For purposes of the LCCSA, four wheel drive vehicles exclude 4x2 vehicles, quad bikes and scrambler type motorcycles. Because these vehicles can potentially cause as much damage to the environment as four wheel drive vehicles, this paper does not however distinguish between any concerns regarding such vehicles and four wheel drive vehicles.

It is important to note that, although a four wheel drive vehicle is, by definition, capable of traversing terrain where no roads or tracks exists, the use of the term “off-road” is used to convey the concept of travel on existing and recognised gravel and dirt roads or sand and other tracks not normally accessible by nonfour wheel drive vehicles under normal circumstances. Specifically, the term “offroad” does not imply travel on virgin terrain where no designated roads or tracks exist.


INTRODUCTION TO THE LCCSA

1. Background
   
   The LCCSA is a voluntary association with legal capacity which has a separate legal identity from its members. The members of the LCCSA have an interest in vehicle based off-road activities and Land Cruiser vehicles whose interaction is generally (but not solely) internet based and may be found at the URL www.landcruiserclub.co.za.
   
   The LCCSA currently has over 1000 members who elect custodians from time to time. The custodians are responsible for the due compliance by members with the club’s constitution and rules and have the power to suspend or to terminate the membership of any member.
   
   
2. Objectives
   
   The objectives of LCCSA are:
   
   
1. To facilitate its Members’ enjoyment of Land Cruiser vehicles, all offroad activities and other common interests in a responsible manner which promotes the ecologically sustainable use of the environment;
2. To provide a Forum where Members may share their interest, knowledge, use of and expertise in Land Cruiser vehicles;
3. To ensure that its Members act within the provisions of its Rules and Constitution as set out herein;
   
   without any primary objective of gain or profit.
   
   
3. Rules
   
   Members are also subject to the rules of the LCCSA which include, inter alia, the following:
   
   
   1. Members should respect the club, take pride in being a member of the LCCSA and should not act in any way which may bring the LCCSA or its members into disrepute. Any such act could lead to immediate suspension and / or termination of membership.
   2. Members should promote the ecologically sustainable use of the environment and the responsible use of off-road vehicles.
      

BACKGROUND TO THIS PAPER

As stated earlier, the LCCSA is an internet based club and interaction between its members largely takes place through discussions on its website. In order to present a paper with proposals containing the ideas and approval of the majority of its members, certain discussions were held relating to NOW, the proposed self-regulation of the industry and the relevant speeches by the Minister.

Due to the geographic distribution of its members throughout Southern Africa and abroad, a workshop in order to discuss the proposals and to reach consensus was impractical and could therefore unfortunately not be held. The contents of this paper were forwarded as a draft to the members of the LCCSA for comment and a final document prepared thereafter.

The LCCSA is comfortable that the majority of its members support the views expressed in this document.


INITIAL CONCERNS

The contents hereof should be seen in the light of the absence of any definition of the type of activity that may have a lasting detrimental effect on the environment. It appears as if the industry may have been requested to come up with a solution for a problem that has not been duly defined.

In this respect the letter from the Minister to the convener of NOW dated 10 March 2006 is highly relevant. In this letter the Minister stated the following:

“Finally I would like to inform you that work by the Department to identify areas deemed to be sensitive to potential impacts caused by off-road activities is due to commence shortly. It is imperative that there be close coordination around this work and the work to be done by the NOW as integration of the two pieces of work would ultimately be required. The Department will keep you up to date in this regard.”

It is assumed that the Minister referred to Section 21 of the Environment Conservation Act, 73 of 1989 which provides for identification of activities which, in the opinion of the Minister, may have a substantial detrimental effect on the environment, whether in general or in respect of certain areas. It is of utmost importance that these activities be identified as soon as possible in order for a proper process to be followed.

For purposes of this paper, the following broad definition was used as the basis of the discussion:

Any recreational activities in which four wheel drive or other vehicles are being used that may have a substantial and/or lasting detrimental effect on the environment.


SELF REGULATION

The majority of drivers of four wheel drive vehicles do not belong to a club or do trails with a club. There are also various club members who do trails and travel on their own without the knowledge of the club/s that they belong to.

Self-regulation by clubs will therefore never fulfill the objective of adequately censuring drivers of four wheel drive vehicles who behave in a manner that will have a detrimental impact on the environment. Other problems foreseen with this approach are the following:

1. Most clubs, including the LCCSA, were formed for a purpose totally distinct from forcing their members to comply with certain rules and codes and do not have the machinery to enforce such compliance.
2. In order for a club like the LCCSA to be able to fully self regulate, it will, inter alia, have to compile a database with the identity and contact particulars of each member, develop a reporting and disciplinary procedure and empower certain of its members to impose punishment to transgressors. Most clubs, including the LCCSA, simply do not have the infrastructure, manpower or funds available for this task.
3. A member whose membership has been suspended or terminated due to activities with a detrimental effect on the environment can continue to act in the same way after such suspension or termination. In other words, expulsion or suspension from a club will not necessarily act as a deterrent.

For the abovementioned reasons, self-regulation by clubs should be limited to education of members regarding the principles applicable to causing minimal impact to the environment when driving a four-wheel drive vehicle off-road and to exerting peer-pressure on members when they transgress those principles. The LCCSA has, for the purpose of educating its members, adopted the principles of the international non-profit organization Tread Lightly! (www.treadlightly.org). These principles, duly adapted for South African conditions and the LCCSA’s objectives, are more fully set out later.

For purposes of education and training, the LCCSA supports the introduction of a competency certificate for the drivers of all four-wheel drive vehicles who drive off-road on private and public property. The standard for such a competency certificate should be the 4x4 Driver Training Unit Standard as published on the forum of the NOW.

The problems associated with self-regulation of clubs should not be a bar to expecting trail owners to self-regulate. In this respect it is, in almost all circumstances, only the trail owner or a person appointed by the trail owner who can monitor and report transgressions. These transgressions should be reported to the National Regulatory Body as proposed later.


NATIONAL REGULATORY BODY

The LCCSA proposes a system based on education, training, a code of conduct and responsibility with a minimum of government intervention. We are of the opinion that current legislation is adequate to control the impact of four wheel drive and other vehicles on the environment. A National Regulatory Body should therefore be seen as a last resort and only as an alternative to existing measures.

The National Regulatory Body should be a partnership between government and private enterprise. Its establishment, management, functions and powers can be legislated. It should be a non-profit organisation and should be fully funded by government.

The Body should be tasked with the management and issuing of the competency certificates proposed above, to investigate complaints made to them regarding the conduct of trail owners and drivers of four-wheel drive and other vehicles and to institute disciplinary proceedings against offenders.

As far as the functions of the Body are concerned, the following guidelines are proposed:

1. The potential types of terrain and roads should be identified and properly defined:
1. Public Roads;
2. Roads and trails on private property;
3. Tracks across public property not designated a public road;
4. Recreational areas of a non-environmentally sensitive nature;
5. Restricted areas accessible to bona fide scientists engaged in ongoing environmental research.
2. The activities on public roads are already well-regulated by, inter alia, the Road Accident Fund Act, 56 of 1996, and nothing further needs to be stated in this regard.
3. The Body should only have jurisdiction over complaints in relation to unacceptable behaviour on terrain and roads falling under the definition of points b – e above.
4. ‘Unacceptable behaviour’ should, subject to what has been set out under the heading “Initial Concerns”, be seen as ‘any recreational activities in which four wheel drive or other vehicles are being used that may have a substantial and/or lasting detrimental effect on the environment’, and/or any activities that do not comply with the principles of Tread Lightly as set out hereunder.
5. Once a complaint is made, the Body should investigate it and obtain statements from all potential witnesses, including the alleged offender.
6. The Body should determine whether the complaint can be disposed of within the confines of already existing legislation or not. If so, the matter should be referred to the relevant Department for further investigation and prosecution. If not, the Body should handle the matter itself.
7. The Body should have the power to institute disciplinary proceedings against alleged offenders, and the normal rules of natural justice will prevail at such hearings. An alleged offender will be entitled to legal representation at his or her own expense at a hearing. The Body should be responsible for its own processes and to ensure the attendance of witnesses and alleged offenders at such hearings.
8. For purposes of identifying alleged offenders, the Body should have access to the national traffic database and the registered owner of a vehicle should be deemed to have been the driver thereof unless proven otherwise.
9. Depending on the seriousness of the offence, the Body should be able to impose the following penalties:
1. A warning;
2. A fine;
3. Suspension of a competency certificate;
4. Endorsement of a competency certificate;
5. Withdrawal of a competency certificate
6. A suspension of any of the above on such conditions as the Body may deem fit.
10. The Body should consist of representatives of both the four wheel drive community (“the private sector”) and officials from the Department of Environmental Affairs, but there should always be a majority of one drawn from the private sector on the Body. The chairperson of the Body should always be a member from the private sector.
11. The members from the private sector should be duly elected through an organization such as NOW, and the officials should be appointed by the relevant Minister.

PRINCIPLES OF TREAD LIGHTLY ADOPTED BY LCCSA

Code of Conduct

1. Leave any area in a better state than what it was found in.
2. Obtain and follow any local rules and regulations.
3. Stick to designated areas and designated routes only.
4. Respect local tradition, heritage and customs.
5. Protect our fauna and flora.
6. Adopt minimal impact driving habits.
7. Plan, maintain and prepare.
8. Enjoy our recreation and respect the rights of others.
9. Promote off-road recreational driving as a legitimate and responsible
   activity by example.

RULES, REGULATIONS & GUIDELINES

Prohibited Activities

1. Local Regulations shall override any prohibition or allowance contained in these regulations and guidelines. In this regard, local regulations shall include not only the laws of the country but also the local rules of any authority or land owner such as those typically governing the right of use of a property.
2. It is the responsibility and duty of members to acquaint themselves in advance with any local rules & regulations that may direct their activities.
3. Members shall enter areas officially designated for recreational vehicles only. When in doubt, permission shall first be sought from the appropriate agency or land owner – the presumption shall always be that an area is not designated for recreational areas.
4. Members shall traverse designated routes only. In this regard a designated route shall be any route that is:
1. a public road.
2. a road on private property or public property that is not specifically marked as being prohibited.
5. Members shall, unless dictated by emergency, specifically refrain from any of the following activities, even if not specifically barred by local regulations:
1. pursuit or harassment of wildlife in any way, shape or form;
2. driving at a speed greater than is reasonable and prudent under prevailing conditions – speed shall be controlled so as may be necessary to avoid colliding with others who are complying with this principle and to avoid colliding with obstacles whether man-made or natural;
3. entering, by vehicle or on foot, sensitive ecologies such as wetlands. The same rule as applies to vehicular access to official tracks also applies to persons on foot;
4. abuse of alcohol or drugs by any vehicle driver;
5. undertaking or permitting others to undertake activities that would be reckless or illegal on public roads;
6. displaying a lack of respect for the cultures, heritage and traditions of the areas through which members travel;
7. knowingly operate a vehicle that leaks harmful substances into the environment or causes harmful
8. substances to be spilt through non-vehicular activities;
   and
9. bringing into disrepute the good name of the Club or the image of recreational off-road users in general.

Leave Only Tracks

The following guidelines were developed to assist members in traversing an area whilst leaving the least possible trace of having been there, but it should not be seen as an exhaustive list.

1. Detour from formal tracks only to pass immovable obstacles, so as to ensure that new tracks are not unnecessarily created. It is not acceptable to create a new detour because of an inability to navigate a specific obstacle on a chosen track (e.g extra mud after rain); in this case it is the member’s responsibility to rather back-track.
2. Observe proper sanitary waste disposal by burying sanitary waste 15-20 cm deep and at least 50 meters from trails, campsites, and water resources. All other waste should be taken with you, the principle being that you take out what you brought in. The guiding principle is to leave an area in a better condition than it was before your arrival, even if it involves removing litter left by others.
3. Unnecessary speed causes tremendous environmental damage, and poor planning often necessitates unnecessary speed. A general guide is to travel at no more than 20 km per hour. A maximum speed of 40 km/h is recommended on all unpaved non-public roads.
4. Camp at an existing or designated campsite whenever possible. Camp away from stream banks and lakeshores and leave campsites cleaner than they were found. If situations force an unplanned overnight stay in an area not designated for camping, all signs of camping should be eradicated and human waste must be brought out. Generally practice minimum impact camping.
5. Whereas the impact of tracks & human habitation disappear quickly, chemical contamination may last decades. Members are required to ensure that their vehicles are mechanically sound and do not leak or otherwise cause environmental damage.
6. Ecologies are highly sensitive to imbalances brought about by external factors other than the obvious man-made intrusions. Members must ensure that they introduce no alien fauna & flora into an area and take reasonable steps to avoid any such contamination.
7. Never feed wildlife whether on foot or from a vehicle.
8. Do not remove any items, and this includes not only fauna & flora (dead or alive), but also rocks, minerals and heritage items. Leave no markings (graffiti) of any kind.
9. Techniques employed while off-road can make a material difference to the overall impact on our environment. Members are encouraged to undergo training and to follow the techniques recommended in this document.
10. Where a member has inadvertently caused damage to an area and it is safe to do so, members are expected to repair the area as best as they possibly can to its original state.
11. Other than in areas specifically designated or designed to test vehicle and driver capabilities over obstacles, members are required to follow the techniques aimed at minimising environmental impact as not doing so will be regarded as bringing the good name of the Club into disrepute. Trail and obstacles techniques should not be practiced in areas not designated or designed for that purpose.

Safe and Responsible Driving

1. Members should carry with them at all times such equipment as is necessary to extricate their vehicle or a fellow traveler and to overcome human-induced risks. The recommended minimum equipment to be carried per vehicle includes:
1. a dry powder fire extinguisher of at least 1kg capacity;
2. a tow strap or tow rope rated to twice the gross vehicle weight, at least one per party of vehicles;
3. all vehicles should at least have one proper recovery point at the front and the rear of the vehicle;
4. all vehicles should carry at least one spare tyre; and
5. all vehicles should carry at least one medical emergency kit.
2. In all cases, members shall yield to pedestrians, cyclists, wild animals and livestock. When encountering oncoming traffic within a single-lane obstacle, the vehicle traveling uphill shall have right of way unless safety and common sense dictates otherwise.
3. Personal safety in a remote and potentially rugged environment is of the utmost importance:
1. Common sense prevails over all else. Members should avoid extended routes in isolated areas as a single vehicle unless equipped with a satellite telephone.
2. Members should at all cost avoid traveling after sunset as this increases the risk of especially pedestrian, wildlife or livestock accidents.
3. Members should not permit travel by unsecured passengers on the rear of open vehicles or on any roof of a vehicle. Within reason, passengers should be secured by way of conventional seatbelts whilst a vehicle is moving.
4. Plan realistically and stick to your planning. Always tell someone where you are going and your expected time of return.
5. Travel with a group of two or more vehicles, as riding solo can leave you vulnerable if you have an accident or breakdown. Designate meeting areas in case of separation.
6. Obtain a map of your destination and determine which areas are open to 4x4 vehicles. If possible carry GPS and radio communications equipment.
7. Plan and Prepare!

Off-Road Technique

1. Members are encouraged to undergo training & certification, and to maintain such training.
2. Many techniques owe as much to safety as they do to limiting damage to the environment (and to vehicles):
1. Know your vehicle’s limitations. When in doubt, backtrack.
2. Understand all your vehicle’s controls and how to operate them.
3. For your safety, travel straight up or down hills. Don’t traverse the face of a hill; you may slip sideways or roll your vehicle.
4. Cross large rocks and other obstacles slowly, at an angle, one wheel at a time.
5. When possible avoid mud. In soft terrain, go easy on the throttle to avoid wheel spin which can cause rutting.
6. Cross ditches slowly at a 45-degree angle.
7. Straddle ruts, gullies and washouts even if they are wider than your vehicle.
8. Cross streams only at designated fording points, or where the road crosses the stream.
9. Don’t turn around on narrow roads, steep terrain, or unstable ground. Reverse until you find a safe place to turn around.
10. Stop frequently and reconnoiter ahead on foot.
11. Go easy on the throttle and avoid riding the brake or clutch.
12. To help with traction, balance your load and lower tire pressure.
13. Know where the differential or lowest point on the vehicle is.
14. Choose the appropriate winch for your vehicle size. Attach towing cable, tree strap or chain as low as possible to the object being winched. Let the winch do the work; never drive the winch.
15. Maintain a reasonable distance between vehicles.
16. Ride in the middle of trails to minimize widening of the trails. Avoid slipping and wheel spin which lead to erosion.

Off-Road Etiquette

This section deals primarily with codes of good conduct, and not actual rules that carry penalties in the conventional sense. These are guidelines developed in order to ensure the enjoyment of our recreational activities by all concerned:

1. Respect the land rights of others at all times. Obtain permission first and when in doubt, presume it is not permitted.
2. Rather leave pets at home unless the intended location specifically welcomes pets.
3. Avoid loud music or excessive noise.
4. Slow down to reduce the impact of vehicle dust on pedestrians and when passing settlements or other vehicles parked next to road.
5. Leave gates as found, unless a sign dictates otherwise.
6. Report any conditions that warrant attention to the relevant land owner or authority.