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Thread: Road Right Of Way

  1. #1
    Member ak_cowboy's Avatar
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    Default Road Right Of Way

    I had someone ask me about the legality of riding quads along the highways in Wasilla and also about obstructions.
    How close to Wasilla can you ride on the side highways? Ex: Bogard, Seldon, Fishhook... I saw someone at Fred Meyers on his ATV and wasn't sure how legal that was lol

    For the obstructions, if someone had placed a couple baseball-size rocks in a 4wheeler trail, did they break the law? I tried finding a statute and didn't see anything under city ordinances.

    What would you suggest that they do?

  2. #2

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    Simple answer, contact the State Troopers. Everything else will at best be someone else's interpretation which may or may not be accurate. Best to go to the source.

  3. #3

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    The specific statewide regulations regarding ATV use within the right of way are in the Alaska Administrative Code: 13 AAC 02.455. Operation on highways and other locations (a) A snowmobile or an off-highway vehicle may be driven on a roadway or shoulder of a highway only under the following circumstances:

    (1) when crossing a highway as provided in (f) of this section, or when traversing a bridge or culvert on a highway, but then only by driving at the extreme right-hand edge of the bridge or culvert and only when the traverse can be completed with safety and without interfering with other traffic on the highway;


    (2) when use of the highway by other motor vehicles is impossible because of snow or ice accumulation or other natural conditions or when the highway is posted or otherwise designated as being open to travel by off-highway vehicles;


    (3) when highway driving is authorized by an authority having jurisdiction over the highway, but only in accordance with restrictions which may be imposed by that authority with regard to highway use; or


    (4) when driven on the right-of-way of a highway which is not a controlled-access highway, outside the roadway or shoulder, and no closer than three feet from the nearest edge of the roadway; night driving may be only on the right-hand side of the highway and in the same direction as the highway motor vehicle traffic in the nearest lane of the roadway; no person may drive an off-highway vehicle within the area dividing the roadways of a divided highway, except to cross the highway as provided in (f) of this section.


    (b) Repealed 6/28/79.


    (c) Repealed 6/28/79.


    (d) Repealed 6/28/79.


    (e) Repealed 6/28/79.


    (f) A snowmobile or an off-highway vehicle may make a direct crossing of a highway if


    (1) the crossing is made approximately at a right angle to the highway and at a location where visibility along the highway in both directions is clear for a sufficient distance to assure safety, and the crossing can be completed safely and without interfering with other traffic on the highway; and


    (2) the vehicle is brought to a complete stop before crossing the shoulder or roadway, and the driver yields the right-of-way to all traffic on the highway.


    (g) No snowmobile or other off-highway vehicle may cross or travel on a sidewalk, a location intended for pedestrian or other nonmotorized traffic, an alley, or a vehicular way or area which is not open to snowmobile or off-highway vehicle operation, except as provided in (f) of this section.

    History: Eff. 12/31/69, Register 31; am 7/23/70, Register 35; am 6/28/79, Register 70

    Authority: AS 28.05.011



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    Member Derby06's Avatar
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    Quote Originally Posted by anchskier View Post
    Simple answer, contact the State Troopers. Everything else will at best be someone else's interpretation which may or may not be accurate. Best to go to the source.
    Very true statement, but I'll put in my .02 anyway on the obstruction part....lol
    If the trail is in the road Right of Way (ROW), I would say someone placing rocks would 'technically' be breaking the law; though I doubt there would ever be a citation issues unless it caused an accident of some sort. But if the trail was veering onto private property, I would say that someone has the right to stop traffic from proceeding on their property. I see this alot alog Seldon and Bogard...

  5. #5
    Member Queen of Kings's Avatar
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    I really doubt that baseball sized rock will slow anyone dowm much!
    2003 220 Hewescraft Sea Runner 115 Yam'y, Soft Top "Schmidt Happens"

  6. #6

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    Quote Originally Posted by Queen of Kings View Post
    I really doubt that baseball sized rock will slow anyone dowm much!
    That probably all depends on where they are placed. A few in a straight section of trail, probably not an issue. A few or more right in a tight corner and it could cause someone to lose control, especially someone on a motorcycle.

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    Member ak_cowboy's Avatar
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    Quote Originally Posted by Derby06 View Post
    Very true statement, but I'll put in my .02 anyway on the obstruction part....lol
    If the trail is in the road Right of Way (ROW), I would say someone placing rocks would 'technically' be breaking the law; though I doubt there would ever be a citation issues unless it caused an accident of some sort. But if the trail was veering onto private property, I would say that someone has the right to stop traffic from proceeding on their property. I see this alot alog Seldon and Bogard...
    That's where I was seeing it too. Technically the ATVs and other vehicles in the ditches are supposed to maintain a speed of 10mph or less as well as come to a stop before crossing any streets or driveways. I have yet to see that happen lol

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    Moderator LuJon's Avatar
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    Personally I dread the day that we eliminate the off-road access around the valley. It is has been one of my favorite things about the valley since I was a kid running around on my little Suzuki DS80 back in the 80's. I have seen several instances of people setting traps consisting of rocks and even boards with nails driven through them and connected to wires across the trail to wreck ATV's and injure riders. I will warn that of you hurt someone like that you will almost definitely get sued.

  9. #9
    Member Dupont Spinner's Avatar
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    Many believe that they "own" to the road. As far as obstructing a right of way.......look at the Glenn Highway. There is one place that has 55 gallon barrels and chain between them forcing you to use the roadway. It's coming but how soon. I hope not in my lifetime.

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    Member ak_cowboy's Avatar
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    Quote Originally Posted by LuJon View Post
    Personally I dread the day that we eliminate the off-road access around the valley. It is has been one of my favorite things about the valley since I was a kid running around on my little Suzuki DS80 back in the 80's. I have seen several instances of people setting traps consisting of rocks and even boards with nails driven through them and connected to wires across the trail to wreck ATV's and injure riders. I will warn that of you hurt someone like that you will almost definitely get sued.
    maybe if they slowed down and stopped driving on the bike path there would be a better public opinion.

    sent from my igloo

  11. #11
    Moderator LuJon's Avatar
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    Most of those bike paths used to be ATV trails.

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    Member ak_cowboy's Avatar
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    Quote Originally Posted by LuJon View Post
    Most of those bike paths used to be ATV trails.
    What's your point? They now have signs that say no motorized access.

    sent from my igloo

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    Moderator LuJon's Avatar
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    So do 1/2 the other trails that ATV's made these days. I love all of the big expensive paved bike/foot "roads" that they build with our tax dollars that no one uses.

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    Member bigbear400's Avatar
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    Quote Originally Posted by ak_cowboy View Post
    What's your point? They now have signs that say no motorized access.

    sent from my igloo
    Point is there are people used to using these trails for atv use for years and along comes Friends of the Mat-Su and now we have non motorized trails everywhere . Next thing you know we are Anchorage . I love living in the Valley and one of the reasons I live here is because we have freedoms like being able to ride my atv around .
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    Member Tearbear's Avatar
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    Quote Originally Posted by LuJon View Post
    Most of those bike paths used to be ATV trails.
    A good example is along KGB road. When they upgraded the highway, they put the paved bike path pretty much right where the ATV trail used to be, along with the 'no motorized vehicle' signs. Strange how there is a bike path, and some bikers prefer to cheat death and use the highway instead. Now they want to turn that into a 4 lane highway...wonder where the ATV riders will get to drive after that happens.
    "Grin and Bear It"

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    Member Matt83's Avatar
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    **** uppity bicycle riders anyways, to hell with 'em
    "The man who reads nothing at all is better educated than the man who reads nothing but newspapers."
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    Quote Originally Posted by Matt83 View Post
    **** uppity bicycle riders anyways, to hell with 'em
    I wouldn't go that far, but it is funny the majority like the freedom and ability to ATV along road ways and there is zero prep costs. Admittedly there is some shoulderand intersection crossing repair costs due to the ATV trails. Meanwhile the minority wants walking /bicycle paths that cost a fortune and no one uses them.
    And what do we have 'paved" bicycle/walking paths....

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    Member fishingyoda's Avatar
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    It really irritates me when there's some jack off hugging the white line of the highway on his hippy bike. Meanwhile I'm swearving 100,00bs of metal and fuel around them and 20ft to the right is a paved surface specifically designed for them. I think they should get tickets for riding on the road where a bike path exists. Just as I'm sure I would get a ticket for riding down the highway on my wheeler because I wanted to get somewhere faster than the row trail

  19. #19

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    Quote Originally Posted by fishingyoda View Post
    It really irritates me when there's some jack off hugging the white line of the highway on his hippy bike. Meanwhile I'm swearving 100,00bs of metal and fuel around them and 20ft to the right is a paved surface specifically designed for them. I think they should get tickets for riding on the road where a bike path exists. Just as I'm sure I would get a ticket for riding down the highway on my wheeler because I wanted to get somewhere faster than the row trail
    As a cyclist, I can tell you with certainty that it is far safer for cyclists to ride on the shoulder of the road than it is on any roadside pathway. Pathways are great for recreational (10-12mph type speeds) riding and walkers/runners, but not for those traveling faster and trying to get somewhere. Maybe if the morons would stop riding their ATV's down the pathways, kicking gravel all over them, or pulling in/out of side streets and driveways without looking for riders on pathways it might be different, but that isn't the case. I will say that there are a number of cyclists out there who need to educate themselves on following the rules of the road, but that goes for just about any group including drivers.

  20. #20
    Member ak_cowboy's Avatar
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    I'm not talking trails. I was talking about the paved bike paths on the sides of highways, which I see people using constantly. There is still a path where atvs can ride in the ditch.
    But doing 30mph and blowing dust across everyone doesn't make friends. Neither does jumping intersections and cutting off motorists.

    If the majority is atv friendly, how did the bike paths get built?

    sent from my igloo

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