Motorized Access Questions?

[CAMPMEAT]

I have been doing a huge amount of research on the use of ATV's on USFS roads. Here is something to think about.

Here's the scenario: A person is riding an ATV that is licensed as "street legal" in WA ST. and also has an ORV tab. They are riding it on a dirt FS road in the Okanagon/Wenatchee National Forest that is open to cars & motorcycles but supposedly not ATV's. The ticket would most likely be issued by a FS LEO or Sherriff. I have been told by a FS LEO it would be a $125 infraction that will not show on a drivers record.

This is what my research has boiled down to;

36 CFR 212.56 (code of federal regulations)
 Requires the USFS to create a motor vehicle use map (MVUM) that designates which roads are open for travel for each class of motor vehicles.
Okanogan/Wenatchee National Forest (OWNF) has not completed/produced a MVUM.

261.50 - 261.54
Authorizes the FS to close roads to a particular class of vehicle by issuing a “Forest Order”
OWNF has not issued/posted such an order. (they had a small letter to the editor in local newspaper which I do not believe is legal according to the wording in the CFR) 

The facts are:
1.   A  MVUM has not been provided.
2.   No “Forest Order” has been issued to prohibit ATV travel on OWNF roads.
3.   There is no CFR that clearly prohibits ATV use on FS roads.  (I even have a quote of this from the  OWNF forest supervisor Mike Balboni)
 
Until a MVUM is provided, or an official order is posted, the OWNF has no legal means of prohibiting an ATV from being operated on an OWNF road.
They cannot write an infraction of the law, when there is no law to back it.....Right? 

I have read countless CFR's & RCW's that pertain to this matter, here's another:

36 CFR§ 261.13 Motor vehicle use.
After National Forest System roads, National Forest System trails, and areas on National Forest System lands have been designated pursuant to 36 CFR 212.51 on an administrative unit or a Ranger District of the National Forest System, and these designations have been identified on a motor vehicle use map, it is prohibited to possess or operate a motor vehicle on National Forest System lands in that administrative unit or Ranger District other than in accordance with those designations

What am I missing? Does the FS have the power to make laws as they see fit? Or do they have to follow the CFR's?

Nice job. Thank you..................

[CAMPMEAT]

I have been doing a huge amount of research on the use of ATV's on USFS roads. Here is something to think about.

Here's the scenario: A person is riding an ATV that is licensed as "street legal" in WA ST. and also has an ORV tab. They are riding it on a dirt FS road in the Okanagon/Wenatchee National Forest that is open to cars & motorcycles but supposedly not ATV's. The ticket would most likely be issued by a FS LEO or Sherriff. I have been told by a FS LEO it would be a $125 infraction that will not show on a drivers record.

This is what my research has boiled down to;

36 CFR 212.56 (code of federal regulations)
 Requires the USFS to create a motor vehicle use map (MVUM) that designates which roads are open for travel for each class of motor vehicles.
Okanogan/Wenatchee National Forest (OWNF) has not completed/produced a MVUM.

261.50 - 261.54
Authorizes the FS to close roads to a particular class of vehicle by issuing a “Forest Order”
OWNF has not issued/posted such an order. (they had a small letter to the editor in local newspaper which I do not believe is legal according to the wording in the CFR) 

The facts are:
1.   A  MVUM has not been provided.
2.   No “Forest Order” has been issued to prohibit ATV travel on OWNF roads.
3.   There is no CFR that clearly prohibits ATV use on FS roads.  (I even have a quote of this from the  OWNF forest supervisor Mike Balboni)
 
Until a MVUM is provided, or an official order is posted, the OWNF has no legal means of prohibiting an ATV from being operated on an OWNF road.
They cannot write an infraction of the law, when there is no law to back it.....Right? 

I have read countless CFR's & RCW's that pertain to this matter, here's another:

36 CFR§ 261.13 Motor vehicle use.
After National Forest System roads, National Forest System trails, and areas on National Forest System lands have been designated pursuant to 36 CFR 212.51 on an administrative unit or a Ranger District of the National Forest System, and these designations have been identified on a motor vehicle use map, it is prohibited to possess or operate a motor vehicle on National Forest System lands in that administrative unit or Ranger District other than in accordance with those designations

What am I missing? Does the FS have the power to make laws as they see fit? Or do they have to follow the CFR's?

I guess there's an article in the Spokesman Review about ATV's and none of Nock Nocks info was mentioned....imagine that.

[Elkaholic daWg]

If the forest service maintained the roads like the old days, I wouldn't have a problem driving my truck on them, I would rather ride my atv then beat my pickup to death. I think there is a place for everybody, split it up as fair as it can be split, After all the f.s. motto has been "wise multipule use"

While being the "Land of many  uses"