General info-from Hunting regs

[lilhoss]

Just a reminder if your quading this season and you find a CO with an attitude.Note the last part.
On May 31, 2009 the Forests and
Range Statutes Amendment Act

introduced a provision that makes it
illegal for individuals to cause environmental
damage. Irresponsible offroad
vehicle use in alpine, grassland
or wetland areas can disturb soil and
destroy plants, risk watershed and
water source quality, threaten or kill
birds and animals, introduce invasive
plants and reduce wildlife and cattle
food sources. Regulations have been
revised and update the definition
of environmental damage to include
any change to soil that adversely
alters an ecosystem. Under the new
provision, individuals found to have
caused environmental damage may be
levied a violation ticket that carries
a $575 fine. More serious cases of
damage could lead to penalties of
up to $100,000 and/or a year in jail.
While travelling on a Forest Service
Road, operators of ATVs are required
to hold a valid driver’s licence, carry
a minimum of $200,000 third-party
liability insurance and wear safety
helmets.

[elkhunter1]

Are you shure about Helmt,s ????

[Big7]

Drive in the ditch!

[goatdancer]

Are you shure about Helmt,s ????

Yes. They'll tag you if they catch you on any FSR without one on.

[Gope]

you don't have mirrors, simply don't look over your shoulder and take the nearest quad trail.

sorry officer didn't notice you back at the main gate.

[notyalc]

you don't have mirrors, simply don't look over your shoulder and take the nearest quad trail.

sorry officer didn't notice you back at the main gate.

Exactly!! What are they going to do....write down you license plate? Lol

[BCLongshot]

Good luck catching me on my punched out YZ250.

ha ha


I don't think so.

[Jager]

define "safety helmet"...DOT, bike, hardhat, beanie, ball cap w/ extra starch?

[bcwelder]

it is a 150 buck fine for no helmet and 600 buck fine for no 3rd party insurance..

[hoho]

Are you shure about Helmt,s ????

If you are a hunter a Camo-Helmt will do .:mrgreen::mrgreen::mrgreen:

[goatdancer]

If everyone ignores the regs we will be forced into buying plates for our ATVs (like in Alberta) and the enforcement will be stepped up with no leniency for even minor infractions. If you don't like the law, get it changed. Choosing to ignore it will not make it go away.

[Vinny]

I don't see a problem with a helmet law(please don't hunt me down for that). As far as I am concerned, it is in place or should be in place, to help those challebged in the self preservation department. I have a friend who has at least 25 years experience, never had a mishap, did some hard riding. He went out with his 11 year old son this past spring for a 10 min ride, he left his helmet in the rv, fell off the quad when his son inadvertently hit the throttle. Long story short, major head trauma, 11 year old son had to load his unconciuos body onto the bike, get him to camp, find no one there, load him into truck and get him to help. Seems like alot of damage to his lifestyle(still not the same) all for leaving his helmet at home for a 10 min ride. It can happen to anyone anytime.

[Singleshotneeded]

:D I thought that the BCWF had successfully lobbied AGAINST a helmet law in BC...does anyone have any evidence they can post about a mandatory helmet law? On Quads.ca we're all believing that helmets are wise, especially when you're not putting along in a hunting situation, but NOT mandatory!

[slicky72]

I usually have my helmet strapped on the quad somewhere but I don't always put it on if I'm not going to far. That said it helps keep the brain freeze to a minimum when it's real cold out.

As far as insurance goes I just use Capri they are the cheapest I've found
http://www.capri.ca/insurancepages/associationpages/atvbc.asp

[Gateholio]

Thank god for helmet laws and all the laws designed to protect me from myself!:roll::roll:

[MuleyMadness]

Is the above info paraphrased or did you pull that right from the regulations? Because if you pulled it right from the regs it's so poorly written and lacking in detail that it's essentially useless, and anyone who's ticketed can easily beat it in court. For instance, like someone else mentioned, there is no indication of what is an acceptable helmet. The MVA states DOT certified are only acceptable, but this has nothing, so basically a toque is a helmet (who ever thought that would be the case lol), a mad bomber hat is a helmet, etc...Plus the statement of 'irresponsible offroad vehicle use' is so wide open to intrepretation that it's all about someone's opinion, and in a court of law, opionins aren't worth shit...the only thing that counts is the LAW, and this law has 0 teeth. Incidentally the insurance requirement should be covered by almost everyone's home owners insurance liability provisions.

[lilhoss]

Pulled right out of the regulations.Page 12,center page under "Site and Access Restrictions".Highlighted in green letters ,for this years regs .It states forest service roads only,but I know up North there are alot more than down here on the Island.All about liability for the road owners,and users.We have had a few people run over by logging trucks over the years,here on the Isle.

[sfire436]

With all the cut backs for the CO's office I think that chances are pretty slim for getting caught.

[lilhoss]

Thank god for helmet laws and all the laws designed to protect me from myself!:roll::roll:
Yes, I find it interesting the helmut law that applies to cyclist all over the province,cities,towns etc and nobody enforces that!!

[Mauser98]

In the synopsis(which is a paraphrse of the Acts and Regs) they lump all atv operators as having to wear a helmet when riding on an FSR. That's not totally accurate. The helmet law only applies to 2 and 3 wheel atv's.

Hear me out

In the Forest Service Road Regs, Section 2 lists those sections of the Motor Vehicle Act that apply to FSR's

Provisions of Motor Vehicle Act applicable to forest service roads

2 The following provisions of the Motor Vehicle Act apply to all forest service roads as if a forest service road were a highway:
(a) section 1;
(b) section 2 (5), (6) and (7);
(c) section 24 (1) and (2);
(d) section 33 (1) insofar as it applies to a driver's licence or a driver's certificate;
(e) section 68;
(f) section 70;
(g) section 73;
(h) section 84;
(i) sections 141 and 142;
(j) sections 144 and 145;
(k) sections 149 and 150;
(l) sections 157 to 160;
(m) section 162;
(n) sections 169 to 172;
(o) sections 185 and 186;
(p) section 194;
(q) sections 206 (1) to (3) and 207;
(r) section 221;
(s) sections 224 to 229.
Section 221 is the one we're interested in.

It states:

Motorcycle safety helmets

221 (1) A person who operates or rides as a passenger on a motorcycle without properly wearing a motorcycle safety helmet commits an offence.
(2) For the purposes of subsection (1), a helmet that has, by regulations that may be made by the Lieutenant Governor in Council, been designated as an approved motorcycle safety helmet, is deemed to be a motorcycle safety helmet.
(3) The Lieutenant Governor in Council may make regulations exempting any person or class of persons from the requirements of this section and prescribing conditions for those exemptionsSo what's a mototcycle?

In the MVA under definitions:


"motorcycle" means a motor vehicle that runs on 2 or 3 wheels and has a saddle or seat for the driver to sit astride;

[slowkey]

As stated from this link

http://www.for.gov.bc.ca/hth/engineering/documents/brochures/Guide-for-Safe-Travel.pdf





It is important to know the rules around the use of ATVs and
snowmobiles on forest roads. An ATV may be used on a Forest
Service road at any time unless the road is posted with a sign
restricting use. An ATV operator must hold a valid driver’s
licence and carry a minimum of $200,000 third-party liability
insurance. Remember, safety helmets are mandatory when
operating two- and three-wheeled ATVs.

So if you have an old 3 wheeler you'd need a helmet

[Fisher-Dude]

What I can't find on bclaws.ca is the 2009 version of the Forests and Range Statutes Amendment Act. The 2008 and earlier versions are online. I expect this new regulation is in the 2009 version, as it's effective May 31, 2009.

[BCBigGame]

The police are ticketing in certain areas around the LM.
If you choose to ride with a helmut or drive without a seatbelt, the taxpayer should be able to choose not to fund your medical costs.

[ASPEN]

I have Capri Insurance for riding on FSR's , it states insurance is "void" if not wearing a helmet.

[Gun Dog]

If you belong to the BCWF then you've got third party liability insurance. I belong because it's part of my local gun club membership.

[whitespringer]

Yes, I find it interesting the helmut law that applies to cyclist all over the province,cities,towns etc and nobody enforces that!!

This is just hearsay, but... I have heard that if you have a head injury because you have no helmet, you may not be covered by BC medical for your injuries.:roll:

[Singleshotneeded]

:grin: That's what I thought, you need a driver's licence and $200,000 3rd party liability insurance, but you don't need to hunt with a helmet on if you're on a 4 wheeled quad. I don't recommend ripping it without a helmet on, but if you're just putting along you're generally pretty safe,
and a helmet is a real hindrance to getting a quick shot off if you see
game. I do recommend glasses or shooting glasses when quadding even
at hunting speeds, because you never know when a protruding branch
or bug can get in your eyes...

[Sitkaspruce]

A couple of things...

Why do all the ones who think that just by being ignorant to a law that you do not like makes it OK to to break it? I can just imagine what your kids will grow up being like....it ok to break this law because daddy does not like it, but this one we cannot break because it helps protect the deer or fish population. Do you wear your seatbelt, ride around with a loaded gun, shoot off the hood of your truck or shoot towards houses??? Good role model you will be....or maybe you already are.:o

The rules are in place so that all parties are protected if an accident happens. I have been one of the folks who has had to deal with the aftermath of a few of these and they are not pretty. A persons head is a very fragile object when it comes in contact with a rock or stump. The spine as well. Most of the ones I have been on could have been avoided with the person wearing some sort of head protection. And I bet they all thought it could never happen to me.

As for the enforcement of the rules, just like most, self-enforcement is the easiest to follow, so do yourself and others a favour and follow them. It makes it easier on the limited enforcement personal we all ready have in the province.

Cheers

SS

[killman]

Why do they not make you wear a helmet on a Horse? They are more dangerous than a Quad. People we know son was just killed by falling off a horse and hit his head. This was very tragic. Why not horses? Would there be a uproar if you had to wear a helmet on your horseback hunting trip?

I honestly think the Govt has gone to far trying to protect us. This weekend we were talking about the things we used to do as kids compared to now. Most of us made it!

[goatdancer]

:grin: That's what I thought, you need a driver's licence and $200,000 3rd party liability insurance, but you don't need to hunt with a helmet on if you're on a 4 wheeled quad. I don't recommend ripping it without a helmet on, but if you're just putting along you're generally pretty safe,
and a helmet is a real hindrance to getting a quick shot off if you see
game. I do recommend glasses or shooting glasses when quadding even
at hunting speeds, because you never know when a protruding branch
or bug can get in your eyes...

If you are riding on an FSR you are required to wear a helmet. That is the law. How many times do we have to rehash this? It doesn't matter if you're going like crazy or just putzing along. The opening post was a direct quote from the hunting regs. If you choose to disregard the law and you get a ticket, you can post a new thread crying about your misfortune.

[Mauser98]

If you are riding on an FSR you are required to wear a helmet. That is the law. Saying it doesn't make it true. The helmet law only applies to 2 and 3 wheel atvs(Please refer to posts #20 and 21). If you have can show where the requirement for helmets extends to 4 wheelers I will gladly accept it, otherwise..............


The opening post was a direct quote from the hunting regs. If you choose to disregard the law and you get a ticket, you can post a new thread crying about your misfortune.The opening post is not from the Hunting Regs, it is a quote from the hunting synopsis which is a paraphrase of various Acts and Regs.

The writers of the Synopsis attempted to clarify with the following statement on page two of the synopsis. I'm saying there is a discrepancy between the Synopsis and the Acts/Regs with regards to the use of helmets on atvs.

YOU and THE LAW:
The British Columbia Hunting and Trapping Regulations Synopsis is intended for general information purposes only. Where there is a discrepancy between this Synopsis and the Regulations, the Regulations are the final authority. Regulations are subject to change from time to time, and it is the responsibility of an individual to be informed of the current Regulations.

[goatdancer]

Saying it doesn't make it true. The helmet law only applies to 2 and 3 wheel atvs(Please refer to posts #20 and 21). If you have can show where the requirement for helmets extends to 4 wheelers I will gladly accept it, otherwise..............

The opening post is not from the Hunting Regs, it is a quote from the hunting synopsis which is a paraphrase of various Acts and Regs.

The writers of the Synopsis attempted to clarify with the following statement on page two of the synopsis. I'm saying there is a discrepancy between the Synopsis and the Acts/Regs with regards to the use of helmets on atvs.

Read the definition of ATV on page 3 of the regs synopsis. There is no mention of 2 or 3 wheelers.

[Fisher-Dude]

You can all relax. This amendment is not law at this time, and was included in the regs in error. This from the CO Service today. Only 2 and 3 wheelers need helmets at this time. :smile:

[BCBear]

Time to camo up the Butch Goring lid

[goatdancer]

FD hasn't been able to track down the new (FSR) regs so I'll wait til he does to verify all this. From Mausers posts the old (FSR) regs appear to refer to motorcycles with the 2 or 3 wheel definition. Do they mention ATVs?
There has been some kind of regs for a few years regarding helmets. About 5 or 6 years ago I noticed mention of helmet requirements and contacted my local CO. He told me that if I was coming off a trail onto an FSR and driving a very short distance to the next trail, he would ignore the lack of a helmet. However, if I was driving 3km down the FRS to my truck without a helmet, he would ticket me.
As posted earlier in this thread, if you have the insurance from Capri, it is very specific that not wearing a helmet invalidates the insurance. Then you'd get busted for no insurance. Read your policy very carefully so you don't end up paying a fine and having to push your ATV back to your truck.

[slicky72]

interesting if you thought the bcwf insurance was sufficient


BCWF Insurance Committee Annual Report
By: Joan McKay, Committee Chair
B.C. Wildlife Federation Annual general Meeting
Salmon Arm, 2008

This past year has been taken up with looking for clarification of the insurance coverage currently held by the BCWF for its members and clubs.
At the January board meeting Mr. Mike Hebert of HUB insurance was in attendance to answer and update the board of directors on the current policy. There were questions asked of Mr. Hebert for clarification as there seemed to be points that the membership assumed were covered, but with reading the policy, many gray areas were uncovered. The board is waiting for this clarification to come back from Mr. Hebert so that the members and clubs can be notified.
One area that has been misunderstood by the members is regarding ATV insurance. As clearly stated by Mr. Hebert this insurance is only in effect if you are hunting or fishing and is only for non-public roads. With these limitations it clearly begs the question “Is this coverage a benefit to the membership”. As well other add-on coverage’s may have to be questioned as well to see if there is a benefit to the membership or are they misleading and anticipated coverage is not a reality.
Last year the committee was looking at alternatives for an insurance provider, with one company providing a presentation. It was agreed by the board that although close, they had one area that could not be changed to accommodate the needs of the Federation’s membership. We will continue to monitor the insurance needs of the membership and strive to get the best coverage for the membership.


From the BCWF web site


Wayne: The ATV insurance that is provided with your BCWF membership does not cover ATV use on any public roads. The BCWF insurance is liability Insurance, it only covers you if another person brings legal action against you arising from your actions on an ATV. It only covers you while on private land, either owned by you or others (who have given you permission to be there). It also covers you on private roads that are on those private lands, provided you are there wiith permission of the owner. I quote from Hub international Barton Limited (BCWF Insurance Carrier). "The intent of the BCWF lisbility policy is to provide liability coverage for a member while operating their ATV "off highway". Is the coverage pretty skinny? Yes, but the price is pretty slim also. BCWF Insurance committee is working with Hub Insurance on a policy that would cover ATV operation on Froest Service roads. It would not be included in membership cost but would be optional to each member.

If thiis does not answer all your questions. Send me another message.



Yours in ConservationPaul mcLean----- Original Message -----

Author of article in Aug BCWF Newsletter


FSR's are public roads however, only 3rd party liability insurance in the amount of $200,000 minimum is required to operate an atv on a FSR. The operator must be at least 16 yrs old and possess a drivers licence. These requirements are for designated FSR's. Other roads on crown land are also public roads but if they are not designated FSR's then an atv does not need the liability insurance. If a road is maintained by the gov't or its maintenance contractor, then a motor vehicle must have ICBC insurance and a licence plate. I have had many BCWF members claim that they have the required liability insurance through the BCWF. I have yet to have one of them produce to me an insurance document to prove it. A valid insurance document must be produced.

[elkhunter1]

Can I use a licenced honda CT 110 in a aATV closure
Like 5-04 a no ATV or Snow Mobile.
Thank,s

[kgriz]

Food for Thought



http://www.for.gov.bc.ca/images/global/headers/legsregs_head.jpghttp://www.for.gov.bc.ca/images/global/spacer.gifhttp://www.for.gov.bc.ca/images/global/b_green_legs.gif (http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcact/contfpc.htm)http://www.for.gov.bc.ca/images/global/b_green_regs.gif (http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcaregs/fpcaregs.htm)http://www.for.gov.bc.ca/images/global/b_green_amend.gif (http://www.for.gov.bc.ca/tasb/legsregs/amendlog.htm)http://www.for.gov.bc.ca/images/global/b_green_search_sub.gif (http://www.for.gov.bc.ca/psearch/legsregsfind.htm)http://www.for.gov.bc.ca/images/global/b_green_feedback_lr.gif (http://www.for.gov.bc.ca/mof/feedback/legreg.htm)http://www.for.gov.bc.ca/images/global/spacer.gifhttp://www.for.gov.bc.ca/images/global/spacer.gifRegulations - Forest Practices Code of BC Act Liability insurance

12. (1) A person must not operate or cause to be operated a motor vehicle or trailer, other than a motor vehicle or trailer described by section 2 (2) of the Motor Vehicle Act, on a forest service road unless
(a) the driver, motor vehicle and trailer are insured under a valid and subsisting contract of accident insurance providing insurance against liability to third parties in the amount of at least $200 000, and
(b) the driver carries written evidence, supplied by the insurer, of the insurance referred to in paragraph (a), or a copy of that written evidence, and produces it, on demand, to a peace officer, designated forest official, designated environment official or conservation officer under the Wildlife Act.
(2) Motor vehicles operated by the government that are subject to a government self- indemnification plan are exempt from the requirements of subsection
Maybe some government worker on the site can correct me if I'm wrong, but I think that this means that the government ( forest service )does not truly carry insurance on any of their vehicles as it is cost prohibitive to them and they " have the money " to pay out claims......unlike you and I of course who will simply be bullied into more payouts, insurances and licencing. I will look further into this but have a sneaking suspicion that this is at least mostly true. By the way look up "idemnification" in the dictionary and you will discover that my hunch may have some legitimacy.