By Michael Gorman
THE VANGUARD
NovaNewsNow.com
The breaks have been put on driving ATVs in the Town of Yarmouth anytime soon.
For some time area ATV enthusiasts, associations and trail groups have wondered about the possibility of connecting the multipurpose trail in the north end of town with the multipurpose trail in the south end of town.
Because there is no available land to connect to two former rail beds, the question has been asked about permitting the off-highway vehicles on Water Street, even if it’s for only part of the day or during certain seasons, to allow users to get back and forth from the portion of the trail that ends behind the water treatment plant and the portion of the trail that ends just before the Wendy’s parking lot along the approximately three kilometers of road between the two trails.
During last week’s meeting of the town’s police advisory board a definitive answer was reached: it can’t happen.
“(Members of council) don’t have the authority to pass a bylaw to allow ATVs on Water Street,” said Jeff Gushue, CAO for the town.
No matter what guidelines or bylaws members of council might like to see developed, they cannot trump the provincial Motor Vehicle Act (MVA), a point stressed by members of the local RCMP detachment as well as the town’s legal counsel.
“We just can’t do it ourselves,” said Deputy Mayor Byron Boudreau, chairman of the police advisory board.
Changing the MVA is something that is difficult, if not impossible for just one municipal unit to bring about. Council has forwarded the matter to the Union of Nova Scotia Municipalities (UNSM) to see if there are other units facing similar situations. It is likely that any changes to the MVA or the Off-Highway Vehicles Act could only come through the lobbying efforts of the UNSM.
Even if such actions were permitted, some members of the board feel there are other questions that also need to be addressed before ATVs could share the road with cars and trucks.
Mark Stevens noted that without proper enforcement and policing mechanisms there could be challenges and problems with regards to speed and safety, not to mention any liability issues the town might face by permitting the vehicles within town limits.
