View Full Version : Natural resources????
Mudforce
05-11-2008, 03:02 PM
Just wondering what kind of rights these guys have?? This afternoon my wife went for a boot down our gravel road when a Natural Resources officer pulled her off to the side and gave her crap for driving on the road, now I am wondering if they even have the right to do this? If it was the RCMP I could see it but as far as I know the NR officer has no right to do this. Any input would be great as this is bothering me quit a bit.
Peacekeeper-CDN
05-11-2008, 03:13 PM
As far as I know they are constable in and for the province of Manitoba which will include the Highway Traffic Act
mud runner
05-11-2008, 03:13 PM
i dont think thay have any power when it comes to that
Predator_Hunter
05-11-2008, 03:13 PM
A phone call to your local NR office Monday morning will find out if this guy had any right.
muddybabe
05-11-2008, 03:17 PM
This really PISSED me off simply for the fact that I have passed cops and cops have driven behind me and they did absolutely NOTHING. So what right does this guy have??:rant:
bossy800
05-11-2008, 03:32 PM
i can see if you were drivin crazy for them to pull you over. but you were not so i think they had no right to pull you over on a dirt road.i can see them pulling you over on the main highway but not on a back road,is the road you were on a provincial road if not they have no right to.we had alot of arguments with them they tried to pull us over for driving on a unmarked road no provincial sighns just a old back road.they tried to charge us for unsafe driving and on and on.we laught at them and drove away.if they show me respect i will show them respect!!!
Loudelectronics
05-11-2008, 03:58 PM
I used to work with them and I am pretty sure they have no right in this matter unless it is under there jurisdiction. That would be on protected lands, harming any natural resource, parks etc. Gravel roads outide of protected lands are not there concern. I think he just had a beef with quads is all.
Sorry to break this to ya'll but..
As a sworn Peace Officer in the province he has every right to stop, ask questions and charge you with an offense if he so chooses.
Riding on the road is in violation of the Off Road Vehicles Act as well as the Highway Traffic Act an can lead to several different charges depending on the circumstances.
Whether or not other officers have turned a blind eye to it really doesn't matter much, he was acting within his powers and chose to give you a warning...no big deal....just smile and walk away from it. (they may have had a recent complaint in the area, you never know).
we laught at them and drove away
You are lucky then that he didn't arrest you and also charge you with Eluding or escaping custody in addition to the riding charges, throw your ass in jail and seize your bike.
mongrol
05-11-2008, 05:26 PM
Wolf is correct. The term is "Exo Ficcio" (sp) Peace officer so in the abscence of Police, they can perform the same duties.
Predator_Hunter
05-11-2008, 05:32 PM
Wolf is correct. The term is "Exo Ficcio" (sp) Peace officer so in the abscence of Police, they can perform the same duties.So this means, my wife can arrest me when i drive down the back roads... guess i better not do it anymore:nono: LOL
So this means, my wife can arrest me when i drive down the back roads... guess i better not do it anymore:nono: LOL
You tryin' to give her an excuse to use those cuffs ?? :wink2: LOL
punch
05-11-2008, 06:00 PM
You tryin' to give her an excuse to use those cuffs ?? :wink2: LOL
FOR SALE---- 1 pair of hand cuffs, have no use for them anymore, never been used, may need to remove some rust LMAO :cheers: :cheers:
Predator_Hunter
05-11-2008, 06:07 PM
FOR SALE---- 1 pair of hand cuffs, have no use for them anymore, never been used, may need to remove some rust LMAO :cheers: :cheers: HAHA SOLD!!!! 5 bucks:cheers:
devell
05-11-2008, 06:43 PM
If this is so then how about when you are at a derby and there derby run takes you out on a road can there be a charge in that case
If this is so then how about when you are at a derby and there derby run takes you out on a road can there be a charge in that case
If you are riding on a provincial road or highway.... yes.
Mudforce
05-11-2008, 07:19 PM
Well how can they run a derby on a road then?? Because they could nail a lot of people at the st malo derby, and you can bet that there would be a lot of pissed off people if that were to happen.
Got Mud
05-11-2008, 07:43 PM
I think the guy was being a jerk. On back roads I have never had a problem. If you give vehicles the right of way move over and slow down I have never heard of anybody having an issue. They do like you to ride in the ditch if possible. Sounds to me like somebody was having a bad day or on alittle bit of a power trip. JMO
jeepster
05-11-2008, 07:48 PM
the point isn't if the guy was right the point is don't give them a reason to hassle you.
psychositko
05-11-2008, 08:00 PM
As being one of the individuals that you stated from MB Conservation we are Peace Officers in and for the Province of MB. That being said we can and do enforce the Higway Traffic Act. As being an avid quader myself I have never charged anyone for driving on the road. It's all on Officer discretion.
Sounds to me like somebody was having a bad day or on alittle bit of a power trip.
Funny how every time an LEO does his job, somebody considers it a "power trip".
4MULA
05-11-2008, 08:18 PM
Hey..be glad it was just a verbal woarning and not a fine, and possible demerits. CO's have all the same authority of an RCMP, however they are not in the business of enfocing all of the laws that the RC's handle.
Be pissed off, but if you really want something to gripe to them about, then ask why they can't do anything about Natives shooting off the road or poaching on private land, or wasting game and fish all over the province...that's where my beef is with Natural Resources turning the blind eye!
GIBBIES
05-11-2008, 11:31 PM
He can give you a ticket but if you faught it ,the judge would proboly throw it out, unless you were driving stupid !!! I dont know verry many that have ever had an Off Road vehicle ticket stand. Unless you were at fault for being Stupid !!!
mongrol
05-11-2008, 11:48 PM
No law against being stupid. Its in our Charter of Rights and besides, I read it on a bathroom wall somewhere------------?
TOOTHPICK
05-12-2008, 12:08 AM
I know of a situation that happened out this way a few years ago. An adult individual was pulled over by RCMP for driving on a road, and not because of the way he drove. He was charged with driving on a road & driving w/o a drivers. When it went to court, the charges was dismissed by the judge as this was the individual's only means of transport and supporting documents were provided that stated that he was a responsible person who did not drive recklessly. The judge sent a letter to the officers superiors regarding the office's enthusiasm, and he gave the guy with the quad authorizing to drive the quad.
Point being that everyone should use common sense (even though it isn't as common as it should be).
nutter
05-12-2008, 08:06 AM
Sorry to break this to ya'll but..
As a sworn Peace Officer in the province he has every right to stop, ask questions and charge you with an offense if he so chooses.
Riding on the road is in violation of the Off Road Vehicles Act as well as the Highway Traffic Act an can lead to several different charges depending on the circumstances.
Whether or not other officers have turned a blind eye to it really doesn't matter much, he was acting within his powers and chose to give you a warning...no big deal....just smile and walk away from it. (they may have had a recent complaint in the area, you never know).
You are lucky then that he didn't arrest you and also charge you with Eluding or escaping custody in addition to the riding charges, throw your ass in jail and seize your bike.
i'm a sworn peace officer here and i can't enforce HTA, don't know why it applies to NR
JoeCool
05-12-2008, 08:27 AM
i'm a sworn peace officer here and i can't enforce HTA, don't know why it applies to NRMaybe a federal/provincial level can and municipal can not? This whole topic is another reason the quadders need to organize and have a voice with government in order to get permission/authorization to do this sort of thing. A comment used at our meeting was 'looking over your shoulder'. It would be nice to not rely on the officer's discretion all the time.
bwery
05-12-2008, 08:27 AM
Well how can they run a derby on a road then?? Because they could nail a lot of people at the st malo derby, and you can bet that there would be a lot of pissed off people if that were to happen.
I can answer this one. You call the RCMP ahead of time and let them know that your organizing a fundraising event, then ask them to turn their head the other way for the roads you plan to use. They told us as long as people are sticking to the shoulder and not being a bunch of jerks or causing problems for the general public, things will be fine and no problems using the shoulder of the road.
TRX 500
05-12-2008, 10:45 AM
This really PISSED me off simply for the fact that I have passed cops and cops have driven behind me and they did absolutely NOTHING. So what right does this guy have??:rant:
Sounds to me he is jealous that you got to ride and he had to work, can anyone say power trip he should mind his business and go bother someone who's breaking a real law like poaching
QUADZILLA
05-12-2008, 12:59 PM
Maybe he just wanted to check you out MuddyBabe?
You know, Get a closer look? Maybe a phone number?
Hey you never know right? LOL
muddybabe
05-12-2008, 02:14 PM
Maybe he just wanted to check you out MuddyBabe?
You know, Get a closer look? Maybe a phone number?
Hey you never know right? LOL
That is way too funny QZ. He woulda had to deal with Mudforce then :action-smiley-070:...lol
BushBabe(1984)
05-12-2008, 03:40 PM
Manitoba needs to get online with Ontario's rules! Around here you can register your quad and take it anywhere a vehicle can go! I have been driving on the highway when a 17 year old kid is driving his quad down the road to get home from school! Up here it is another means of transportation and really I think it should be that way everywhere especially with the price of gas!
4MULA
05-12-2008, 03:45 PM
That's fine as long as they have turn signals no? I mean up in the remote communities it's not necessary, but I know some of the U.S. states have the same rules.
JoeCool
05-12-2008, 04:04 PM
That's fine as long as they have turn signals no? I mean up in the remote communities it's not necessary, but I know some of the U.S. states have the same rules.Not many people use the signals in their cars so why bother?
muddybabe
05-12-2008, 04:40 PM
Not many people use the signals in their cars so why bother?
I so agree with you there!!!
QUADZILLA
05-12-2008, 04:52 PM
Me too! pet peeve I guess but I hate when people don't bother to use their signals...... ever!
4MULA
05-12-2008, 05:14 PM
Not many people use the signals in their cars so why bother?
HA.....try growing up and driving in Brandon for years...no signals, brake lights, or you have to drive no more then 30 km and change lanes whenever you feel like it....no matter who you cut off...or just pull out at any intersection and never look!!
Don't even get me on the pedestrian traffic there....those people would die in Winnipeg in less then 5 mins!!
TOOTHPICK
05-12-2008, 05:16 PM
I thought that some people just didn't get the signals option on their vehicle.
Slipperypete
05-12-2008, 06:49 PM
As being one of the individuals that you stated from MB Conservation we are Peace Officers in and for the Province of MB. That being said we can and do enforce the Higway Traffic Act. As being an avid quader myself I have never charged anyone for driving on the road. It's all on Officer discretion.
Your also a hunter and you gave me a ticket. Jacka$$
psychositko
05-12-2008, 07:52 PM
You deserved it you tool
i'm a sworn peace officer here and i can't enforce HTA, don't know why it applies to NR
Well, I'm not sure where "here" is... but I am also a Peace Officer in Manitoba and it applies to NRO's as per the Offroad Vehicles Act (http://web2.gov.mb.ca/laws/statutes/ccsm/o031e.php)
Click that link and scroll down to the definition of Peace Officer and you will see that NRO's are included.
Mudforce asked a question and I answered it, I can't help it if it's not the answer everyone was hoping for.
seagrams83
05-12-2008, 08:57 PM
i thought this was a free country once..I feel sorry for all the veterans who fought and died for our "freedom"..when you cant drive a quad down a country road i think we have a serious problem..to many "rule" makers have never stepped foot outside a city and just dont get it ..things are really going downhill..just my $.02
justgiver
05-12-2008, 09:27 PM
This should make things clear.
Although there is statements in there on operating atv's on highways, and provincial roads. There is nothing that I can see that says a person cannot operate a vehicle on a municipal gravel road?? If someone else sees it, please point it out.
Updated to: May 9, 2008
This is not an official version.
C.C.S.M. c. O31
The Off-Road Vehicles Act
"peace officer" means
(a) any member of the Royal Canadian Mounted Police Force and any other police officer, special constable, or other person employed for the preservation and maintenance of the public peace;
(b) any person lawfully authorized to direct or regulate traffic, or to enforce this Act or traffic by-laws or regulations; and (c) any person appointed as a Natural Resources Officer, who functions under the working title of Conservation Officer, Park Ranger or Park Patrol Officer; (« agent de la paix »)
Peace officer may stop off-road vehicles 22(5) (http://web2.gov.mb.ca/laws/statutes/ccsm/o031f.php#22(5)) A peace officer, for the purpose of making a demand under one or more of subsections (1) to (3), may by signal require the operator of an off-road vehicle to stop the vehicle, and section 30 applies in such an event.
Compliance with order of peace officer 30 (http://web2.gov.mb.ca/laws/statutes/ccsm/o031f.php#30) Every operator or owner of an off-road vehicle shall, on a signal from a peace officer requiring the operator or owner to do so, immediately bring the off-road vehicle to a stop or cause the off-road vehicle to be brought to a stop at a place directed by the peace officer, and shall not proceed until so directed by the peace officer; and shall forthwith comply with an order of the peace officer as to moving the off-road vehicle from any place.
Detention of off-road vehicle 53 (http://web2.gov.mb.ca/laws/statutes/ccsm/o031f.php#53) A peace officer who has reason to believe that an offence has been committed by means of, or in relation to, an off-road vehicle may detain the vehicle for five clear days, but the vehicle may be released sooner if security for its production is given to the satisfaction of a justice.
I believe if you look under the Definitions section of the Act, you will find that municipal gravel roads fit the definition of "highway" for purposes of the Act.
"...."highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles, with or without fee or charge therefor, and includes all the space between the boundary lines thereof; but does not include any area designed or intended, and primarily used for the parking of vehicles and the necessary passage-ways thereon;"
Peacekeeper-CDN
05-12-2008, 11:17 PM
It's simple folks........BE RESPECTFUL.....and respect will be forwarded to you....An off road vehicle is an off road vehicle.....This means that technically we are not allowed on any roadway other than a non maintained road...the officers out there are letting us go as long as we are reasonable.......If you are on a road just remember that the Highway Traffic Act has specifics and as long as you abide by them you'll have no problems:scooter:
4MULA
05-13-2008, 09:29 AM
i thought this was a free country once..I feel sorry for all the veterans who fought and died for our "freedom"..when you cant drive a quad down a country road i think we have a serious problem..to many "rule" makers have never stepped foot outside a city and just dont get it ..things are really going downhill..just my $.02
No offence, but I'm sure when our veterans were fighting on the front line's the last thing they worried about was some jacka$$ who wants to ride his quad down the middle of a maintained road......bring it back a step and just realize you can't complain when you get stopped once out of 10 times for something that isn't legal in the first place.:hammer:
ummmm... maybe some people just aren't reading the "OFF" road part of things... LOL...
so just a tip for everybody - in the last couple years there has been too many complaints by people in the rural areas that quadders are spinning up the dust control that's been laid down on the roads. this has caused the authorities to start enforcing the laws on atv's in the rural areas. they will be cracking down on people not wearing helmets, driving without registration, & driving on roads where the ditch is not passable. & they plan to nail as many people as they can this year. charges may include a fine & having your atv impounded. (this comes from an inside source)
BushBabe(1984)
05-13-2008, 10:37 AM
That's fine as long as they have turn signals no? I mean up in the remote communities it's not necessary, but I know some of the U.S. states have the same rules.
I think that they are supposed to have turn signals but there are tons that don't and the police don't really bother them! As long as they use the bike riding signals they are okay!!
B Man
05-13-2008, 12:21 PM
i asked a cop once, and he said as long as i wear a helmet, have it registrered and have my drivers leicense i can drive my quad down any gravel road, cross high ways and ride in ditches and i cannot be hassled, i could be stopped i guess, but they can't ticket me for anything.
lol and very funny about the guy who says hes a resource officer and the guy who got the ticket, LMAO!!!!! "you deserved it you tool" that was too funny.
nutter
05-13-2008, 02:27 PM
i asked a cop once, and he said as long as i wear a helmet, have it registrered and have my drivers leicense i can drive my quad down any gravel road, cross high ways and ride in ditches and i cannot be hassled, i could be stopped i guess, but they can't ticket me for anything.
lol and very funny about the guy who says hes a resource officer and the guy who got the ticket, LMAO!!!!! "you deserved it you tool" that was too funny.
Operation of off-road vehicles on highways
33(1) (http://web2.gov.mb.ca/laws/statutes/ccsm/o031f.php#33) Except as may be authorized under another provision of this Act or under the regulations, no person shall operate an off-road vehicle
(a) upon or across a roadway or the shoulder thereof;
(b) on or across the median of a divided highway;
(c) on the right-of-way of an interchange; or
(d) on or across a sidewalk.
if you're ripping down a gravel road, a cop can give you a ticket. also you have to cross highways at designated intersections if within a few km's of it.:hammer: i could be a little out on that one but the other is pretty clear
B Man
05-13-2008, 03:00 PM
Operation of off-road vehicles on highways
33(1) (http://web2.gov.mb.ca/laws/statutes/ccsm/o031f.php#33) Except as may be authorized under another provision of this Act or under the regulations, no person shall operate an off-road vehicle
(a) upon or across a roadway or the shoulder thereof;
(b) on or across the median of a divided highway;
(c) on the right-of-way of an interchange; or
(d) on or across a sidewalk.
if you're ripping down a gravel road, a cop can give you a ticket. also you have to cross highways at designated intersections if within a few km's of it.:hammer: i could be a little out on that one but the other is pretty clear
well a cop told me what i posted?????
nutter
05-13-2008, 03:05 PM
well a cop told me what i posted?????
well then hopefully he's the one that catches you! :cheers:they just probably don't enforce it often. it was common for dirtbikes to get fines when i was a kid
Mudforce
05-13-2008, 06:28 PM
Hey Nutter if the ditches are not drivable then were are you supposed to drive? The ditches around hear are really not that good and in some places there is no ditches.
JoeCool
05-13-2008, 07:34 PM
Hey Nutter if the ditches are not drivable then were are you supposed to drive? The ditches around hear are really not that good and in some places there is no ditches. Well that point is valid. We were stopped a while ago for doing something similar...:no:... and that was one point he made at the time, ditch was passable. If there are obstacles or rough and you must travel slow that is no excuse. Water or mud, as funny as that is, is an excuse. Simple answer to the whole thing is that it is NOT legal. Just like travelling 8 or 10 km/hr over the speed limit, usually they do not stop or ticket you, but 1 km/hr over the posted limit is an offense. Try arguing a red light camera charge, lmao. We need a little more voice with the regulators for issues just like this.
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