We took the Junior Mountaineering Team out for a mission on Saturday and the last beta we got on the road conditions were from Tuesday. We decided not to take any chances and snowmobile in from the fishing access. We arrived early AM in the dark and missed the one sign that said no snowmobiles allowed.
The road was definitely driveable - though there was one large 4X4 truck stuck on the shoulder. We were happy of our choice though, because it meant that there would be no surprises: we were going to make to the trailhead and back without trouble.
On the way back, however, we were stopped by Officer Leddy (sp?). She said that she saw our vehicles and "did not know what to do." So she decided to "give us a break" and issue a warning. "It's a state violation to be driving a snowmobile on a maintained roadway."
First issue: Does a federal law enforcement officer have the right to enforce a state law?
Second issue: Is the roadway "maintained" for vehicles?
If I remember my civics correctly federal officers can only enforce federal laws. The warning notice says that I was "currently in violation of the above regulation." Take a look below - there is no violation code listed. She "did not know what to do" because she had no authority to do it.
[img]http://www.montanamountaineering.org/docs/forestservicewarning.jpg[/img]
On the second issue, I would argue that the road was not maintained. It has been plowed twice this year. With an average mean snowfall of over 6 feet (73.1 inches in town), what other "maintained" road in the county claims this with only two passes with a plow?
It is my position that the Forest Service is enforcing laws out of its jurisdiction and is acting arbritrary at best.
I am interested to hear comments before I officially present this to the District Ranger.
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