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Question on ATV

Posted: Sat Dec 13, 2008 1:38 pm
by Icemanstan
Law of riding on a Skidoo trials


Can anyone ride a sikdoo trial with a ATV

I was told yes as long as you have in your procession an ice-finhing rod on your ATV............ this is the first i hear of.

The fellow live in Hurst Ontario

This would open-up many lake to me.

I will be calling the MNR Monday to find out I just wanted to see if anyone knew of this.

Thanks
Stan

Posted: Sun Dec 14, 2008 7:28 am
by smokercraft
I have been stopped by the warden and also trail warden/police and basically they do not like it because it ruins the skidoo trail.... however, if the only way into or out of a lake that is open to fishing, they cannot stop you from doing so..... So, if you have fishing stuff with you and its the way you need to go to get there, you are all good. They did give me a hard time though but basically they can't do anything about it..... Hope this helps, don't let them tell you that you need to get off the trail, tell them that if they make another trail for you to use to get there, you will gladly use it.

Posted: Sun Dec 14, 2008 9:14 pm
by Bruin
It is my understanding that the rule applies ONLY to snowmachines. Reason being is that 4 wheelers are very very hard on the trails. I have been stopped before using the groomed trail and was not harassed at all because I was enroute to an icefishing location. I do not have any concrete info or law on this but speaking from experience

Posted: Sun Dec 14, 2008 9:42 pm
by Jimmay
Give this a read:

http://www.e-laws.gov.on.ca/html/regs/e ... 0185_e.htm
While engaged in angling activities during open season, as defined in the Ontario Fishery Regulations made under the Fisheries Act (Canada), pursuant to a valid fishing or fishing/hunting outdoors card and a valid sport fishing validation tag, both issued under the Fish and Wildlife Conservation Act, 1997, and while travelling on Crown or other public land directly to or from the area open for angling, within the meaning of the Fisheries Act (Canada), if the trail is the only access route from the closest road to the area open for angling or is the only safe access route to the area open for angling.

Posted: Mon Dec 15, 2008 11:22 am
by Jimmy_1
No ATV's are allowed on OSFC trails in Ontario.....PERIOD.
Your on it with an ATV you get fined. Bottom line.

Not all snowmobile trails are part of the OSFC trails. My advice is to get a map and be sure to stay off of it. If it isn't a groomed trail I'd say your safe.

Most trails are handed over to the OSFC by the Ontario Ministry of Transport in November. They are maintained by volunteers and are patrolled by the OPP and by special constables.

I'd find another area to fish personally. A few fish isn't worth the fine.
I'd also say that travelling a sled trail to get somewhere means minimal travel on it. I.E less than 1 KM or you travel over it. Riding 10 miles isn't going to cut it.

Yes ATV's are hard on the trails, but what is worse is the idiots who decide to do burn outs and create massive ruts etc.

Also if I'm going 50 km/h down the trail the last thing I want to hit is a stuck ATV! Or one that got stuck and destroyed half a section to get out.

Posted: Mon Dec 15, 2008 11:57 am
by almontefisher
Jimmay wrote:Give this a read:

http://www.e-laws.gov.on.ca/html/regs/e ... 0185_e.htm
While engaged in angling activities during open season, as defined in the Ontario Fishery Regulations made under the Fisheries Act (Canada), pursuant to a valid fishing or fishing/hunting outdoors card and a valid sport fishing validation tag, both issued under the Fish and Wildlife Conservation Act, 1997, and while travelling on Crown or other public land directly to or from the area open for angling, within the meaning of the Fisheries Act (Canada), if the trail is the only access route from the closest road to the area open for angling or is the only safe access route to the area open for angling.
I dont know James...this is pretty cut and paste and does not state distance needed to travel...I have a few issues anyway with this OFSC as they took all of our hunting camps trails that we maintained for 60 years and that we have a 99 year lease on and made them their trails. We were on it once when one of the OFSC wanna be cops pulled us over, ticketed us and did not give a carp about the fact that this was our only access to our camp. Well we took them to court and won as it was our one and only source to our camp. Now no trail permit is required for us up there. I am glad that Jimmy found this cause the same thing has happened at our cottage and all the lakes we go to there. Now we get permits every year and support OFSC but sometimes they go a bit to far. I will be going this year to some lakes with my sled and no pass so I hope I will not be harrassed to much.

Posted: Mon Dec 15, 2008 12:11 pm
by RJ
Thanks for posting that Jimmay...

I'll be printing it off and having on me so I can show it to them fellas... :wink:

RJ

Posted: Mon Dec 15, 2008 12:50 pm
by Jimmy_1
Yes but Peter your situation was very different.

You have a 99 year lease and this is proveable in court. Saying "its the only way in" and your riding an ATV on OFSC trails..probably won't cut the mustard.

I know it doesn't say distance and I also mentioned it is only OFSC trails. Perhaps the trail being refered to is not a maintained OFSC trail.

Up by my hunt camp alot of trails are open year round to ATV's and horses. However the OFSC trail portions are clearly marked to avoid confusion and unwarranted fines.

All I was saying is that it is common, publicly published knowledge that the OFSC trails are off-limits to ATV'ers.

Now if he crosses a trail to go on another trail that is not an OFSC trail then you'd be fine. But travelling miles up an OFSC trail and pulling gear with you is going to cause you ALOT of grief...not only from the "trail-cops" but the folks that pay $180-$230 a season for its use.

There are plenty of other lakes in Ontario you can get to or have unmaintained trails to get to. Alot of work goes into those sled trails and the last thing I'd want to do is be the guy buggering them up with my bike and my gear.

I'd suggest that if that be the lake of choice, contact the local snowmobile club chapter in the area. (easy to find out using Google) and tell them the situation. Most likely if they have your name etc they can tell the "trail cops" about you and thus would serve to minimize any headaches.

Conversly if that is the trail you must use and it is an OFSC trail then pay back the respect by helping with trail maintenance in the fall.

Then its win/win for both parties.

Posted: Mon Dec 15, 2008 1:50 pm
by almontefisher
I see your point James..never thought of that.

Posted: Mon Dec 15, 2008 2:00 pm
by Jimmy_1
I also noted this blurb says crown or other public land.
The sled trails are NOT public land.

The land belongs to people who have agreed to allow the OFSC to maintain a trail on it.

They have not agreed to let everyone and their uncle use it to get access to their favorite fishing lake.

Careful here folks....this info is mis-leading. However some sections of OFSC trail is Crown/Public land. So if that portion of the trail is where you are crossing/using then there is no problem.

Keep in mind, snowmobilers are not allowed to go off the trail. Meaning if the trail is going through a farm, do not go off the trail and carve up another area. If your caught you lose your trail pass and can be suspended from the trails permanently.

Secondly, just because a trail has snowmobile tracks on it does not mean it is a snowmobile trail.

Like I said, if in doubt get an OFSC map.

Posted: Mon Dec 15, 2008 3:42 pm
by Icemanstan
Thanks for the info


I found out that it is complicated law between MNR and OFSC when in court. Yes I can but under certain condition that I’m on my way to that fishing hole and I do not have any other way but through there. I do need an outdoor card and a rod with me.

I said to him Where can I find this in the law book and he said never. In the eyes of the courts they use crown land law not OFSC law

Permits or licences required to carry out certain activities on Crown land.


I gave up asking. I will try it and see what come of it.

Posted: Mon Dec 15, 2008 7:20 pm
by Jimmay
Jamsers wrote:I also noted this blurb says crown or other public land.
The sled trails are NOT public land.

The land belongs to people who have agreed to allow the OFSC to maintain a trail on it.

They have not agreed to let everyone and their uncle use it to get access to their favorite fishing lake.

Careful here folks....this info is mis-leading. However some sections of OFSC trail is Crown/Public land. So if that portion of the trail is where you are crossing/using then there is no problem.

Keep in mind, snowmobilers are not allowed to go off the trail. Meaning if the trail is going through a farm, do not go off the trail and carve up another area. If your caught you lose your trail pass and can be suspended from the trails permanently.

Secondly, just because a trail has snowmobile tracks on it does not mean it is a snowmobile trail.

Like I said, if in doubt get an OFSC map.
If you followed the link you will see that it comes from the Ontario Government website, so I don't think it is misleading in anyway.

It very clearly states that if you have your gear with you, and your path to your hunting or fishing area happens to use OFSC trails that are on public land (think road allowances) or crown land, then you are fully within your rights as a citizen of Ontario and of Canada to share this public resource with the OFSC guys. I am not sure about four wheelers as the regulations do say snow machines, but I know loggers have a wavier too and they have no hesitations using their heavy equipment, trucks and so on.

Exemptions
4. Subsections 2.1 (1) and (4) of the Act do not apply to a person belonging to a class of persons listed in Column 1 of the Table only in the circumstances set out opposite the class in Column 2 of the Table and only if the person carries with him or her while driving the motorized snow vehicle on the prescribed trail the documents listed opposite the class in Column 3 of the Table. O. Reg. 185/01, s. 4.
As for knowing what is public or crown land? Use a topo map and contact the local government offices.

Oh, and by the way, I found this information from the links here:

http://www.ofsc.on.ca/Permits/TheLaw.asp

Posted: Mon Dec 15, 2008 7:31 pm
by Jimmay
According to:

http://www.e-laws.gov.on.ca/html/statut ... 0m44_e.htm

Motorized Snow Vehicles Act
R.S.O. 1990, CHAPTER M.44
“motorized snow vehicle” means a self-propelled vehicle designed to be driven primarily on snow; (“motoneige”)
So I would say a four wheeler is out on OFSC trails public or not.

Now if you put these one, I think you might have an argument. ;)


Image

Posted: Mon Dec 15, 2008 8:43 pm
by MLR
Just to throw some gas on the fire.

What if you make a trip to Madoc and get yourself a prospector's license, and go prospecting, if no one else has staked a claim on a privately owned property, you are within your rights to be there and legally the owner of the surface rights has to grant you unrestricted access.

Posted: Tue Dec 16, 2008 10:07 am
by Bruin
for the price of the track systems, you can buy a really nice snowmachine!!!