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Kakfwi takes aim at helmet law

Maria Canton and Richard Gleeson
Northern News Services

Yellowknife (Jan 15/01) - The Premier of the Northwest Territories said the government may make helmets mandatory for snowmobilers if the communities refuse to do so.

"If it becomes evident that what we need is a territory-wide measure, that compels legislators to look at what we can do to increase public safety, not only the safety of the drivers and owners of snowmobiles, but pedestrians," Stephen Kakfwi said Friday.

"We have to step up to the line and account for our inaction."

Northwest Territories chief coroner Percy Kinney has recommended helmets be mandatory for all snowmobilers. The recommendation flowed from his investigation of a snowmobile crash early this winter in Fort Good Hope, Kakfwi's home community. Three people died in the crash.

"Numerous examples, many this year alone, exist where helmet use may have saved someone from death or serious injury," Kinney said.

The issue will be raised when MLAs return to the legislature next month, the premier said.

Under the territory's all terrain vehicle Act, snowmobiles are the responsibility of community governments. Wheeled ATVs, however, are classified as "special ATVs" and are legislated by the GNWT. A territory-wide law exists that requires all ATV users to wear a helmet.

Currently, anyone with a valid drivers licence can operate a snowmobile. Those without a drivers licence or under 16 must complete a snowmobile safety course and be with a licensed driver when operating a snowmobile.

Not all communities, however, have properly trained people to instruct the snowmobile safety course, raising yet another issue for lawmakers to consider.

Later this month, Kinney will recommend the government either amend the Act to include snowmobiles as "special" or create a new Act that would make helmets mandatory.

A Transportation Department official said there may be support for a mandatory helmet law in Fort Good Hope, but other communities could see territorial legislation as an intrusion on their turf.

"The government's decision for giving power over snowmobiles to the communities is in keeping with the community empowerment clause," said Gary Walsh, acting director for the motor vehicles division.

"Taking the power away from the communities would be a step backwards."

Walsh wasn't sure how many communities have passed bylaws requiring helmet use, but he said the government is trying to gather that information.

Residents of Fort Good Hope plan to meet Monday night to discuss the possibility of implementing a mandatory helmet bylaw for snowmobilers there.

"Shortly after the tragedy the issue was brought before council and we decided to take it to a community meeting," said acting senior administrative officer Dan McManaman for the K'ahsho Got'ine Community Council.