is lt legal to drive on powerline trails?

[Sunk]

From what I gathered, being on the roads or anything under the lines is technically illegal. Well I guess anywhere is, but the power company would be more likely to get you for it than just the land owner.

 

[Nipplechops]

but is that canadian law..... or is it the same here in ny for sure?

It would depend on who owns the lines. Here in Alberta, the distribution system is owned by various utility companies like AltaLink. However, over to the west in B.C. they are owned by B.C. Hydro, which is a government coporation. In both Provinces it is illegal to drive on the cutlines due to the fact that if you get hurt on their property, they can be held liable and thus opens them to litigation. It has happened to forestry companies in B.C. on more than one occasion.

Your best bet to know 100% is to email the local utility comapny, but I would bet my testicles that they will tell you to stay away.

 

[GreatWhite]

First of all its only "illegal" if the pokie catches you doing it. I dont know about any other states because it snows but the police department out here has probably two expeditions that dont have 4x4 and a couple cops on dirtbikes. But to our advantage the special wash/trail unit only works during the day, so night time comes around we could start having drag races down the wash. But on the other hand, we have the angeles crest national forest that allows dirtbikes,quads, and ORV to mob it anytime you have the urge.

 

[Nipplechops]

But on the other hand, we have the angeles crest national forest that allows dirtbikes,quads, and ORV to mob it anytime you have the urge.

If you participate in the hooliganism referenced in the rest of your post, you won't have it for much longer.

 

[BLOODBANE]

And just because some one else is wheeling on these areas, doesn't mean it legal. I have the big towers right behind my house(close to one of our hayfields,on land we own) and If i caught someone back there they would get the Sheriff called on them and i would press trespassing charges on them. The main reason the land owner is pissed off, is because of people just driving on his land. ALWAYS ASK FIRST!!!!!!If its public right-of-way it will be documented at your courthouse(they are called easements). Find out first.

 

[OilPatch197]

If there is no posted signs saying otherwise, it's legal. There was a kid around here that decided it would be cool to go mudding thru a farmers plowed field during winter, well he got stuck and the farmer charged him $$$ to unstuck his truck.

So yeah, if you do persue this, don't get into a situation where you can't get out. Back in the 70's a guy chased my Dad out of a power line right of way with a shotgun. He was big in dirtbikes.

If the land is not posted, all they can do is give you a warning.

 

[92ranger2wd]

Here in Michigan a few select powerline trails are marked with orange diamonds to identify an established ORV trail. ORV trails that follow powerlines are few. Aside from these, it is considered ILLEGAL to drive down a powerline or pipeline cut. And just because it isn't posted, doesn't mean that it's legal. When wheeling on state land, I know not to go off the trail into a swamp bog/wetland. Why? Because I know it's illegal, no signs are needed.
This is a good thread. People need to learn, and understand the rules of legal wheeling. Ignorance is no excuse. If you don't know your local laws regarding land use, look them up. Trying to play dumb doesn't work when the DNR find you buried half way up your doors on a powerline. They'll be happy to hand out all kinds of tickets. I've even heard of them seizing peoples rigs.

 

[Will]

Just because it's not posted doesn't mean you won't be warming your hands on a deputies hood. You might eventually get released, or you might eventually have to pay a lwayer $500 to write a letter to the landowner explaining that it's only tresspassing if it was marked. Or you might get sued for $2,000 to have some errosion mats stapled down over trails that have been there for ten years.

You roll your dice.

 

[Nipplechops]

And just because some one else is wheeling on these areas, doesn't mean it legal. I have the big towers right behind my house(close to one of our hayfields,on land we own) and If i caught someone back there they would get the Sheriff called on them and i would press trespassing charges on them. The main reason the land owner is pissed off, is because of people just driving on his land. ALWAYS ASK FIRST!!!!!!If its public right-of-way it will be documented at your courthouse(they are called easements). Find out first.

I am a huge advocate for private property rights, so I must agree with you 100%. Trespassing is a crime taken very lightly up here in Canada, if taken as a crime at all.

If there is no posted signs saying otherwise, it's legal.

Actually, in most cases it is the opposite. Both Alberta and B.C. (only places I ride at the moment), as in many places in the U.S. (if not all of them) have adopted "Closed, unless posted open," policies. That basically states that if there isn't a sign on the trail saying it is open to OHV traffic, it is off limits.

Here in Michigan a few select powerline trails are marked with orange diamonds to identify an established ORV trail. ORV trails that follow powerlines are few. Aside from these, it is considered ILLEGAL to drive down a powerline or pipeline cut. And just because it isn't posted, doesn't mean that it's legal. When wheeling on state land, I know not to go off the trail into a swamp bog/wetland. Why? Because I know it's illegal, no signs are needed.
This is a good thread. People need to learn, and understand the rules of legal wheeling. Ignorance is no excuse. If you don't know your local laws regarding land use, look them up. Trying to play dumb doesn't work when the DNR find you buried half way up your doors on a powerline. They'll be happy to hand out all kinds of tickets. I've even heard of them seizing peoples rigs.

If everyone I have had to deal with when I was active in the land access groups had your attitude, I would still be a part of those groups. Sadly that wasn't the case and it burned me out and made me bitter towards the whole process in the end.

So, suffice to say, your post made my day.

 

[dogboy]

First of all its only "illegal" if the pokie catches you doing it. I dont know about any other states because it snows but the police department out here has probably two expeditions that dont have 4x4 and a couple cops on dirtbikes. But to our advantage the special wash/trail unit only works during the day, so night time comes around we could start having drag races down the wash. But on the other hand, we have the angeles crest national forest that allows dirtbikes,quads, and ORV to mob it anytime you have the urge.

That's they way to think about! NOTTT. Getting caught has absolutely nothing to do with how "illegal" it is. You shouldn't have to tell people that breaking into your house is illegal, because it is illegal whether you catch them or not. If you have cops chasing/ after you for going in that area, you SHOULD DEFINITELY NOT BE GOING IN THERE. It should be clear that you are not welcome on that land, and that you should stop going there no matter how "fun" the trails are. Imagine what you would be doing if that land was yours and you didn't want people on it.

If there is no posted signs saying otherwise, it's legal.

That is ENTIRELY not true.
By that description, since you don't have "no trespassing" signs on your front lawn, I can come over and wheel on your lawn anytime I please.
The land owner does not have to post signs in order for it to be trespassing.
People should know if they should or shouldn't be somewhere and if they aren't sure, then that means they shouldn't be there until they know otherwise.



Illegal wheeling is extremely bad for the sport/ the rest of us wheelers. It give people the impression that all wheelers abuse land/ land rights. It is a good way for environmentalists to get what decreasing number of legal ORV/ OHV areas, closed, or restricted.

With powerlines, I would say it is illegal and to NOT do it unless you have it in writing or something saying that the land owner/ power company, or who ever, says it is ok for you to be there. Just to cover your ass if something happens. Honestly, if I owned the land, even though I love wheel/ riding, I would not want people out there specifically for the liability reasons.

Sorry for the "rant", but I STRONGLY dislike it when people illegally wheel. I want there to be places for my kids to go and ride someday.

 

[pacodiablo]

Yes it's illegal, and they don't have to have "posted" signs up. Not that I haven't done it myself, but you are running a risk.

 

[OilPatch197]

Well, the "public" ATV trails around here have No Trespassing signs up, the owner lives down in Florida and her sons made these trails back in the early 80's.

The way they explained it was that the signs would provide some protection if somone got hurt in the woods, been down the trails many times.(and so has thousands of others, without permission)

So IMO use your sense, the only time the boys are in the woods is hunting season. The rest of the time it's open, to anyone.

ATV's go past our house many times(even tho it's Illegal in IL cops don't mind) and some even have beer boxes strapped to the racks. So please stop preaching all this goody kissy poo.

 

[brendank]

It would depend on who owns the lines. Here in Alberta, the distribution system is owned by various utility companies like AltaLink. However, over to the west in B.C. they are owned by B.C. Hydro, which is a government coporation. In both Provinces it is illegal to drive on the cutlines due to the fact that if you get hurt on their property, they can be held liable and thus opens them to litigation. It has happened to forestry companies in B.C. on more than one occasion.

Your best bet to know 100% is to email the local utility comapny, but I would bet my testicles that they will tell you to stay away.

In Alberta, almost all of the powerlines are on private property or crown land. This goes for Atco, Altalink, and Fortis. You need to deal with the landowner for access, not the power company. There are liability issues due to the structures though. If you plow into a structure, then you will have to deal with the company that owns the lines.

I contract out to all of the above companies, and even as employees of those companies, we must get owner permission before setting foot on their land to do powerline work.