'Zero-tolerance policy' for drinking and driving a snowmobile? Not quite

The RCMP is softening previous comments an officer made to CBC News earlier this month about a "zero-tolerance policy" for drinking alcohol before driving a snowmobile.

Cpl. John Butler told CBC Radio's TheSt. John's Morning Show on Jan. 17 that snowmobilers are not allowedto have any liquor in their system and "shouldn't have even a sip," when in fact the rules are vague.

"It depends on the person," Staff Sgt. Rod Gallop told CBC Radio'sNewfoundland Morningon Monday.

"To say thatthere's a blanket statement for zero tolerance for everybody, should get clarified somehow."

Snowmobilers surprised

Gallop's comments come after CBC's initial story on snowmobiling and alcohol drew a surprised and incredulous reaction from readers responding on social media, many of whom were unaware of that zero-tolerance policy.

CBC Radio's Newfoundland Morning contacted the Crownprosecutor's office to ask about how officials there would handle prosecuting these cases, including possible challenges by drivers of snowmobiles for example, if they argued they were being held to a stricter threshold when it came to alcohol consumption.

A Crown attorney responded that the RCMP would be contacting CBC to discuss the issue.

That's when a second interview, this time with Gallop, was arranged for Monday.

While the Criminal Code is clear about how much alcohol drivers can have in their systems, provincial legislation is vague.

The Motorized Snow Vehicles And All-Terrain Vehicles Act says anyone operating a snowmobile "while under the influence of intoxicating liquor, narcotics or habit forming drugs ... is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or to imprisonment for a period not exceeding 6months or to both a fine and imprisonment."

But the act doesn't explain "under the influence" and whether it is defined as legal impairment or another indication of intoxication.

"When we looked at what that meant to us, to provide a measure of what an 'influence' could be, we wanted to erron the side of caution," Gallop said.

"We might not always know if we are 'under the influence' and the best message from us would be ... not to drink and drive."

A media release issued by the RCMP late Monday afternoon reiterated that message.

"While [provincial legislation]does not reference zero tolerance, the RCMP does recommend zero consumption prior to operating any motorized vehicles," according to the RCMP's statement.

"The safest route is always not to consume prior to operation of skidoos or ATVs."

How to judge impairment

While there are rules against minors and young drivers consuming any amount of alcohol before operating a vehicle, Gallop says the RCMP is not targeting mature drivers who've had a single drink before heading out on a snowmobile.

Gallop said officers have seen dozens of empty cans and liquor bottles along snowmobile trails on the west coast of Newfoundland. That's who police are after, he said.

"The spirit of this initiative wasn't to go out and to look at people who perhaps had a drink with their dinner or a drink earlier in the day and then later on decided to go for a snowmobile ride," he said.

"The spirit of this initiative was to look at who are the people who are leaving behind the massive amounts of empties."

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