I met with Janet Hawks, Deputy Director of Santa Clara County Parks last week. This is a draft which includes a red sticker issue:
Thank you for meeting with me last week. I believe my primary objective of making your acquaintance and establishing myself and my club (Bay Area Riders Forum) as credible representatives of the park system’s constituency was achieved. We see motorcycles as an important part of future local transportation solutions and Metcalf Motorcycle County Park is an important part of achieving that as safely as possible.
The second issue I had was the motocross track. Per your direction, I am still researching the funding stream of the track upgrade. More importantly, I have found some information regarding the use of the track by “Red Sticker” motorcycles during the seasonal red sticker exclusion.
As you know, Red Sticker Bikes are allowed to operate on a “Closed Course” in exclusion zones. California Air Resources Board, CARB, uses this definition of a closed course:
Division 16.5, Chapter 2, Article 1, Section 38014
38014. As used in this division, "closed course" includes, but is not limited to, a speedway, racetrack, or a prescribed and defined route of travel on or off a highway that is closed to all motor vehicles other than those of participants. A closed course is one which is not available at any time for vehicular access by the general public.
http://www.easylawlookup.com/Califo...a=13247&p_epara=13591&par=13247&displayer=YES
Almost everything requires interpretation. I, and most the public, would interpret the motocross track, while being operated by a concessioner, open only to their clients, as closed course.
I request you do the same. This is in the best interest of the Santa Clara County taxpayers, the park users and the community in general. When people are unable to find a legitimate venue to recreate, they find alternatives, some of which are more destructive.
Allowing red sticker bikes to use the motocross track under these circumstances creates no risk and cost to the county. There is no “downside” to allowing this. If there was an actual problem to operating the track under this arrangement, CARB would raise the issue. If needed, a court ruling could easily determine the interpretation of the definitions, rather than you or I.
CARB has determined the “Red Sticker Program” to be ineffective and a phase out is planned, probably in 2025. Until that time Santa Clara County Parks can best serve the public by allowing closed course operation of red sticker bikes year round.
Thank you.