Dear Editor,
If Chris Garner, the MD of Bonnyville's Director of Public Safety, finds it hard to believe people are “confused” by the MD's ATV bylaw which he described in the Nouvelle as “...pretty basic. They can't be on the road.” we would appreciate if he would explain a few things.
Why can't the MD bylaw be revised to allow ATVs to use the shoulder of MD roads in rural areas (when the ditches are unsafe)?
Why are ATVs being ticketed under the Provincial Traffic Safety Act (at $230, towed at $315, possibly seized and impounded until their provincial court date at $40 per day, are dealt with in the provincial court system, and result in convictions under the Traffic Safety Act) as opposed to being ticketed under the MD bylaw 5.0 Off Highway Vehicles (at $100 with no provincial conviction)?
What justification is there for MD Peace Officers “to seize and impound the vehicle until the offender's court date” when the MD bylaw states it could be driven home in the ditch?
How is the current bylaw in the interest of the safety of MD residents by making them drive ATVs in narrow, steeply sloped ditches, dodging trees, rocks, etc. instead of on the shoulder of flat surfaced roads with no obstacles?
Why should it be illegal for us to use the MD bridge with an ATV to cross the creek to the other side of our quarter of farmland and why is your department's penalty for being “caught” on an MD road with an ATV having “done nothing wrong” more costly than the provincial penalty for careless driving or passing a school bus?
Other counties, such as St Paul, have bylaws that allow ATVs to travel on “The shoulder portion of all highways under the County's care and control, travelling in the same direction as traffic, in single file and at speeds not to exceed 50 km per hour”. The penalty for contravening their bylaw is $50 for the first offence, and $100 for subsequent offences, with tickets being given only if ATVs are not being driven in accordance with the bylaw, being driven in an unsafe manner or causing a disturbance. No mention is made of towing, seizing or impounding vehicles.
When was the Zero Tolerance Policy for ATVs on MD roads and the decision to use the Provincial Traffic Safety Act to enforce the MD bylaw approved by the MD Council?
Why would the MD Council want to be so harsh with its residents in comparison to what happens in surrounding counties?
Where else in the province is this kind of local municipal bylaw being enforced with penalties under the Provincial Traffic Safety Act? Is there any possibility of an MD ATV bylaw being developed that is more reasonable?
Answers to these questions would be appreciated and go a long way in lessening our confusion about the logic and justice of the MD's ATV rules and their enforcement.
Sincerely,
D.L. Werstiuk
MD of Bonnyville
