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permitted wilderness uses

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Question:

 The complete text of the Wilderness Act of 1964, is on the Forest Service site at: http://www.fs.fed.us/htnf/wildact.htm  Look for the section on "prohibition of certain uses".  You will find the statement ", no other form of mechanical transport,".  Then you need to find the Forest Service Regulations to see how that part of the Law was interpreted. The Mt. Jefferson Wilderness says this:  BIKES/WHEELS: All wheeled mechanisms (except wheelchairs) including bicycles, wagons, carts, and wheelbarrows are prohibited. 36CFR261.57h, 261.16b.  The Three Sisters Wilderness regs say exactly the same.  I could not find anything specific to the Waldo Lake Wilderness, but I’ll bet they have the same regulation. Terry

Snip >However, the rangers >all gave different answers regarding the transportation of bikes through >wilderness areas. >I don’t really care one way or the other which is the correct answer >(especially since I already rode the 20 miles).  However, for future >reference, I would like to know so that I don’t get ticketed by a back >country ranger with his own interpretation of the rules.

Actually I do not know.  But I would suspect you will get the same results from three different attorneys.  Not because they are dim wits.  But because, if you got a copy of the law and read it, you would find out that it is written so vague that know one really knows for sure. This is because laws are written for attorneys for the purpose of creating "Legal Opportunities" for their non-legislating members.  IE: It is written so the courts have to interpret it.  Making work, and money, for all involved.  Except for you, as you will be paying the bill. :) If you do get a copy of the law and read it.  Please let me know how close this is to correct. Regards David Ronk

Response:

This past weekend I was camping near Waldo Lake in Oregon.  I went on a mountain biking trip and found myself far from camp.  After looking at my map, I determined that the only way I could get back to camp was either by re-tracing my steps (unacceptable) or continuing for another 20+ miles.  On the other hand, there was a 1 mile section through a wilderness area that would have cut things down. After riding the 20+ miles back to camp, I asked three different rangers about permitted wilderness area uses regarding bicycles.  I know that you cannot ride bikes through wilderness areas.  However, the rangers all gave different answers regarding the transportation of bikes through wilderness areas.  One said I could walk a bike, another said that I would have to carry the bike, and yet another said that I would have to take the wheels off and carry it (after initially saying that no part of the bike could enter a wilderness area in any manner whatsoever). I don’t really care one way or the other which is the correct answer (especially since I already rode the 20 miles).  However, for future reference, I would like to know so that I don’t get ticketed by a back country ranger with his own interpretation of the rules.  Any clues?  If you have any information, I would greatly appreciate it.  Statutory or regulatory citations would be appreciated since there apparently are plently of opinions about what the rules should be. Thanks. Jay

Response:

>After riding the 20+ miles back to camp, I asked three different rangers >about permitted wilderness area uses regarding bicycles.  I know that >you cannot ride bikes through wilderness areas.  However, the rangers >all gave different answers regarding the transportation of bikes through >wilderness areas. >I don’t really care one way or the other which is the correct answer >(especially since I already rode the 20 miles).  However, for future >reference, I would like to know so that I don’t get ticketed by a back >country ranger with his own interpretation of the rules.

Actually I do not know.  But I would suspect you will get the same results from three different attorneys.  Not because they are dim wits.  But because, if you got a copy of the law and read it, you would find out that it is written so vague that know one really knows for sure.   This is because laws are written for attorneys for the purpose of creating "Legal Oportunities" for thier non-legislating members.  IE: It is written so the courts have to interpret it.  Making work, and money, for all involved.  Execept for you, as you will be paying the bill. :) If you do get a copy of the law and read it.  Please let me know how close this is to correct. Regards David Ronk To reply via e-mail remove "not_" from address. PGP I/D: 1024/16DB7371     By US Code Title 47, Sec.227(a)(2)(B), a computer/modem/printer      meets the definition of a telephone fax machine. By Sec.227(b)      (1)(C), it is unlawful to send any unsolicited advertisement to      such equipment, punishable by action to recover actual monetary      loss, or $500, whichever is greater, for EACH violation.    Please do not send unsolicited commercial mail to my email account.

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