The use of trail bikes in residential or rural/residential areas has become an increasing problem within the Shire of Gingin in recent years. Many people believe that trail bikes can be ridden indiscriminately on their property or on other land such as public open space, road verges or government land. This is not the case as there are several laws that either restrict use or disallow use in certain areas. These laws have been established in order to control the nuisance effects of trail bikes and other off-road vehicles such as excessive noise, dust, danger to people and damage to environmentally sensitive areas. The following is a brief summary of the laws that you should be aware of in relation to the use of trail bikes and other off-road vehicles.
Control of Vehicles (Off-road Areas) Act 1978
This Act prohibits the driving and use of off-road vehicles without a permit. A person shall not drive or use an off-road vehicle in any area other than:
- On private land with consent of the owner;
- On land comprised within a permitted area, unless permitted to do so pursuant to section 8(4) of the Act; or
- As deemed to have been permitted to do so pursuant to section 8(5) of the of the Act.
Penalties Apply.
Environmental Protection (Noise) Regulations 1997
Regulation 14 of these Regulations allows the use of specified equipment (meaning any item of equipment which requires the constant presence of an operator for normal use) to be used on residential premises. However, this is subject to certain conditions:
The specified equipment (other than a musical instrument) is used in a reasonable manner and has not been used for more than 2 hours since the beginning of a relevant day.
In the case of a musical instrument, for more than one hour since the beginning of the relevant day.
The noise resulting from the use of the specified equipment on those premises, having regard to the duration of the noise emission, the frequency of similar noise emissions from those premises and the purpose for which the equipment is used, does not unreasonably interfere with the health, welfare, convenience, comfort, or amenity of an occupier of premises receiving the noise.
The specified equipment is used –
- Between 0700 hours and 1900 hours on Monday to Saturday inclusive; or
- Between 0900 hours and 1900 hours on a Sunday or public holiday.
Riding/Driving on Strategic Fire Breaks
Riding or driving on strategic fire breaks contravenes the Bush Fires Act 1954 and is not permitted when the Shire has declared a Harvest, Hot Works & Vehicle Movement Ban. Note that strategic fire breaks must be maintained in good condition to allow access for fire-fighters and as escape routes for residents. Damage to strategic fire breaks by trail bikes and off-road vehicles could cause a risk to lives. Riding on fire breaks on Total Fire Ban days also increases the risk of a bush fire.
Use of Trail Bikes and Off-road Vehicles on Commonwealth Land
The Crimes Act 1914 – Section 89 prohibits trespassing on Commonwealth land.
A person who, without lawful excuse (proof whereof shall lie upon him or her), trespasses or goes upon any prohibited Commonwealth land shall be guilty of an offence. (Penalties Apply)
Where a person is found upon prohibited Commonwealth land, a constable, a protective services officer or an authorised Commonwealth officer may request the person to furnish his or her name and address to the constable or officer and, if the person fails to comply with the request, he or she shall be guilty of an offence. (Penalties Apply)
Use of Trail Bikes and Off-road Vehicles on State Government Land
(e.g. Department of Biodiversity, Conservation and Attractions areas, Water Catchment areas)
Off-road registered trail bikes and off-road vehicles are not allowed in these areas.
Off-road registered trail bikes and off-road vehicles are only allowed to be ridden in Gazetted Off-Road Vehicle Areas. (ORVA)
A complete list of designated ORVA is available on the Department of Local Government, Sport & Cultural Industries website including a map of all these areas and other pertinent details.
To ride in the Shire’s two designated ORVA (Lancelin and Ledge Point) your vehicle needs to be either ORV registered or road registered. Riders must be a minimum of 8 years old.
Use of Unlicensed Vehicle/Drivers on Public Roads
This is an offence under the Road Traffic Act 1974.
A carriageway/roadway covers the area from fence line to fence line, including the verge and footpaths. Offenders will be reported to police.
Riding on Public Open Space, Parks & Reserves
This contravenes the Control of Vehicles (Off-road Areas) Act 1978 and Environmental Protection (Noise) Regulations 1997 (Regulation 6 – Regulation of noise from public places).
Complaints Handling & Assessment
If the operation of a trail bike is considered to unreasonably interfere with the health, welfare, convenience, comfort or amenity of an occupier or if it affects a noise sensitive premises (which includes a home, motel, caravan park, or nursing home) then an offence can occur under Regulation 7 of the Environmental Protection (Noise) Regulations 1997for which an Infringement Notice can be issued and which carries a modified penalty of $250 (first offence) or $500 (ongoing offences).
Alternatively, the matter can be taken to court and may be subject to higher penalties (and court costs) if convicted.
In assessing whether the use of trail bikes, quad bikes, off-road vehicles, etc. is reasonable or unreasonable, consideration will be given to factors such as:
How many days of the week does it occur?
How many vehicles are involved?
Does the activity stop/start throughout the day or is it undertaken in 1 or 2 time periods?
How loud are the vehicles? Do they have efficient silencers?
What distance are the vehicles being operated to neighbours?
Have there been previous complaints?
Shire officers will try to arrive at a mutually agreeable solution to allow the activity to occur. This may involve negotiating with neighbours as to the acceptable times of the day and length and frequency of the activity (e.g. only 1 hour per day may be considered acceptable providing it is between certain times and on designated areas of the property
Please be considerate - nobody has the right to unreasonably interfere with the health, welfare, convenience, comfort or amenity of an occupier. Be considerate to your neighbour(s) and be prepared to compromise. In some situations, particularly in built-up areas with smaller lots, the exemption under Regulation 14 will not apply and operators of trail bikes, etc. will be subject to the normal noise provisions of the Regulations.