The Select Committee on the Safe Operation and Use of Off-road Vehicles recommends the following:
1. THAT, legislation and regulations governing the use of off-road vehicles are inclusive of all and do not exclude anyone to the advantage of another.
2. THAT, there is consistency throughout all legislation and regulations governing the use of off-road vehicles in the territory. 10
3. THAT, government undertake an extensive advertising/educational campaign to raise public awareness of any and all existing restrictions on off-road vehicle use along with penalties and means of enforcement.
4. THAT, government undertake an educational campaign which, in addition to existing laws and regulations, focuses on the safe, responsible and respectful operation of off-road vehicles as well as environmental stewardship.
5. THAT, legislation governing “on-road” use of off-road vehicles (ORV) be provided for through amendments to Yukon’s Motor Vehicles Act.
6. THAT, as it pertains to “on-road” use, provisions in the Yukon government’s existing policy6 regarding the operation and registration of all-terrain vehicles be given the force of law and enshrined in legislation.
7. THAT, all off-road vehicles that travel on or cross over any Yukon road or highway be subject to registration and liability insurance and require that operators hold a valid Class 5 driver’s licence.
8. THAT, government consider the issues of registration, operator licensing, and insurance for “off-road” use and that government look at how other jurisdictions have approached these issues prior to determining the best approach for Yukon.
9. THAT, the definition of “highway” in the Motor Vehicles Act be clarified and THAT, the terms “on-road” and “off-road” be clearly defined in the Act.
10. THAT, government encourage and support voluntary driver training on the safe and environmentally responsible operation of ATVs and snowmobiles.
11. THAT, the issues of age requirements, underage riders, adult supervision, and age vs. size of machine be addressed in legislation and/or regulation and that government consider how other jurisdictions have approached these issues in determining the best approach for Yukon.
12. THAT, helmet use be mandatory when operating an off-road vehicle or snowmobile on-road. The Committee did not reach consensus on helmet requirements for “off-road” use.
13. THAT, legislation address the needs of municipalities in identifying offenders and enforcing their bylaws.
14. THAT, off-road vehicle legislation and regulations provide for the ability to mitigate environmental damage and cumulative negative impacts to sensitive wildlife and fish habitats. Ensure that legislation and/or regulations provide for the ability to restrict the growth of trail networks in sensitive areas, to close trails or overused areas as necessary, to exclude off-road vehicles from specific types of land or habitats, and to have certain areas designated as access routes only;