(a) Prohibited acts. You must not—
(1) Fail to obtain a use permit or pay any fees required by this subpart;
(2) Violate the stipulations or conditions of a permit issued under this subpart;
(3) Fail to pay any fees within the time specified;
(4) Fail to display any required proof of payment of fees;
(5) Willfully and knowingly possess, use, publish as true, or sell to another, any forged, counterfeited, or altered document or instrument used as proof of or exemption from fee payment;
(6) Willfully and knowingly use any document or instrument used as proof of or exemption from fee payment, that the BLM issued to or intended another to use; or
(7) Falsely represent yourself to be a person to whom the BLM has issued a document or instrument used as proof of or exemption from fee payment.
(b) Evidence of nonpayment. The BLM will consider failure to display proof of payment on your unattended vehicle parked within a fee area, where payment is required to be prima facie evidence of nonpayment.
(c) Responsibility for penalties. If another driver incurs a penalty under this subpart when using a vehicle registered in your name, you and the driver are jointly responsible for the penalty, unless you show that the vehicle was used without your permission.
(d) Types of penalties. You may be subject to the following fines or penalties for violating the provisions of this subpart:
| If you are convicted of . . . | then you may be subject to . . . | under . . . |
|---|---|---|
| (1) Failing to obtain a permit under paragraph (a)(1) of this section, or any act prohibited by paragraph (a)(4), (5), or (6) of this section | A sentence of a fine and/or imprisonment for a Class A misdemeanor in accordance with 18 U.S.C. 3571 and 3581 et seq | The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)). |
| (2) Violating any regulation in this subpart or any condition of a Recreation Use Permit | A sentence of a fine and/or imprisonment for a Class A misdemeanor in accordance with 18 U.S.C. 3571 and 3581 et seq | The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)). |
| (3) Failing to pay a Recreation Use Permit fee required by paragraph (a)(1) of this section, or any act prohibited by paragraph (a)(3) of this section | A fine not to exceed $100 for the first offense, or a sentence of a fine and/or imprisonment for a Class A or B misdemeanor in accordance with 18 U.S.C. 3571 and 3581 et seq. for all subsequent offenses | The Federal Lands Recreation Enhancement Act (16 U.S.C. 6811). |
[69 FR 5706, Feb. 6, 2004, as amended at 72 FR 7836, Feb. 21, 2007]
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