an area designated by a uniform waterway marker or a white buoy, having a horizontal international orange band at the top and bottom and an international orange diamond with cross on the white portions of the buoy, or between a line of such markers or buoys.

(g) No vessel propelled by machinery shall be operated within 500 feet of any designated swimming area, except within marked channels in which instance slow speed shall be maintained.

(h) All vessels shall proceed with due caution and at a slow speed while underway when in the vicinity of any diver's marker, designated by a standard squareshaped flag containing a white diagonal stripe on a red field.

(1) No vessel shall be operated in excess of 5 miles per hour within designated harbors or in any area designated by a uniform waterway marker or white buoy, having a horizontal international orange band at the top and bottom and an international orange circle with a black "5 MPH" therein on the white portions of the buoy, or between a line of such buoys and the nearest shore.

(j) Attaching a vessel to or interfering with any marker, navigational buoy, or other navigational aid is prohibited.

(k) Operating any vessel in a manner which will unreasonably interfere with other vessels or with free and proper navigation of the waterways is prohibited. Anchoring in heavily traveled channels or main thoroughfares shall constitute such interference if unreasonable in the prevailing circumstances.

(1) Every vessel which is propelled on the waters by an internal combustion engine shall be equipped with a muffler so constructed as to prevent any intense or prolonged noise in the operation of such vessel, and the said muffler shall not be removed, cut down, or put out of operation for any purpose, except upon authorization of the Superintendent during periods of regattas. Nothing contained in this paragraph shall apply to vessels equipped with underwater exhausts or to vessels discharging water through open exhaust pipes, so long as these methods of silencing the exhaust are effective.

(m) Leaving any vessel unattended, outside of designated mooring or beaching areas, for a period in excess of 24 hours without prior written permission of the Superintendent is prohibited, and any vessel so left may be impounded by the Superintendent.

(n) Vessels equipped with a propeller above the water line, commonly referred to as an "airboat” are prohibited.

(0) In natural and historical areas no vessel 40 feet or more in length shall be placed in or operated on the fresh waters, except the waters of the Great Lakes: Provided, however, That this paragraph shall not apply to concessionoperated sightseeing or ferrying vessels.

(p) In recreational areas no vessel more than 65 feet in length shall be placed in or operated on the fresh waters, except the Great Lakes: Provided, however, That this paragraph shall not apply to concession-operated sightseeing or ferrying vessels.

(q) No log boom, pier, dock, fence, pile, raft, anchorage, or other obstruction shall be installed in the waters.

(r) The provisions of this section shall not apply to vessels operated for official use by any agency of the United States, or of the States or political subdivisions thereof in which the waters are situated. §3.15 Restricted waters.

(a) No vessel shall be operated on any waters which are zoned or marked as migratory bird waters, or for fish cultural or wildlife uses.

(b) No vessel shall approach any dam or other engineering works closer than the limits posted with appropriate signs or markers.

(c) The Superintendent may close or otherwise restrict the use of any body of water when necessary to protect life or property, or for any other emergency. Such restricted area shall be defined, whenever practicable, by signs or markers and shall be designated on a map or chart, copies of which shall be conspicuously posted at places such as public docks and launching sites.

(d) The Superintendent may, by the posting of appropriate signs, restrict the loading, unloading, or mooring of privately owned vessels at Governmentowned docks, piers and floats.

(e) The Superintendent may, by the posting of appropriate signs, establish limitations on the time allowed for camping on or from vessels, either in single periods, or combined separate periods, in any area waters or portions thereof.

§3.16 Other safety requirements.

(a) All vessels, except motorboats of Classes 2 and 3 and motor vessels, shall be equipped with oars or paddles while underway.

(b) No vessel, while underway, shall carry more than a safe capacity load in persons or total weight, taking into consideration water and weather conditions, hull configuration, and intended use: Provided, That the passenger loading capacity defined in the "Certificate of Inspection" for vessels inspected by the U.S. Coast Guard shall govern over any limit ascertained by application of a formula for determining maximum safe loads.

(c) All vessels of open construction shall carry a suitable bailing bucket, in addition to whatever bilge pumps or automatic bailing devices with which the vessel may be equipped.

(d) All vessels, except those capable of being safely beached, shall be equipped with an anchor and line of sufficient weight and length to securely anchor such vessel.

§3.17 Water sanitation.

(a) In fresh waters, except the Great Lakes, the draining, dumping, or discharging of wastes or refuse, including human wastes, into the waters from any vessel is prohibited.

(b) In salt waters and in the Great Lakes, the draining, dumping, or discharging of wastes or refuse, including human wastes, into the waters from any vessel is prohibited within the boundary of the federally owned or controlled area administered by the National Park Service; or, if such boundary extends more than 1 mile from the mean low waterline of the nearest shore, within such 1-mile limit.

(c) All vessels shall have a waste receptacle aboard. Receptacles shall be emptied only into facilities provided at docks or other specified places.

[31 F.R. 16655, Dec. 29, 1966, as amended at 32 F.R. 8294, June 9, 1967]

AUTHORITY: The provisions of this Part 4 issued under sec. 1 and 3, 39 Stat. 535, as amended; sec. 1, 47 Stat. 1420; 60 Stat. 885, as amended; sec. 2, 49 Stat. 666; 16 U.S.C. 1, 3, 9a, 17j-2, 462; and acts relating to the individual areas.

SOURCE: The provisions of this Part 4 appear at 31 F.R. 16659, Dec. 29, 1966, unless otherwise noted.

§ 4.1 State law applicable.

Unless specifically covered by the general and special regulations set forth in this chapter, the laws and regulations of the State within whose exterior boundaries a park area or portion thereof is located shall govern traffic and the operation and use of vehicles. Such State laws and regulations which are now or may hereafter be in effect are hereby adopted and made a part of the regulations in this part.

(a) Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn on land, except snowmobiles and devices moved by human power or used exclusively upon stationary rails or tracks.

(b) Motor vehicle. Every vehicle which is self-propelled and every vehicle which is propelled by electric power, but not operated upon rails, or upon water, except a snowmobile.

(c) Bicycle. Every device propelled by human power upon which a person or persons may ride on land, having one, two, or more wheels.

(d) Motorcycle. Every motor vehicle having a seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

(e) Traffic. Pedestrians, ridden or herded animals, vehicles, and other con

veyances, either singly or together while using any road, trail, street or other thoroughfare for purpose of travel.

(f) State. Any State or legal subdivision thereof of the United States, a territory of the United States, the Commonwealth of Puerto Rico, and the District of Columbia.

(g) Authorized emergency vehicle. Any vehicle in official use for emergency purposes by a State or Federal agency, private ambulances, and other vehicles operated by or under the direction of the Superintendent.

(h) Operator. Any person who operates, drives, controls or otherwise has charge of a vehicle.

[31 F.R. 16659, Dec. 29, 1966, as amended at 35 F.R. 11553, July 7, 1970]

$4.3 Bicycles.

(a) Bicycle riders must comply with all applicable traffic regulations. Bicycle riders shall keep well to the side of the road and shall keep the bicycle under complete control at all times. Bicycles shall not be ridden abreast of one another except on roads designed for bicycle use only.

(b) Each bicycle must exhibit a white light on the front and a red light or red reflector on the rear during periods of low visibility or during the period between sundown and sunup.

§ 4.4 Commercial towing service.

An operator of a vehicle used to provide commercial towing service for another vehicle following an accident or for any other reasons must give immediate notice by the quickest available means of communication to the Superintendent before moving the vehicle, unless traffic is being obstructed, in which case notification shall be made before leaving the park area.

§ 4.5 Driver's license.

Driving or permitting another person to drive a vehicle unless such operator has a valid license, when such is required by laws of the State in which the operator is resident or in which the vehicle is registered, is prohibited. A valid driver's or operator's license must be displayed upon the request of any authorized person.

§ 4.6 Driving under influence of intoxicating liquor or drugs.

No operator of a vehicle shall be under the influence of intoxicating liquor or drugs.

The giving of any false or fictitious report or information to any authorized person investigating an accident or other violation of law or regulations is prohibited.

§ 4.10 Following vehicles.

The operator of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the roadway. The responsibility for conformance with this section rests with the operator of the following vehicle.

§ 4.11 Load, weight, length, and width limitations.

(a) Load, weight, length, and width limitations of vehicles except as provided herein shall be in accordance with applicable State law: Provided, however, The Superintendent may by the posting of appropriate signs, establish lesser limits, when limits within the State are determined to be greater than sufficient and proper for preservation of the roadway and the safety and welfare of the public, and may also establish hours during which heavy equipment may be operated over government roads.

(b) No vehicle, or load thereon, the total outside width of which exceeds 8 feet, shall be permitted on park roads without a permit from the Superintendent.

(c) Trailers more than 35 feet long are prohibited without a permit from the Superintendent.

(d) The transporting of explosives in any quantity or form without a permit from the Superintendent is prohibited.

(a) Stopping, parking, or leaving any vehicle, whether attended or unattended, upon the paved or maintained surface of a road so as to leave less than 10 feet of the width of the same traffic lane for the free or unobstructed movement of other vehicles or upon a designated fire lane is prohibited, except in the event of accident or other conditions beyond the immediate control of the operator, or as otherwise directed by an authorized person.

(b) Causing or permitting a motor vehicle under one's control to obstruct traffic by making turns from the wrong traffic lane, or by weaving in and out of traffic, or by driving so slowly as to interfere with the normal flow of traffic, or in any other manner, is prohibited. § 4.14 Reckless or careless driving.

Driving or operating any vehicle carelessly or heedlessly, or in willful or wanton disregard for the rights or safety of other persons, or without due care or at a speed greater than is reasonable and prudent under prevailing conditions, having regard to traffic, weather, wildlife, road, and light conditions, and surface, width, and character of the road, is prohibited. Every operator shall maintain such control of the vehicle as may be necessary to avoid danger to persons or property or wildlife.

§ 4.15 Report of vehicle accident.

(a) The operator of any vehicle involved in collision or upset resulting in damage to property or injury to or death of any person shall immediately stop such vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of paragraphs (b) and (c) of this section.

(b) The operator of any vehicle involved in collision or upset shall at the time and place of the incident give in writing his name and address and identi

fication of his vehicle to the operator or owner of other property involved.

(c) The operator of any vehicle involved in collision with an unattended vehicle or other property in the absence of the owner shall at the time and place of incident leave in a secure and conspicuous place a written notice, setting forth the name and address of the operator and owner and identification of the moving vehicle, including State registration and license number.

(d) The operator of any vehicle involved in collision or upset shall give notice of such accident forthwith by the quickest available means of communication to the Superintendent, and shall also provide a written report of the incident within 24 hours when requested by an authorized person. This report does not relieve the operator from the responsibility of making any other motor vehicle accident report which may be required by the State law.

§ 4.16 Right of way.

(a) The operator of any vehicle, when being approached from any direction by any authorized emergency vehicle giving an audible or visual signal, shall yield the right of way to the emergency vehicle.

(b) Pedestrians, saddle horses, pack trains, and horse-drawn vehicles have right of way over motor vehicles. § 4.17 Speed limits.

(a) Except as otherwise provided in this section, driving a vehicle at a speed in excess of the maximum limits prescribed herein, is prohibited.

(1) 15 miles per hour: Within all school zones, campgrounds, picnic areas, parking areas, trailer campgrounds, utility areas, business or residential areas, and other places of public assemblage, and at sites of emergency, such as forest fires or motor vehicle accidents.

(2) 25 miles per hour: Upon sections of roads under repair or construction. (3) 45 miles per hour: Upon all other public roads.

(b) The Superintendent may establish greater or lesser speed limits upon any road or other way when the maximum speed limits set forth above are determined to be greater or less than is reasonable or safe. Such speed limits shall be established by the posting of appropriate signs and no person shall drive any vehicle at a speed in excess of the maximum limits so posted.

(c) The provisions of this section shall not apply to authorized emergency vehicles: Provided, however, That such vehicles shall not be operated at speeds in excess of those which are prudent under the circumstances. § 4.18

Traffic control and signs.

(a) The Superintendent may erect signs which regulate traffic, prohibit or restrict stopping, standing, or parking, the direction of travel, and the hours during which roads and parking areas are open to the public. All persons shall comply with the directions of any signal or posted traffic sign.

(b) All persons shall obey the lawful order or signal of any authorized person directing, controlling, or regulating the movement of traffic.

(c) The operator of a motor vehicle shall comply with and observe all visual or audible signals given by any authorized person directing the operator to bring his motor vehicle to a stop. § 4.19 Travel on roads.

(a) Operating a vehicle outside of established public roads, parking areas, or routes designated by the Superintendent is prohibited. Such routes may be designated by the posting of appropriate signs, or by marking on a map which shall be available for public inspection in the office of the Superintendent, or both.

(b) Operating a vehicle equipped with any fitting or device which damages or is likely to damage the road surface is prohibited: However, This section shall not be construed to prohibit the use of ordinary detachable tire or skid chains or comparable safety devices under adverse road conditions.

5.14

5.15 5.16

Impounding of animals.

Memorialization.

Nuisances.

Prospecting, mining, and mineral leasing.

Residence on Federal lands.

Trespass on Federal lands.

AUTHORITY: The provisions of this Part 5 issued under secs. 1 and 8, 39 Stat. 535, as amended; sec. 1, 47 Stat. 1420; 60 Stat. 885, as amended; sec. 2, 49 Stat. 666; 16 U.S.C. 1, 3, 9a, 171-2, 462, and acts relating to the individual areas.

SOURCE: The provisions of this Part 5 appear at 31 F.R. 16660, Dec. 29, 1966, unless otherwise noted.

§ 5.1 Advertisements.

Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent. Such permission may be granted only if the notice or advertisement is of goods, services, or facilities available within the park area and such notices and advertisements are found by the Superintendent to be desirable and necessary for the convenience and guidance of the public.

§ 5.2 Alcoholic beverages; sale of intoxicants.

(a) The sale of alcoholic, spirituous, vinous, or fermented liquor, containing more than 1 percent of alcohol by weight, shall conform with all applicable Federal, State, and local laws and regulations. (See also § 2.16 of this chapter.)

(b) No such liquor shall be sold on any privately owned lands under the legislative jurisdiction of the United States within Glacier, Lassen Volcanic, Mesa Verde, Mount McKinley, Mount Rainier, Olympic, Rocky Mountain, SequoiaKings Canyon, Yellowstone, or Yosemite National Parks, unless a permit for the sale thereof has first been secured from the appropriate Regional Director.