| 40 |
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What is the fine for shooting fireworks
at glamis?
It is a violation of 43 CFR, 8365.2-5(a) to discharge or
use firearms,
other weapons, or fireworks on developed recreation sites
and areas.
It is a violation of 43 CFR, 9212.1(b) to fire a tracer or
incendiary
device on public lands.
The bail for either of these citations is $ 100.00. However
you could be
fined up to $ 100,000.00 and /or sentenced up to a year in
jail.
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| 39 |
I was stopped by a ranger for driving
my golf cart on Gecko Road. My golf cart is street legal in
AZ - has an AZ plate and as well as insurance. Is it legal
in CA as well? CA recognizes AZ registration for cars, trucks,
and even ATVs but not golf carts? What about the ones that
are street legal inPalm Springs and registered with the CA
DMV?
Golf carts can only be driven on golf courses or on highways
(with resolution or ordinance) within one mile of a golf course
and then only on
highways with speed limits of 25 mph or less. These golf carts
are exempt from registration requirements. Golf carts operated
off road, away from the golf course environment, are required
to be registered,either in Calif. or your home state.
However, the rules and regulations concerning golf carts
are confusing. So far this is what I have learned:
Just because a vehicle is street legal in Arizona does not
necessarily make them street legal in California. I have been
told, by good sources, that even if a vehicle has a street
legal Calif. license plate, they are not necessarily street
legal.
A golf cart by definition (CVC) is, "a vehicle having
not less than three wheels in contact with the ground, having
an unladen weight less than 1,300 pounds, which is designed
to be and is operated at not more than 15 mph and designed
to carry golf equipment and not more than two persons including
the driver".
Anything that has seating for more than two people would
not be considered a golf cart, it may be considered a passenger
vehicle. The
definition of a passenger vehicle according to the CVC is,
"any motor vehicle, other than a motortruck, truck tractor,
or a bus, and used or
maintained for the transportation of persons". To be
a passenger vehicle in California, and to be street legal,
the vehicle would have all of the proper equipment applicable
to a car. There may also be other restrictions. To confuse
things even further, a golf cart falls under the
equipment laws regulating motorcycles, which means in addition
to all the safety equipment required for motorcycles, you
and your passenger would have to wear a helmet.
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| 38 |
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Is
burning a magnesium casing illegal?
Burning magnesium is a violation of 43 CFR 8365.1-1(b)(2),
"Dispose of flammable trash or garbage except by burning in
authorized fires, or disposal in designated places or receptacles";
or 43 CFR 9212.1(h), "perform any act restricted by a fire
prevention order".
Magnesium is considered a waste and burning it is a violation
of the fire prevention orders. In addition to the magnesium,
of which the engine block is made, there are residues from
the lubricants and fuels used in the operation of the engines.
The violation is a misdemeanor for which the BAIL amount is
$ 50.00, however a conviction could bring a FINE as high as
$ 100,000 with a JAIL TERM of up to one year in jail. Burning
magnesium, as I have been told by our HAZMAT specialist, is
also a violation of the Clean Air Act and the residue resulting
from the burning would be considered a hazardous materials
and prosecution could occur under laws governing hazardous
wastes.
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| 37 |
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For your Information...
Accident reports. California Vehicle Code:
Accident Report:
16000. (a) The driver of every motor vehicle who is in any manner
involved in an accident originating from the operation of a
motor vehicle on any street or highway or any reportable off-highway
accident defined in Section 16000.1 that has resulted in damage
to the property of any one person in excess of five hundred
($500) or in bodily injury or in the death of any person shall,
within 10 days after the accident, report the accident, either
personally or through an insurance agent, broker, or legal representative,
on a form approved by the department to the office of the department
at Sacramento, subject to the provisions of this chapter. The
driver shall identify on the form, by name and current residence
address, if available, any person involved in the accident complaining
of bodily injury.
Reportable Off-Highway Accident:
16000.1 (a)
For purposes of this division, a "reportable off-highway accident"
means an accident which includes all of the following:
(1) Occurs off the street or highway.
(2) Involves a vehicle that is subject to registration under
this code.
(3) Results in damages to the property of any one person in
excess of five hundred dollars ($500) or in bodily injury or
in the death of any person.
(b) A "reportable off-highway accident" does not include any
accident which occurs off-highway in which damage occurs only
to the property of the driver or owner of the motor vehicle
and no bodily injury or death of a person occurs.
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| 36 |
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Q. I have noticed that some vendors
stay in the same spot all season, and do not move their camp
for several weeks, and even months at a time. Why are
vendors not restricted to the same 14 day camping limit that
off roaders and campers are? Are vendors required to purchase
a camping pass also? Most vendors are off roaders themselves,
and do spend time riding in the dunes when not selling parts,
T-shirts, etc. Why can't I just set my truck and trailer near
the vendors, and get away with keeping the same spot all season
without having to pay for a pass?
A. Vendors must pay a daily fee, or a seasonal fee, depending
on the amount of
time they spend in the dunes vending. This is determined by
the vendor. They are not allowed to leave their equipment
parked on the pads. Before vendors can obtain a vending permit
from the BLM they have to secure all
the appropriate permits and paperwork from Imperial County and
buy insurance among other things.
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| 35 |
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Q. Can I shoot off fireworks ie:
rockets, without getting a citation?
A. The Code of Federal Regulations (specifically 43 CFR)
section 8365.2-5 states, "On developed recreation sites and
areas, unless otherwise authorized, no person shall: (a) discharge
or use firearms, other weapons, or fireworks". Also
in 43 CFR section 9212.1(h) which are fire prevention orders,
"the use or possession of fireworks, including "safe and sane"
is hereby prohibited on all public lands of the California Desert
District".
Fire prevention orders are effective
on a seasonal basis for the prevention of wild land fires such
as the ones now burning in much of the west. Many may think
there is nothing to burn in the desert, but we have had more
fires than usual this year out near the dunes.
We do allow rockets to be launched
from public lands, but that is done by a club which has authorization
and it is done in a specific location. Fireworks rockets are
not considered rockets but are fireworks. (sounds like
a NO to me - vjb)
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| 33
& 34 |
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Q. I am drinking non-alcoholic beer
on the seat of my quad. On the label it says "less than
.5% alcohol" - is this open container?
A. This would be the first person I've ever seen drinking
a non-alcoholic beer out in the dunes. No, it would not be considered
an open container, but how many of these "non-alcoholic" beers
would one have to drink to register on the Preliminary Alcohol
Sensing device?
So I responded: If normal beer is 3.2%, then 3.2 divided
by <.5% (let's just say .5%) = 6.4 "non-alcoholic" beers
to equal 1 regular beer. For a 180 lb person, he'd have to drink
12.8 of them in one hour on an empty stomach to by DUI (according
to the DMV insert we all receive in our registration notices).
Do I understand that correctly?
Walt responded: That sounds about right. Remember also that
it is unlawful for anyone under 21 years old to have a BAC of
.01% to drive a vehicle. For persons with commercial driver's
licenses driving commercial rigs it is a BAC of .04%.
(That looks like 1.6 NA beers per hour if you're under 21 and
4.3 for commercial if my math is correct - vjb)
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| 32 |
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Q.
My toy trailer has an outdoor shower system. Would shampooing
one's hair using this type of shower be considered dumping gray
water?
A. Technically in the strictest sense
of the term "gray water" it would, but we are mainly concerned
with the larger volume and higher concentrations of chemicals
in gray water that is dumped from tanks. There is always biodegradable
soap that can be used to wash with.
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| 31 |
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Q.
I live in Arizona. Can my 6 year old ride her go-kart at
the sand dunes, and does it require an OHV permit?
A.As long as she can reach the controls she
can drive the go cart, but she must be under the immediate supervision
of a parent or guardian. The go cart must be registered either
in Arizona or California (if it's not registered in Arizona).
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| 30 |
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Q.
I enjoy plinking (target shooting) with both rifle and shotgun,
I know I can't shoot in the dunes, but is there a place in the
area where I can legally discharge firearms, and if so where?
A. It's legal to shoot just about anyplace on public
land, even in the dunes. However, common sense and safety
dictate that the dunes are not a safe place to shoot. I would
recommend finding a safe location with a good backstop away
from the dunes to shoot. There are several gavel pits a couple
miles east of Glamis you could use as long as nobody is camping
in them or the gravel pit operators are not working in them.
Remember, no shooting of glass targets and all targets, brass,
clay pigeons and other trash must be picked up. 9 I saw
a great place this last trip - - head over to the canal, cross
over it and go into the old canal. It is basically a hole
in the ground. Great place to set up a target with a good
solid earth back stop - vjb)
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| 29 |
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Q.
I was told by someone that it is illegal to ride across
Gecko Road to
get to the other side. Can I be cited for crossing on my ATV?
A. No. State law does allow you to
cross any two-lane highway at a angle of approximately ninety
degrees. The following is an excerpt from the California Vehicle
Code, section 38025(a):
"On a two-lane highway, only to cross the highway at an angle
of approximately 90 degrees to the direction of the roadway
and at a place where a quick and safe crossing may be made,
etc., etc., etc.....
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| 28 |
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Q.
Do certain violations
hold priority over others? (i.e. A Ranger has stopped two young
girls for riding double. As he/she is speaking with the young
girls, a truck load of people drinking alcohol speeds by. Will
the ranger let the girls go and pursue the truck?)
A.
That's the Ranger's call depending on the situation. I would
think he would.
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| 27 |
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Q.
Flags on BLM Vehicles: If BLM is to In-force Flags on All
Vehicles in the Dunes, Why don't they have Flags mounted on
theirs? I understand they run the Highway and Flags can't take
the punishment, it doesn't take much to install a flag before
going into the dunes. (We had a close call with a unit going
to Oldsmobile Hill one morning while going over the Whoops,
DE Doe's) Bob.
A.
All BLM vehicles are supposed to have flags on them. There
are no
exceptions. I will look into this.
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| 26 |
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Q.
Would you feel it would benefit the Dunes to have the California
Highway Patrol to show up on the busy weekends (Thanksgiving...etc.)
and crack down on the unlawfulness that is giving us, responsible
duners a bad name?
A. Yes
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| 25 |
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Q.
I pull over to the side of
the road in my car and consume an alcoholic beverage in the
driver's seat.
1) Is that open container since the vehicle is not in motion?
2) How is a dune buggy or quad any different?
A. Yes, that is considered an open
container since you are sitting in the vehicle. The vehicle
does not have to be in motion or even running for that matter.
Dune buggies or quads are no different.
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| 24 |
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Q.
Will the BLM be stopping people to make sure that they have
paid on the way out this week end? If this is planned, I will
not be camping on the road, even though I have already paid,
I just don't wish to wait in a long line when I have a five
hour drive ahead.
A.
(Answered by Neil Hamada) If we announced when we're going
to the fee compliance check points (going in or out of the
Dunes) we wouldn't be very successful. We do them randomly
and unannounced.
I know most people believe that we were the reason for the
traffic jam on Gecko Rd. over Thanksgiving. Actually, the
backup on Gecko Rd. was due to the stop sign to enter highway
78, this has happened previous to the fee program. We try
to keep traffic moving as fast as possible, so we had a Ranger
at the intersection waiving people past the stop sign when
the traffic was clear. Even with him there, the traffic on
78 was busy enough to cause the back up.
When we do traffic stops on Gecko, like on Thanksgiving, we
put up cones to delineate two exit (northbound) lanes. One
lane is for those who have already purchased a pass and the
other is for people who havn't. We waive the people through
who have already have the pass so they don't have to wait
for the others to get out of their vehicle and get one.
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| 23 |
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Q.
I heard the fine for no permit is over $300.00 is that true?
A. The
BAIL for being cited for not having a permit is
$50.00 if you get a federal citation. A conviction in
Federal Court could bring a FINE
of up to $100,000.00 and/or up to a year in jail.
The FINE for being cited
with a state citation is around $ 100.00 I believe.
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| 22 |
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Q.
I have both, a four wheeled ATV, and a two wheeled motorcycle.
I consider myself to be a very good rider because of my experience.
It is a lot easier and safer to ride double on the quad because
of it's stability, (four wheels?) than it is to ride double
on the bike that is considerably less stable, especially in
sand. Why is it legal on the bike, but not on the quad?
A.
The law is a California law and is found in the 38000
section of the California Vehicle Code. The helmet and passenger
sections of the vehicle code apply only to All Terrain Vehicles,
as defined by the vehicle code. A motorcycle is not an ATV
by definition. You don't see many motorcycle riders carrying
passengers or riding without helmets. (You have to have passenger
pegs and a motorcycle license to carry a passenger on a street
bike. And it has to be licensed for the street-ed)
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| 21 |
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Q.
My
flag mounting tab on my ATV broke off.
I can not fix it till I get home to a welder.
I still have a day left of riding.
Would I be cited?
A.
Yes, you can be cited.
Flags are required for safety reasons.
If you ride in Glamis there are usually several venders
who repair vehicles and have welding equipment on site.
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| 20 |
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Q.
I'm
from Ontario, Canada. Do I have to get any special registration
for riding on the dunes?
A.
Yes, the same regulations
apply to everybody.
Those regulations are: if your vehicle is legally registered
(for on road use or off road use) in your home state, or country,
it does not need to be re-registered in California.
However, if your vehicle is not registered in your
home state, or country, California requires you to register
it here. Some
states do not require off road vehicles to be registered.
Those vehicles need to be registered in California.
Out of state vehicles can be registered simply with
the out of state registration sticker purchased at some cycle
shops and other stores.
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| 19 |
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Q.
What are the rules
regarding "saving space" and, leaving RV's and trailers unattended
for days to do so?
A.
Saving space is prohibited.
Vehicles left unattended will be cited, towed and stored at
the owner's expense. The federal bail amount for the citation
is only $ 25.00, but it's the towing and storage that get
expensive. I don't know how much companies charge for towing
and storing motor homes, but they would be towed to the Brawley/El
Centro area. As far as who tows them and where they are stored
is unknown to us until it's done. Tow companies work on a
rotational basis and we work from the same pool used by other
law enforcement agencies in the county.
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| 18 |
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Q.
What kind of Jurisdiction
do the Rangers have while in the dunes as well as outside of
the dunes?
A.
In the dunes as well
as outside the dunes many Rangers have dual authority,
that is, state peace officer authority as well as federal
authority. Some of the visiting officers from other areas
do not. (I take this to mean that, for example, the
Imperial County Sheriff will enforce laws at the state level,
using the state judicial system. - Ed.)
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| 17 |
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Q.
What
are the LE officers looking for the most? What are the zero
tolerance violations?
A.
Zero tolerance means everyone who is in violation is cited.
We look for offenses against persons, alcohol related offenses,
safety offenses, and vehicle code violations among others.
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| 16 |
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Q.
We pulled into a filthy
camp with litter all around. We plan to pick it up later. How
does the ranger know it wasn't us?
A.
He doesn't know it wasn't you. You are still responsible for
maintaining a clean camp.
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| 15 |
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Q.
I
have a class C motor home and when I put the security cover
on over the windshield, the mirror hanger can't be seen - what
do I do now?
A.
Is there another window you can hang it in?
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| 14 |
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Q.
I sent in my fee receipt
and haven't received the mirror hanger in the mail yet - how
do I prove I've paid my fees?
A.
The fee receipt has
a top and bottom. You must send in the top portion to get
the mirror hanger. You keep the bottom portion to prove you
paid your fee. If you send in the bottom you will not get
a mirror hanger.
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| 13 |
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Q.
The fee machine where
we camped is broken; do we have to go find another one?
A.
You should find another
one.
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| 12 |
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Q.
Glass
containers are forbidden: what about the mustard, mayonnaise
or pickles in a jar? If I can have those in camp, why not a
beer or soda in a glass container at camp?
A.
Any glass container is forbidden including food jars. Before
you leave home put the food you will need into plastic containers.
UPDATE:
9/16/00 The above answer is incorrect.
The rule only applies only to any glass,
cup or bottle, empty or not, used for carrying any liquid
for drinking purposes. Sorry for the confusion...
Walt
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| 11 |
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Q.
I take glass bottles
in the dunes and bring them all back - will I be cited for glass
containers?
A.
Yes. The reason the
law was written was because too many are left behind and get
broken. As you are aware, broken glass cuts tires, and flesh
if you were to fall or step on it. You still need to dispose
of them properly if you bring them into the dunes.
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| 10 |
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Q.
We camp on the other
side of the canal or tracks - do we still have to pay fees?
A.
If you camp west of the canal or east of the tracks you do
not have to pay fees, however if you spend more than thirty
minutes in the dunes with your primary vehicle you are subject
to fees. Also, if you camp in those areas, you are camping
in a limited use area and travel is restricted to existing
roads and trails.
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| 9 |
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Q.
My gray water tanks
are full and I have 3 more days to go. What is the difference
if I wash my dishes and shower outside or run it through my
tanks first? Why can't I dump gray water - we know it's against
the law, but, does it really hurt anything?
A.
I'm not a scientist, but environmentally its not a good idea.
I think the regulation has more to do with volume than anything
else.
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| 8 |
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Q.
I
broke my whip out in the dunes. I'm broke and have no money
to go to the store and buy another one - what can I do?
A.
Park your vehicle, find some $$$$ to get another flag, or
face getting a citation.
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| 7 |
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Q.
We're riding double
back to camp to get some tools to fix a bike that is broken
down - will we be cited for riding double? What about the ride
back out into the dunes?
A.
Riding double is illegal
according to the California Vehicle Code, I would suggest
you find another way back to your camp.
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| 6 |
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Q.
I
just rolled my quad. Is that probable cause to investigate for
DUI?
A.
Any accident is probable cause for investigating for DUI.
I would like to point out that being involved in an accident
while under the influence and injuring someone is considered
a felony.
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| 5 |
|
Q.
I have empties in
my ice chest. Is that open container?
A.
We are assuming that the ice chest is on the back of the vehicle.
Technically yes, especially if the officer believes you are
exhibiting signs of being under the influence. I would suggest
you crush all your containers when they are empty and before
you begin riding again.
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| 4 |
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Q.
I'm
sitting on the seat of my quad, rail, whatever, having a beer.
Is that open container?
A.
Yes, that is considered in the vehicle.
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| 3 |
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Q.
I'm
at a beer stop, sitting on my tire having a beer. Is that open
container?
A. No,
however too many beer stops could put you at risk for being
stopped for being under the influence
|
| 2 |
|
Q.
At
this same beer stop, we're all having a cold one. Do we have
to worry that a LE person is going to come up and give us
an FST (field sobriety test)?
A.
No, FSTs are only given to persons suspected to be driving
under the influence.
|
| 1 |
|
Q.
If I take empties
I find here and there out of the dunes, am I in danger of an
open container violation?
A. No,
unless you exhibit signs of being under the influence.
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