(a) The operation of off-road vehicles is permitted on those areas and trails designated as open to off-road vehicle use.
(b) Any person operating an off-road vehicle on those areas and trails designated as limited shall conform to all terms and conditions of the applicable designation orders.
(c) The operation of off-road vehicles is prohibited on those areas and trails closed to off-road vehicle use.
(d) It is prohibited to operate an off-road vehicle in violation of State laws and regulations relating to use, standards, registration, operation, and inspection of off-road vehicles. To the extent that State laws and regulations do not exist or are less stringent than the regulations in this part, the regulations in this part are minimum standards and are controlling.
(e) No person may operate an off-road vehicle on public lands without a valid State operator's license or learner's permit where required by State or Federal law.
(f) No person shall operate an off-road vehicle on public lands:
(1) In a reckless, careless, or negligent manner;
(2) In excess of established speed limits;
(3) While under the influence of alcohol, narcotics, or dangerous drugs;
(4) In a manner causing, or likely to cause significant, undue damage to or disturbance of the soil, wildlife, wildlife habitat, improvements, cultural, or vegetative resources or other authorized uses of the public lands; and
(5) During night hours, from a half-hour after sunset to a half-hour before sunrise, without lighted headlights and taillights.
(g) Drivers of off-road vehicles shall yield the right-of-way to pedestrians, saddle horses, pack trains, and animal-drawn vehicles.
(h) Any person who operates an off-road vehicle on public lands must comply with the regulations in this part, and in § 8341.2 as applicable, while operating such vehicle on public lands.
[44 FR 34836, June 15, 1979, as amended at 45 FR 47843, July 17, 1980]
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 2006–2025 · leading case:
United States v. Wells, 873 F.3d 1241 (10th Cir. 2017).
United States v. Wells, 873 F.3d 1241 (10th Cir. 2017).
“§§ 1701 , 1733; 43 C.F.R. § 8341.1 (c). 2 Mr. Wells owned a small business and ran a website entitled The Petro-Glyph that reported: on issues of local concern in San Juan County, especially issues relating to public lands.”
United States v. Donald E. Faulkner, 450 F.3d 466 (9th Cir. 2006).
· cites it 2× “§ 13 , and implementing federal regulations for driving while his license was suspended, in violation of 43 C.F.R. § 8341.1 (d) and California Vehicle Code § 14601.”
Ctr. for Biological Diversity v. Bureau of Land Mgmt., 422 F. Supp. 2d 1115 (N.D. Cal. 2006).
“As discussed in greater detail infra, the interim closures were approved by the BLM on September 27, 2001, pursuant to its authority under 43 C.F.R. § 8341.1 (a), and published in the Federal Register on October 22, 2001.”
Wilderness Soc'y v. Kane Cnty., Utah, 560 F. Supp. 2d 1147 (D. Utah 2008).
“) See also 43 C.F.R. § 8341.1 (c) (“The operation of off-road vehicles is prohibited on those areas and trails closed [by BLM] to off-road vehicle use.”
United States v. Pheasant, 129 F.4th 576 (9th Cir. 2025).
“Pheasant with driving an off- road vehicle on public lands at night without a taillight, in violation of 43 C.F.R. § 8341.1 (f)(5), and remanded. Section 8341.”
United States v. Pheasant (9th Cir. 2025).
· cites it 3× “Dissenting from the denial of rehearing en banc, Judge Bumatay wrote that the Ninth Circuit should have demanded more before letting the Executive branch—rather than Congress—define the conduct made criminal under the Federal Land Policy and Management Act.”
United States v. Faulkner (9th Cir. 2006).
· cites it 2× “§ 13 , and implement- ing federal regulations for driving while his license was sus- pended, in violation of 43 C.F.R. § 8341.1 (d) and California Vehicle Code § 14601.”
United States v. Sullivan, 713 F. App'x 621 (9th Cir. 2018).
“Sullivan’s reliance on 43 C.F.R. § 8341.1 (e) is also misguided.”
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