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Trail access logistics and liability

Nearly all the rail trails in my area prohibit motorized use of any kind. Trail managers here strive to avoid mixing motorized off-highway vehicles, biking and pedestrian use of the trails. Motorized vehicles, bicycles and pedestrians do not mix well sharing the same linear space under any circumstances.

At all road-trail crossings, stop signs face the trail routes, and closely spaced bollards require a slow, careful pass through. The bollards permit pedestrians and bicycles, but not the wider frame of an ATV or even a motorcycle. There are usually signs that instruct cyclists to dismount and walk across the roadways. No stop signs are present on the highways, but there are the yellow caution signs that warn drivers of the rail trail crossing.

So what about this proposed Adirondack Rail Trail? Snowmobile use will prevent bollards from being installed, so you will essentially have open access from the roadway to the trail. Stop signs are only as good as the character of the sled operators (true for automobiles as well). In the unlikely event the high volume of sled traffic develops as trail boosters envision, the roadway, having been cleared of snow and perhaps salted, will develop a “snow track” as sleds pick up and deposit snow and ice across the roadway from both sides of the crossing. This “snow track” may actually create a slick spot on the roadway surface, creating a road hazard that will surprise an automobile driver. A Google search of snowmobile accidents at highway and trail crossings provides many unfortunate accounts indicating this is a common problem that results in many unnecessary deaths.

Conversely, when a train approaches a little-used crossing, even without signal protection, Federal Railroad Administration rules require a crew member to stop traffic and flag the train across the roadway safely after traffic is stopped. No such rules or personnel will be present for snowmobilers. This will create a dangerous condition for the trail users and the motoring public where these paths cross, and great liability for the communities that will be responsible to maintain trail safety. Have these safety concerns been adequately addressed by the New York State Department of Transportation, the Department of Environmental Conservation and the Adirondack Park Agency? How about the municipalities that support removing the rail corridor? Have they calculated the expense of safe road and trail crossings, and the cost of potential litigation for an unfortunate accident?

Unauthorized access enforcement

In addition to the bollards mentioned to control access, to one side is a 10- or 12-foot gate that is locked; when open, this allows a full-size emergency vehicle, police cruiser or trail maintenance vehicle access to the trail. Usually there is some combination of a drainage ditch or large boulders lined up where necessary in an attempt to keep other non-authorized vehicles off the trail. Snowmobiles, though not as popular in our area, are still found utilizing numerous dedicated trails in the Laurel Highlands, away from non-motorized recreation areas. Sleds are prohibited from using our rail trails and rarely seen, but ATVs are everywhere.

Although ATVs are officially prohibited, their riders always find a way to obtain access to the trail right of way. Evidence of ATV riders driving around the barricades can be seen here and there, but there is an even easier way for them to get access by coming from adjacent lands. Our trails pass through many former coal mine sites since this was the reason for the railroad’s presence to begin with. The boney piles (mountains of shale and cinder separated from the coal or coke works) are the holy grail of ATV riders, and the trail is the easiest way to get there, even though it is against the law to do so. ATV riders can get into the mine sites from non-trail access points and then get on the trail from the mine, far from a gated-access trailhead. I personally have witnessed the ATVs pass us while out for a bike ride on the trail. As you ride along the trail, you pass numerous ATV access points, some coming right out of shallow areas of creeks. Damage to the trail and nearby forest areas from the ATVs is easily identified by the wheel ruts, especially on the soft, wet areas, not unlike that already reported by Adirondack Scenic Railroad crews operating through Tupper Lake. Unless law enforcement sees the event, the scofflaw is long gone before anyone can respond.

Law enforcement is more likely to respond to parties and bonfires in the woods at night along the trail, usually common in the summer months, when the teens get together for boozing and smoking weed in the remote areas afforded by the trails.

Westmoreland County has a dedicated unit of park police that maintain the law and respond to all incidents occurring at our county parks and our rail trails. A total of 38 officers are employed, responding by foot, all-terrain vehicles, cars and a mountain bike, and a K9 unit is at their disposal, all supported by our tax dollars. Recent years has seen a rash of break-ins of parked vehicles at park and trail facilities, and although less numerous, there have been rapes, robberies and even an attempted murder fueled by a lovers’ triangle.

James Falcsik lives in Irwin, Pennsylvania.

References:

detroit.cbslocal.com/2015/03/09/man-72-killed-when-car-hits-snowmobile-in-leelanau-county/

www.localnews8.com/news/ny-man-dies-on-hwy-20-after-car-hits-snowmobile/24246698

triblive.com/news/adminpage/8825282-74/park-county-nolan#axzz3x7xJ6WyH

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