Para_Frog 1 #1 March 25, 2008 Exit point - BLM land. Landing point - State Highway Right of way. Video This exit has been jumped about 3 gazillion times. After landing, and after my rig was in the truck, a BLM Ranger drove up. My jump buddy and I just waved and said "hi" since it was a legal jump. The Ranger calls County dispatch and verifies that it is illegal to land on the State Highway or right of way. He proceeds to tell me that the jump WAS legal, but landing on the road falls under 43 CFR 8365 (a)(2) and I am issued a $175 Citation for the offense of Creating a nuisance. Here is the statute: TITLE 43--PUBLIC LANDS: INTERIOR CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR PART 8360--VISITOR SERVICES--Table of Contents Subpart 8365--Rules of Conduct Sec. 8365.0-1 Purpose. The purpose of this subpart is to set forth rules of conduct for the protection of public lands and resources, and for the protection, comfort and well-being of the public in its use of recreation areas, sites and facilities on public lands. [[Page 889]] Sec. 8365.0-2 Objective. The objective of this subpart is to insure that public lands, including recreation areas, sites and facilities, can be used by the maximum number of people with minimum conflict among users and minimum damage to public lands and resources. Sec. 8365.1 Public lands--general. The rules in this subsection shall apply to use and occupancy of all public lands under the jurisdiction of the Bureau of Land Management. Additional rules for developed sites and areas are found in Sec. 8365.2 of this title. Sec. 8365.1-4 Public health, safety and comfort. (a) No person shall cause a public disturbance or create a risk to other persons on public lands by engaging in activities which include, but are not limited to, the following: (1) Making unreasonable noise; (2) Creating a hazard or nuisance; It will probably cost me more money in gas than the fine itself to fight the fucking thing, but something smells funny about the jurisdiction. Does a CFR apply to a State-Owned HWY? I thought I would throw it out there for your analysis. Lawrocket? Attached the citation...at least it says BASE, so it's suitable for framing. - Harvey, BASE 1232 TAN-I, IAD-I, S&TA BLiNC Magazine Team Member Quote Share this post Link to post Share on other sites
base428 1 #2 March 25, 2008 Creating a hazard or nuisance is vague, which leaves it to the ranger to decide your fate (if he's even legally able to). If you took precautions to insure no vehicles or foot traffic would be affected by your parachute landing, you weren't creating a hazard or nuisance. Your video evidence and/or groundcrew's testimony might get you off the hook, showing you didn't affect anyone and that you exhibited good judgment. Then again, I don't see how a BLM ranger can enforce Dept of Interior CFR's on a state road. I'd fight that charge all the way and set a precedent. There have been too many instances of rangers twisting the laws in their favor (mechanized transport in wilderness areas, for example). Good luck. PS. Ask Rick Harrison (USBA). He might be able to help. PPS. New River NPS made a jurisdiction agreement with CSX, who owns the railroad tracks below the bridge, reportedly in order to lawfully arrest base jumpers who landed there. There are lots of behind the scenes deals going on, unfortunately.(c)2010 Vertical Visions. No unauthorized duplication permitted. <==For the media only Quote Share this post Link to post Share on other sites
Para_Frog 1 #3 March 25, 2008 Quote PS. Ask Rick Harrison (USBA). He might be able to help. Way ahead of ya.- Harvey, BASE 1232 TAN-I, IAD-I, S&TA BLiNC Magazine Team Member Quote Share this post Link to post Share on other sites
lawrocket 3 #4 March 25, 2008 I don't know that question. You'd have to get some discovery regarding any agreements between the state and the BLM. If the state has ben given license to utilize BLM land then it would fall under federal jurisdiction ("jx" - yeah, I'm, lazy). It would take some heavy briefing, etc., to get a rulign that the BLM was without jx to issue the citation. However, there are ways of making it interesting. Do some google research and prepare a motion challenging the BLM's jx. This means the BLM has to oppose it, and do the work of proving it has the jx to do that. Make the judge rule on the issue. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
kallend 2,146 #5 March 25, 2008 Put someone in uniform and give him a gun and you get what you get.... The only sure way to survive a canopy collision is not to have one. Quote Share this post Link to post Share on other sites
Butters 0 #6 March 25, 2008 Quote Put someone in uniform and give him a gun and you get what you get. The Stanford Prison Experiment"That looks dangerous." Leopold Stotch Quote Share this post Link to post Share on other sites
Para_Frog 1 #7 March 25, 2008 I appreciate the obligatory "Fuck the man" references, but let's get back on topic. This is a jurisdictional conundrum, not an anti-establishment one. Continue.- Harvey, BASE 1232 TAN-I, IAD-I, S&TA BLiNC Magazine Team Member Quote Share this post Link to post Share on other sites
