Sam Williams
September 2nd 04, 08:10 PM
On Sun, 29 Aug 2004 00:24:58 +0000, Mike Vandeman wrote:
> On Fri, 27 Aug 2004 15:37:13 -0700, "Jeff Strickland" > wrote:
>
> .You're an idiot Vandeman. Day Use DOES NOT mean use during the daytime only,
> .it means no over night use. Sheesh!
>
> Hint: Day is not the same as night. DUH!
First off, IANAL, and this is all just my opinion..
However, in this country (UK) the legal meanings of daytime and night-time
seem to have no clear definition. However, most statutory guidance seems
to have adopted something similar to the following definition of
night-time: the period during which the adult population can reasonably be
expected to be asleep, or is preparing for sleep.
Most local authorities seem to interpret the night-time period to be 11pm
until 7am. Therefore "daytime use only" could logically be construed to
mean between 7am and 11pm. In the middle of winter, this would include
about 5-6 hours in the evening during which it is dark.
From the wording of the original post, which is relaxed in style and
language, it seems very likely that the IMBA representative
actually meant riding while it was dark, rather than at night per say.
After all, mountain bikers are people too and many enjoy their sleep.
A rigid interpretation of the word 'night' as meaning when the park is
closed, over the more common use in a relaxed English style where it is
often taken to mean the hours when it is dark, would seem unreasonable.
Therefore it seems to me that the IMBA representative was simply promoting
riding in the EVENING while the park was still open, which would be in
keeping with 'daytime use'. Apart from being the only time that people
with 9-5 jobs can actually get to the parks, this is likely to reduce the
probability of trail use conflicts as there are very few other users
around.
Most of the parks here are open during winter evenings, despite the fact
that is is dark. They usually close the car park gates when they
shut, as a visible sign to dissuade people from entering.
Riding in the dark evenings while the park is open seems like a sensible
suggestion to me, provided they take sensible precautions in case they
sustain a debilitating injury.
DUH!
2trax.
> .
> .All that is needed is for the rider to return before the ranger comes around
> .to lock the gate. I think thej original poster has an excellent idea to ride
> .without impacting hikers, all he need to do is get back to the car before
> .the rangers come around to lock the gates. A Day Use park is going to be
> .open from 0800 to 2100, or some such time - the actual time is not
> .important, only the idea that there is an opening time and a closing time is
> .important to understand. Visitors are not allowed to remain past closing
> .time, that is they can use the park for a day at a time, not several days
> .continuously. Of course, you can go back day after day, but you can not
> .remain there continuously through an entire 24 hour period.
> .
> .
> .
> .
>
> ===
> I am working on creating wildlife habitat that is off-limits to
> humans ("pure habitat"). Want to help? (I spent the previous 8
> years fighting auto dependence and road construction.)
>
> http://home.pacbell.net/mjvande
> On Fri, 27 Aug 2004 15:37:13 -0700, "Jeff Strickland" > wrote:
>
> .You're an idiot Vandeman. Day Use DOES NOT mean use during the daytime only,
> .it means no over night use. Sheesh!
>
> Hint: Day is not the same as night. DUH!
First off, IANAL, and this is all just my opinion..
However, in this country (UK) the legal meanings of daytime and night-time
seem to have no clear definition. However, most statutory guidance seems
to have adopted something similar to the following definition of
night-time: the period during which the adult population can reasonably be
expected to be asleep, or is preparing for sleep.
Most local authorities seem to interpret the night-time period to be 11pm
until 7am. Therefore "daytime use only" could logically be construed to
mean between 7am and 11pm. In the middle of winter, this would include
about 5-6 hours in the evening during which it is dark.
From the wording of the original post, which is relaxed in style and
language, it seems very likely that the IMBA representative
actually meant riding while it was dark, rather than at night per say.
After all, mountain bikers are people too and many enjoy their sleep.
A rigid interpretation of the word 'night' as meaning when the park is
closed, over the more common use in a relaxed English style where it is
often taken to mean the hours when it is dark, would seem unreasonable.
Therefore it seems to me that the IMBA representative was simply promoting
riding in the EVENING while the park was still open, which would be in
keeping with 'daytime use'. Apart from being the only time that people
with 9-5 jobs can actually get to the parks, this is likely to reduce the
probability of trail use conflicts as there are very few other users
around.
Most of the parks here are open during winter evenings, despite the fact
that is is dark. They usually close the car park gates when they
shut, as a visible sign to dissuade people from entering.
Riding in the dark evenings while the park is open seems like a sensible
suggestion to me, provided they take sensible precautions in case they
sustain a debilitating injury.
DUH!
2trax.
> .
> .All that is needed is for the rider to return before the ranger comes around
> .to lock the gate. I think thej original poster has an excellent idea to ride
> .without impacting hikers, all he need to do is get back to the car before
> .the rangers come around to lock the gates. A Day Use park is going to be
> .open from 0800 to 2100, or some such time - the actual time is not
> .important, only the idea that there is an opening time and a closing time is
> .important to understand. Visitors are not allowed to remain past closing
> .time, that is they can use the park for a day at a time, not several days
> .continuously. Of course, you can go back day after day, but you can not
> .remain there continuously through an entire 24 hour period.
> .
> .
> .
> .
>
> ===
> I am working on creating wildlife habitat that is off-limits to
> humans ("pure habitat"). Want to help? (I spent the previous 8
> years fighting auto dependence and road construction.)
>
> http://home.pacbell.net/mjvande