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Where is ATV use
restricted?
ATV use is restricted mostly in
wetland areas including bogs, marshes, and barrens. In such
areas, travel by ATV's is permitted only on a trail approved by
the Department of Environment and Conservation. In order to
develop a trail, you must obtain a "licence to occupy"
from the Department.
In many areas of the province,
there are no restrictions on the use of ATV's. Areas where ATV
use is approved without restriction include:
- forested lands underlain by
mineral soil (hard ground)
- properly constructed and
licenced trails
- beaches unless otherwise
prohibited by the Minister
- abandoned railway corridors
and highways
- forest access roads and a
variety of resource roads
- privately owned lands of less
than 10 hectares (25 acres)
- any lands when snow-covered
and frozen below the ground surface
- lands in Labrador north of 54th
parallel
How do I get a
licence to occupy a trail?
You can apply to the Department
of Environment and Conservation, Lands Branch. Application
forms are available at any
Regional Lands office or Government
Service Centre. Staff will review your application and in
some cases may visit the area with you.
Will individual
ATV owners be responsible for establishing licenced trails?
Applications from private
individuals will not be accepted for recreational purposes
unless the proposed trails are being used to access licenced
cottages, outfitting camps or approved commercial activities.
However, community or ATV owner groups who wish, as a group, to
establish and maintain a trail (or trails) for recreational
purposes may apply to do so. This "community approach"
is, in fact, encouraged.
Who is
responsible for the maintenance of approved trails?
The individual or group to whom
the licence is issued is responsible for the upkeep of the
licenced trail. The licence may be withdrawn if the licence
holder does not maintain the trail.
Who can use a
licenced trail?
Anyone who legally operates an
ATV may use any licenced trail. Licenced trails must be marked
by signs issued to the licence holders under the authority of
the Minister of Environment and Conservation. It is hoped and
anticipated that ATV users will respect the work of the person
or group who has developed the trail, and will take care to keep
the trail in good condition.
What methods are
acceptable for the construction of ATV trails?
Whenever possible, the Department
will require trails to be constructed on hard, dry ground rather
than through wetland areas. Where this is not possible, trails
through selected wet areas may be permitted. In areas subject to
deep rutting, corduroy roads may be required, which are
constructed of small logs laid side by side to form a bridge
type structure.
Will I be able
to use my ATV to cross a wetland area to retrieve kill when
hunting?
A person holding a big game
licence and who has killed a moose, caribou or bear may operate
an ATV outside an approved area for the purpose of transporting
the animal from the place where it is killed provided an
approved area is not in a reasonably close proximity.
Additionally, a person other than the big game licence holder
may operate an ATV for the purpose of transporting an animal
from the place where it is killed provided the big game licence
holder remains in the immediate area. An ATV may be used no more
than 5 times to and from the place where the animal was killed
and, when travelling from the place where the animal was killed,
a portion of the animal shall be on the ATV or on a trailer
being towed by the ATV.
What is the fee
for a licence to occupy?
There is a one time fee of
$115.00 to process the application. In cases where stream
crossings are required for the construction of the trail, an
additional one time fee of $50.00 is charged. Where a group such
as an ATV owners' association is applying for more than one
trail in a given area, the staff of the Department has the
discretion to process some trails under one application fee and
licence.
When construction of the trail
commences, permits may be required from the nearest District
Office of the Department of Natural Resources for
the cutting of wood on Crown land. Cutting permits are issued
for a three (3) month period and for a maximum of four (4) cords
of wood per permit. There is a fee of $21.00 for cutting
permits. A royalty fee of $8.00 per cord of wood is charged for
sawed logs.
How will the
regulations be enforced?
The regulations will be enforced
by peace officers designated to uphold the provisions of the
regulations. These peace officers include members of the RCMP,
the RNC, municipal police, as well as parks, lands,
conservation, environmental and fisheries officers. They will be
empowered to issue violation tickets, and to seize ATVs when
offences have been committed.
What are the
penalties for violations of the regulations?
Penalties range from fines of
between $100.00 and $500.00, or between fifteen (15) and sixty
(60) days in jail, depending on the offence. A person convicted
of an offence may also be ordered to restore the land to the
satisfaction of the Minister.
A peace officer who has
reasonable and probable grounds to believe an ATV was used in a
commission of an offence may seize the ATV or order delivery of
the ATV to a place of storage designated by the Minister. If an
ATV is seized, but the operator is not convicted, the vehicle
will be returned to the owner. If the ATV was stolen and used in
the commission of an offence, and the offender is convicted, the
owner can apply to the court for the return of the vehicle.
If I hold the
licence to an approved trail, am I legally responsible for
accidents which may occur on the trail?
The land on which the trail is
constructed remains Crown land. Therefore, licence holders for
an approved ATV trail are not liable for accidents which may
occur.
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