
Question #1 : Can Trail Patrol Members patrol on OFSC Prescribed Trails that are on private property when the trails are closed? Short answer… yes.
Trail Patrol Member’s duties and responsibilities are all centered around activity on OFSC prescribed trails as the original focus was to enforce the user pay system. Although the program was designed to patrol on open trails, as this is where having a permit is law, patrolling off trail is a valid and sometimes necessary activity. According to the spirit of the Prescribed Snowmobile Trail Land Use Permission, the club has a moral obligation to attend to issues arising from the existence of the trail both before and after the winter months when activities relating to opening, closing, upgrading and maintaining are taking place. Therefore, Trail Patrol Members can patrol on closed trails.
Question #2: Can they lay trespass to property charges on a closed trail? Short answer… yes.
It is illegal to ride on a closed trail on private land, whether or not the sled has a permit. The permit makes riding on a trail legal, only when the trail is open. Therefore, a Trail Patrol Member, as the agent for the landowner, has the authority to lay a Trespass to Property charge on a closed trail even if the sled has a permit on it. The best course of action depends on circumstances, of course. Has the landowner complained of sled activity before the trail is open? Are sledders continuing to ride after repeated warnings from the club? In these cases, laying a charge might be the right action. Keep in mind that the Trail Patrol Member is a snowmobile Ambassador and should do everything in his / her power to build goodwill with riders. An alternative to laying a charge may be to ask the sledder to leave the trail and maybe even issue a warning. Explain the potential dangers and the requirements of club volunteers to prepare the trail properly so it can open as soon as possible.
Question #3: Can Trail Patrol Members sell permits on a closed trail? Short answer… yes.
Although the intent of the program is to sell permits on open trails, as this is where Bill 101 and the MVSA makes having a permit a legal requirement, Trail Patrol Members are not restricted to selling just on trail. They can sell permits at any time or place, on trail and off trail if the rider agrees. However, they only have the ‘authority’ to sell on the trail (where the permit is a legal requirement). The only stipulation is that they only sell a seasonal permit at the after Dec. 1st price. |