Official wording of the letter from Trailnet to the Department of Economic Affairs of the Canton of Bern:

Dear Government Councillor, Ladies and Gentlemen

The proposed amendment to Art. 22 para. 2 (and Art. 46 para. 1 letter b) of the KWaG does not improve the current situation in any respect for any of the parties involved. The justification for restricting cycling on forest roads lacks any factual basis. A law based on the proposed wording would create conflicts in the first place and lead to an uncontrollable situation. We are therefore not calling for a general restriction and are offering to use the influence of our organization among mountain bikers to improve the situation. We would also like to enter into negotiations to establish a representative body and contact person for the mountain biking community.

Initial situation
Mountain biking is one of the ten most popular sports among the Swiss population. According to official statistics, 60,000 people ride a mountain bike in the canton of Bern. This is mainly done on forest and similar unpaved trails, although the proportion of specially marked trails and pistes is relatively small despite their popularity. Considering that a third of the population is not active in sports, the proportion of mountain bikers among those who can be found in the forest is proportionally greater.

trailnet - The bike network representing mountain bikers
We represent individual athletes and mountain bikers in the canton of Bern. trailnet was formed from the merger of two associations that campaigned for the legalization of mountain bike facilities in Bern and Biel. The non-commercial association has existed in its current form for six years. The voluntary members form the supporting association and operate specific mountain bike infrastructures in Berne and Biel. The association also has its own projects in Basel and Solothurn. There is also a close network of contacts with organizations and groups with similar interests, in which trailnet takes on an advisory role. In national committees that deal with mountain biking, trailnet represents the needs of individual athletes.
This is the FsMTB (Fachgruppe sicher Mountainbiken), which includes the federal offices FEDRO and FOSPO as well as associations such as Seilbahnen Schweiz and Schweizer Wanderwege. Since 2007, trailnet has represented the interests of bikers in the development of the bfu guidelines for the realization of mountain bike facilities.

Politically, trailnet has launched various initiatives and has also successfully fought against restrictions imposed by bans. In doing so, trailnet has always taken a mediating position between individual athletes and the administration. The otherwise unaddressable mountain bikers become approachable through trailnet. In doing so, it is taking on a task that no association or similar body has performed to date.In the consultation on the KWaG, trailnet took the initiative and called for solution-oriented participation via new and traditional media. The otherwise reticent individual athletes responded in droves. This feedback will be submitted as a data CD at the end of the consultation period. The number of members increased by 10% during the campaign.We justify our position as follows
There is no basis for the reasons given for tightening the Forest Act that would legitimize such a drastic measure as a ban. There is no damage, nor are there any serious conflicts. A ban is therefore disproportionate and will not bring any improvement. Rather, it creates problems that did not exist before. In addition to criminalizing part of the population, a general ban makes it impossible to control the individual sport of mountain biking. However, we understand the concerns of landowners whose property is increasingly being used by others. And we offer ourselves for the joint development of control options. If more conflicts between the various recreational users in the forest were to arise in the future, we would prefer information and communication measures. We base this on the national goal of coexistence between different user groups. In addition to the joint position of the Swiss Hiking Trails, Switzerland Mobility, Swiss Cycling and the bfu, the thoroughly positive experiences with Graubündenbike, the "Forest Policy 2020" is also moving in the direction of careful recreational use. We are convinced that raising awareness of the need to protect the forest is achieved through considerate use, not through exclusion and bans. Conflicts are generally defused through contact and the resulting dialog. This requires the involvement of the mountain biker population group.Request, offer and discussion
We demand that the stricter wording of KWaG Article 22, Paragraph 2 be waived. Recreational use (mountain biking) in the forest should not be generally restricted. If recreational use (mountain biking) in the forest is to be restricted in particularly sensitive areas, this must take place within the framework of cantonal or regional planning procedures RGSK (Regional Overall Traffic and Settlement Concepts). Small-scale planning can take place on a subsidiary basis as part of the WEP (forest development plan). The responsible authorities (bicycle and non-motorized traffic departments) and the respective regional conferences/planning regions should be involved in the planning process. It is also requested that local mountain bike representatives (mountain bike clubs, etc.) can be involved in the planning process, as provided for in Articles 5 and 7 of the KWaG. trailnet recruits, mediates and advises these representatives until a professional point of contact can be created.

Offer
trailnet takes on part of the information task for the official bodies. With the communication channels available to individual athletes, we promote acceptance and self-regulation. A bike code of conduct exists and is being adapted. A specialist office is to be created for the permanent representation of mountain biking. For this purpose, trailnet is the
is in a good starting position for this, but the official side must provide structural and financial support.

Discussion
Easier approval for specific paths and slopes (facilities); for the special permit, construction outside the building zone, the location must be proven. It should be possible to prove this by the level of utilization pressure. A unit to be defined determines the degree of the decoupling measures, such as separate facilities. This allows the locally prevailing situation to be controlled accordingly.Waiver and cooperation
In view of the counter-arguments against the ban, we therefore ask you to refrain from revising Art. 22 para. 2 KWaG. The existing legal text should be retained, whereby we would welcome the separation of horse and bike. We are happy to accept the offers already made by KAWA for further joint development. We are confident that the process we have initiated will lead us in the right direction.We thank you for the opportunity to comment and for taking our considerations into account.Thank you for your openness and best regards

For trailnet - the bike network
Samuel Hubschmid
President of the association

Document with counter-arguments to the planned forest law:
www.trailnet.ch/files/PDF/Fakten_Gegenargumentation_KWaG_20100213.pdf