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The cited regulation[1] defines a "high clearance four-wheel-drive vehicle" as

A Jeep, sport utility vehicle (SUV), or truck type with at least 15-inch tire rims and at least eight inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground. Four wheel drive vehicles have a driveshaft that can directly power each wheel at the same time and a transfer case that can shift between powering two wheel or four wheels in low or high gear. All wheel drive (AWD) vehicles do not meet this definition.

First, note that all recent Crosstrek models have 17" wheels and minimum ground clearance of 8.7" or more, so the only potential issue is "all wheel drive".

The last sentence is at best non-normative, so the actual requirements appear to be:

1. The ability to power all four wheels at once.

2. A drivetrain that includes a transfer case capable of switching between two- and four-wheel drive and, in four-wheel-drive mode, between two distinct gear ratios.

In particular, the regulation says nothing about differential locks.

Obviously the Crosstrek has (1), but not (2), so the citation is valid.

OTOH, (2) not only excludes Subaru-style all-wheel-drive systems and AFAIK all electric vehicles, but also several full-time four-wheel drive vehicles clearly designed for off-road use, including the Toyota Land Cruiser[2] and the military-issue AM General HMMVW[3], for no other reason than the lack of a two-wheel drive mode.

[1] https://www.nps.gov/cany/learn/management/compendium.htm

[2] https://www.landcruiserforum.com/manuals/2024-toyota-landcru...

[3] https://gear-report.com/wp-content/uploads/2017/03/Operators...



Definitions are hard. By that wording, any Land Cruiser outside the 70 series is forbidden because they're a full time 4WD. Nobody will argue that an 80, 100 or 200 series cruiser isn't a very capable 4WD.

I don't begrudge the parks people that wrote the regulation, though. Fundamentally what they're trying to say is just "Don't be dumb, only drive the trails in a vehicle that you know is capable, and if you don't have the experience to know that you have your answer".

The job of the regulation is to give them the ability to deliver an enforcement action where it's warranted. The job of the rangers is to use their judgement in a given situation, and either pull someone up or just wave hello. That's what's happened here, the system works.


I begrudge them. The law can simply say what you paraphrased and not try to get into nitty gritty, and leave it at good ol common sense. It's funny how when we interpret laws, they stop at what THEY consider common sense and not at the level that EVERYONE considers common sense. What I mean by that is, say you try to argue (for whatever reason) that your vehicle DOES meet the definition that was oh-so-difficult to write (Won't someone think of the law clerks?), they clearly have a conclusion already in their mind that they are so benevolently protecting us from, and YOU VIOLATED IT, YOU FIEND. But say you get up on the stand and try to argue the exact circumstances of your vehicle, you had a record of every bump and balance point, an IMS log, and a log PROVING the wheels never once slipped, even though you "DIDN'T HAVE 4WD". You could go as far as you want proving them wrong. In the end they'll just tell you to stop trying to be so pedantic and proclaim you guilty.




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