Motorcycle Industry
HR 3247 – Solid as the Rockies or a Slippery Slope?
By B2
Oct 13, 2003, 9:30am

Recently U.S. Representative Tom Tancredo (R – CO) introduced HR 3247 titled “Trail Responsibility and Accountability for the Improvement of Lands Act (TRAIL Act) of 2003” to the U.S. House of Representatives. This bill would increase the penalties for those that willfully cause damage to designated trails. Expanding the penalty from a class B to a class A misdemeanor, increasing of the fines, potential imprisonment and all legal costs associated with the action being paid by the person held liable for the act.

This is a very good thing to see. Placing responsibility squarely on the shoulders of the individual that causes the damage will make people more responsible for their actions.

While there is widespread agreement on this side of the proposed legislation, the details of what “damage” is was left a bit grey for the tastes of many. A 500 horse power sand rail with paddles can leave a trench a foot wide and hundreds of feet long when the gas foot gets a bit heavy. A similar thing applies to today’s thumper off road bikes. Is this willfully damaging the trail? Can a person that wants to play with their power and torque be at risk of being fined, imprisoned and/or responsible for legal fees?

Defining and detailing out what “willfully damaging” is will put this part of the proposed bill to rest and allow for a more black and white approach to enforcement rather than leaving it to the enforcement agency to decipher and apply their opinions to.

While legislation is the answer, clearly defined legislation will give the desired results. Enforcement, trial users and all agencies will be able to be on the same page and the costs associated will be lowered when it comes to education and training. Communication will be clearer between agencies as well as the communications from agencies to users.

This has the potential to be a very much needed piece of legislation. Support it with your State Representative and ask for the final touch of defining what “damage” and “willfully damaging” are. The result will be environmentally sound, fiscally smart and easy for us, the users, to understand.

References:
Congressional Records:
http://thomas.loc.gov/cgi-bin/query/r?r108:@OR+(+@1(H.R.+3247)++@1(H.+R.+3247)++)
Bill Summary and Status:
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.03247:

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