- First Name
- Mark
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- Aug 31, 2021
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- 2022 BS BL, 2024 2dr Bronco Heritage Edition Limited
This might be true following the SCOTUS Chevron ruling, but it would almost certainly cost more than simply paying the ticket. Prior to the Chevron ruling, there would be almost no chance of beating a ticket like this. Mainly because of the deference given to Federal government agencies to interpret their own rules. This is one of the big benefits of the Chevron ruling; rules made by federal bureaucracies must now pass judicial scrutiny if disputed.As I mentioned in the other thread started on this topic, a savvy lawyer can be all over this.
If they can get a murderer off, they can certainly beat this ticket.
Exactly.Sure, I get it. But to potentially take someone's vehicle over this (I'm assuming that's what is meant by "collateral forfeiture")? That's a bit much, so is jail time. A fine makes sense, as well as making the owner pay any costs associated with the resources used to respond/rescue/retrieve.
My question is, how does the NPS determine what kind of system a vehicle has to accurately enforce this? Do the rangers carry a list with them to reference? Plus there are some systems labeled as 4x4 which are basically AWD...for example Jeep's Quadra-Trac I system. You don't get a 2-speed transfer case and lockers until you have Quadra-Trac II. Are they going to cite someone driving a Jeep Grand Cherokee Laredo with QTI, but let higher trim Jeep Grand Cherokee drivers with QTII go? Likewise, there are AWD systems that have "simulated" lockers and are way more capable than their AWD designation would seem to indicate.
This whole policy by the NPS seems nearly impossible to enforce.
I agree with you and I don't think the NPS is going to be actively policing vehicles in these areas. I think what will happen is if someone gets themselves in trouble being somewhere they shouldn't be then the NPS has some way of recourse and can fine these people. They really are protecting the idiots from themselves by putting a little fear into them.I live in southwestern Utah. The problem as I see it is when these AWD vehicles get stuck, people behind them on the trail get stuck too. Most times there is no way to get around them or to turn around. I also know a good driver can get some of these vehicles through but the average person who thinks he has "4WD" AWD without a low range transfer case most of the time gets stuck. Personally I think they are tired of rescuing people who shouldn't be there with their vehicle. I live in in a huge off roading area and 5 National Parks. In my county we only have one BLM ranger covering a gigantic area. They can't be everywhere and more and more people are getting hurt and don't have the skills to do what they are doing or to SELF RESCUE. They see car commercials and u tube videos and want to try.
Good points. I agree it will give them pause!I agree with you and I don't think the NPS is going to be actively policing vehicles in these areas. I think what will happen is if someone gets themselves in trouble being somewhere they shouldn't be then the NPS has some way of recourse and can fine these people. They really are protecting the idiots from themselves by putting a little fear into them.
LOL Nobody likes a cheater .
Excellent post. You nailed it. Those 4X4 rules are there for a reason.I live in southwestern Utah. The problem as I see it is when these AWD vehicles get stuck, people behind them on the trail get stuck too. Most times there is no way to get around them or to turn around. I also know a good driver can get some of these vehicles through but the average person who thinks he has "4WD" AWD without a low range transfer case most of the time gets stuck. Personally I think they are tired of rescuing people who shouldn't be there with their vehicle. I live in in a huge off roading area and 5 National Parks. In my county we only have one BLM ranger covering a gigantic area. They can't be everywhere and more and more people are getting hurt and don't have the skills to do what they are doing or to SELF RESCUE. They see car commercials and u tube videos and want to try.
You have a Badlands with psuedo 4 wheel drive. Shouldnt be a prpblem.