Received May 14, 2013
Trina Commandeur and Denis Matheson
11066- 237 road, Arras BC
Box 161 Dawson Creek BC V1G 4G3
May 13, 2013
Peace River Regional District
Box 810, 1981 Alaska Ave.
Dawson Creek BC V1G 4H8
Dear Chair and Directors:
We are writing to ask you to support and implement immediately a temporary measure to
stop ATV, motocross motorcycles, and other all-terrain vehicles from being ridden
illegally down both road 208 and road 237. Road 237 gives direct access to the Bear
Mountain Community pasture. The amount of illegal activity and noise has increased
insurmountably to the point of total frustration and anger being shared by all the residents
of Road 237.
Currently for the past two weekends in a row, the dates being, May 3-5 and May 10-12
the amount of traffic by illegal usage of ATV etc. on road 237 has increased. They ride at
all hours of the day past our home and the other resident’s homes to the pasture and then
again on the way out. They usually do not stop at the 2 way stop signage but instead
accelerate to speeds well above legal limits for licensed vehicles. They have on several
occasions been witnessed lining up in a row at the cross roads of 208 and 237 and then
they race all the way past our house and over the crest of the hill. Several times they have
come close to hitting our vehicle as we pull out of our drive way. When they have left the
Bear Mountain Community pasture they also race back past our home. The riders turn
right or left onto the 208, also known as the Old Heritage Highway.
The weekend of May 3-5, 2013 the RCMP received no less than 9 different complaints
concerning these riders and their illegal activities; we were not one of those calls that
weekend. I can definitely tell you that the riders were flying by our house at 2:30 am in
the morning.
The weekend of May10-12, 2013 we were one of the callers complaining to the RCMP.
We called no less than 4 times and should have called 10 times. Our calls started at 11:30
am. Yes the riders were early Saturday and it was an all-day event. The riders blew by
our home at supper time and at 3:30 am in the morning waking our whole family up
including the children.
Constable Clark was the officer who spoke with me. He is very frustrated with these
riders. The riders were outrunning the RCMP May 3-5 and apparently the RCMP is not
allowed to give chase. There were even some confrontations in the community pasture
between the ATV riders, partiers and the RCMP. The riders have become BRAZEN and
believe they can continue with these illegal activities with no consequences. In the middle
of all this are the residents of your jurisdiction that you receive taxes, votes and support
[Recipient Name]
May 14, 2013
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from. We need you to step up to help us with this critical and extremely concerning
matter. We need your help and your support this time.
From speaking with Constable Clark, Dawson Creek RCMP attachment on Saturday,
May 11 2013, if they had descriptions of said riders and or their ATVs then they may be
able to do more. To this end and as a proof of the illegal activity we do have evidence to
present of some but not all riders from Saturday May 11 2013 as they were riding past
our residence to turn either left or right onto the 208 road. One rider rode straight through
and up to highway 97.
Today, May 13 2013, I left a message with Dean Daniels at MOT. I received a call back
with Tammy from the Ministry of Transportation Dawson Creek BC. She let me know
that the MOT is not in a position to enforce laws, they cannot hand out tickets and they
cannot gate a public road. Sometime this week they are to be meeting with the RCMP to
try and establish better communications and understand each other’s roles and
responsibilities with each other and their newer employees. I requested at the very least
some signage be put up to state the obvious, No ATV’s and riders allowed on public
roads.
We suggest a round table meeting with the residents affected by these illegal activities
meet with the PRRD, Murphy Oil and their security team, the Dawson Creek RCMP,
MOT and the MLA. Until this can take place and resolution found interim and immediate
action needs to be exercised to stop the abuse being suffered by the residents of Road
237. Call it what it is ABUSE!
One of my neighbors just informed us, as this letter is being written, that on the weekend
of May 3-5, there were grade 10 students partying in the Bear Mountain Community
Pasture. These young people drove there in vehicles and or rode in on ATVs. Of all those
vehicles, 3 were stolen vehicles and those vehicles were burned in the Bear Mountain
Community Pasture. Several other vehicles were vandalized. Then, those same
intoxicated young people drove past all the homes on road 237, including our home to
god knows where, the home where their parents live?
We believe this is an important request. It will benefit the community at large by assisting
in maintaining road safety against illegal activity, the safety of the residents who do not
feel safe walking, riding their bicycle or riding a horse on the road. The safety of
livestock, children, including special needs children, the farmer, the farmer’s dog are all
at risk of danger, injury and accidents from these riders. The livestock are frightened by
the loud accelerations, rocks being thrown by tires and the empty beer cans, bottles and
other garbage being thrown on the sides of the road and into pastures. The peace and
quality of life is continually being interrupted by ignorance, lawlessness and disrespect.
The lawless disrespectful and thoughtless actions of these riders permeate our property,
the walls of our home, our bedrooms where we sleep, interrupting our sleep, interrupting
the sleep of children. To this day they are interrupting our lives! Their actions pollute the
[Recipient Name]
May 14, 2013
Page 3
air we breathe with all the excess dust and cause unnecessary and possible health damage
caused by noise pollution and interruption to sleep patterns.
There is also the legal and class action aspect that should be considered. If an accident
occurs between one of the riders and a licensed vehicle, who sues and who gets sued? If a
rider hits a child, kills a child, livestock or damages property who sues and who gets
sued? What if a rider kills themselves, certainly their family is going to try and blame
someone. These scenarios do have weight and should, we hope, help you the Directors
realize the magnitude of how big this problem is currently, and how it will grow if it is
not dealt with now. If no one does anything, tosses their hands up, lays down their pen,
rolls their eyes, mumble under their breath and says oh it’s not our responsibility with
claims of we are not allowed to do this or that, that is a passive decision. Passive is still
held accountable.
We do not want property damage, health risks, a death or serious accident to happen first,
before preventative action is excised. That would just be pure negligence. We are your
people in your jurisdiction; we are your responsibility, your tax payers, your neighbors,
your farmers, school teachers, children, special needs children, grandparents.
We noticed that bylaw 1084 is a noise bylaw to regulate noise within the PRRD. There is
no mention of ATVs or the likes of this form of transportation. The amount of noise
heard by boat motors, when we lived at Swan Lake for 18 years, is nothing compared to
the noise output of whining, accelerated motors of ATV, motocross motor cycles, and
other forms of transportation not legal for public road use. We suggest an amendment to
this bylaw.
We implore you to take immediate action to help all of us who are your people of the
Peace River Regional District, residents of Road 237. This letter is a preview to the
presentation that we request to give at the June 13 2013 PRRD meeting.
Thank you for your support.
Sincerely
Trina Commandeur and Denis Matheson
03/06/2013
Bear Mountain Community Pasture
Currently, the public and law enforcement agencies are challenged to report and prosecute irresponsible riding. Public Safety is very much a concern and quality of life. What can we do?
By starting something...this is our start.
THEY are coming and going day and night … We have no peace, quiet, enjoyment of our homes, lives and rest with all this illegal traffic. We had ATVs until 6 am.
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These young riders informed me they did not care that it was illegal. Why should they truck the quad in when the bear mountain community pasture is right down the road? Notice the riders in the back ground are crossing road 208 and are proceeding to highway 97. This photo is time dated after 9 pm at night.
These young riders rode passed our house and at the crest of the hill proceeded to accelerate past a loaded Reg Norman Dump truck and pup trailer both full of gravel. The dump truck had its flashers on and it is a good thing he did not catch the shoulder and tip into the ditch. 2
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Rider coming off of Road 208 onto Road 237. Our property corners both these roads and goes up to the crest of the hill. They treat this stretch of the road like a ¼ mile race track.
In Canada, 25 per cent of all ATV‐related deaths are among children 15 years of age or younger. Also, injury rates have gone up by 50 per cent, probably because many more Canadians are using these machines than in the past. 3
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These riders have been seen together many times. They have also been seen lining up at the stop signs and racing past our house. These are the same riders we have almost hit on at least 2 occasions when we go to pull out of our driveway.
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The relationship between speed and injury severity is particularly critical for vulnerable road users such as pedestrians and cyclists. For example, pedestrians have been shown to have a 90% chance of survival when struck by a car travelling at 30 km/h or below, but less than 50% chance of surviving an impact at 45 km/h. Pedestrians have almost no chance of surviving an impact at 80 km/hr.
4 riders coming lots of dust and noise.
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This information is taken from the World report on road traffic injury prevention. A car travelling at 50 km/h will typically require 13 metres in which to stop. An increase in average speed of 1 km/h typically results in a 3% higher risk of a crash involving injury, with a 4–5% increase for crashes that result in fatalities. For car occupants in a crash with an impact speed of 80 km/h, the likelihood of death is 20 times what it would have been at an impact speed of 30 km/h. AN ATV RIDER DOES NOT STAND A CHANCE OF SURVIVING.
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NO HELMETS and ATV are meant for one rider.
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These riders are very aggressive operators. The red jumpsuit rider comes from across the 208, possibly crossing highway 97. He has been witnessed racing down 237, through the stop signs and continuing to accelerate past our property on 237. These riders don’t care at all for the residents who live on road 237. 8
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Subject: Re: Quad and road activity Date: Wed, 29 May 2013 15:42:50 ‐0700 Attachments: To whom it may concern:
Peace River Regional District.
My name is Mrs. Janice Terrane, my family and I live on Road 237 in Arras. As of the last few years the Bear Mountain Community Pasture has become the hot party spot for mostly young underage people. They seem to find great sport in getting old or stolen vehicles and burning them. They give no consideration as to the dry conditions of the land, grass and trees. This is quite scary as with the winds we have in this part of the country I am surprised that they haven't started a forest fire by now. If or when that happens it could easily take out all our homes and our business ( Saddle Hills Veterinary Services ) And with the strong winds we get we may not have much warning. Dawson isn't far away neither so this
posses a real threat to the City as well.
They also leave behind lots of garbage, IE: glass, nails from pallets
they burn, scraps of burnt metal and of course the vehicles. 9
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This is Crown Land, This activity is illegal to say the least, And what about the Ranchers that pay good money to graze their animals in the pasture over the summer. The broken glass and nails etc. are very hard on the animals.
Another issue is the quads and vehicle drag races or whatever they seem to be doing on the road, they travel very fast. It poses a real danger of death or serious injury as this is a gravel road sometimes with animals on it. Livestock can and do get out from time to time. One Friday night one of our neighbors counted over 100 vehicles on the road. It
becomes very noisy, dusty and hard to sleep. The road activity will go on until 4 am or later depending on the warmth of the night etc. Some of these vehicles are so loud.
Your attention to this matter would be greatly appreciated.
Blessings to you and yours Janice. We have spoken to many but not all of our neighbours. The general and common consensus and feelings around ATV racing up and down Road 237 is the same. We are all tired of. Our neighbours that live right next door to the community pasture is frustrated to no end by the noise, the partying, and worse. The May long week end was full of partying, stolen vehicles being burnt and an RCMP officer being hurt. Our neighbours two homes down found a burnt out truck in their field Mother’s Day week end. THIS IS NOT FAIR AND WE WANT TO BE PROTECTED BY THE LAW and by our elected officials!!
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The Government of BC has many branches that govern access and behavior in the back country but the two that will effect an ATV the most are:
a) Ministry of Transportation and Infrastructure, which governs Provincial Highways and highway rights of way
b) Ministry of Forests and Range which governs Forest Service Roads.
I understand that there is a BC Off Road Vehicle Coalition that worked tirelessly for years to put together information for the government. Their mandate was to achieve provincial licencing and registration of Off Road Vehicles and improve management of all off roads in BC.
Any one, from my understanding can actually be stopped, while in the community pasture and asked to produce liability insurance papers for their by RCMP, Forestry or the Conservation Officer. Also any one can be stopped and have their units impounded immediately for riding on a Gazetted road because it is illegal to ride on a public road, PERIOD!
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Do we have a shortage of Law enforcement? Probably. BUT DO NOT THINK FOR A MOMENT that nothing can be done.
We do believe the law’s foot needs to be firmly planted and applied. We also believe that a community effort and partnership is necessary and required to support each other, our neighbours, our RCMP, Forestry, Conservation officers and local residents in developing a strong community connection to what is lawful, right and respectful. Take back our neighbourhood, our way of life and protection of like minded values, respect, responsibilities.
How many people do not understand that they are not allowed to ride legally on country roads? How many others don’t give a crap because they can just out run the law? How people actually do not have liability insurance? How many others think that, with their liability insurance, they can ride on Gazetted roads legally, which is illegal?
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BC is the only place in all of North America that does not have a plate and registration policy in place for ATVs!! BC is over 2 years behind implementing any kind of policy it had promised for 2011. SUGGESTED ACTIONS:
Create Task Force of those who could actually enforce laws, hand out fines and impound. NO MORE WARNINGS, hit them where it counts. THEIR POCKET BOOK.
SET UP TRAFFIC CAMS ON ROAD 237, probably cheaper than staff paid overtime. Put road signs up, a lot of them to state the obvious!!
EDUCATE, not just riders but one another, insurance agents and salesmen!
Let’s lead the way for all other regional districts to look toward for direction, courage and strength. Let’s be the ones together, united, who take care of our rural areas, take care of one another and be respectful of each other and the laws. 13
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Signs we suggest and would like to have posted along road 237 PLEASE!!
Pressure the BC Government to follow through and immediately put in place the legislation for Registering and licencing ATVs. Without this it makes it more difficult to prosecute illegal activities as riders can use helmets as a disguise and claim it is not them.
Secondly, a website can be created where residents of the Peace River Regional District can post photos of all violators and the ATVs they are riding. Since there are no plates, currently, public identification can be utilized. Residents need to feel empowered and apart of the solution, possibly life saving solution, where they can lend a hand and help our officers who can lay charges, impound and ticket.
If VANCOUVER can use Social Media to help identify violators from the Stanley Cup Riot most certainly we can use it for our own law violators and illegal activities regarding ATVs on road 237/road 208 and whatever is witnessed happening within the Bear Mountain Community Pasture. 14
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Riders returning from the community pasture up road 237 and crossing road 208. Let’s act today to put a stop to all violators of the law. AND to save a future life from tragedy. Most injuries relate to speed, inexperience and alcohol consumption. Speed can be fatal when an operator loses control of the vehicle. An over‐correction in steering can lead to an ATV being overturned. RECENTLY, May 2013, in Vanderhoof BC, a 28 year woman who was 6 months pregnant died in an ATV accident.
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The next 16 slides are additional information for any one interested as we have run out of time. THANK YOU for allowing this presentation. We are sorry this is not a more complete presentation but hope it has provided a place to start. Thank you.
We have had contact with the following interested bodies:
Forestry including Compliance and Enforcement. Susie Anderson
Trish Morgan Community PRRD.
Sgt West Dawson Creek Detachment RCMP
Cst Sabo and Cst Clark RCMP Dawson Creek
I have made inquiries regarding Rural Crime watch, Cst Darren Sanderson.
I have emailed both Conservation Officer Sgt Brinsky of Dawson Creek and Sgt David Vince of Fort St John
Ministry of transportation Dawson Creek branch
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I do not have pictures of the 3 racer quads that raced past our home at 10:10 pm on Saturday may 25. They were going so fast that the last quad was a blur when we saw it. On Sunday evening, May 26 there were 2 brand new looking blue racer quads revved their engines at the crest of the hill and then they raced to the stop sign at the corner of 237 and 208.
We were trying to enjoy a relaxing evening inside our home.
TAKEN FROM the Conservation Officers Service website:
Our External Partners
Through Memoranda of Understanding (MoU) and other arrangements, we regularly partner with the following organizations to deliver a wide variety of compliance, enforcement and public safety services. Through this process, the COS is able to maximize its compliance and enforcement
services, employ a wider range of tools, and ensure timely and effective responses.
Bear Aware/Smart Stewardship Groups
B.C. Conservation Foundation
Ministry of Energy, Mines and Petroleum Resources
Municipal Police Departments
Ministry of Attorney General
Guide Outfitter Association of B.C.
Canadian Border Services Agency
Habitat Conservation Trust Foundation
The Resource Management Coordination Project
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TAKEN FROM THE MINISTRY of FOREST BROCHURE:
Sensitive habitats such as riparian areas, wetlands, alpine regions and natural grasslands are home to many threatened and endangered species of plants and animals.
These habitats are at risk and easily damaged by off‐road or all‐terrain vehicles. When exploring the backcountry on your ATV or dirt bike, please respect the environment and stay on established roads and trails. Obtain the required liability insurance for your ATV and always wear a helmet.
Always use caution when driving on resource roads. Many of them are industrial roads with heavy logging truck traffic. Respect speed limits. Practise “no trace” camping and ensure that your campfire is completely extinguished before you leave the area. Be aware of any campfire restrictions that may be in place. Trespassing and constructing unauthorized structures (which a re often unsafe) on Crown land is illegal and presents a risk to the public.
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All‐terrain vehicles (ATVs) and other off‐highway vehicles (OHVs) have become a big part of many families’ lives, both for recreation and work‐related activities. They can also be fun to drive, and naturally children are eager to try them out. This can be a great opportunity for parents to model safe behaviour and explain that just like driving cars, ATVs need adult skills and knowledge.
Injury experts agree that children younger than 16 years of age do not have the physical development or cognitive ability to safely drive these machines. If the vehicle is designed to carry a passenger, drive with great care, particularly with young children who may have difficulty holding on during sudden turns, or on bumpy roads. Also, young children do not have the strength to hold on for very long. In Canada, 25 per cent of all ATV‐related deaths are among children 15 years of age or younger. Also, injury rates have gone up by 50 per cent, probably because many more Canadians are using these machines than in the past. The group that represents all Canadian children’s doctors (the Canadian Paediatric Society), and some provincial doctors' associations as well, have spoken out about the dangers of children under 16 years of age driving any off‐
highway vehicles. They have seen the severe injuries and tragic deaths first hand.
Once a child reaches 16 years of age, appropriate training classes are a great way to develop the skills, knowledge and confidence required to safety operate an off‐highway vehicle. Helmets are also important for all drivers and on every ride (approved for ATV or motorcycle use). It’s not easy for children to be patient, but this approach may prevent serious injury or even death.
Updated February 15, 2013
Parachute | 36 Eglinton West Suite 704 | Toronto Ontario M4R 1A1 | Tel: 647‐
776‐5100 | Toll‐free: 1‐888‐537‐7777 | [email protected] 19
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ALBERTA HEALTH SERVICES:
It’s time to take ATV safety seriously
July 02, 2009
All Terrain Vehicles (ATVs) are more popular than ever in Alberta, but the number of serious injuries associated with their use has increased along with this popularity.
According to the most recent statistics for Alberta, there were 100 ATV‐related deaths in the province from 2002 to 2008, with 18 of those fatalities occurring to children under 16 years old.
The most likely victims of ATV‐related deaths were males between the ages of 20 and 34, and the leading cause of death was the ATV rolling or flipping, accounting for 52 per cent of all fatalities.
Most injuries were related to speed, inexperience and alcohol consumption. Speed can be fatal when an operator loses control of the vehicle. An over‐correction in steering can lead to an ATV being overturned. In May 2013, in Vanderhoof BC, a 28 year woman who was 6 months pregnant died in an ATV accident.
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On Children and ATVs
An ATV is only as capable as its driver. Children should not drive an ATV unless it is recommended for their age group. Consider this: Nearly 25 per cent of those killed in ATV crashes in Canada are under 15 years old. More than one‐third of those seriously injured in ATV crashes are under 15 years old. Over 90 per cent of youth under 16 who suffered ATV‐related injuries were operating a vehicle recommended for an older age group. Children younger than 16 years old simply should not operate full‐sized ATVs. They do not have the strength, skills or judgment necessary to handle them safely.
Alberta Agriculture and Rural Development
THINGS TO KNOW For more information, obtain a copy of the Off‐Road Vehicles Act, R.S.O. 1990, c.0.4. by visiting: www.e‐laws.gov.on.ca Ontario Regulation 316/03 ‐ Operation of Off‐Road Vehicles on Highways
ATV & ORV Facts DEFINITIONS ORV (Off‐Road Vehicle) ‐ a vehicle propelled or driven otherwise than by muscular power or wind and designed to travel: ◦On not more than three wheels, or ◦On more than three wheels and being of a prescribed class of vehicle. Examples: Dirt Bikes, Dune Buggies, Utility Vehicles, Mini Bikes
ATV (All‐Terrain Vehicle) ‐ an ORV that: ◦Has four wheels, the tires of all which are in contact with the ground
◦Has steering handlebars
◦Has a seat that is designed to be straddled by the driver
◦Is designed to carry a driver only and no passengers
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REGISTRATION ◦By law all ORV's must be registered with the Ministry of Transportation ‐ even if operated only on your premises. A one‐time fee is payable at a Driver and Vehicle License Issuing Office. A license plate and registration permit is provided together with mounting instructions.
◦Off‐Road Vehicles may not be registered to anyone under age 16.
OPERATION ON PUBLIC ROADS It is unlawful to operate any Off‐Road Vehicle on any public roadway, street or highway except as noted below. This includes the entire area between the boundary lines of adjacent property including ditches. ◦ORV's (including ATV's) may be driven directly across certain roads.
◦ORV's (including ATV's) with three or more wheels may be driven along a public road by a farmer engaged in a farming activity or by a licensed trapper while trapping, provided:
1.The ORV is registered and the permit is carried by the driver.
2.The ORV is insured on a motor vehicle liability policy and that the driver carries proof of such insurance.
3.The driver is the holder of a valid drivers license that is in the driver's possession.
4.A slow‐moving vehicle sign is displayed on the back.
JOINT RESPONSIBILITY ◦Both the owner of an ORV and the operator are responsible for any violations of the Act and both are liable for any injury or property damage caused by the vehicle.
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INSURANCE FOR OFF‐ROAD VEHICLES ◦The law requires that ORV's be insured under a motor vehicle liability policy. In Ontario, this means an automobile insurance policy.
◦The owner as well as the driver is liable for injury or property damage arising out of the operation of the Off‐Road Vehicle.
◦Personal and farm liability policies are not considered motor vehicle liability policies in accordance with the Insurance Act. In fact, personal and farm liability policies usually exclude "the operation of any vehicle subject to motor vehicle registration" such as Off‐Road Vehicles. Therefore they would offer no protection or defense against legal action.
For more information, obtain a copy of the Off‐Road Vehicles Act, R.S.O. 1990, c.0.4. by visiting: www.e‐laws.gov.on.ca On the evening of Tuesday, May 28 2013 there was a jogger who past our home while we were attending our goats. After we waved to one another a truck ripped up the road and passed the jogger without slowing down, spraying gravel.
On Wednesday May 29 a horse and rider rode past our home and a vehicle past them without slowing down. FORTUNATELY no one was hurt or spooked. We used the acronym ATV but some people use the acronyms ORV or OHV. For this presentation, snowmobiles are not included, but they are classified under ATV and apparently do have some laws in place to govern them. As a side note, SNOWMOBILERS DO USE ROAD 237 during the winter to access the Bear Mountain Community Pasture. This is a 12 months of the year issue for Road 237.
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Insuring Your All Terrain Vehicle
The question about whether or not an ATV owner is required to buy Liability can be answered quite simply: Yes, if you operate your ATV on a back country road in BC it is highly likely that you will be traveling on a Forestry Road. Ministry of Forests and Range regulations require you to carry proof of liability insurance for your ATV. You will be asked to produce proof insurance by a Conservation officer, Forestry Enforcement officer or the RCMP. The fine can be well over $200.00 for failure to do so.
Thank for your time and attention. We all hope this information will be found useful in helping the residents of Peace River Regional District and in particular road 237.
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