UPDATED: Dirt bikes, ATVs causing headaches for police
SUMMERSIDE — It’s fast becoming a problem for Summerside Police Services.
The number of complaints involving off-road vehicles, particularly ATVs and dirt bikes, trespassing on private property and travelling on the Confederation Trail within the city are increasing.
Earlier this week a dirt bike driven by an 18-year-old struck a 17-year-old pedestrian on the pathway close to the trail on Small Avenue. The pedestrian was taken to hospital, admitted and treated for non-life threatening injuries.
That accident remains under investigation.
Sgt. Joe Peters said although accidents involving off-road vehicles are not common within the city there are more of the vehicles being spotted and reported.
“It’s not so much on the trail but in pits and on private properties and fields,” said Peters. “They are disturbing people in residential neighbourhoods.”
Complaints are coming largely from the area of what’s known as the Blue Bell subdivision in the area east of MacEwen Road and Walker Drive.
Dirt bikes and ATVs are frequenting dirt pits in that area, said Peters.
“There are a lot of complaints in around that area.”
He added most often the drivers of these vehicles are youngsters, many not old enough to be legally operating the vehicles.
By law, anyone under 14 is not allowed to operate an off-road vehicle. Those 14 and 15 must complete and off-highway vehicle safety course and be “directly supervised” by an adult who has a valid driver’s license.
“A lot of them are young and they aren’t being supervised,” said Peters.
The provincial Off-Highway Vehicle Act states: “no person shall operate an off-highway vehicle on the Confederation Trail unless, (a) the person holds a permit; and, (b) the permit is affixed to the off-highway vehicle.”
An offence under this section carries a fine of $225.
Snowmobiles are permitted on the trail but only using a permit authorized by and purchased from the P.E.I. Snowmobile Association and during the time that the organization leases the trails.
“It’s not for motorcycles,” said Peters. “The parent has a responsibility, too, to make sure they (under 15) are obeying the law.”
The act also states: “no person who is the owner or operator of an off-highway vehicle, (a) shall operate or permit any other person to operate the off-highway vehicle; or, (b) shall possess, except on the property of the owner, the off-highway vehicle unless the person holds a certificate of registration.”
“The odd time we’ll catch one going up the highway to get where they are going,” said Peters.
Every operator of an off-highway vehicle is required to be registered under the act must produce a certificate of registration when asked by police.
The act also states off-highway vehicles are not allowed on any portion of highway in the province. Doing so can result in fines ranging from the minimum $250 for a first-time offence to a maximum $1,000 for a second or subsequent offence.
“There are allowed along the side of the road, in that ditch area,” said Peters, in reviewing the act.
He said under the city’s noise bylaw charges could also be laid against operators of these off-road vehicles.
“That’s not what we would use. We would use these off-highway vehicle acts.”
And, admitted Peters, it is very difficult to catch those breaking the law.
“You have to keep in mind that these are often kids. We’re in a police care and we’re not going to start chasing a motorcycle through the fields,” he added. “We have been exploring looking at renting off-road vehicles and having people trained to operate them. We’re not saying we’re doing it but we are looking into it.
“We don’t want to get into a situation where we’re putting anybody at risk, the children or the police officer.”
He said often the drivers, who are wearing helmets, are hard to identify. If police are able to do so or identify the bike they will follow up and charges will be laid under the Highway Traffic Act.
Peters pointed out that, under the Off-Road Vehicle Act, police can seize and impound a vehicle, something that hasn’t happened as of late in Summerside.
Operating one of these vehicles “without due care and attention” and “reasonable consideration for other persons or property” can result in fines up to $5,000.
nmacphee@journalpioneer.com
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