The National Park Service (NPS) has released proposed changes to its management policies that regulate off-highway vehicle (OHV) use within the park system.  The management policies serve as a virtual handbook for park superintendents and other park officials.  The NPS considered revising their policies after receiving criticism from Congressional Republicans who stated that NPS had shifted to far in favor of conservation, at the expense of public access.  The SAN has urged Federal agencies to not adopt “one-size-fits-all” land access policies and allow for increased involvement by state and local officials and the off-road community in the decision making process.

In regards to OHV access, the proposed language closely mirrors existing policies in stating “routes and areas may be designated for off-road motor vehicle use by special regulation within national recreation areas, national seashores, national lakeshores, and national preserves, and then only when determined to be an appropriate use. Consistent with the executive orders and the Organic Act, park managers must immediately close a designated off-road vehicle route whenever the use is causing or will cause unacceptable impacts.”  The SAN supports this proposal given its directive to allow individual park officials to use public input and available scientific date to resolve access issues.

Copies of the proposed changes can be downloaded on the NPS website at: http://parkplanning.nps.gov/projectHome.cfm?projectId=13746 .  The public comment period on the proposed changes runs through January 19, 2006.

Cell Phone Hands Free:

Law went into effect statewide on 7/1/04. Fine up to $250.00 Hands free device must be used while operating a motor vehicle! So hang up and drive!

Failure To Show Documents:

Starting on August 15th, 2004 the price of a ticket for violation of NJ Law 39:3 29 (failure to show your driver's license, registration, or insurance card at the time you are stopped) is going from $44.00 to $173.00. Please make sure your vehicles have the proper documents in them. If you jump in the car to run to the store and forget your wallet with your license in it and you are stopped....Oh well..., you just spent $173! And the fine for not having all three documents is $519!!!

U.S. Supreme Court to Review OHV Access to Wilderness Areas

The Supreme Court has agreed to review a decision by a federal appeals court that allows environmental groups to sue the federal government for failing to limit adequately off-highway vehicle (OHV) use within wilderness study areas. A number of OHV access groups challenged the ruling.

The main issue that the Court will consider is whether an agency can be sued over its day-to-day actions or inactions. For some, this is important to the public interest because only a formal rulemaking decision by an agency provides an opportunity for judicial review. On the other hand, opponents argue that the case would set a bad and dangerous precedent, opening the floodgates to lawsuits over daily policy decisions. In this case, OHV enthusiasts could see their access to trails denied while the lawyers argue over an agency's day-to- day decisions.

On another issue, the environmental community and OHV interests both oppose the U.S. Bureau of Land Management's (BLM) planned sale of oil and gas leases covering 16,000 acres in Utah. The reasons for opposition are different, though: removing land from wilderness protection versus denying access to OHVs. Each side has filed separate lawsuits to prevent the sale of the leases. The sale puts in motion the Bush Administration's decision to limit the amount of BLM land available for potential wilderness designation using a 1991 inventory rather than a larger 1996 inventory.

SEMA Fights Against Unreasonable Restrictions on Altered-Height Vehicles

On behalf of 4X4 enthusiasts, SEMA continues the fight against unreasonable restrictions on altered-height vehicles. SEMA provided a detailed technical rebuttal to the American Association of Motor Vehicle Administrators' (AAMVA) draft report on altered-height vehicles. The report provides a description and analysis of braking tests done on a single modified Ford F-150 several years ago. Without sufficient data and analysis, AAMVA's report concludes that oversized tires have a profound effect on rollover propensity and increases the applied pedal force required to achieve equivalent levels of braking performance. The report also makes vague recommendations to "further address safety issues that arise from the practice of installing lift kits and oversized tires . . . " As we have done for the past several years, SEMA has recommended retaining the existing AAMVA-model legislation providing for fair and reasonable standards for these vehicles.

New Jersey Suspension Regulation Provides Solid Victory for Aftermarket

Washington, D.C.—Persuaded by comments from the Specialty Equipment Market Association (SEMA), aftermarket companies and enthusiast groups, the New Jersey Division of Motor Vehicles (DMV) declined to establish a maximum bumper height, vertical bumper height standard or rear bumper requirement as part of a final regulation governing motor vehicles with elevated chassis heights. The regulation marked a significant victory for SEMA and the aftermarket in light of the DMV’s initial proposal, which singled out drivers of modified vehicles for costly and burdensome restrictions. Under the final regulation, vehicles will be failed at inspection if the tires mounted on vehicles under 10,000 pounds exceed 38 inches or are 6 inches over stock. In addition, bumpers must be mounted no lower than 16 inches from the ground to the bottom of the bumper. The regulation also sets maximum lift limits for vehicles classified by their gross vehicle weight rating. These vehicles are allowed a specified number of inches above the original vehicle height, which is defined as the highest distance inclusive of the largest tires and highest suspension available as standard or optional equipment for the particular vehicle from the original manufacturer. Raised vehicles that have been inspected and certified prior to October 1, 1998, must comply with this regulation by February 1, 1999, but would be permanently exempted from the maximum lift limits. All vehicles would have to comply with the tire diameter limitations by October 1, 2000. SEMA VP, Government Affairs Chris Kersting remarked, "Overall this regulation marks a significant improvement over what New Jersey had proposed last year. Like in other states that have confronted the aftermarket this year with raised vehicle limitations, New Jersey officials found persuasive SEMA’s argument that the regulations were unduly restrictive and generally not supportable by a public safety concern." Kersting also indicated that the regulations still include vague and subjective inspection criteria that would allow an inspector to fail a vehicle if any of the modifications were deemed "to affect the safe operation of the vehicle." He said that SEMA would continue working with New Jersey officials to clarify these requirements.

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