However the Adventure passes are being reviewed (and in a good way for all of us outdoor folk). Check out
www.freeourforests.org
This is some really interesting reading that may help out, if your cited for non-compliance.
Court Cases:
The following cases involve alleged violations of the Forest Service's Recreation Fee Demonstration Program. Since this program is the parent of the Adventure Pass and the Northwest Forest Pass programs, these cases directly affect the enforcement of these passes.
One common issue that can be summarized about these court cases is that the Forest Service has problems with enforcement when violations go to court. Since most often the occupant of a vehicle is not present at the time of the issuance of a NON, the Forest Service has had a number of cases thrown out of court by judges throughout the country.
There have been only a few cases known to Free Our Forests of an Adventure Pass violator in court in Southern California, but in other states, the Forest Service has brought many cases to court. No one has been fined for an Adventure Pass violation, but fines have been issued for failure to comply with other Fee Demo projects around the country. Often, though, judges toss out the charges or prosecutors drop the charges. Most dismissals of cases are due, again, to the fact that occupants are often away from their vehicle. The burden of proof is on the issuing officer, and unless that officer sees you recreating, or you testify in your own defense (allowing the prosecutor to ask if you recreated), the citation will likely be dismissed. This basic constitutional right was backed up in an August, 2001 ruling from a federal magistrate in Arizona who ruled that the Forest Service could not issue a citation to an unattended vehicle. In another April, 2003 ruling, however, a Washington magistrate ignored arguments that a citation could not be issued to a vehicle.
In one court case involving an Adventure Pass violation - in which the charges were dismissed - a U.S. Magistrate stated that the program was "discretionary." The violator did not have an Adventure Pass, but he was not given a NON. Instead, he was cited with a parking ticket and a violation for disobeying a posted sign. The sign that the violator did not obey, interestingly enough, stated that an Adventure Pass is required to park in the Angeles National Forest.
Another problem that the Forest Service has in enforcement is that the Code of Federal Regulations (36 CFR 261.15) that is used to prosecute violations says nothing about requiring a pass or decal to be displayed on a vehicle. A technicality, but some judges toss cases out on this problem alone.
Hmmm...