- Subject: NPS Morning Report - Friday, January 5, 1990
- Date: Fri, 5 Jan 1990
RANGER ACTIVITIES DIVISION
MORNING REPORT
Attention: Directorate
Regional and Park Chief Rangers, USPP, BIFC, FLETC
CC: RAD Information Net
Day/date: Friday, January 5, 1990
INCIDENTS
No new incidents reported.
OFFICE NOTES
1) The final rule on the mandatory use of safety belts in NPS areas was
published in the Federal Register on December 13, 1989 and becomes effective in
January 10, 1990. The NPS seatbelt regulation being implemented by this
rulemaking requires that a motor vehicle operator and all front seat passengers
be restrained by a properly fastened seatbelt while the motor vehicle is in
motion. Children, as defined by applicable state law, are required to be
restrained in accordance with state law. The burden of compliance is placed
upon the operator. According to figures provided by staff of the National
Highway Traffic Safety Administration, all states have child restraint laws in
effect; another 31 states and the District of Columbia have mandatory seatbelt
laws in effect. In states that do have a mandatory seatbelt law in effect which
can be enforced in NPS areas, the NPS will continue to enforce the applicable
state seatbelt law, regardless of whether the provisions of state law are
identical to or different from the provisions of this regulation. If some
provision of state law prevents the enforcement of the state's mandatory
seatbelt regulation within a park, then the NPS regulation will be enforced.
The regulation does not apply to a motor vehicle operator or passenger who is
occupying a seat that was not originally equipped with a seatbelt by the vehicle
manufacturer, nor does it apply to a person with a medical condition that
prevents restraint by a seatbelt. Here's the full citation as it will appear in
36 CFR 4.15:
(a) This section applies in any park area, or portion thereof, that is located
within a State in which there is no State law in effect that requires the
mandatory use of a vehicle safety belt by the vehicle operator and any front
seat passenger. It also applies in any park area, or portion thereof, that is
located within a State in which any provision of State law renders the
enforcement of that State's mandatory safety belt law unenforceable in the park
area.
(b) This section does not apply to an operator or a passenger of a motor vehicle
occupying a seat that was not originally equipped by the manufacturer with a
safety belt nor does it apply to an operator or passenger with a medical
condition that prevents restraint by a safety belt or other occupant restraining
device.
(c) The operator of a motor vehicle is prohibited from operating a motor vehicle
in motion unless the operator and each front seat passenger is restrained by a
properly fastened safety belt that conforms to applicable United States
Department of Transportation standards, except that children, as defined by
State law, shall be restrained as provided by State law.
(d) An authorized person may not cause an operator of a motor vehicle to stop
the motor vehicle for the sole purpose of determining whether a violation of
paragraph (c) of this section is being committed.
2) The Office of Personnel Management has approved special pay rates for rangers
in the San Francisco area. The rates go into effect on the first day of the
first full pay period of the year, i.e. January 14th. The rates will apply to
rangers working in Contra Costa, Marin, San Francisco and San Mateo Counties.
STAFF STATUS
Farabee on AL, Kreis on SL.
Prepared by WASO Division of Ranger Activities
Telephone: FTS 343-4874/6039 or 202-343-4874/6039
Telefax: FTS 343-5977 or 202-343-5977
CompuServe: WASO-RANGER
SEAdog: 1/650 (Phone: 343-6014; BAUD:2400)