Alberta inquiry recommends ATV age restrictions

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Published: February 24, 2011

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The Alberta government should make it illegal for small children to ride large quads, concludes a report released Feb. 11.

Provincial court judge B.R. Hougestol said there should be age restrictions based on all-terrain vehicle size to help reduce accidents and death.

The inquiry examined the case of Kirkland Gour, 12, who died in 2007 while quadding on a stubble field near Nampa, Alta.

Gour was quadding with his cousin on the back when the 650 pound, 660 cc Yamaha Grizzly ATV rolled and the front rack of the quad pinned Gour’s neck.

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Hougestol said no consensus exists on mandatory age limits or licensing but consensus does exist that age and machine size-appropriate operation be followed.

A change of Alberta law would be required to adopt an age-machinery size schedule, he wrote.

Hougestol recommended that passengers be prohibited on ATVs except where the vehicle is so designed and that existing training regimes be encouraged and expanded.

“The pervasive use of ATVs and their ever-increasing power would point to the need for a more central and co-ordinating role for government and education officials,” he wrote.

Such training should be on the same level of availability and efficacy as driver training for automobiles and hunter training.

Gour was not wearing a helmet but there was no likelihood that would have saved his life, said the report.

The 82 lb. boy, who loved the outdoors, quadding and motocross racing, was regarded by his family as an “experienced and careful operator.”

“Kirkland had no formal training in quad operation but had years of experience as did his family generally. His family clearly was of the view that Kirkland would not have benefited from other training,” wrote Hougestol.

During the fatality inquiry, Kathy Belton, director of the Alberta Centre for Injury Control and Research, said ATVs should be restricted to people 16 years and older and children should never ride as passengers.

She said the judge’s recommendations are a step in the right direction but doesn’t hold out much hope they will be implemented.

“It really comes down to politics,” said Belton.

Don Peters of the Alberta Off Highway Vehicle Association opposed a blanket ban or mandatory licensing but encouraged age-appropriate vehicle sizing.

Six to 11 year olds should be limited to 70 cc vehicles and children aged 12 and older to 90 cc, he said.

His group strongly advocated training programs.

Daniel Chokal, a mechanical engineer with the department of justice, said the 660 Grizzly is designed to be operated by a 160 lb. individual and that passengers can cause some control problems.

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