[pct-l] Wilderness Act and bicycles

[Timothy Nye]

Equally, any regulation is a creature of the statute which it seeks to implement.  If the regulation is contradicted and or inconsistent with the plain language of the statute, in this case the Act, then it is invalid and must be struck down.  The signing statutes or other evidence of legislative intent may be examined in case of any ambiguity in the statute to ensure proper regulatory compliance is achieved.

Sent from my iPad

On Oct 10, 2012, at 8:04 PM, ambery-80243 at mypacks.net wrote:

> 
> 
> 
> -----Original Message-----
> Timothy Nye wrote:
>> 
>> 
> "I'll make this point again for the third time today. The Wilderness Act was passed and signed into law in 1964. The first mountain bike was cobbled together in Northern California in the late 1970's. It is disingenuous to claim mountain bikes were intended to be included within the ambit of the Act before they were invented, became popular and entered popular consciousness and mass production.  Up until 15 years after the Act bicycles were conceived as being limited to paved surfaces. How is it that Congress intended mountain bikes be included in the Act? Wait! I know! Time travel!! (Head slap)" 
>> 
> 
> The Code of Federal Regulations regarding wilderness was amended in 2000, and one of the amendments was to define the term "mechanical transport":
> 
> CFR 6301.5  Definitions   
> states:
> 
> Mechanical transport means any vehicle, device, or contrivance for moving people or material in or over land, water, snow, or air that has moving parts. This includes, but is not limited to, sailboats, sailboards, hang gliders, parachutes, bicycles, game carriers, carts, and wagons. The term does not include wheelchairs, nor does it include horses or other pack stock, skis, snowshoes, non-motorized river craft including, but not limited to, drift boats, rafts, and canoes, or sleds, travois, or similar devices without moving parts.
> 
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