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Is It A Dirt Road Or Is It A Highway?

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After a Presidents Day Weekend investigation of OHV abuse in Wonder Valley by the California State Parks, BLM, Sheriff and Code Enforcement it was determined that.

The San Bernardino County Sheriff officers advised that the San Bernardino County Counsel has issued a legal opinion that the Wonder Valley dirt roads are highways open only to street legal vehicles.

The California Highway Patrol does not consider the dirt roads in Wonder Valley to be highways and that these dirt roads may be used by non-street legal vehicles.

And the Officers observed one non-street legal vehicle. It was an ATV being ridden at slow speed on a track on the operator’s private property. The team did not see any illegal activity, so no enforcement contacts, citations or arrests were made.

http://ohv.parks.ca.gov/pages/1140/files/wonder%20valley%20update.pdf

Well I side with the Highway Patrol on the dirt road issue because the State trumps County. :) I decided to make an education video on the dirt roads in Wonder Valley this weekend.

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the problem is that the DA is the one that prosecutes. In law the general guideline is that you cant make a law that is less restrictive or contrary to the existing law, but you can make one more restrictive. So the county can do something more restrictive than the state. Also CHP is the one who would or wouldnt cite you, just like the Sheriff would be. Its up to the DA to follow-up and prosecute. If this is just an infraction then no DA would be in court, it would be the LEO officer, you and the judge. You could argue that the CHP said it was OK and this MAY give you a one time out, may not work a 2nd time cuz you have been warned. Its up to you, see what works, go for it, just dont be surprised if you get cited and have to go to court.

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The argument is the roads in wonder Valley are not public maintained: They receive no gas tax for road maintenance. The road maintenance is paid for by the property owners. The roads are right of way from land patents.

From the California vehicle code:

V.C. Section 360 "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

I am proud to report that the roadway in Wonder Valley receives no public money for maintenance therefor it is not a highway. The California highway patrol are some pretty educated people

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The argument is the roads in wonder Valley are not public maintained: They receive no gas tax for road maintenance. The road maintenance is paid for by the property owners. The roads are right of way from land patents.

From the California vehicle code:

V.C. Section 360 "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

I am proud to report that the roadway in Wonder Valley receives no public money for maintenance therefor it is not a highway. The California highway patrol are some pretty educated people

Key word "Maintained" with no time limit. If it was ever maintained with public funds is it a "Highway" for ever?

I have battle in several places with BLM over; is it a BLM road needing a permit for a ride, or is it public county highway.

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try n it n see how it goes, argue your case in court if you should ever be cited. I just wouldnt bank on this and I wouldnt tell people to go for it cuz its OK, inform them fully and let them decide for themselves.

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