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Whistler gets it right with bike trails

Liability, risk management hot topics at international mountain bike conference

Reliable statistics on the number of riders out there using the trails are hard to come by, but today 70 per cent of all bikes sold are mountain bikes.

One thing was clear to the participants in the North Shore World Mountain Bike Festival and Conference, and that was the sport of mountain biking is too big, and far too complex, to be ignored.

Representatives from municipal governments as far away as Scotland and Australia took part in the three-day conference, hoping to learn how to deal with issues like trail construction and erosion, liability, trail user conflicts on public land, mountain bike tourism, and public safety. Most had already reached the conclusion that the sport was not going to go away, and that it made better sense to take an interest in the development and management of the sport than to ignore it or attempt to shut it down.

Whistler is already considered a global leader, with its popular bike park, a network of sanctioned and unsanctioned trails, and the Whistler Trail Standards manual, which is already in use around the world. In addition, the RMOW fully backs the mountain bike community, building trails, fostering youth programs, holding events and backing the maintenance of the trail network through groups like Whistler Off-Road Cycling Association.

Mountain biking is not as accepted in other towns.

In Victoria, home to many of Canada’s top mountain bike competitors, riders are only allowed to build and ride singletrack in specific designated areas. In the U.S., some popular areas were closed to mountain bikers as a result of erosion or trail user conflicts. Even on Vancouver’s North Shore, which gave birth to a whole new style of riding, there are lingering concerns about rogue trail builders, trail standards, erosion, liability, and user conflicts.

Because most municipal governments don’t have the resources to monitor and manage their mountain bike areas, a lot of that responsibility has been passed off to the mountain bikers themselves. Clubs are assuming responsibility for trails and the development of the sport through their membership, as well as providing insurance to clinics and events.

These partnerships, and understanding the concept of risk management, may ultimately be what saves mountain biking.

According to Keith Gibson of the Municipal Insurers Association, "Everybody needs to start off with a basic understanding of the legal issues. The problem is that local governments are being asked to provide all kinds of resources, more resources all the time, but property owners don’t want anybody to raise taxes," he said. "That’s why (local governments) try to find groups and volunteers that are willing to build trails and build skateboard parks, and assume some of the responsibility over those areas as well."

Once a municipality becomes aware of the existence of a mountain bike trail, they don’t automatically assume legal responsibility over that trail because it’s on their land. However, Gibson says that the issue has not really been tested in court – if an injured mountain biker can prove that the local government or property owner was deliberately negligent, they may have a case.

To prevent that, Gibson says mountain bike clubs and municipalities should work together to find ways to ensure that an effort is at least being made to keep riders safe.

"There’s a public perception that when you get to the trail to ride it’s going to be safe, that the bridges and stunts aren’t going to collapse… and ultimately catastrophic injuries do occur," said Gibson.

"There is a related point that goes with that, that most mountain bikers understand that they are the ones assuming the risk – but when a catastrophic injury does occur, they’re paralyzed, they can’t work, they’re going to be looking for some money."

By taking the necessary risk management steps – such as marking trails and features, offering alternative routes to difficult sections, clearing landing areas, and building trails in such a way to control speed – local governments and clubs can protect themselves from liability.

While volunteer trail workers can help, you have to use guidelines, like the Whistler Trail Standards, to ensure that their work is up to par.

"Volunteers are definitely an asset, but they can also be a liability if you don’t get the right people with the right skills doing the job. Sometimes they can unknowingly increase the risk, which becomes a legal issue," said Gibson.

Even if a rider does fall and decide to sue, they still face an uphill battle according to David Hay, a Vancouver bike lawyer who specializes in injuries sustained on the road.

So far there are no cases on the books in B.C. where a mountain biker has successfully sued a local government, and changes to the Occupiers Liability Amendment Act will make it even more difficult.

"There’s only a few cases where a person was given permission to enter someone’s land and something happened to them could successfully sue," said Hay. "The first test is whether the landholder intended you harm. Was it a wilful act or was it recklessly in disregard for your safety."

Waivers are also an effective way of reducing liability, because it’s harder to prove negligence when trail users are informed of the risks.

The only exception to the Occupiers Liability Amendment Act and the protection of waivers are minors, says Hay, although he says it’s unlikely that the laws would apply any differently.

"The real issue in the North Shore and everywhere is that life is full of risks. Safety should always be front of mind, but you don’t always want to be worrying about your legal rights when you’re in that scenario – you should just want to be careful," said Hay.

Vancouver General Hospital and Lions Gate Hospital are the two main centres that deal with serious injuries and trauma in the Lower Mainland. Both have seen an increase in the number and severity of mountain bike injuries in recent years, but without more rider statistics it’s hard to put it into context says Dr. Richard Simons, the director of trauma services at VGH.

In most cases the injured riders were males in their 20s, and they were just as likely to be expert riders as beginners. Almost half of all injuries involved broken bones, and these were divided evenly between the upper and lower extremities of riders.

Head injuries accounted for 13 per cent of all injuries, and neck injuries are less common at 7 per cent.

"If I have one message, it’s not that mountain biking is dangerous and should be banned. To me the message is that it has inherent risks. I preach the gospel of wearing the equipment, getting some training and building your skillset safely, not in the first few metres of a bike trail. Pay attention to the environment – a rainy day is not the best day to be biking on the North Shore. Don’t go in the mornings because of the frost," said Dr. Simons.

"The most important thing is attitude. We want people to want to stay injury free."

David Diplock, a board member of the North Shore Mountain Bike Association and a consultant who has worked with local North Shore governments to facilitate mountain biking, suggested ways that governments and clubs could manage and reduce risks for riders.

"This isn’t just for the riders but for emergency response people as well – If you fall on one of these trails you’re looking at two hours before someone from Search and Rescue can get to you. Then it could be another two hours before you get out of the woods, depending on where you are," said Diplock.

To mitigate the risks involved with a trail, trail builders, park managers, and mountain bike clubs have to look at things like the width of the trail or stunt, the steepness of the trail, how high stunts and bridges are, whether there are escape routes for riders. Speed is also becoming more of a factor.

"Five years ago it was slow going. The bikes were rigid, the tires were skinny. Now everybody has these big squishy bikes with huge shocks and disk brakes, and they’re starting to ride the trails a lot faster. Some of them have been around for a while and really weren’t designed for speed, and we’re starting to see more injuries as a result," said Diplock.

Diplock recommended Whistler Trail Standards to all governments and clubs because it addresses these issues, suggesting ways to slow riders down by buildings speed checks (usually small stunts).

"The best part is that the riders don’t even know you’re doing it to them," said Diplock.

It’s also important to ensure that there are alternative routes around the biggest stunts and obstacles for beginner level riders.

Signage is also important, both at trailheads to warn riders, and on the trail to let people know when something challenging is coming up.

The same features also help to avoid trail conflicts with other users, such as horses, runners and hikers.

"At the end of the day, there are still going to be risks and that’s part of what makes mountain biking fun," said Diplock. "At the same time you can show that you’re being diligent, that you’re doing something to mitigate the risks. If you’re worried about the bike trails in your backyard, then it’s as simple as that."