The following are prohibited:
(a) Violating the load, weight, height, length, or width limitations prescribed by State law except by special-use authorization or written agreement or by order issued under § 261.54 of this Chapter.
(b) Failing to have a vehicle weighed at a Forest Service weighing station, if required by a sign.
(c) Damaging and leaving in a damaged condition any such road, trail, or segment thereof.
(d) Blocking, restricting, or otherwise interfering with the use of a road, trail, or gate.
(e) Operating a motor vehicle without a valid license as required by State law.
(f) Operating a motor vehicle while under the influence of an alcoholic beverage or a controlled substance in violation of State law.
(g) Operating a motor vehicle in violation of any State law other than those described in paragraph (e) or (f) of this section.
(h) Operating a vehicle or motor vehicle carelessly, recklessly, or in a manner or at a speed that would endanger or be likely to endanger any person or property.
(i) Operating a motor vehicle in violation of a posted sign or traffic control device.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 FR 25450, June 21, 1984; 55 FR 25832, June 25, 1990; 89 FR 92816, Nov. 25, 2024]
Notes of Decisions
United States v. Larry Ventling, 678 F.2d 63 (8th Cir. 1982).
“Facts Larry Ventling was charged with two counts of blocking or interfering with the use of a United States Forest Service Road in violation of 36 C.F.R. § 261.12 (e). Ven-tling had a non jury trial before a magistrate and was convicted.”
United States v. Rainbow Fam., 695 F. Supp. 294 (E.D. Tex. 1988).
“14(q) (regulating the disposal of refuse and sewage); 36 C.F.R. § 261.12 (d) (prohibiting the restriction of access to Forest System roads); 36 C.”
United States v. Mack, 200 F.3d 653 (9th Cir. 2000).
· cites it 2× “10 (a); and (2) impeding a USFS road in violation of 36 C.F.R. § 261.12 (d). The district court sentenced appellants to 60-days in custody, a $500 fine, and a $20 special assessment fee.”
United States v. Scranton, 25 F. Supp. 2d 1131 (D. Idaho 1997).
“§ 551 and 36 C.F.R. § 261.12 (d). At trial, Forest Service law enforcement officer Peter Deane testified that the Defendant was found perched on top of a tripod structure in the center of Forest Service Road # 9553 on September 24, 1997.”
United States v. Elizabeth O'NaN, 452 F. App'x 280 (4th Cir. 2011).
· cites it 2× “*282 PER CURIAM: Elizabeth Margaret O’Nan appeals the district court’s order affirming the magistrate judge’s judgment finding O’Nan guilty of violating 36 C.F.R. § 261.12 (d) * , imposing a fíne and restitution, and ordering O’Nan not to interfere with the use of a Forest…”
Smith v. Almida (Ariz. Ct. App. 2015).
· cites it 2× “¶21 As they did in the superior court, without elaboration or argument, the Smiths cite 36 C.F.R. § 261.12 (d), which prohibits “[b]locking, restricting, or otherwise interfering with the use of a road, trail, or gate.”
United States v. Ganoe, 758 F. Supp. 2d 1052 (E.D. Cal. 2010).
“36 C.F.R. § 261.12 The following are prohibited: (a) Violating the load, weight, height, length, or width limitations prescribed by State law except by special-use authorization or written agreement or by order issued under § 261.”
United States v. Rightsell, 40 F. App'x 360 (9th Cir. 2002).
“*361 MEMORANDUM ** Andrea Rightsell pleaded guilty to blocking a Forest Service road in violation of 36 C.F.R. § 261.12 (d) and was sentenced to serve two months in prison followed by two years probation.”
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