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Old 08-09-2010, 05:02 PM   #51 (permalink)
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Quote:
Originally Posted by Brewster2 View Post
From the CA Vehicle Code:

38026.
(d) A designation of a highway, or a portion thereof, under
subdivision (a) shall become effective upon the erection of
appropriate signs of a type approved by the Department of
Transportation on and along the highway, or portion thereof.


38026.5
(b) Notwithstanding subdivision (a), it is unlawful for any person
using an off-highway vehicle on a combined-use highway to do any of
the following:
(1) Operate an off-highway motor vehicle on the highway during the
hours of darkness.
(2) Operate any vehicle on the highway which does not have an
operational stoplight.
(3) Operate any vehicle on the highway which does not have rubber
tires.
(4) Operate any vehicle without a valid driver's license of the
appropriate class for the vehicle operation in possession.

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that's a low down dirty law, combined use implies that OHV and street legal are sharing that road, i think the following clarifications should be posted up under the signs if they are indeed true:

1. dirt bike riders would need a class M license to ride on the combined use road
2. dirt bikes, quads, trucks, etc without stop lights are prohibited from using the combined use road
3. this road is closed to everything except street legal cars after sunset and until sunrise

i'm gonna make sure i get to MCR9 early enough to park below the dam and not even risk getting a $450 by driving down from Chalet!

why does it even say COMBINED USE if it's extremely limited and deceiving.
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Old 08-09-2010, 05:23 PM   #52 (permalink)
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Sgt. Morton is on Vacation this week. I'll have to pick this up next Monday.
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Old 08-09-2010, 05:39 PM   #53 (permalink)
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Please... If every cop has to enforce the letter of the law, you'd be getting speeding tickets for doing 55.1 in a 55. Cops have discretion, you know. Marcus has a hardon for us, plain and simple.
Amen Lance plain and simple Marcus has a hardon for all of us
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Old 08-09-2010, 05:48 PM   #54 (permalink)
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Originally Posted by Will.The.Thrill View Post
that's a low down dirty law, combined use implies that OHV and street legal are sharing that road, i think the following clarifications should be posted up under the signs if they are indeed true:

1. dirt bike riders would need a class M license to ride on the combined use road
2. dirt bikes, quads, trucks, etc without stop lights are prohibited from using the combined use road
3. this road is closed to everything except street legal cars after sunset and until sunrise

i'm gonna make sure i get to MCR9 early enough to park below the dam and not even risk getting a $450 by driving down from Chalet!

why does it even say COMBINED USE if it's extremely limited and deceiving.
Exactly, however you missed one:

4. All OHVs using the roadway must have liability insurance also. How many dirt bikes and quads have that?
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Old 08-09-2010, 05:50 PM   #55 (permalink)
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I am sure this would be near impossible, but is there any chance of getting a trail that runs along the roadway from the Chalet to the end of the pavement?

This is crazy, it totally goes against the "spirit" of the law.
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Old 08-09-2010, 06:30 PM   #56 (permalink)
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Like I've said before - "The fish rots at the head"
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Old 08-09-2010, 06:53 PM   #57 (permalink)
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I wonder how many green stick'd rigs have liability insurance?
I do
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Old 08-09-2010, 07:28 PM   #58 (permalink)
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I and other folks worked hard to implement the existing 'combined use' solution for the chunk of the roads near Airport Flat and the Chalet, attending countless Rubicon Oversight Committee (ROC) meetings and working this solution through the process... the solution was literally years in the making. Let's not give up so quickly on a solution that has mitigated parking and enhanced OHV use.

Individual research through the associated agencies is a great idea, but please take this up at the ROC, where multiple agencies, organizations, and individuals attend and work together -- that's how we can get this issue agendized and addressed best, IMHO.

In the meantime, I'd love to see a picture of the rig that was ticketed... some of the stuff i see on the trail makes me want to renew my TB shot, and some makes me want to buy stock in Meguires... where does this rig sit? It shouldn't matter that much, but in reality, it alwasy does, because Lance nailed it -- officer discretion gives them enough latitude so that I'm definitely curious about the rest of the story...

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Old 08-09-2010, 07:36 PM   #59 (permalink)
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I do
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Old 08-09-2010, 07:43 PM   #60 (permalink)
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I do
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Originally Posted by IV WHLN View Post
x2
How is that possible?? Or is your rig dual registered??? Because dual reg, and just green stickered are two differant things. If it is just a green stickered rig, than who is your insurance carrier??
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Old 08-09-2010, 08:57 PM   #61 (permalink)
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Originally Posted by randii View Post
In the meantime, I'd love to see a picture of the rig that was ticketed... some of the stuff i see on the trail makes me want to renew my TB shot, and some makes me want to buy stock in Meguires... where does this rig sit? It shouldn't matter that much, but in reality, it alwasy does, because Lance nailed it -- officer discretion gives them enough latitude so that I'm definitely curious about the rest of the story...

Randii
It really shouldn't matter WHAT it looks like. An abortion on wheels or a $150,000 KOH buggy, if it had lights front and rear, a vaild green sticker, and he wasn't driving like a douche bag, he should have been left alone.
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Old 08-09-2010, 09:40 PM   #62 (permalink)
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this a pic of my truck. first pic shows my lights working

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Old 08-09-2010, 09:43 PM   #63 (permalink)
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^omg its a pos 1st gen thats why you got a ticket. j/k i have a 1st gen too, the bastard child of toyo wheelers. your rig doesn't look totally crazy or anything; i mean its not a burning man vehicle or something. it has stock lights and full body. maybe next time he'll site you for too many dents or something. he's probaly reading through the vehicle code manual right now to see what he can pull next time.

i remember reading in an older thread last year that the local judges were already tired of ken giving bs assenine tickets because it was using up the courtroom and just totally unecessary; idk maybe that was just a speculation.

isn't there anyone that works above him that can rain him in or is it just the case where he has the right to give out these ridiculous tickets and the county feels good about wasting peoples time and sanity.
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Old 08-09-2010, 10:14 PM   #64 (permalink)
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Question:

If your insurance lapses on a Street legal rig - your Registration is suspended by DMV.

If you green sticker requires insurance - wouldn't the same process of notification apply?

And I agree with Lance, even though politically I should keep my trap shut - but this seriously bugs me.

WHEN WILL IT END???What's next?? And if ROC was held when the folks who are affected didn't have to give up a days pay to address the issue in front of the "ROC" - then the comment would be realistic.There needs to be a more accessible venue for the affected public.
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Old 08-09-2010, 10:37 PM   #65 (permalink)
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Good to talk to you soulfly. I wish you the best in your fight. May the schwartz be with you!
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Old 08-09-2010, 10:46 PM   #66 (permalink)
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cruzila...thanks for helping me and all my other fellow wheelers...if i win this then its pizza and beer for all
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Old 08-09-2010, 10:57 PM   #67 (permalink)
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How is that possible?? Or is your rig dual registered??? Because dual reg, and just green stickered are two differant things. If it is just a green stickered rig, than who is your insurance carrier??
Was dual reg for a year. Just gave up the street reg and green only now.
USAA
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Old 08-09-2010, 11:42 PM   #68 (permalink)
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It really shouldn't matter WHAT it looks like. An abortion on wheels or a $150,000 KOH buggy, if it had lights front and rear, a vaild green sticker, and he wasn't driving like a douche bag, he should have been left alone.
Dude... see your previous post on the previous page.

Quote:
Originally Posted by Lance View Post
Please... If every cop has to enforce the letter of the law, you'd be getting speeding tickets for doing 55.1 in a 55. Cops have discretion, you know.
I agree with the Webdaddy (at least what he posted on page 1): discretion shouldn't matter that much, but in reality, it always does, in one way or another.

But then again, I've been into federal court to help an acquaintence prevail against his ticket which was insufficiently-documented... and I'm currently party to suit against the Eldorado National Forest for misuse of their discretion during Travel Management. I believe that officer/agency discretion has a place, and that responsible citizens need to take a ticket to court every now and then to help those officers/agencies remember not to overstep their place.

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Old 08-09-2010, 11:55 PM   #69 (permalink)
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If your insurance lapses on a Street legal rig - your Registration is suspended by DMV.
If you green sticker requires insurance - wouldn't the same process of notification apply?
Green sticker does not require insurance. It is possible (clarification is being sought) that operation of a green-sticker OHV in certain situations may require insurance, but operation in general does not...

Quote:
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And if ROC was held when the folks who are affected didn't have to give up a days pay to address the issue in front of the "ROC" - then the comment would be realistic.There needs to be a more accessible venue for the affected public.
The County tried having it at other times, and attendance was virtually unaffected... so the County asked in the ROC whether the standard time would be OK, and those in attendance rubber-stamped it with majority rule. We don't have to like it (i'm no fan of morning meetings!) but NOT attending misses a meaningful opportunity to engage and stay aware. Perhaps other options could be suggested, technology being easily available?

Randii (who has missed quite a few ROC meetings of late, as well)
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Old 08-10-2010, 12:28 AM   #70 (permalink)
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The County tried having it at other times, and attendance was virtually unaffected... so the County asked in the ROC whether the standard time would be OK, and those in attendance rubber-stamped it with majority rule. We don't have to like it (i'm no fan of morning meetings!) but NOT attending misses a meaningful opportunity to engage and stay aware. Perhaps other options could be suggested, technology being easily available?

Randii (who has missed quite a few ROC meetings of late, as well)
I heard panel B complained that there were to many "outsiders", and I saw a pretty good difference in attendance in the evening meetings we had earlier this year, so you must be referring to pre-me.

I do what is necessary to keep my job, if it comes down to attending ROC vs my Job....that's a no brainer. I've attended at least three meetings via Johns phone, which keeps me in the loop, but does not allow for input.

Technology could be suggested. I'll give it a shot and come back with the answer.

Thanks Randii
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Old 08-10-2010, 01:08 AM   #71 (permalink)
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I've attended at least three meetings via Johns phone, which keeps me in the loop, but does not allow for input.
I was tickled to see that solution... it was simple and pretty darn effective. I'd bet that further opportunity exists along those lines, and I'd definitely avail myself of it when I'm unable to attend ROC. In-person is always better, but i can't always flex my other commitments to attend, either.

Winning the lottery would simplify some elements of my schedule.

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Old 08-10-2010, 08:17 AM   #72 (permalink)
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The reaction from my contact at State Parks about both the hours of darkness issue and the insurance issue:

"Really, you didn't know that? It's common knowledge at Glamis, Pismo, etc. (other places with combined use)".

I also contacted a buddy who rides the central coast OHV areas quite a bit. He was also quite aware of these rules.

So really it seems that Rubicon is just late to the law enforcement party. We just aren't used to it. In reality, the whole trail has been late to the law enforcement party for years.

A sign posted at the chalet would be a good thing. I'll ask to have it put on the agenda for the September ROC.

Yeah, Officer Marcus can be difficult. This sounds like it might have been an excellent educational opportunity that is RIGHT in his wheelhouse...and a swing and a miss, Ken. Good community policing would have him show up at the ROC and let folks know about this law so that fair warning could be put out on the board, county, RTF, and FOTR websites, etc. Instead the choice is to crank out another ticket.

The anti's try something to close a trail, when it doesn't work, they sneak around for a while til they figure out some new idea and try it out. e.g. crappy failed RTMP doesn't work, so they try the water board.

This feels a lot like that. Everybody's figured out the mudflap thing, now it's time for Officer Marcus to take a new law for a walk. If your goal is to hand out tickets and resentment, Ken, keep doing what you're doing. If you're looking to have the laws enforced and engender trust, educate first, then enforce.

my .02
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Old 08-10-2010, 08:52 AM   #73 (permalink)
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Well said John.
I'd call it more like striking out looking than swing and a miss. At least a swing involves some effort.
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Old 08-10-2010, 09:18 AM   #74 (permalink)
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Quote:
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Please... If every cop has to enforce the letter of the law, you'd be getting speeding tickets for doing 55.1 in a 55. Cops have discretion, you know. Marcus has a hardon for us, plain and simple.
I completely agree with you Lance....

This guy is a clown - plain and simple....
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Old 08-10-2010, 11:29 AM   #75 (permalink)
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So as I under stand it now.

To drive from the chalet to the trail in daylight you need a minimum of
1. green sticker
2. insurance

To drive from the chalet to the trail at night you need
1. completely street legal vehicle
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