Preface
 
ASA conducts three Info Meetings each year. Two in California and one in Arizona. A speakers panel representing the agencies managing the Imperial Sand Dunes and other CA and AZ OHV recreation venues address questions re the areas that they manage. The following index will assist you in your search for the answers to your questions.

Q & A #               Topic                                                                    Agency                                        

1 - 55                  Imperial Sand Dunes, general interest       BLM, ICSO and CA State Parks
56 - 66                Imperial Sand Dunes, Mexican border        US Border Patrol
67 - 71                CA Desert District, renewable energy         BLM CA Desert District Office
72 - 76                CA Desert District, Johnson Valley              BLM CA Desert District Office

1. If you have an accident at the Dunes, are you required to report to someone?

A) Highway Registered Vehicles

The driver of a street licensed vehicle must report an off-highway vehicle accident to the Department of Motor Vehicles (DMV) when there is more than $750 of property damage or someone is hurt. The report form and instructions are available at http://www.dmv.ca.gov/forms/sr/sr1.pdf

CVC 16000.1.  (a) For purposes of this division, a "reportable off-highway accident" means an accident which includes all of the following:(1) Occurs off the street or highway. (2) Involves a vehicle that is subject to registration under this code. (3) Results in damages to the property of any one person in excess of seven hundred fifty dollars ($750) or in bodily injury or in the death of any person. (b) A "reportable off-highway accident" does not include any accident which occurs off-highway in which damage occurs only to the property of the driver or owner of the motor vehicle and no bodily injury or death of a person occurs.

B) Off-Highway Registered Vehicles (Green or Red Sticker)

While owners of off-highway registered vehicles are not required by either DMV or CHP to file an accident report, it is a good idea to contact a BLM Ranger.

2. If there is an accident at the dunes, who investigates the incident?

There is no requirement in the CVC for any agency to investigate off-highway vehicle accidents; however, the California Highway Patrol (CHP) will usually investigate fatal accidents. If you want a report for other accidents, you can file a counter report at the local CHP office.

If a report is taken by a BLM Ranger, a copy of the report may be available through the Freedom of Information Act (FOIA). Information on the FOIA process may be found at http://www.blm.gov/nhp/BLMinfo/ReadingRoom/ or contact the BLM El Centro Field Office.

3. I was in a single vehicle sand rail accident. My sand rail was left at the location until the following morning. The sand rail was stripped. My insurance company now wants an incident/accident report. How can I get an accident report?

You may contact your local CHP for a counter report.  Depending on the circumstances, a BLM report may be available through the Freedom of Information Act (FOIA). Information on the FOIA process may be found at: http://www.blm.gov/nhp/BLMinfo/ReadingRoom/ or contact the BLM El Centro Field Office.    

4. Are most California off-road regulations the same in Arizona or Nevada?

No.

When riding in the ISDRA you must follow California OHV laws. For a complete list please go the following web site www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm and review Division 16.5.

5. Why isn't the “ten foot” rule being enforced on Gecko Rd. and is there a “ten foot” rule on the road into the Key Hole campground at Buttercup?

It is true that the enforcement of the “No parking within ten feet of Gecko Road” rule (43 CFR 8365.1-6) has been difficult, especially on holidays. It is usually the result of the law enforcement staff working on higher enforcement priorities. There is no ten foot rule in the Key Hole, Gecko loop, Roadrunner, or Buttercup camping areas.

6. Does the BLM tow vehicles away if they are left untended in the camping areas at the ISDRA?

Yes, under the authority of 43 CFR 8365.2-3(c) which says in developed camping and picnicking areas, no person shall, unless otherwise authorized; leave personal property unattended for more than 24 hours in a day use area, or 72 hours in other areas. Personal property left unattended beyond such time limit is subject to disposition under the Federal Property and Administration Services Act of 1949, as amended (40 U.S.C. 484(m)).

7. Why doesn’t the BLM/ICSO impound and tow at least the obvious violators of the camping rules?

It is true that the enforcement of camping rules has been difficult, especially on holidays. It is usually the result of the law enforcement staff working on higher enforcement priorities. BLM will continue to strive to enforce all laws in the ISDRA.

8. There are rumors that some sort of liability or other financial considerations have precluded this, are they true?

No, as long as the BLM Ranger tows a vehicle while following proper policy / procedures, there is little liability to the agency.    

9. Is it illegal to swim in the canals at the ISDRA?

Yes, Imperial County Ordinance 12.36.020 states that it is unlawful for any person to bathe, swim, boat, water-ski or otherwise enter into, or upon the surface of the water in any irrigation canal, lateral, ditch, or siphon, in the unincorporated area of the county of Imperial, state of California; provided, however, that the provisions of this chapter shall not apply to that body of water known as the Palo Verde Outfall Drain.

10. Is it illegal to fish at the canals at the ISDRA?

No, but you need the proper fishing license.

11. What is the deal with the gates at the Canal Road being locked? With discussion about the Canal Road, how about giving some money for grading to the district if they open the Canal Road?              

The lands where the gates were installed next to the New Coachella Canal east of the Gordon’s Well / I-8 Exit are Bureau of Reclamation withdrawn lands. Under an MOU, BLM manages recreation on withdrawn lands with their permission. BLM has no authority to control the gates installed on the canal bank. At this time, BLM does not intend to pay for the access and maintenance of this road.

Description of withdrawn lands: A withdrawal removes an area of federal land from settlement, sale, location, or entry under some or all of the general land laws, for the purpose of limiting activities under those laws to maintain other public values in the area or reserving the area for a particular public purpose or program. Withdrawals are also used to transfer jurisdiction over an area of federal land from one department, bureau, or agency to another.    

12. If I get a ticket at the ISDRA from a BLM Ranger is it the same type of ticket that I would get from the Sheriff and do they enforce the same laws at the ISDRA?  Are some federal tickets and others county tickets?

Some BLM Rangers can issue notices to appear for violations of federal, state, and/or county regulations and laws.  The Imperial County Sheriff’s Office issues notices to appear for violation of state laws and/or county regulations. A violation may be covered by federal, state and county codes, so officers often have a choice of which code to cite when issuing a notice to appear. The fine associated with a particular violation may differ depending on which code the officer chooses to cite from.

13. Is it ever legal to ride double on an ATV in California or Arizona?

In California, yes, when the vehicle is manufactured for multiple passengers. CVC 38506 states no operator of an all-terrain vehicle may carry a passenger when operating on public lands. However, the operator of an all-terrain vehicle, that is designed for operation off of the highway by an operator with no more than one passenger, may carry a passenger when operating on public lands.

In Arizona it is legal to ride double if the ATV is manufactured to accommodate two persons.

14. Is it illegal to burn pallets in the dunes?

At this time, it is not illegal to burn pallets in the dunes.  However, you can be cited for littering when you leave trash (including nails).

15. Are fireworks legal at the ISDRA and if they are not legal, how much is a ticket for setting them off?

No. Fireworks are prohibited by county ordinance, state law and federal regulation.

Imperial County Ordinance 8.24.020 states no person, firm, corporation or other legally-recognized entity shall possess, offer for sale, sell, use or display, within the unincorporated territory of the county of Imperial, fireworks of any kind as defined by California Health and Safety Code Section 12500.

Imperial County Ordinance 8.24.040 states The fire chief, or his or her designee, and the sheriff, or his or her designee, shall have the authority to seize, take, remove or cause to be removed, at the sole expense of the owner, all stocks of fireworks possessed, offered for sale, sold, used or displayed in violation of this chapter. The fire chief, or his or her designee, and the sheriff, or his or her designee, may charge any person, or in the case of a minor, their parent(s) or legal guardian(s), whose fireworks are seized pursuant to this section, the following amounts, which are reasonable and sufficient to cover the cost of transporting, storing, handling and disposing of the seized fireworks:

PENALTIES:

The California Health and Safety Code prohibits unregistered fireworks and dangerous fireworks (Under 100 pounds is a misdemeanor, 100 or more pounds can be a felony). Fireworks may not be stored, sold or discharged within 100 feet of flammable liquids. Penalties per day of violation range from $500 up to $50,000 and one year imprisonment in state prison, depending on the quantity of fireworks involved.

Also, TITLE 43, CHAPTER II, PART 9210 Subpart 9212 Sec. 9212.1 (h) states unless permitted in writing by the authorized officer, it is prohibited on the public lands to perform any act restricted by a fire prevention order. The Fire Prevention Order states that the use or possession of fireworks, including “safe and sane” is hereby prohibited on all public lands of the California Desert District. Fire Prevention Order Number CA-060-2007-01 (this order is updated annually and the fireworks restrictions are year round).

Subpart 9212, Sec. 9212.4 states any person who knowingly and willfully violates the regulations at Sec. 9212.1 of this title shall, upon conviction, be subject to a fine of not more than $1,000 or to imprisonment of not more than 12 months, or both.

16. Why doesn't the BLM extend the road from Roadrunner to Dune Buggy Flats to provide more access to the dunes?

An extension of Gecko Road would result in high capacity camping and driving in more remote areas of the dunes, which may have a negative effect on federally listed species.

History - This question was raised during the 2003 planning process. Public Concern number 725 requested “The BLM should provide additional information on the connection between Gecko Road extension and ESA noncompliance”. Public Comment: The DEIS states that the Gecko Road extension "would not comply with the Endangered Species Act." However, the nature of this alleged noncompliance is not described. Please explain why extending Gecko Road would result in a violation of the ESA. Further, please identify the species that would be threatened and whether the road extension would result in a jeopardy opinion from the United States Fish & Wildlife Service. (Recreational Organization, San Diego, CA - #8286) BLM Response: An extension of Gecko Road would result in high capacity camping and driving in more remote areas of the dunes, which may have a negative effect on federally listed species.

17. Is hiking into a CLOSED AREA of the dunes around Glamis illegal?

You may hike anywhere in the Imperial Sand Dunes, including the Wilderness Area.

18. Is insurance required on off road vehicles? Rumor has it that my vehicle can be confiscated if I am pulled over and don't have it covered.

Currently, OHVs have no insurance requirements, however for obvious reasons it is a good idea to carry it. You are still liable for injury, damages, or death if it is determined to be your fault.

Street legal vehicles registered in California must have insurance that covers them anywhere in the continental United States.

19. Is the Imperial County Sheriff’s Office required to patrol the ISDRA?

Yes. Imperial County Sheriff’s Office is required to patrol the unincorporated areas of Imperial County.

20. Is the BLM required to furnish EMS at the ISDRA? What is the Imperial County responsibility?

Imperial County is responsible for EMS and has contracted ambulance companies and designated a search and rescue division managed by the Sheriffs Department. Congress has not granted any authorities to the BLM for search and rescue except in Sec. 312 of the Federal Lands Management Policy Act [43 U.S.C. 1742]  which states “Where in his judgment sufficient search, rescue, and protection forces are not otherwise available, the Secretary is authorized in cases of emergency to incur such expenses as may be necessary (a) in searching for and rescuing, or in cooperating in the search for and rescue of, per-sons lost on the public lands, (b) in protecting or rescuing, or in cooperating in the protection and rescue of, persons or animals endangered by an act of God, and (c) in transporting deceased persons or persons seriously ill or injured to the nearest place where interested parties or local authorities are located. It is under this authority that the BLM assists Imperial County in the Imperial Sand Dunes Recreation Area.

21. What is the law at the ISDRA regarding red and blue lights on any off road vehicle?

The intent of this law is to stop recreation vehicles from looking like emergency vehicles. Avoid a fine – Do not set up your OHV to look like an emergency vehicle with red and blue lights.

CVC 38346.  A person shall not display a flashing or steady burning red or blue warning light on an off-highway motor vehicle except as permitted by Section 21055 or when an extreme hazard exists.

CVC 38345.  When operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle which is not in combination with any other vehicle shall be equipped with at least one lighted red taillamp which shall be clearly visible from the rear.

(a) Every such vehicle or vehicles at the end of a combination of vehicles shall be equipped with one lighted red taillamp when operated from one-half hour after sunset to one-half hour before sunrise.

22. Is a red tail light required at the ISDRA even if you are not riding at night?

No, it is not required during the daytime, but it is required when riding at night.

CVC 38345 states when operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle which is not in combination with any other vehicle [when towing a trailer] shall be equipped with at least one lighted red taillamp which shall be clearly visible from the rear. (a) Every such vehicle or vehicles at the end of a combination of vehicles shall be equipped with one lighted red taillamp when operated from one-half hour after sunset to one-half hour before sunrise.

23. Is a light required on your whip if you are riding at night?

No, it is not required, but it is recommended.

43 CFR 8365.1-6 states safety flags are required on all vehicles in the Imperial Sand Dunes Recreation Area (This includes two-wheeled motorcycles.)  All vehicles shall be equipped with a whip mast and a 6x12 inch red/orange flag.  Flags may be of pennant, triangle, square, or rectangular shape.  Masts must be securely mounted on the vehicle and extend 8 feet from the ground to the mast tip.  Safety flags must be attached within 10 inches of the tip of the whip mast with club or other flags mounted below safety flag or on another whip.

24. Is a brake light required to be legal at the ISDRA?

Brake lights are not required off-highway (CVC Division 16.5, Chapter 6), but they are recommended. However, street legal vehicles are required to have a working brake light when being operated on the highway.

25. Are the laws the same in California and Arizona for minors riding off-road?

No.

California has laws regulating minors riding ATVs. When riding in the ISDRA, only California laws apply. Those are:

Although not specific to minors, the operator of an off-highway motor vehicle shall be able to reach and operate all controls necessary to safely operate the vehicle (CVC 38304).

Conditions for Operating: Minors

CVC 38503.  No person under the age of 18 years, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions: (a) The person is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor. (b) The person is under the direct supervision of an adult who has in their possession an appropriate safety certificate issued by this state, or issued under the authority of another state. (c) The person has in possession an appropriate safety certificate issued by this state or issued under the authority of another state.

CVC 38504.  No person under 14 years of age, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the conditions set forth in Section 38503 and, in addition, is accompanied by and under the direct supervision of a parent or guardian or is accompanied by and under the direct supervision of an adult who is authorized by the parent or guardian

CVC 38504.1.  (a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child shall grant permission to, or knowingly allow, that child to operate an all-terrain vehicle in a manner that violates Section 38504.

There are no age restrictions for driving UTVs on unpaved or un-graveled roads in unincorporated areas of Arizona.

26. If you are riding a motorcycle off road at the ISDRA, are you required to wear a helmet?

No, but it is recommended. Helmet use is required only on ATVs (CVC 38505).

27. What are the laws for the decibel levels of vehicles at the ISDRA?  Does it apply only to ATVs or all vehicles?  Are the laws the same for Arizona?

The California laws that apply in the dunes are as follows:

Highway Registered

CVC 27150.  (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.(b) Except as provided in Division 16.5 (commencing with Section 38000) with respect to off-highway motor vehicles subject to identification, every passenger vehicle operated off the highways shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Article 2.5 (commencing with Section 27200), and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

Off-Highway Registered:

CVC 38365.  (a) Every off-highway motor vehicle, as defined in Section 38006, shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38370, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

CVC 38370.  (h) On and after January 1, 2003, off-highway motor vehicles, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions.

(1) Noise emissions of competition off-highway vehicles manufactured on or after January 1, 1998, shall be limited to not more than 96 dBA, and if manufactured prior to January 1, 1998, to not more than 101 dBA, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable. Noise emissions of all other off-highway vehicles shall be limited to not more than 96 dBA if manufactured on or after January 1, 1986, and not more than 101 dBA if manufactured prior to January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable.

There are no laws for decibel levels of vehicles operating on unpaved and un-graveled roads in unincorporated areas of Arizona.

28. Are the fees going to go up at the ISDRA next season? (2008-2009)

The fees will not go up if visitors purchase their permits prior to arrival in the dunes. If you choose to purchase your permit in the Dunes the cost will be $40 / week or $120 / season. To pre-purchase your season permit at the $90 rate please visit our web site store here: 

http://www.americansandassociation.org/home.php

29. If I get a ticket for not having a permit at the Dunes, do I still have to buy a permit? How much is a ticket for not having a permit at the Dunes?

Yes, if you are going to continue to stay in the ISDRA after the citation is issued.  The ticket costs $100 dollars for the first one, $300 for subsequent citations per Imperial County Ordinance 1398.

30. How long do I have to get a permit after arriving at the Dunes?

Permits are required immediately upon arrival 43 CFR 8365.1-6.  If you purchase your permit before you get to the dunes you will also save money and time when you arrive.

31. What is the status of the secondary permits for towed in vehicles to prove they are exempt from requiring a regular pass and will this continue next year?

In order to receive a secondary permit, the visitor needs to show officials it was towed in. However, if a visitor decides to drive it on the road after arrival, it is then a primary vehicle and will require a weekly or seasonal permit. BLM will be working with future fee collection contractors to address this issue.

32. What changes can we expect at the ISDRA next year? Who will be collecting fees?

A few of the new changes in the Dunes next season will be the new “KCDF” medical center on Gecko Road, a new Herman Schneider Memorial Bridge extension over the All American Canal, A new South Dunes Ranger Station in Buttercup, fees will stay the same only if purchased off site, and BLM may start a new planning process for the Dunes. BLM will take over the collection of fees and may contract out for services.

33. If I camp on private property within the ISDRA, do I have to have a permit?  If not, do I have to have one to ride at the ISDRA?

If you camp on private property you would have to follow the rules of the land owner. Some campgrounds encourage their visitors to purchase a dunes permit so they can use the trash bins provided by BLM through the fee program.

Only your primary, street legal vehicle is required to have a permit upon arrival at the ISDRA (43 CFR 8365.1-6). ATVs and other non street legal vehicles are not required to have a camping permit.

34. What are the extra/new amenities from our ISDRA fees that will be implemented this year? Any plans for grey/black water dumps. Gravel in sandy areas in the camping areas?

There are no new amenities or plans for grey/black water dumps stations to be developed in the Dunes. BLM maintains the existing hard packed camping areas each summer, as funding allows.

35. With the visitation the ISDRA receives, why doesn’t it receive more funding?

The BLM, as an agency, projects to receive flat funding over the next several years with increased costs agency wide. Each office is trying to work as efficiently as possible within the current levels of funding Congress provides us.  

36. When the California OHV Trust Fund provides funding for an improvement in an area like the ISDRA, does it also continue to provide funds for the maintenance for that project?

BLM applies for facility operations and maintenance grants which are one-year monies that may or may not be approved each year. If funding is not approved from the OHV Trust Fund program, the BLM must find other sources to maintain the improvements.   

37. Do Arizona and California driving and drinking laws apply off-highway? What is the rule on open containers? Can a passenger in my off road vehicle drink while I drive?

In Arizona, driving and drinking laws apply off-highway. No open containers are allowed in a vehicle.  These same rules apply for the OHV designated trails at the Cinders near Flagstaff, Arizona.

In California, drinking and driving laws apply off-highway (CVC, Division 11, Chapter 12). 

Also, CVC 23220 (a) states no person shall drink any alcoholic beverage while driving a motor vehicle upon any highway or on any lands described in subdivision (b) As used in subdivision (a), "lands" means those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

CVC 23223.  (a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) No passenger shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.

38. What about rules concerning toys? I have a radio controlled dune buggy and a radio controlled powered airplane. What regulations are there for this type of recreational hobby?

Currently there are no regulations concerning RC equipment.

39. Can I drive my ATV, UTV or Golf Cart that is street legal in Arizona on California highways?

ATVs, UTVs and golf carts cannot be modified to be street legal in California Most of these vehicles do not meet federal or California requirements to be street legal; therefore they are illegal to operate on streets or highways in California 

A California dirt bike also cannot legally be converted to street license status (dual-sport).

40. Do you have to have a non-resident sticker to use an OHV in California if you are from Arizona? Does the Arizona off-road “RV Plate” or an Arizona street legal “MC Plate” satisfy the California OHV sticker requirements?

While the “RV” plate does not technically meet the legal requirements of registration for California, BLM will honor both the Arizona “RV” and “MC” plates, if properly mounted on the vehicle until Arizona’s newly passed OHV registration program takes effect.

In the 2009/2010 Dunes season, you will need to purchase a California non-resident permit if you do not have a valid Arizona OHV registration.

41. I'm in the process of purchasing a sand rail; it's a year old and has only been used twice. The previous owner has not had the rail registered. What do I need to do to be legal?

To register the vehicle, contact your local DMV. The DMV will let you know of all requirements needed to register your vehicle (fees, VIN, etc.).  If the vehicle does not have an identifying number like a VIN or serial number, the DMV will send you to your local CHP once you begin the registration process. CHP may require paperwork to assign/attach an identifying number to the vehicle, so be sure to ask.

42. When is the red sticker riding season at the ISDRA?

The red sticker riding season for the ISDRA is 'year-round'. To view the red sticker riding schedule, visit: http://www.ohv.parks.ca.gov/?page_id=21928.

43. Will there be an Amnesty Day this year?

Due to budget constraints, the DMV will not be able to hold any Amnesty Days this dunes season.

44. Do I need to have my registration with my vehicle?

Yes. The California Vehicle Code (section 38085a) requires the owner of the vehicle to maintain the original registration or a photocopy of the registration with the vehicle at all times.

45. In California is it legal to drive anything off-road if your driver’s license has been revoked or suspended?

If your driving privilege is suspended or revoked, you can’t drive on or off-highway.

CVC 14601.1. (a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.

(e) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

46. When is a safety flag, on a whip, eight feet above the ground required at the ISDRA? A whip with a flag doesn’t appear to be required on motor homes or trucks when they are in camping areas but ATVs are required to have them. Why does a truck need a whip with a flag at the drags near the Gecko Road if it isn’t going to out in the dunes? The drags at Gecko are as flat as the camping areas. What is the rule of thumb on when a whip and flag are required?

A good rule of thumb is when a vehicle leaves the pavement, a flag is required. Common sense says a motorhome doesn’t require a whip if in the camp area.

On Tuesday, October 4, 1988, a rule was published in volume 53, number 192 of the Federal Register. The rule stated that all off-highway motor vehicles registered under CVC 38010 or other off-road vehicles as defined in 43 CFR 8340.0-5(a) shall be equipped with a whip. It goes on to include details such as, but not limited to, the whip mast must have a securely mounted 6x12 inch red/orange flag.  Flags may be of pennant, triangle, square, or rectangular shape.  Masts must be securely mounted on the vehicle and extend 8 feet from the ground to the mast tip.  Safety flags must be attached within 10 inches of the tip of the whip mast with club or other flags mounted below safety flag or on another whip.

43 CFR 8340.0-5(a) states that off-road vehicle means any motorized vehicle capable of, or designed for, travel on or immediately over land, water, or other natural terrain, excluding:(2) Any military, fire, emergency, or law enforcement vehicle while being used for emergency purposes;(3) Any vehicle whose use is expressly authorized by the authorized officer, or otherwise officially approved; (4) Vehicles in official use.

47. A BLM Ranger at one of the competition hills had no whip and when asked about it he said, that he was exempt, isn't it as necessary for the BLM as everybody?

Vehicles in official use are exempt; however BLM Rangers will try to set a better example since it is the safe thing to do.

43 CFR 8340.0-5(a) states that off-road vehicle means any motorized vehicle capable of, or designed for, travel on or immediately over land, water, or other natural terrain, excluding:(2) Any military, fire, emergency, or law enforcement vehicle while being used for emergency purposes;(3) Any vehicle whose use is expressly authorized by the authorized officer, or otherwise officially approved; (4) Vehicles in official use.

48. Are seat belts required to be used on all the seats, front and rear on UTVs, Golf Carts, and Sandcars to be legal when riding off road in California or Arizona?

On BLM public lands, seatbelts are required to be properly fastened in the front seats when originally equipped by the manufacturer. Seatbelts in the rear are not specifically required; however, if the passengers are not wearing seatbelts, the officer has the discretion to cite the driver for a violation of CVC 38330.

CVC 38330.  It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, which is not equipped as required by this chapter or the equipment regulations of the governmental agency having jurisdiction over public lands, or which is not safely loaded.

43 CFR 8365.1-3(b) (1) The operator of a motor vehicle is prohibited from operating a motor vehicle in motion, unless the operator and each front seat passenger is restrained by a properly fastened safety belt that conforms to applicable United States Department of Transportation standards, except that children, as defined by State law, shall be restrained as provided by State law.

There are no seat belt laws that apply to driving on unpaved or un-graveled roads in unincorporated areas of Arizona.

49. Is a spark arrestor required on all off road vehicles? Are they required at the ISDRA? Are they required in Arizona?

While riding in the ISDRA, all visitors must follow California OHV laws and have a properly working spark arrestor on their OHV.

CVC 38366 (a) Notwithstanding Section 4442 of the Public Resources Code, and except for vehicles with mufflers as provided in Article 2 (commencing with Section 27150) of Chapter 5 of Division 12, no person shall use, operate, or allow to be used or operated, any off-highway motor vehicle, as defined in Section 38006, on any forest-covered land, brush-covered land, or grass-covered land unless the vehicle is equipped with a spark arrester maintained in effective working order.

Yes, they are required in Arizona on all off-road vehicles.

50. Are there any speed limits at the ISDRA?

Yes.

Basic Speed Law CVC 38305.  No person shall drive an off-highway motor vehicle at a speed greater than is reasonable or prudent and in no event at a speed which endangers the safety of other persons or property.

Prima Facie Speed Limit CVC 38310.  The prima facie speed limit within 50 feet of any campground, campsite, or concentration of people or animals shall be 15 miles per hour unless changed as authorized by this code and, if so changed, only when signs have been erected giving notice thereof.

No person shall operate an OHV in excess of 15 mph on public lands within 500 feet of Highway 78, Grays Well Road, Gecko Road and access roads within the Gecko and Roadrunner recreation sites. 43 CFR 8365.1-6

43 CFR 8341.1 (f) No person shall operate an off-road vehicle on public lands: (2) In excess of established speed limits;

43 8365.1-3 (a) When operating a vehicle on the public lands, no person shall exceed posted speed limits, willfully endanger persons or property, or act in a reckless, careless or negligent manner.

51. Where is it legal to target shoot?

On BLM land, you can target shoot anywhere it is not otherwise posted providing you meet all county, state and federal guidelines concerning safety, weapon bans, and trash clean up laws/regulations. Any question in regards to a specific location should be addressed by phone or in person.

52. Is there a law against towing someone on a board or something behind a vehicle or ATV at the ISDRA?

Yes, CVC 38330 states it is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, which is not equipped as required by this chapter or the equipment regulations of the governmental agency having jurisdiction over public lands, or which is not safely loaded.

Also, 43 CFR CHAPTER II PART 8340, Subpart 8341, Sec. 8341.1 (f) (1) states no person shall operate an off-road vehicle on public lands in a reckless, careless, or negligent manner.

53. What is required by law to have people ride in the back of UTVs (Rhino's, Golf Carts, Side X Side’s) at the ISDRA? Are Golf Carts in this category?

You need to have a properly mounted seat and use properly mounted seat belts to ride in the back of a UTV or golf cart.  UTVs and golf carts are different types of vehicles under the definitions in the California Vehicle Code, however you should have properly mounted seats and use properly mounted seat belts, in both types of vehicles, or you may be cited under CVC 38330 which states it is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, which is not equipped as required by this chapter or the equipment regulations of the governmental agency having jurisdiction over public lands, or which is not safely loaded.

43 CFR 8365.1(b) (1) The operator of a motor vehicle is prohibited from operating a motor vehicle in motion, unless the operator and each front seat passenger is restrained by a properly fastened safety belt that conforms to applicable United States Department of Transportation standards, except that children, as defined by State law, shall be restrained as provided by State law.

Golf carts are not UTVs; however if modifications are made to a golf cart, it could be included in the same category as an UTV. A golf cart by definition (CVC Division 1, section 345) is, "a vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 mph and designed to carry golf equipment and not more than two persons including the driver".

54. Are UTVs regulated by ATV laws/regulations or by laws/regulations relating to sand buggies at ISDRA? Are there laws/regulations that pertain to UTV’s?  Is there a difference between laws/regulations in California and Arizona for UTV's?

Arizona and California have different OHV laws.

In Arizona the same laws apply for UTVs as ATVs.

For UTVs, sand rails, ATVs on Forest Service routes:  If the vehicle is 50" or less they can travel on our trails per the 2005 Travel Mgmt. Rule. If they are OVER 50" they must stay on roads.   This means if the vehicle is over 50" it can be driven on our Level 2 roads that are maintained only by the FS; not the state, county or local government without being street legal and without a licensed driver. If they are on roads that are paved or graveled and are maintained by the state, county or local government - they must be street legal with licensed drivers.

In California, there are no laws which pertain specifically to UTVs. However, those laws pertaining off-highway vehicle use may be found in CVC Division 16.5.

55. Are there any age restrictions for driving a UTV off road in Arizona or California? What are the driving age rules for UTVs?  Are the age rules different from golf carts or ATVs?

There are no age restrictions for driving UTVs on unpaved or un-graveled roads in unincorporated areas of Arizona.

In California, there are no age restrictions to operate a UTV or golf cart, however, CVC 38304 states that the operator of an off-highway motor vehicle shall be able to reach and operate all controls necessary to safely operate the vehicle.

There are ATV age requirements in California related to safety training. They are as follows:

CVC 38503.  No person under the age of 18 years, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions: (a) The person is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor. (b) The person is under the direct supervision of an adult who has in their possession an appropriate safety certificate issued by this state, or issued under the authority of another state. (c) The person has in possession an appropriate safety certificate issued by this state or issued under the authority of another state.

CVC 38504.  No person under 14 years of age, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the conditions set forth in Section 38503 and, in addition, is accompanied by and under the direct supervision of a parent or guardian or is accompanied by and under the direct supervision of an adult who is authorized by the parent or guardian.

CVC 38504.1.  (a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child shall grant permission to, or knowingly allow, that child to operate an all-terrain vehicle in a manner that violates Section 38504.

56. Are roll cages required for rear seat passengers?

Roll cages are recommended but not required at this time.

57. Are helmets required to ride a UTV?

Helmets are recommended but not required at this time.

58. Are there any distinctions made between golf carts and UTVs? Like engine size? Some golf carts have replaced high horsepower engines.

Yes. Golf carts are defined in CVC Division 1, section 345. A "golf cart" is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver. CVC 24001.5 states that a golf cart as defined in Section 345 shall only be subject to the provisions of this division which are applicable to a motorcycle. The OHV laws in CVC Division 16.5 apply to both golf carts and UTVs when they are in OHV riding areas.

CVC 21115.  (a) If a local authority finds that a highway under its jurisdiction is located adjacent to, or provides access to, a golf course and between the golf course and the place where golf carts are parked or stored or is within or bounded by a real estate development offering golf facilities and is designed and constructed, so as to safely permit the use of regular vehicular traffic and also the driving of golf carts on the highway, the local authority may, by resolution or ordinance, designate the highway or portion of the highway for combined use and prescribe rules and regulations that shall have the force of law. No highway shall be so designated for a distance of more than one mile from the golf course if the highway is not located within a development or beyond the area of a development, provided, the finding of the local authority in this respect shall be conclusive. Upon the designation becoming effective it shall be lawful to drive golf carts upon the highway in accordance with the prescribed rules and regulations. The rules and regulations may establish crossing zones and speed limits and other operating standards but shall not require that the golf carts conform to any requirements of this code with respect to registration, licensing, or equipment, except that if operated during darkness the golf cart shall be subject to the provisions of Section 24001.5 regarding equipment.

59. I've seen vendors selling a wide variety of things at the sand dunes. What would I need to do if I wanted to 'set up shop' and sell?

There is a permitting process that vendors must go through in order to sell on public lands. For more information contact Marisa Williams, Bureau of Land Management at 760-337-4457.

60. When riding in the area at the ISDRA South of I-8 and you accidentally cross the border, what should you do? What is the penalty for crossing the border accidentally?

To legally reenter the USA you need to present yourself at an official port of entry. The Andrade Point of Entry would be the nearest port of entry to the dunes. The penalty for illegally crossing the border in the dunes is seizure of the vehicle, fines, and/or arrest (Title 19 sec. 1595a).

61. Does the Border Patrol do anything at the ISDRA besides patrolling the border and if so, what?

In addition to homeland security duties, the Border Patrol also provides law enforcement back up, emergency medical services through the Border Patrol Search, Trauma, And Rescue team (BORSTAR), and information sharing with BLM. 

62. If we see any suspicious activities at the dunes, how do we report it to the Border Patrol?

Call 1-800-901-2003. Do not engage suspicious activities. Contact emergency help a.s.a.p.

63. Is the Border Patrol going to be building a fence on the Mexican border thru the dunes?

Yes, we anticipate they will install anti-vehicle fencing.

64. I've seen the Border Patrol riding quads at the dunes with no whips, why wouldn't they have whips and doesn't it put all of us at risk when they don't have whips?

The Border Patrol, El Centro Sector, is aware of the issue and has taken steps to equip those ATVs missing whips with the proper parts.

43 CFR 8340.0-5(a) states that off-road vehicle means any motorized vehicle capable of, or designed for, travel on or immediately over land, water, or other natural terrain, excluding:(2) Any military, fire, emergency, or law enforcement vehicle while being used for emergency purposes;(3) Any vehicle whose use is expressly authorized by the authorized officer, or otherwise officially approved; (4) Vehicles in official use.

65. What is the best thing we can do to make the Border Patrol's job easier?

Duners can help the Border Patrol by not illegally crossing the border. Duners should stay north of the border and report any suspicious activity.

66. As a citizen can I enter the United States legally anywhere along the border?

No. To legally reenter the USA you need to present yourself at an official port of entry. The Andrade Point of Entry would be the nearest port of entry to the dunes. The penalty for illegally crossing the border in the dunes is seizure of the vehicle, fines, and/or arrest (Title 19 sec. 1595a).

67. Is the border clearly marked? How will I know where the border is?

No. However, the Border Patrol is in the process of increasing signing and infrastructure to alleviate this problem. If you don’t know where the border is located, ask a Border Patrol officer. Visitors are responsible to know where the international boundary lies and citizens should utilize maps, or GPS to assist them.    

68. What type of documentation do I need to re-enter the United States?

US citizens need a passport. Immigrants will need immigration documentation.

69. Do I have any constitutional rights when I travel to Mexico?

No.

70. What are the dangers associated with cross border traffic and how does that affect my recreational activities?

Criminal acts, such as alien and narcotic smuggling, pose a threat and a high degree of violence. The Border Patrol is working to improve the safety and welfare of the communities along the border. Citizens should be aware of the law and the location of the border to ensure their safety and property.

71. Does Arizona have an OHV sticker program?

In Arizona, on June 27, 2008, Arizona OHV Bill SB 1167 was signed into law by Gov. Napolitano.  The Bill takes effect Jan 1, 2009, and there will be a new Indicia Plate (license plate for OHV).  It will be a STATE issued, Street Legal plate (when street legal sticker is purchased) that will be honored just like the current MC plate. This Indicia Plate will be honored in California as your registration, but, as in the past, this new Arizona OHV registration will not allow on-highway operation in California 

72. In Arizona, does my vehicle need to be street legal to be driving on Forest Service roads?

Yes and No. County maintained and main paved roads will require you to have a street plate and that means meeting our MVD requirements for equipment. This is also true for the Prescott Forest.  The Flagstaff Coconino FS has started posting “must be street legal” signs on selected FS routes, both paved and unpaved, to help clarify this issue.  (Jeff Gursh Arizona OHVC and ATR)

73. In Arizona what is State Trust Land?  What is required to ride on State Trust Land and how do we find out where the Arizona State Trust Land is located?

You are required to have a State Trust Recreation Permit to enter State Trust land. This is for all recreation, not just OHV. This allows you on any State Trust Land that is open to Motorized use. The problem is that what is open or closed is not very well posted. Few maps show more than WHO owns the land, much less what is open to OHV. Most maps State Trust put out are for closed areas, not open. In addition to the recreation permit, a valid hunting or fishing license will work too, BUT you have to be perusing this activity while on State Trust Land. (Jeff Gursh Arizona OHVC and ATR)

74. On Arizona State Trust Land there is sometimes talk about closing some of areas to OHVs because they aren't being used very much.  How do they track the use of an area on Arizona State Trust Land?

Most threats of closing State Trust Lands are due to repeated complaints about dust, unlawful target shooting, unlawful cross-country travel, illegal dumping, vandalism, and other irresponsible use of the lands.  There is no formal monitoring program for OHV use of State Trust Lands. (Tim Holt – AGFD)

75. Where is it legal to use a non street legal ATV, UTV, golf cart, sand rail, etc. in Arizona?

Forest Service and BLM lands are one of the biggest draws for OHV use. Both agencies have fair websites for where to ride information. But if you go to the Arizona State Parks OHV website, you will find a great OHV guide / map available as a down load. It show many of the most popular OHV sites in the State And has info on needed permits and equipment for each area. These are some of the best signed and mapped areas in Arizona, Enjoy. (Jeff Gursh ArizonaOHVC and ATR) <www.azstateparks.com> or call 1-866-INFO-OHV.  This State Parks map also has current OHV regulations included with the map.

76. Is the State of California going to provide OHV areas equal in size for any areas lost to renewable energy projects? 

The continued development of the southern California desert for renewable energy projects, housing, military expansion, etc. makes finding large tracts of land suitable for OHV recreation very difficult. However, the OHMVR Division is committed to finding, and is always on the lookout for, new riding areas statewide.

77. Is the California State Park OHMVR Division working to mitigate this loss of federal OHV areas?

The legal responsibility for mitigation of federal areas would be between the energy developer and the BLM. However, the OHMVR Division’s mandate, as provided in the California Public Resources Code includes expanding and managing OHV recreation “…to maintain sustained long-term use.” The Division is always on the lookout for opportunities for new riding areas to meet demand due to the increased popularity of OHV recreation and decreasing opportunity, however, there is no specific provision for mitigating lost opportunity due to the proposed energy projects. Any mitigation would be the responsibility of the utility company and regulatory agencies.

As mentioned above, locating new large tracts of land is very difficult, thus the OHMVR Division’s first line of defense must be to work with energy developers, land managements agencies and others to locate renewable energy developments outside of lands currently used for OHV recreation. If these efforts fail, then it is imperative that the OHV lands be replaced.

78.  How many current BLM OHV areas are going to be affected by renewable energy projects? 

Currently, there are no solar energy projects in open OHV areas.  There are a very small number of wind and geothermal energy projects in open OHV areas.  We believe these types of projects can be designed so that the area would continue to provide OHV recreation opportunities.  The potential impact to recreation opportunities would be evaluated in the environmental analysis process with full public involvement.

The vast majority of renewable energy projects are in Limited Use areas where OHV travel is limited to designated routes.  When BLM begins discussions with potential applicants for renewable energy projects, we alert them to the sensitivity and controversial nature of OHV recreation opportunities.  We make it clear that where a renewable energy project would cross existing designated routes and would eliminate access to an area, the project design needs to consider a means to provide alternative routes for access and recreation opportunities.

79. If BLM OHV areas are lost to renewable energy projects, are the project owners required to provide other, equal OHV opportunities?  

There are no statutory or regulatory requirements for such an action, but the environmental review process can consider such options.

80. Is the federal government going to provide OHV areas equal in size for any areas lost to renewable energy projects?    

On BLM lands most renewable energy projects are in Multiple Use Class (MUC) Limited areas. BLM’s ability to provide new OHV Open Areas is constrained by other decisions in the Plan.  BLM has an ongoing process of land acquisition in Limited Use areas, including those in important wildlife habitat areas.  In Multiple Use Class Limited areas, OHV use would continue to be available on designated Open routes, including on acquired lands, which would be managed in the same manner as surrounding public lands as far as OHV use is concerned.

81. If Limited Use areas on BLM lands are reclassified as open to allow renewable energy projects, why can’t limited use areas be reclassified as open for OHV use. 

Renewable energy project areas would be reclassified from Limited to Intensive.  The re-designation of a different Limited area to an OHV Open Area would create a new, intensive OHV use area.  Limited use areas could be reclassified as open under an amendment to the California Desert Conservation Area plan.  However, this would amount to replacing an area with Limited OHV use (occupied by a future renewable energy project) with a similar acreage of OHV open area.

82. Who is working with the Marines on this land withdrawal?

The Marines have been consulting with a number of entities regarding their expansion plans, including BLM, the State of California and interested stakeholders. BLM is the agency responsible for processing the withdrawal application.

83. Is the California State Park OHV Division working to mitigate the loss of land at Johnson Valley OHV area?

The OHMVR Division recognizes the importance of Johnson Valley to the OHV community as well as the wider community. The OHMVR Division is in discussions with the Marine Corps, the BLM, and the Governor’s office to identify alternative solutions to the Marine Corp expansion which would allow the land to remain open. Should every attempt prove unsuccessful, the OHMVR Division would aggressively seek alternative opportunities in comparable areas to replace the loss in Johnson Valley.

84. If Johnson Valley OHV area is taken by the Marines will other currently closed areas be opened for OHV use?

The Marines Corps have filed their application for withdrawal associated with the Twenty-nine Palms base. The public involvement process has started. The public will have opportunities through the environmental review process to recommend alternatives. Closed areas are areas that were closed to meet other critical resource needs. For example, wilderness areas were closed to OHV use by Congress. For those areas to be opened, Congress would have to act.

85. Do the Marines need to do an EIS to withdraw this land?

Yes, the process requires full compliance with the National Environmental Policy Act and other applicable laws, like the federal Endangered Species Act and the National Historic Preservation Act, water rights issues, etc. 

86. What other documents do the Marines need to submit to withdraw this land?

The process begins with an application by the military to withdraw the lands. The military has issued a Press Release on the withdrawal.  Public meetings are expected to begin in October 2008. The withdrawal process is lengthy and includes many opportunities for public comment, including preparation of an Environmental Impact Statement. Further, any military withdrawal proposal that exceeds 5,000 must be authorized by Congress.

87. Are there other areas that the Marines could use instead of the Johnson Valley OHV areas?

We defer to the Marine Corps to answer that question. Their mission requirements and need for the proposed withdrawal will be part of their application to be filed with BLM and will be public information.

88. Could this area be used as an OHV area and occasionally be closed for Marine use?

We defer to the Marine Corps to answer that question as well.  Identification of any alternatives to a withdrawal is also part of the application to be filed with BLM.  In general, if any areas were opened to live fire exercises, that would be an important part of the consideration.