ATV laws in Clearwater County

jaredvh

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Does anybody know where I can find the laws for quading in the clearwater county? My stuff is registered and insured and good to go as far as that goes but I remember a couple years ago the Fish & Wildlife as well as the RCMP were handing out tickets left right and centre. Anybody that was riding in the ditches along the trunk road, crossing the road, or driving on the road (obviously) was slapped with a fine. I don't want to be that guy! Thanks!
 

sled_wrangler

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BYLAW NO. 863/07
CLEARWATER COUNTY
A BYLAW AUTHORIZING THE OPERATION OF
OFF-HIGHWAY VEHICLES ON HIGHWAYS IN CLEARWATER COUNTY

WHEREAS Section 7 of the Municipal Government Act, R.S.A. 2000 c. M-26 allows
a municipality to make bylaws respecting the safety, health and welfare of people and the
protection of people and property, and respecting people, activities and things in, on or near a
public place or place that is open to the public; and
WHEREAS pursuant to the provisions contained in Section 120(4)(b) of the Traffic
Safety Act, R.S.A. 2000 c. T-6, the council of a municipality may, by bylaw, authorize or issue
a permit authorizing persons to drive off-highway vehicles along any portion of a highway that
is under the direction, control and management of the municipality; and
WHEREAS pursuant to the provisions contained in Sections 120(5) and 128 of the
Traffic Safety Act, the council of a municipality is given certain powers to regulate and control
the operation of off-highway vehicles on highways which are subject to the direction, control
and management of the municipality and on property that is not a highway and is located
within the municipality; and
WHEREAS the Council of Clearwater County is of the view that it is in the best
interests of the residents of Clearwater County that a bylaw be passed to regulate and control
the operation of off-highway vehicles pursuant to the powers granted to municipalities under
the said sections of the Traffic Safety Act;
NOW THEREFORE the Council of Clearwater County, in regular meeting, duly
assembled, hereby enacts as follows:
IN THIS BYLAW:
1. a) “Act” means the Traffic Safety Act, R.S.A. 2000 c. T-6.;
b) “County” means Clearwater County;
c) “Council” means the Council of Clearwater County;
d) “Ditch” means all that portion of a Highway that does not include the
Roadway;
e) Highway” means a “highway” as defined in the Act and which is subject to
the direction, control and management of the County;
f) “Internal Subdivision Roadway” means a part of a highway intended for use
by vehicular traffic providing access to lots within a multi-parcel subdivision;
g) “Multi Parcel Subdivision” means a subdivision of land registered by plan of
survey or descriptive plan containing two (2) or more residential lots intended
for, or being principally used for, residential purposes;
h) “Off-Highway Vehicle” means any motorized mode of transportation built for
cross country travel on land, water, snow, ice, marsh, or swamp land or on
other natural terrain and, without limiting the generality of the foregoing,
includes, when specifically designed for such travel,
i) 4-wheel drive vehicles;
ii) low pressure tire vehicles;
iii) motor cycles and related 2-wheel vehicles;
iv) amphibious machines;
v) all terrain vehicles;
vi) miniature motor vehicles; 2

vii) snow vehicles; and
viii) any other means of transportation that is propelled by any power other
than muscular power or wind; but does not include:
ix) motor boats; or
x) any other vehicle exempted from being an off-highway vehicle by
regulation.
i) “Operator” means a person who drives or is in physical control of
an Off-Highway Vehicle;
j) “Operator’s License” means an operator’s license that is issued under the
Act and includes a document or information and other data contained in an
electronic form that is recognized under the Act as an operator’s license.
A valid Operator's License shall include licenses issued to operators who are
enrolled in, or who have successfully completed, the Graduated Drivers
License program;
k) “Owner” means the person who owns an Off-Highway Vehicle and includes
any person renting a vehicle or having the exclusive use of a vehicle under a
lease that has a term of more than thirty (30) days or otherwise having the
exclusive use of a vehicle for a period of more than thirty (30) days;
l) “Park” means those reserve lands, recreational lands, municipal, school,
environmental and other lands within the County which are owned by or
controlled by the County and which do not form part of a Highway unless
posted;
m) “Peace Officer” means
i) a member of the Royal Canadian Mounted Police;
ii) a Bylaw Enforcement Officer employed or contracted by the County;
iii) a Community Peace Officer;
iv) a conservation officer appointed under section 7 or Schedule 5 to the
Government Organization Act (Alberta);
v) a forest officer appointed under the Forests Act (Alberta); or
vi) a wildlife officer appointed under the Wildlife Act (Alberta);
n) “Qualified Person” means a person who is the holder of a valid
Operator’s License;
o) “Roadway” means that part of a Highway intended for use by vehicular
traffic, but does not include a Ditch;
p) “Safety Helmet” means a safety helmet as prescribed in the Regulations
made pursuant to the Act;
q) “Violation Ticket” means a ticket issued pursuant to Part II of the
Provincial Offenses Procedures Act, S.A. 2000, c. P-34, as amended and
Regulations thereunder.

OPERATION RESTRICTIONS
2. Any Qualified Person may operate an Off-Highway Vehicle on a Highway within
the County subject to this bylaw and the following conditions:
a) Notwithstanding anything herein contained, the provisions of the Act shall
apply to the operation of Off-Highway Vehicles on Highways;
b) Except as otherwise provided in this bylaw, an Operator of an Off- 3

Highway Vehicle shall be permitted to operate the Off-Highway Vehicle on
the extreme right hand side of the Roadway and shall travel single file at all
times. Off-Highway Vehicles, when traveling on any Highway as permitted in
this Bylaw, shall travel in the same direction as vehicles traveling on that side
of the Roadway.
c) An Operator of an Off-Highway Vehicle within a Hamlet within the
County shall use a Roadway within the said Hamlet only to leave from and
return to the Hamlet by the most direct route possible to and from his or her
residence, at a maximum speed of thirty (30) kilometers per hour;
d) The maximum speed at which an Off-Highway Vehicle shall be permitted
to travel on the Roadway is 50 kilometers per hour;
e) An Operator of an Off-Highway Vehicle within a Multi-lot subdivision
shall use a Roadway within the said subdivision only to leave from and return
to the Hamlet by the most direct route possible to and from his or her
residence, at a maximum speed of thirty (30) kilometers per hour;
f) All Off-Highway Vehicles traveling on a Highway shall be equipped with
at least one headlight and one tail light, and no Off-Highway Vehicle shall
operate on a Highway unless the headlight and tail light are alight;
3. No person shall operate an Off-Highway Vehicle in any Park within the County.
4. The provisions of this bylaw do not apply to a Peace Officer, or agents or employees of
the County while operating an Off-Highway Vehicle in the performance of their
official duties.
5. During an emergency, disaster, or search and rescue operation within the County,
the provisions of this bylaw may be waived, suspended or varied, by the Director of
Disaster Services, or his or her designate.
6. A Qualified Person, Operator, Owner, and/or passenger operating and/or riding on an
Off-Highway Vehicle, does so at their own risk.
7. An Operator of an Off-Highway Vehicle shall immediately, on being signaled or
requested to stop by a Peace Officer, bring his or her vehicle to a stop, and furnish
any information respecting the driver or the vehicle that the Peace Officer requires
and shall not start his or her vehicle until he or she is permitted to do so by that Peace
Officer.

OFFENSES
8. The Owner of an Off-Highway Vehicle that is involved in a contravention of this
bylaw is guilty of an offense.
9. An Owner who permits another person to operate the Owner’s Off-Highway
Vehicle or an Off-Highway Vehicle of which the Owner has exclusive use, in
contravention of this bylaw, is guilty of an offense.
10. Any person who contravenes a provision of this bylaw is guilty of an offense and
is liable on summary conviction to a penalty as follows:
a) for a first offense -two hundred fifty ($250.00) dollars;
b) for a second offense within one year -five hundred ($500.00) dollars;
c) for a subsequent offense within one year -seven hundred fifty ($750.00) dollars;
d) for contravention of all or any part of Section 7 – one thousand ($1000.) dollars

4

VIOLATION TICKETS
11. A Peace Officer is hereby authorized and empowered to issue a Violation Ticket
to any person who the Peace Officer has reasonable and probable grounds to
believe has contravened any provision of this bylaw.

AUTHORITY OF THE COUNTY CAO AND COUNTY COUNCIL
12. Council hereby delegates to the County’s Chief Administrative Officer, the authority to
waive section 2(d) of this bylaw and grant permission in writing to any person or
persons to operate an Off-Highway Vehicle for instruction and training purposes.
13. Council, by resolution, may waive any of the provisions contained in this bylaw,
for a specific situation or situations, subject to whatever condition or conditions as
seem fit to apply.

This bylaw takes effect as of the date of final passage and upon such final passage, Bylaw No.
348/93 shall be rescinded.


READ A FIRST TIME this 24th day of July, 2007.
READ A SECOND TIME this 24th day of July, 2007.
READ A THIRD TIME and finally passed this 24th day of July, 2007.



____________________________________
Reeve

____________________________________
Municipal Manager
 

lsone

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I talked with Clearwater fish and wildlife and also called the Clearwater County 403-845 4444. They are trying to get each and every fish and wild life dispatch on the same page, however it is illegal to ride in the ditches of any numbered highway within the Clearwater area, beyond the tree line(of the numbered highway) is fair game. They want to make the law way more relaxed to help out us campers. With that said, Fish and Wildlife is out there to nab the idiots. Ride respectfully in the ditch, don't be drinking and driving and they should only pull you over to verify current insurance and regi :)
 
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