Steeper fines, stiffer penalties coming for off-roaders who ignore the rules

The province is getting set to tighten the rules on off-road vehicle permits and operation and toughen the penalties for those who ignore them.

As of Jan. 1, a slew of amendments to the Off-Road Vehicle Act will take effect.

The changeswill include the doubling of fines for anyone caught using a snowmobile or ATV trail without a permit, and increased ticketing and impounding authority for enforcement officers.

"The province's trail systems are a source of pride to many, and we owe it to New Brunswickers and visitors"to make themas safe as possible, Justice and Public Safety Minister Ted Flemming said in a release about the measures.

But while the amendments are aimed at making off-roading safer, they'll also level the playing field for the volunteers who maintain the trails and for the majority of riders who have a permit to use them.

That's a change that'sbeen a long time coming, say the managers of two off-roading associations that worked with Public Safety on the initiatives.

Doubled fine is 'where it should have been for years'

Ross Antworth, general manager of the New Brunswick Federation of Snowmobile Clubs, said the first trail permit was issued in 1993.

"It was probably the day after that that we realized not everybody would comply," he said in an interview Monday.

So while doubled fines may "sound like a lot ... the reality is that the fine is where it should have been for many years," Antworth said of the new$280 fine.

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"It is now to the point where people have to make a decision: am I going to pay more in fines (or) support the system and pay for a trail permit?"

There are about 21,000 licensed snowmobiles in the province and most of the money from their licensing, which currently cost$41, goes back to the snowmobile clubs, Antworth said.

Of that $41, the province gets $16 and the clubs get $25, which is then used by volunteers for things like maintenance of the province's 8,300 kilometres of trails, including grooming, signage and bridges.

"It's not enough, but we don't expect this revenue to change at all as a result of these changes," he said. "What we do hope is that with tweaks to the legislation, it will ensure that more people who have been using the system pay for the system."

Adjusted rules could be game changers, Quad NB says

Roger Daigle, president of Quad NB, agrees.

Quad NB, which has 25,000 members in 56 clubs, was founded in 1998.

Daiglesaid he can't remember a season sincethat people using managed ATVtrails without a permit were not a problem.

"The biggest problem is the Jeeps and trucks and, unbelievably, cars," Daigle said in an interview.

He said it's not uncommon to find these vehicles have damaged the trails, bridges and shelters that volunteers "work so hard to make safe" for ATV enthusiasts.

"Sometimesthey get stuck, they leave the vehicle there and then when an ATVer comes along, they can't get through. They have to back up or go back somehow, sometimes on narrow trails. It's a safety issue."

The changes to the legislation will now make it illegal for a vehicle other than an ATV to be on a managed ATV trail.

They will also allow enforcement officers to ticket the driver of the interloping vehicle and to seize and impound a vehicle for failing to stop.

The adjusted rules,Daigle said, could be game changers.

"Before," he said, "if we called police, they'd say 'There's nothing we can do.' Now people will stop and ask themselves, do I take the chance and get stuck and fined?"

Changes coming into effect as of Jan. 1

• Users of off-road vehicles equipped with seatbelts will be required to wear them.
• Off-road vehicleswill be allowed to operate within 7.5 metres of the travelled portion of a highway on private property to clear snow or do yard maintenance.
• It will be an offence to operate a vehicle other than an ATV on a managed ATV trail.
• Fine is doubled to $280 for using a managed snowmobile trail or managed ATV trail without a permit.
• Enforcement officers will be given the authority to ticket a driver operating an unregistered off-road vehicle.
• Officers will be given the authority to seize and impound anoff-road vehicle for failure to stop.