Some time back, I was spending time with a friend swapping off-road stories. He told me about his attempt to access a small Montana lake that he had recently learned of. However, when he described his route, I quickly realized he was intending to go via an old mining road he had seen. One little issue. That old mining road is now a non-motorized trail (aka; Walk-in only). He said it was perfectly OK because no signs were saying that particular road was closed. ~~ Well, that worked out nicely. I have been looking for a new subject to post on and here is it. That was convenient.
Motorized Access To Roads and Trails On Public Lands: Things I Hear People Say...
"If there isn't a sign saying it is closed, the road is open."
I hear this one A LOT. It just does not work that way. The Forest Rules (regulations), which have the force of law, and the law itself, do not have an actual requirement for agencies to place signs indicating allowable use and/or access. To make it a little more confusing, in this area when they do post signs, the BLM tends to post which trails, on their lands, are open and the Forest Service seems to prefer to post the trails that are closed. This is a small, but significant difference. Even when they do post signs, many are destroyed by people who falsely believe that the lack of a sign will prevent a law enforcement officer from issuing a ticket. Well...not so much.
The law is prepared for this. Essentially, the law states that YOU are responsible to learn what roads you are allowed to use, how you can use them, and when you can use them. Signs are helpful to have, but the lack of a sign does not legally mean anything. What you need is the appropriate forest map and to take a few minutes before and during your trip to consult it. More on maps later.
"The trail was clearly made for full-sized vehicles, so it is legal to drive one there."
That is not how this works. It's not how any of this works. In this area, many walking, horseback riding, snowmobile, and ATV trails were once roads for full-sized vehicles. Additionally, seeing someone else traveling on a road does not make it legal for you to be there. That excuse will not impress an officer or a judge. The other person may have been authorized to be there, such as in logging or administrative operations.
"It shows the road (or trail) on my GPS, so it is a legal trail."
This one is gaining popularity as GPS technology has become more widespread. GPS maps and most non-government forest maps show what is there, not necessarily what is legal. If a road is visible on aerial or satellite photos or earlier maps, it will likely appear on current GPS or other topographic maps. Private roads also appear, but that does not make it right for you to trespass there either. Few maps show whether a road is private. However, MVUM and Forest Visitor maps do show which forest roads are closed, open, seasonally restricted, or vehicle type restricted. (Note: The Forest Service has recently started offering some GPS-enabled Motor Vehicle Use Maps, but they don't cover much of Montana yet.) And, of course, I have seen multiple GPS applications showing bad road/trail information. So try to keep that in mind too.
"My buddy has been going there for (place # of years here) and he has never received a ticket."
Not having been caught has nothing to do with something being lawful or not. I went about 10 years without seeing a single Forest Service or BLM officer in the forest. Then, I ran into the same one about eight times during a three- or four-month span. Officers are, admittedly, few and far between, so your odds of getting caught may be small, but they are out there, and even if they don't catch you, they can tell when people are accessing closed trails.
"Nobody ever really gets in trouble anyway."
Just because it is not on the evening news does not mean it does or does not happen. Yes, the vast majority of penalties are small. However, the penalties for violating these rules can still be hard to swallow. The regulation states: "It is prohibited to possess or operate a motor vehicle on National Forest System lands on the...National Forest other than in accordance with these [travel] designations (36 CFR 261.13). Violators of 36 CFR 261.13 are subject to a fine of up to $5,000, imprisonment for up to 6 months, or both (18 U.S.C. 3571(e)). This prohibition applies regardless of the presence of signs." Note that fines can double for organized groups. Face it, you don't want to be one of those who get caught.
"A Forest Service employee told me he thinks the trail should be open, so it is OK to use the trail."
Simply working for the Forest Service does NOT mean their opinion somehow trumps the law. It does not. Claiming that you somehow believe an employee's opinion trumps forest rules, the travel plan, and the laws is not a good look. I don't question the intelligence of someone making this claim, as I am sure they don't believe it. However, I certainly question their integrity.
How to stay legal: The Forest Service states, "It is the responsibility of the user to acquire the current Motor Vehicle User Map (MVUM). An MVUM shows the National Forest System roads, National Forest System trails, and the areas on National Forest System lands…that are designated for motor vehicle use pursuant to 36 CFR 212.51." These MVUM maps cover a smaller area or areas and are a little more precise than the Forest Visitor Maps. However, in many areas, an MVUM is not available yet. In that case, you should acquire a Forest Visitors map. MVUMs are free, and Forest Visitor hard copy maps are usually $14.00. Many maps are also available for download. These maps will indicate which roads are open, the authorized type of vehicle(s), and when they are open/closed, in the event of seasonal restrictions.
National Forest Service Maps Page: CLICK HERE
The real reason all this matters:
You may or may not care if you get a ticket, as I stated above, they are usually small. However, the real danger of traveling on closed roads is not so much about getting a ticket, but rather about losing our access. Those who don't care or lack sufficient knowledge to care are a danger to our access. Bumping into FS or BLM law enforcement is pretty uncommon in many areas. This makes people think they can get away with their transgressions scot-free. Remember, just because an officer did not witness the transgression does not mean they cannot testify that it occurred. Not getting a ticket may be nice, but if you are part of the reason more access is closed off, we ALL pay.
Now, I hope you have a better understanding of access. Take a little time to learn about the MVUM and the Forest Visitor Maps. They contain a good deal of information YOU need to keep you on the right road.
Wheel Safe!
Richard
