(1) Notwithstanding subsection 5(1), a person who holds a big game licence,and has killed a moose,caribou or bear may use or operate an all-terrain vehicle outside an approved area for the purpose of transporting the animal from the place where it was killed, subject to the conditions set out in subsection (2)to (7).

      (2)Not withstanding section (1), a person other than the licence holder may use or operate an all-terrain vehicle for the purpose of transporting an animal from the place where it was killed, but must remain in the immediate area.

      (3)A person shall not use or operate an all-terrain vehicle under subsection (1) where an approved area can be used for the purpose.

      (4)A moose or caribou shall be tagged as required under subjection 35(8)of the Wild Life Regulations before an all-terrain vehicle is or operated under subsection (1).

       (5)A person shall not use or operate an all-terrain vehicle more than 5 times to and from the place where the animal was killed and , when traveling from the place where the animal was killed, a portion of the animal shall be on the all-terrain vehicle or on a trailer being towed by the all-terrain vehicle.

        (6)Notwithstanding subsection (5), where more than one all-terrain vehicle is used or operated in relation to the transporting of a single animal under subsection (1) the total number of trips for all the all-terrain vehicles shall not exceed 5.

        (7)A person shall not carry , transport or have in his or her possession a fire arm while using or operating an all-terrain vehicle under subsection(1).

        Obviously if a charge was laid against you under section 5.1 (1)to (7) , which is a continuation of the restrictions on sensitive areas {wetlands } I believe it was in error and will not stand if challenged in court.

     This next section is missing from the latest printing and deals with your situation, bear in mind that you were not charged under section 13.1(2) or 4.1 which would not apply to you either in the present online text or in the earlier version.

                                       Vehicle Confiscation

19(1)A peace officer may seize an all-terrain vehicle or may by order set out on the violation ticket delivery of the all-terrain vehicle to a place of storage designated by the minister where the officer has reasonable and probable grounds to believe the all-terrain vehicle was used in the commission of an offence contrary to subsection13.1(2)of the act and sections 4.1 ,5 or 5.1 of these regulations.

    (2)An all-terrain vehicle which has been ordered delivered to a place of storage under subsection (1)shall be considered to have been seized as effectively as if the peace officer had taken possession of it.

     (3)Under subsections(1)and(2), the all-terrain vehicle shall be retained in the custody of the peace officer making the seizure or shall be delivered by the peace officer into custody of a person that the minister directs or shall be delivered by order to a place of storage designated by the minister under subsection(1)and (2)and shall remain there until the conclusion of the proceedings , including an appeal.

      (4)Where a person is convicted of an offence contrary to section 5 or 5.1, the justice hearing the charge may order that the all-terrain vehicle seized under subsections (1)and(2) be forfeited to the crown.

      (5)An all-terrain vehicle forfeited under subjection (4) may be disposed of as the minister directs.

       (6)Where a person is charged with an offence contrary to section 5 or 5.1 but there is no conviction , the provincial Court judge shall order redelivery of the all-terrain vehicle to the person from whom it was seized.                   

        (7)Where an all-terrain vehicle is forfeited to the Crown under subsection (4) a person other than a person convicted of the offence in the forfeiture, who claims that the forfeited vehicle was stolen may , within 30 days after forfeiture, apply by written notice to a Provincial Court judge for an order under subsection (10)

         (8)The Provincial Court judge to whom an application is made under subsection (7) shall fix a day not less than 10 days after the date of filing of the application for the hearing of it.

         (9) The applicant shall serve a notice of the application and of the hearing upon the minister at least 5 days before the day fixed for the hearing.

        (10)Where, upon the hearing of an application , it is made to appear to the satisfaction of the Provincial Court judge that the forfeited vehicle was stolen from the applicant , the applicant is entitled to an order that the forfeited vehicle be redelivered to the applicant.

        (11)Section 14 of the Small Claims Act with respect to an appeal to the Trial Division shall, with the necessary changes , apply to an order made under subsection (10) .

                Since you were charged under section 5(1) if you plead guilty to the charge there is no reason for the judge to look further into the matter and according to section 19 subsection (4) you could loose your bike. If you decide to fight this in court , and I think you should , this may be helpful in that respect.

           Good Luck , and keep us posted.

                        Albert.

[Kim brinson]

This is where i was originally confused. There are two different sets.
Thia one is the atv legislation. You look for the msv/ atv regulations and u will find what im talking about. There are 4 subsections under 19 which is the confiscation laws and driving on a road 6(i) is not under that rule. But he chargws people with 5(i) which is unapproved area just so he has the authority to seize the quad.

[albert linegar]

The reason for this Kim is that section 5.1 subsection (1)to (7)deals with the environment and can't be used when dealing with highway infractions.  Where the " Notwithstanding subsection 5(1) clause was used in section 5.1 subsection (1) this clearly links the two sections together and charges for highway infractions under these sections are in error, and so invalid and I don't believe will stand in court, if challenged. When the council meeting is held on the 19th. I think it would be a good idea to bring this to the attention of Mr.Rowsell, and the council members. I believe they and the "elected " councils of the entire Burin Peninsula owe it to their citizens to protect them from this misrepresentation of the law.

                                                    Albert.

[albert linegar]

 Hi Kim , just wondering if there was any news on the charges concerning the ATV.

                              Albert.

[Kim brinson]

Yes we have our town regulation now that we are permitted beginning april 16 to use municipal rds to access trails.

[albert linegar]

  Congratulations Kim , that's great news and I think you were the one who brought it about . The people in the area owe you a debt of gratitude . Now if the other municipalities would follow suit it would be great. You may have started something here. By the way did you have to pay any fines.

           Albert.

[thor potter]

sounds like a great idea. i will have to check here were i live, and i also have a disabled wife, who has gotten her hunting certification too. both of us have a yamaha bruin 350, just one for both of us, and the trail starts at the end of our street. i don't tend too go fast myself, but still wonder and look over my shoulder to make sure of traffic and police presence. still it would be better to know about any town by-laws, have not received any info yet.

[Peter Emberley]

Better to be sure. Contact your town council and see what they have to say.