[pct-l] Fw: Wheeled Backpack

Barry Teschlog tokencivilian at yahoo.com
Wed Jan 23 14:18:39 CST 2013


Dan asked:
Where can I find the regulations regarding prohibition a wheelbarrow
in wilderness areas? I can't find it myself. Is this possibly a
prohibition made by the managers of each individual wilderness area? 
Reply:

One need merely go straight to the plain language of the Act itself.


See section 4C of the act.
http://www.wilderness.net/nwps/legisact#5


"...no other form of mechanical transport..." is the language the Act uses to ban wheelbarrows and bikes after going through various powered forms of mechanical transport that are banned by name / type.  I'd observe that there are no qualifiers or modifiers to this phrase of "no other form of mechanical transport" as it applies to the public.  


The only qualifier / exception to this blanket prohibition is:

"except as necessary to meet minimum requirements for the administration 
of the area for the purpose of this Act (including measures required in 
emergencies involving the health and safety of persons within the area)".

And that qualifier doesn't apply to USERS, only to administration / administrators.  That is why the Park Service (sometimes) uses chain saws (as an example) within Wilderness parts of the National Parks - since they're administering the lands, which is specifically permitted by the plain language of the act.


On to wheelbarrows (and bikes):


Simple Machines:
http://en.wikipedia.org/wiki/Simple_machine
Includes Wheel and axle.

"transport"http://dictionary.reference.com/browse/transport
noun

5.  a means of transporting or conveying, as a truck or bus.

A wheel and axle is a machine by definition.

Transport is a means of transportation per the dictionary definition.  


A wheelbarrow, which is a bucket attached to a wheel and axle with lever(s) for handles, is a means used to transport various goods or material, typically earth, rock, soil, bark, etc.

Therefore, a wheelbarrow is a mechanical transport (consisting of both machines, wheel and axle, plus levers for that matter, and being a form a transport typically used for bulk goods named above) and hence prohibited by the plain language and meaning of the Wilderness Act (as bikes are also prohibited, again, by a plain language - bikes being a mechanical transport for people.  I'd also note that horse drawn wagons are also banned for the same reasons - being mechanical transport for both people and goods even if they are, in fact, not powered except by muscle).

By way of comparison, a horse is NOT a machine, it's an animal.  Even though it's a means of transport, or in the noun sense "transport", it's not mechanical in nature, hence not banned by the plain language (it passes the "transport" test, yet fails at being "mechanical").  Ditto for people carrying themselves or things into Wilderness - they're animal, not mechanical means of transport.


More information about the Pct-L mailing list