(a) The term “Commercial vehicle” as used in this section shall include, but not be limited to trucks, station wagons, pickups, passenger cars or other vehicles when used in transporting movable property for a fee or profit, either as a direct charge to another person, or otherwise, or used as an incident to providing services to another person, or used in connection with any business.
(b) The use of government roads within park areas by commercial vehicles, when such use is in no way connected with the operation of the park area, is prohibited, except that in emergencies the Superintendent may grant permission to use park roads.
(c) The Superintendent shall issue permits for commercial vehicles used on park area roads when such use is necessary for access to private lands situated within or adjacent to the park area, to which access is otherwise not available.
Notes of Decisions
Wilkenson v. Dept. of Interior of United States, 634 F. Supp. 1265 (D. Colo. 1986).
· cites it 3× “The regulation appears at 36 C.F.R. § 5.6 and reads as follows: (a) The term “Commercial vehicle” as used in this section shall include, but not be limited to trucks, station wagons, pickups, passenger cars or other vehicles when used in transporting movable property for a fee…”
Glover v. TransCor Am., Inc., 57 F. Supp. 2d 1240 (D. Wyo. 1999).
· cites it 3× “Negligence Per Se In her second Amended Complaint, plaintiff cites the alleged violation of 36 C.F.R. 5.6 as the sole basis of her claim of negligence per se.”
United States v. Thomas Duffy, 479 F.2d 1038 (2d Cir. 1973).
“Furthermore, permitting commercial fishing in the waters of this national seashore would not destroy the recreational value of the park, because protection is afforded by other regulations which ban fishing within “designated mooring areas, swimming beaches or surfing areas,” 36…”
Arthur v. Fry, 300 F. Supp. 622 (E.D. Tenn. 1969).
“His action was in compliance with the regulations of the Secretary of the Interior which provide in part, 36 C.F.R. § 5.6 (b), the following: “The use of government roads within park areas by commercial vehicles, when such use is in no way connected with the operation of the…”
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