Jump to content

Big Pete

Members
  • Posts

    505
  • Joined

  • Last visited

  • Days Won

    14

Posts posted by Big Pete

  1. 2 minutes ago, PISTON LAKE CRUISER said:

    Thanks BP. That explains the snowmobile trail but I am still confused by UTS's comment "its not private if two or more people access the road, conveyance, trail etc for any reason."

    I have a friend who owns a cottage on a signed "private" road along lake Huron along with approx. 15 other cottage owners. They all share in the costs of maintaining the road and it is signed as being private. UTS.s comment would seem to mean it is not private as well more than 2 people use it however when I Google the definition of a private road in Ontario, the responses indicate my friend's road meets the definition.  Is it a public place on a private road ?? What am I missing?

     

     

    I think the key is “signed”. If it’s not posted as private there is an argument that the invitation to access the road is implied since it looks like any other road. Once it’s posted private you remove the implied invitation. 
     

     

  2. 6 hours ago, UsedtoSkidoo said:

     

    its not private if two or more people access the road, conveyance, trail etc for any reason.

     

    6 hours ago, PISTON LAKE CRUISER said:

    Yep you are correct Tim but all the rules of the road are also in effect on any OFSC trails I believe. Here's a definition from the criminal code:

     

    • Definition of public place

      (2) In this section, public place includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view. 

    I think you are misinterpreting the definition of a public place.  The MSVA specifically states that 

    Trail permit required

    2.1 (1) No person shall drive a motorized snow vehicle upon a prescribed trail except under the authority of, and in accordance with, a trail permit for the motorized snow vehicle issued under subsection (2) or except on lands occupied by the owner of the motorized snow vehicle.  2000, c. 30, s. 3.

     

    This negates the definition of public place as there is no right or invitation, express or implied, to the location. A trail permit is required to access a prescribed trail. That’s why the No Trespassing sign is required at each entry point to private property. 

    • Thanks 1
  3. 2 hours ago, Strong Farmer said:

    Nice not sure how much 2 day passes are going to be this year. I can see it being 50 plus Canadian a day I think. Won’t tell yeah until season starts it seems. 

    $45 per day with a 2 day minimum.  Order on-line after Dec 2nd. Print your own permit. 

    • Like 1
    • Thanks 2
  4. 19 hours ago, Gadgetman said:

    Heading out Sunday to break-in both sleds. I expect we'll head south from Orleans\Navan, not sure if we'll go south of the 417. Likely through Larose,  40, 51 and 30. I know driving past some of the fields, if the farmer plowed the field, may be a bit tricky with the current snow depth.

    I would drop south of 417. Don’t think you will be disappointed getting into Nation Valley, Seaway, Riverside, Glengarry. 

  5. It might be a touch pessimistic but only because there is not a lot of base right now. There has been no significant accumulation since the storm on Jan 17. For my club there are pieces of each trail that could certainly be green but we have decided to keep it yellow for now. 

  6. 2 hours ago, signfan said:

    Anyone know if the bridge to the Quyon area is open this year to cross the ottawa river.  The one south of Arnprior north of Ottawa.

    The new bridge has received all required approvals from both the OFSC and The FCMQ. The West Carleton club is working hard to get the bridge packed and groomed so it can be opened on the ITG. Hopefully that happens shortly.  

    image.png

    image.png

  7. 8 hours ago, scottyr said:

    I just the renewal for my 21 Renegade 850 XRS with full coverage at $620 tax in with Desjardins.  I did a quick online quote with TD and the same policy was $680.    

    Scottyr, can I ask what you mean by full coverage. Limits? Deductibles?

     

    thanks

     

     

  8. Our club philosophy is that a volunteer gives generously of their time. There is no expectation that they be saddled with out of pocket expenses related to those volunteer activities (gas, wear/tear on personal equipment). If a club volunteer submits an expense claim for vehicle mileage, gas for atv/chain saw, new chain for chain saw etc. it is paid with thanks. The reality is that nobody submits these claims because they see it as another way of supporting the club. On rare occasions something unusual will come up and the club looks at those on a case by case basis. A good example was a volunteer was doing some early packing on their sled on a bad piece of trail that was severely damaged by atv traffic. Sled got caught in a rut and rolled on its side breaking a side panel. The club bought the new part and the volunteer installed it. Everyone went home happy.

     

    Trail signage is done by 1 or 2 volunteers doing their assigned sections. Usually no expenses incurred there as they work their own schedules as time permits.

     

    For larger projects (trail routes, brushing, bridge redecking etc) that have larger worker parties (usually 8-12 people) or the location is remote, someone will organize an on trail lunch (paid for by club) that could be chilli, sandwiches etc. If its a relatively short day we might just go to a restaurant (1 that buys a map ad) and have lunch. No alcohol reimbursed.

     

     

    • Like 5
    • Thanks 2
  9. 3 hours ago, burndog said:

    be going on 25 yrs since I've seen snow arrive at end of Oct. and stay on the ground  where I hang my hat

     

    I recall riding our sleds to the monthly club meeting (first Wednesday of the month) in Dec 2008. Lots of early snow and groomed to near perfection. Of course it promptly melted a few days later and we did not reopen until first week of January. But is was nice while it lasted. 

    • Like 1
  10. 14 hours ago, RAMSOMAIR said:

    So sleds this year. This is what I made up to send anyone who asks since there is a big concern. We are getting sleds in every week actually and will have all the sleds delivered. So that is great news!!! But they will be missing parts. Like gauges and electrical components. Parts hopefully will be available in November or December for them if all goes well. We than have over 215 sleds to get out to customers. We can build 5-6 a day with extra mechanics we have for this. So 20 a week if everything goes perfect. And as fast as we can schedule you in for pick up. So example if we start building late November early December we have 8-10 weeks of building and delivering to everyone so yes the last sled built and delivered will be end of Jan early Feb. We understand not ideal and yes into sledding season. This is purely due to no parts for the skidoos. So we are trying our absolute best and be assured when they are ready I will reach out to you and be prepared to pick up as soon as I Call cause we’re going to build and get them out as fast as possible. As you see the numbers and timing It's not going to be good. But there is absolutely nothing you or I can do about it. We Just will do our absolute best to build and get to you when I can! I will reach out when you can pick and your new sled and book a time

    From my dealer in southwestern Ontario

    I have heard the exact same thing from our local BRP dealer too.  Sleds are arriving but parts are missing. And like Ramsomair said, it’s a waiting game on parts and then having the capacity to finish the build and deliver. 
     

    let’s hope parts arrive sooner rather than later and sleds can get delivered in time for first snow.

     

     

  11. On 2/15/2021 at 7:01 PM, Big Pete said:

    As I understand it health units that are the same colour can open the connector trails. Different colour, trail stays closed. 

    Have received further clarification since posting this. The rules outlined by signfan are correct. Trails between green/yellow areas can open. Trails between orange/red areas cannot. Does not make sense to me that 2 neighbouring areas that are both orange or red could not open connecting trails. What’s the difference if both areas are the same colour. But then again there are lots of things connected with the pandemic that don’t make sense. 

  12. 24 minutes ago, zoso said:

    public roads are just that, public. It is not crown land, and you cannot get an lup on a road. A public roadway even if not maintained is free to access by all at any time. Our govenor at the time was furious, but it is what it is. The road in question at the time is one of the most popular loops in the province. A designated trail is not a prescribed trail, a prescribed trail gives exclusive use to the ofsc except the exemptions as outlined in the msva.  Public roads may not be taken over by anyone for exclusive use.  we have had trails on roads that were seasonal, and a cottage owner decided to plow the groomed trail that was on that road, guess what, the tgrail was relocated because we could not do a thing about it.

    I don’t believe the act says what you claim. A prescribed trail does not provide exclusive access to the land. A “prescribed trail requires a motorized snow vehicle to have a valid permit” .  The land use agreement provides the limitations on who can be on the land.  Some are exclusive. Some are not.  So if a prescribed trail is located on land that has a non exclusive land use agreement, any snowmobile ( subject to the permitted exclusions) must have a valid permit even if the prescribed trail is on crown land.  Since an atv is not covered under the MSVA, they would not require a valid permit. The type of land ( private vs public) is a separate issue and the land use is governed by whatever agreement is struck.  For private land, the standard land use agreement preferred by the OFSC provides for exclusive use. That is the primary reason the federation is able to obtain liability insurance. There are also many multi-use agreements in place but that is where the liability insurance gets tricky.  The last time I read the various acts regarding public property, the MNR is able to grant exclusive land use agreements. However the fact of the matter is do not grant these exclusive use agreements anymore as a matter of internal policy. Why the non exclusive policy is in place would be a question for the Minister of Natural Resources and Forests.  Maybe the OFSC could get the ministers from MNRF, MTO and Tourism/Recreation/Sport at the same table and come to some arrangements that work for everybody, snowmobilers, ATVers, campers, other outdoor enthusiasts included.  It’s a big province. Surely there is enough room for everybody. 

    • Thanks 1
  13. 5 hours ago, stoney said:

    Okay, so trespass is actually $180.00 and not $65.00......which would be better.

    The covid fine could be interesting though and I can see it being fought in

     

    Here is a link to the Set Fines for each Act in Ontario. IIRC you would need to add the Victims Surcharge to the fine listed to get to your out of pocket cost. 

     

    https://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/

     

    • Thanks 1
  14. The Set Fines listed on the Ont Govt site are:

     

    Schedule 4.0.1
    Emergency Management and Civil Protection Act
    Item Offence Section Set Fine
    1. Fail to comply with an order made during a declared emergency 7.0.11 (1) (a) $750.00
    2. Obstruct any person exercising a power in accordance with an order made during a declared emergency 7.0.11 (1) (a) $1000.00
    3. Obstruct any person performing a duty in accordance with an order made during a declared emergency 7.0.11 (1) (a) $1000.00
    Schedule 80.1
    Reopening Ontario (A Flexible Response to COVID-19) Act, 2020
    Item Offence Section Set Fine
    1. Fail to comply with a continued section 7.0.2 order 10 (1) (a) $750.00
    2. Obstruct any person exercising a power in accordance with a continued section 7.0.2 order 10 (1) (a) $1000.00
    3. Obstruct any person performing a duty in accordance with a continued section 7.0.2 order 10 (1) (a) $1000.00

    I would assume there would be Victim Surcharges added t those fines.as well.

    • Like 1
    • Thanks 1
    • Sad 1
  15. 19 hours ago, stoney said:

    Blackstar asked one of the OPP guys on another forum that offers great feedback on many questions the same question and this was his response to being stopped by OPP:

     

    "Great question...  we encourage all people to abide by their local health unit and provincial guidelines. While there is a strong encouragement to avoid non essential travel there is no legislation outright banning travel. I've not heard of any checkpoints turning people around nor is there legislation to support that. I know the OFSC has talked about trail closures based on covid numbers but they've yet to implement that.  I can say we will be more strict about laying charges for riding on closed trails this year.  Regardless of the reason for closure the rider will receive  a trespass ticket..  $65.  This was happening with or without covid.  Expect little or no tolerance for trail cans and aftermarket exhaust as well.  Landowners have spoken loud and clear.  Excess noise = no trails.  Regardless of personal thoughts towards the cans...I'd rather have trails to ride on!!  Hopefully this is a safe, fun and long season!  Sadly we already a fatality in Eastern Ontario."

     

     

    And then he went on to say:

     

    "We have not told anyone to turn around nor have we been directed to do so.  The main covid issues we seem to deal with are "large gatherings"   Many of you will remember several years ago when people were saying charges were being laid for trailer hitches sticking out without trailers attached. Simply not true.  There's always a group that likes to create that divide and spreads misinformation. This is no different. "

     

     

    Our District held a Zoom call with the SAVE Team in Eastern Ontario last week. That is exactly the message we got. They will work with local detachments to increase presence on trail as much as they can. If clubs have particular problem areas they should report in to SAVE and they will try to put extra coverage in place. 
     

    my overall impression was they want to do a good job for the clubs without being too draconian in nature. They understand there will be confusion around trail closures between PHU so there will be fair amount of education going on in that regard. As to the basics (permits/Val tags/insurance/impaired/cans etc) it looked like zero tolerance. 

    • Like 2
    • Thanks 1
×
×
  • Create New...