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Writer's pictureJohn Hart

Over the Land and Off the Road and Into the Law We Go

 Off-roading has long been a cherished pastime for residents of Dunmore, but in recent years, both off-roading and ‘overlanding” have surged in popularity among outdoor enthusiasts across Pennsylvania. This growing demand hasn’t just caught my attention; it has also caught the attention of our state government, prompting the Pennsylvania Department of Conservation and Natural Resources (DCNR) to implement new initiatives aimed at enhancing experiences for all-terrain vehicle users. Recent developments have been introduced statewide to accommodate not only off-roaders but also campers. Just a couple of weeks ago, I had the pleasure of taking my family to Lackawanna State Park, where we camped overnight in a newly established loop designed specifically for RVs with full hookups. These enhancements to our state parks reflect the government’s commitment to improving outdoor recreation. However, as with any recreational activity, prioritizing safety and legal compliance is essential. This article offers crucial tips for safe off-roading and overlanding in Pennsylvania, ensuring that participants adhere to the Pennsylvania Vehicle Code.

 

Understanding Pennsylvania Off-Roading Laws

Before hitting the trails, it’s crucial to understand the legal framework governing off-roading in Pennsylvania. The Pennsylvania Vehicle Code outlines specific regulations regarding the operation of off-road vehicles, including all-terrain vehicles (ATVs), dirt bikes, and other similar vehicles. Key points include:

  1. Registration: All off-road vehicles must be registered with the Pennsylvania Department of Conservation and Natural Resources (DCNR) if they are used on public lands. This registration is necessary for law enforcement and helps promote safety.

  2. Licensing: Operators of ATVs must be at least 16 years old and possess a valid driver's license or a learner’s permit. If you are under 16, you may operate an ATV only if you have completed an approved safety course.

  3. Designated Trails: Off-road vehicles are only permitted on designated trails and areas. It is illegal to ride on private property without permission, and riding on public roads is generally prohibited unless specifically allowed.

  4. Insurance: While not mandated for all off-road vehicles, having insurance can be beneficial in case of accidents or damages. Check with your insurance provider about coverage for off-road vehicles.

 

Safety Tips for Off-Roading in Pennsylvania

To ensure a safe and enjoyable off-roading experience, consider the following safety tips:

1.     Wear Proper Safety Gear. Always wear a helmet and appropriate protective gear, including gloves, goggles, long pants, and sturdy boots. This gear can significantly reduce the risk of injury in case of an accident.

2.     Conduct a Pre-Ride Inspection. Before heading out, inspect your vehicle for mechanical issues. Check the brakes, tires, lights, and other essential components to ensure everything is in working order.

3.     Stay on Designated Trails. Adhering to designated trails helps preserve the environment and protects wildlife. Straying off marked paths can cause damage to ecosystems and lead to fines or legal repercussions.

4.     Travel in Groups. Whenever possible, go off-roading with friends or fellow enthusiasts. Traveling in groups enhances safety, as you can assist one another in case of mechanical issues or emergencies.  You do not want to find yourself stranded in the woods alone!

5.     Be Aware of Your Surroundings. Stay alert for potential hazards, including other riders, pedestrians, wildlife, and changing weather conditions. Always be prepared to adjust your speed and path accordingly.

6.     Follow Speed Limits. Many trails have posted speed limits. Respect these limits, as they are in place to ensure the safety of all users on the trails.

7.     Stay Hydrated and Take Breaks. Off-roading can be physically demanding, especially in the heat. Bring plenty of water and take breaks as needed to prevent fatigue.

8.     Know Emergency Procedures. Familiarize yourself with the nearest hospitals and emergency contacts in the area. Carry a basic first aid kit and know how to use it.  A quick Google search or even Pinterest search will give you a great list of essential items.  For example: if you own a vehicle and live in NEPA, always always always have an emergency blanket in the glovebox.  When I was a teenager, I ran out of gas during the winter, and really wish I had one then. 

9.     Avoid Alcohol and Drugs. Never operate an off-road vehicle while under the influence of alcohol or drugs. This is not only illegal but also significantly increases the risk of accidents.  Many people often don’t realize that driving an ATV while under the influence is just as deadly as a motor vehicle and just as illegal.  Our firm has represented several individuals who were charged with DUI while operating an ATV and even those charged with homicide by vehicle while driving under the influence.

10.  Take a Safety Course. Consider enrolling in an off-road safety course. These courses provide valuable information on safe riding practices and vehicle maintenance.

 

Overlanding: A Growing Hobby

 

What is Overlanding?

Overlanding is an adventurous form of travel that involves camping and exploring remote areas with a self-sufficient vehicle. Unlike traditional camping, which might focus on a specific campsite, overlanding emphasizes the journey and the exploration of nature and off-the-beaten-path locations. Participants often modify their vehicles for off-road capability and comfort, allowing for extended trips in various terrains. 

 

Legal Implications of Sleeping in Your Vehicle

While overlanding can be an exciting way to experience the outdoors, there are legal considerations to keep in mind, especially regarding sleeping in your vehicle overnight:

  1. Local Ordinances: Many municipalities have ordinances that prohibit sleeping in vehicles parked on public streets or in certain areas. It’s important to check local laws to ensure compliance.

  2. Private Property: If you plan to sleep in your vehicle on private property, always obtain permission from the property owner. Unauthorized parking can lead to trespassing charges.

  3. State Parks and Forests: In Pennsylvania, state parks and forests often have designated camping areas where sleeping in your vehicle is allowed. Always check for specific regulations and obtain any necessary permits.

 

Tips for Safe Camping

  • Choose Safe Locations: Opt for established campgrounds or designated overlanding sites where overnight parking is allowed.  There are a lot of different GPS-based apps out there now that are great in helping you know where you are, including who owns the land (we’ll touch base on that below) and even provides sections for users to leave reviews and comments on spots they’ve been to before.

  • Follow Leave No Trace Principles: Respect the environment by minimizing your impact. Pack out what you pack in and avoid disturbing wildlife.

  • Secure Your Vehicle: Always lock your doors and keep valuables out of sight to deter theft.

 

Researching Land Use Regulations

When planning to off-road or overland in Pennsylvania, it’s essential to research the land you will be using. Depending on the district and title of the land, you might have to adhere to different rules and regulations.

For instance, I recently attended an overlander meet and greet at a state forest hosted by some gentlemen administering a Facebook group. (*Highly recommend checking out Pennsylvania Overland & Offroad Facebook group*) It was a great event that allowed fellow hobbyists to check out each other’s rigs and have conversations over coffee. All was well until representatives from the DCNR and Game Commission arrived to disperse our gathering, citing that the parking lot had too many cars and constituted an unsanctioned “group,” which would require a permit. The hosts were unaware of this requirement because it was not readily available online or through other sources; it was buried within Pennsylvania hunting guidelines. As it turned out, the parking lot was situated on state game lands, not state forest lands as everyone had thought.

This experience highlights the importance of conducting thorough research regarding applicable rules and regulations. If you’re planning an event, it’s wise to contact your local DCNR office to ensure you are compliant with all necessary requirements. These regulations may not always be obvious or easily accessible but understanding them is crucial for a safe and enjoyable experience.

 

Safety Checks for Adding Gear to Your Vehicle

If you’re modifying your vehicle for overlanding or adding gear such as roof racks, it’s important to conduct safety checks:

1. Weight Distribution. Ensure that any added gear does not exceed your vehicle’s weight limit. Uneven weight distribution can affect handling and stability.

2. Secure Attachments. Check that all equipment is securely fastened to prevent it from becoming a hazard while driving. Loose items can cause accidents or injuries.  When bolting accessories to your vehicle, remember thread lock is your friend.

3. Brake and Suspension System. After adding gear, inspect your vehicle’s brakes and suspension system to ensure they can handle the additional weight.

4. Test Drive. Take your vehicle for a short test drive after modifications. Pay attention to handling, braking, and any unusual noises that may indicate a problem.

5. Regular Maintenance. Regularly maintain your vehicle, especially if you frequently go off-roading or overlanding. This includes checking tire pressure, oil levels, and other critical components.

 

Off-roading and overlanding in Pennsylvania can be thrilling and rewarding experiences, offering a chance to explore the state’s natural beauty. However, prioritizing safety and legal compliance is essential. By following the tips outlined in this article and adhering to Pennsylvania’s vehicle laws, you can ensure a safe and enjoyable adventure.

 

Disclaimer

This article is intended for informational purposes only and should not be considered legal advice. For specific legal inquiries or concerns regarding off-roading and overlanding regulations, it is advisable to consult with a qualified attorney or local authorities. If you have questions about your rights and responsibilities while engaging in these activities, please contact our office for assistance.  And as always, be smart… call Hart.

 


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