BlackletterCalifornia law

DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000. - 38604.]

Division 16.5 added by Stats. 1971, Ch. 1816.

§§ 38000–38604 · 127 sections

  1. CHAPTER 1. General Provisions §§ 38000–38007 · 4 sections
    • § 38000 This division may be cited as the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971.
    • § 38001 (a) Except as otherwise provided, this division applies to off-highway motor vehicles, as defined in Section 38006, on lands, other than a highway, that are…
    • § 38006 As used in this division, an “off-highway motor vehicle” is any of the following: (a) A motor vehicle subject to the provisions of subdivision (a) of Section…
    • § 38007 The Off-Highway Motor Vehicle Recreation Division of the Department of Parks and Recreation shall adopt courses of instruction in off-highway motor vehicle…
  2. CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership §§ 38010–38265 · 68 sections
    1. ARTICLE 1. Motor Vehicles Subject to Identification §§ 38010–38030 · 14 sections
      • § 38010 (a) Except as otherwise provided in subdivision (b), a motor vehicle specified in subdivision (b) of Section 38012 that is not registered under this code…
      • § 38012 (a) As used in this division, “off-highway motor vehicle subject to identification” means a motor vehicle subject to subdivision (a) of Section 38010. (b) As…
      • § 38013 Unless otherwise provided, the terms “identification” and “identification certificate” shall have the same meaning as the terms “registration” and…
      • § 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…
      • § 38020 Except as otherwise provided in this division, a person shall not operate or leave standing an off-highway motor vehicle subject to identification under this…
      • § 38021 (a) A manufacturer, dealer, or distributor, or his agent, owning or lawfully possessing any off-highway motor vehicle of a type otherwise required to be…
      • § 38022 Notwithstanding the provisions of Section 4000, motorcycles issued a special transportation identification device pursuant to Section 38088 may be transported…
      • § 38025 In accordance with subdivision (c) of Section 4000, a motor vehicle issued a plate or device pursuant to Section 38160 may be operated or driven upon a highway…
      • § 38026 (a) In addition to Section 38025 and after complying with subdivision (c) of this section, if a local authority, an agency of the federal government, or the…
      • § 38026.2 (a) Except as provided in subdivision (e), the City of Needles may establish a pilot project to designate combined-use highways on roads in the city for no…
      • § 38026.3 (a) Except as provided in subdivision (d), the Department of Parks and Recreation may establish a pilot project to designate combined-use highways on roads in…
      • § 38026.5 (a) In accordance with subdivision (c) of Section 4000, a motor vehicle issued a plate or device pursuant to Section 38160 may be operated or driven on a local…
      • § 38027 Motor-driven cycles issued a plate or device pursuant to Section 38160 may be moved, by nonmechanical means only, adjacent to a roadway, in such a manner so as…
      • § 38030 Notwithstanding the provisions of Section 38020, an unidentified off-highway motor vehicle subject to identification may be left standing upon a highway or…
    2. ARTICLE 2. Original Identification §§ 38040–38060 · 6 sections
      • § 38040 Application for the original identification of a motor vehicle, other than a motorcycle, required to be identified pursuant to this division shall be made by…
      • § 38041 Application for the original identification of a motorcycle shall be made by the owner to the department upon the appropriate form furnished by it, and shall…
      • § 38045 Ownership of title to an off-highway motor vehicle subject to identification under this division may be held by two (or more) coowners as provided in Section…
      • § 38050 In the absence of the regularly required supporting evidence of ownership upon application for identification or transfer of a vehicle, the department may…
      • § 38055 In the event the vehicle is no longer identified in this state and the currently valid certificate of ownership is surrendered to the department, the bond or…
      • § 38060 (a) Whenever any person, after making application for identification of an off-highway motor vehicle subject to identification, or after the identification…
    3. ARTICLE 3. Evidences of Identification §§ 38070–38100 · 12 sections
      • § 38070 The department, upon identifying an off-highway motor vehicle subject to identification, shall issue a certificate of ownership to the legal owner and an…
      • § 38075 (a) The identification certificate shall contain upon the face thereof the date issued, the name and residence or business or mailing address of the owner and…
      • § 38076 The certificate of ownership shall contain: (a) Not less than the information required upon the face of the identification certificate. (b) Provision for…
      • § 38080 (a) The department may authorize, under Section 4456, dealers licensed under Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 to use the…
      • § 38085 (a) Every owner upon receipt of an identification certificate shall maintain the same or a facsimile copy thereof with the vehicle for which it is issued at…
      • § 38087 (a) Upon payment of the fees specified in Section 38231, the department may issue to manufacturers, dealers, distributors, or their agents, a special permit to…
      • § 38087.5 (a) Upon payment of the fee specified in Section 38231.5, the Department of Parks and Recreation may issue to a nonresident of this state a special permit to…
      • § 38087.7 (a) Upon payment of the fee specified in Section 38231.7, the Department of Parks and Recreation shall issue an annual special permit, to be known as the…
      • § 38088 (a) Upon payment of the fee specified in Section 38232, the department shall issue to the owner of a motorcycle, which the owner has certified as being used…
      • § 38090 If any identification certificate or identification plate or device is stolen, lost, mutilated or illegible, the owner of the vehicle for which the same was…
      • § 38095 If any certificate of ownership is stolen, lost, mutilated or illegible, the legal owner or, if none, the owner of the vehicle for which the same was issued as…
      • § 38100 The provisions of Sections 4458, 4460, 4461, 4462, 4463, and 4464 shall be fully applicable to motor vehicles identified under this division and the terms…
    4. ARTICLE 4. Renewal of Identification §§ 38110–38135 · 7 sections
      • § 38110 Certificates of ownership shall not be renewed but shall remain valid until suspended, revoked, or canceled by the department for cause or upon transfer of any…
      • § 38115 Every motor vehicle identification and identification certificate issued pursuant to this division shall expire at midnight on the 30th day of June in the…
      • § 38120 (a) Application for renewal of identification of off-highway motor vehicles subject to identification shall be made by the owner not later than midnight of the…
      • § 38121 (a) Prior to the expiration of the identification of an off-highway motor vehicle, if that identification is not to be renewed prior to its expiration, the…
      • § 38125 Whenever by reason of the theft or embezzlement of an off-highway motor vehicle subject to identification the owner or legal owner is not in possession of the…
      • § 38130 When application for identification of an off-highway motor vehicle subject to identification has been made as required by this division, the vehicle may be…
      • § 38135 The department may, upon renewing of an identification of off-highway motor vehicles subject to identification, issue a new identification certificate or may…
    5. ARTICLE 5. Refusal of Identification §§ 38145–38150 · 2 sections
      • § 38145 The department shall refuse the identification or renewal or transfer of identification of an off-highway motor vehicle subject to identification upon any of…
      • § 38150 The department may refuse the identification or renewal or transfer of identification of an off-highway motor vehicle subject to identification in any of the…
    6. ARTICLE 6. Identification Plate or Device §§ 38160–38170 · 3 sections
      • § 38160 The department, upon identifying an off-highway motor vehicle subject to identification, shall issue to the owner a suitable identification plate or device…
      • § 38165 (a) The department shall determine the size, color, and letters or number of the plate or device issued pursuant to this division and the life of the series of…
      • § 38170 (a) Every off-highway motor vehicle subject to identification shall have displayed upon it the identification number assigned to the vehicle for which it is…
    7. ARTICLE 7. Dismantling of Off-Highway Motor Vehicles §§ 38180–38185 · 2 sections
      • § 38180 Chapter 3 (commencing with Section 11500) of Division 5 shall be applicable to off-highway motor vehicles subject to identification, except as provided in this…
      • § 38185 No off-highway motor vehicle subject to identification which has been reported dismantled or sold as salvage may be subsequently identified until it has been…
    8. ARTICLE 8. Transfers of Title or Interest §§ 38195–38211 · 5 sections
      • § 38195 The provisions of Chapter 2 (commencing with Section 5600) of Division 3 shall be applicable to off-highway motor vehicles subject to identification, and the…
      • § 38200 (a) Every licensed dealer upon transferring by sale, lease, or otherwise any off-highway motor vehicle subject to identification, whether new or used, of a…
      • § 38205 Whenever any person has received as transferee a properly endorsed certificate of ownership, he or she shall, within 10 days thereafter, endorse the ownership…
      • § 38210 When the transferee of an off-highway motor vehicle subject to identification is a dealer who holds such vehicle for resale, the dealer is not required to make…
      • § 38211 (a) The department shall withhold identification of or the transfer of ownership of any vehicle subject to identification under this division until the…
    9. ARTICLE 9. Identification Fees §§ 38225–38265 · 17 sections
      • § 38225 (a) A service fee of seven dollars ($7) shall be paid to the department for the issuance or renewal of identification of off-highway motor vehicles subject to…
      • § 38225.4 In addition to the service fees specified in subdivision (a) of Section 38225, as amended by Section 6 of Chapter 964 of the Statutes of 1992, a fee of three…
      • § 38225.5 In addition to the service fees specified in Section 38225, a fee of three dollars ($3) shall be paid at the time of issuance or renewal of identification of…
      • § 38230 In addition to the fees imposed by Section 38225, there shall be paid a four-dollar ($4) fee for the issuance or renewal of identification for every…
      • § 38231 The fees for a special permit issued under Section 38087 shall be the prevailing identification fees as set forth in Sections 38225 and 38230 and shall be…
      • § 38231.5 (a) The fee for a special permit issued under Section 38087.5 shall be not less than twenty dollars ($20), as established by the Department of Parks and…
      • § 38231.7 The Department of Parks and Recreation shall set, and may adjust, the amount of the fee to recover the operating and administrative costs of a sanctioned event…
      • § 38232 A special fee of fifteen dollars ($15) shall be paid to the department for the issuance of a special transportation identification device issued pursuant to…
      • § 38235 All money collected by the department under Section 38230 shall be reported monthly to the Controller and at the same time be deposited in the State Treasury…
      • § 38240 (a) The Controller shall allocate the fees collected under Section 38230 in July and January of each fiscal year to cities and counties based upon the…
      • § 38245 Whenever an off-highway motor vehicle subject to identification is operated or transported in this state without the fees required by this division having…
      • § 38246 (a) A penalty shall be added upon any application for renewal of identification made on or after the day following the expiration date, except as provided in…
      • § 38247 (a) When a transferee or purchaser of a vehicle applies for transfer of identification, as provided in Section 38205, and it is determined by the department…
      • § 38250 Whenever any person has received as transferee a properly endorsed certificate of ownership and the transfer fee has not been paid as required by this division…
      • § 38255 Upon application for transfer of ownership or any interest of an owner, or legal owner in or to any off-highway motor vehicle identified under this division,…
      • § 38260 Upon application for a duplicate ownership certificate or identification certificate, or a duplicate or substitute identification plate or device, or any other…
      • § 38265 (a) The penalty for delinquency in respect to any transfer shall be fifteen dollars ($15), and shall apply only to the last transfer. (b) The penalty for…
  3. CHAPTER 5. Off-Highway Vehicle Operating Rules §§ 38280–38321 · 21 sections
    1. ARTICLE 1. Traffic Signs, Signals, and Markings §§ 38280–38302 · 8 sections
      • § 38280 Federal, state, or local authorities having jurisdiction over public lands may place or cause to be placed and maintained, such appropriate signs, signals and…
      • § 38285 Only those signs, signals, markings, or devices that conform to the uniform standards and specifications adopted by the Department of Parks and Recreation,…
      • § 38286 The provisions of Article 3 (commencing with Section 38305), Article 4 (commencing with Section 38312), Article 5 (commencing with Section 38316), Section…
      • § 38300 It is unlawful for the driver of any vehicle to disobey any sign, signal, or traffic control device placed or maintained pursuant to Section 38280.
      • § 38301 (a) It is unlawful to operate a vehicle in violation of special regulations which have been promulgated by the governmental agency having jurisdiction over…
      • § 38301.3 Notwithstanding subdivision (d) of Section 5008 of the Public Resources Code, or any other provision of state law, and to the extent authorized under federal…
      • § 38301.5 Every person convicted of violating a local ordinance which is adopted by a city with a population over 2,000,000 persons pursuant to Section 38301 and which…
      • § 38302 It is unlawful for any person to place or erect any sign, signal, or traffic control device for off-highway traffic upon public lands unless authorized by law.
    2. ARTICLE 2. Operating Controls §§ 38304–38304.1 · 2 sections
      • § 38304 The operator of an off-highway motor vehicle shall be able to reach and operate all controls necessary to safely operate the vehicle.
      • § 38304.1 (a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child,…
    3. ARTICLE 3. Speed Laws §§ 38305–38310 · 2 sections
      • § 38305 No person shall drive an off-highway motor vehicle at a speed greater than is reasonable or prudent and in no event at a speed which endangers the safety of…
      • § 38310 The prima facie speed limit within 50 feet of any campground, campsite, or concentration of people or animals shall be 15 miles per hour unless changed as…
    4. ARTICLE 4. Turning and Starting §§ 38312–38314 · 2 sections
      • § 38312 No person shall place in motion an off-highway motor vehicle that is stopped, standing, or parked until such movement can be made with reasonable safety.
      • § 38314 No person shall turn an off-highway motor vehicle from a direct course or move right or left until such movement can be made with reasonable safety.
    5. ARTICLE 5. Reckless Driving §§ 38316–38318.5 · 4 sections
      • § 38316 (a) It is unlawful for any person to drive any off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property. (b)…
      • § 38317 Whenever reckless driving of an off-highway motor vehicle proximately causes bodily injury to any person, the person driving the vehicle shall, upon conviction…
      • § 38318 (a) Any person who throws any substance at an off-highway motor vehicle or occupant thereof is guilty of a misdemeanor and shall be punished pursuant to…
      • § 38318.5 (a) Any person who maliciously removes or alters trail, danger, or directional markers or signs provided for the safety or guidance of off-highway motor…
    6. ARTICLE 6. Littering and Environmental Protection §§ 38319–38321 · 3 sections
      • § 38319 No person shall operate, nor shall an owner permit the operation of, an off-highway motor vehicle in a manner likely to cause malicious or unnecessary damage…
      • § 38320 (a) No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the…
      • § 38321 (a) Any person who drops, dumps, deposits, places, or throws, or causes or permits to be dropped, dumped, deposited, placed, or thrown, upon any area, any…
  4. CHAPTER 6. Equipment of Off-Highway Vehicles §§ 38325–38397 · 19 sections
    1. ARTICLE 1. General Provisions §§ 38325–38330 · 2 sections
      • § 38325 The provisions of this chapter shall apply to all off-highway motor vehicles, as defined in Section 38006, when operated in areas in which this division has…
      • § 38330 It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, which is not equipped as required by this chapter or the…
    2. ARTICLE 2. Lighting Equipment §§ 38335–38346 · 3 sections
      • § 38335 When operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle shall be equipped with at least one lighted white headlamp…
      • § 38345 When operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle which is not in combination with any other vehicle shall be…
      • § 38346 A person shall not display a flashing or steady burning red or blue warning light on an off-highway motor vehicle except as permitted by Section 21055 or when…
    3. ARTICLE 3. Brakes § 38355 · 1 section
      • § 38355 (a) Except as provided in subdivision (b), every motor vehicle shall be equipped with a service brake system which is in good working order and adequate to…
    4. ARTICLE 4. Equipment §§ 38365–38380 · 5 sections
      • § 38365 (a) Every off-highway motor vehicle, as defined in Section 38006, shall at all times be equipped with an adequate muffler in constant operation and properly…
      • § 38366 (a) Notwithstanding Section 4442 of the Public Resources Code, and except for vehicles with mufflers as provided in Article 2 (commencing with Section 27150)…
      • § 38370 (a) The Department of Motor Vehicles shall not identify any new off-highway motor vehicle, which is subject to identification and which produces a maximum…
      • § 38375 (a) An off-highway motor vehicle, except an authorized emergency vehicle, shall not be equipped with a siren. (b) A person driving an off-highway motor…
      • § 38380 (a) Because of specialized conditions such as fire hazard, public safety or other circumstances, any local authority, or state or federal agencies having…
    5. ARTICLE 5. Emission Control Equipment §§ 38390–38397 · 8 sections
      • § 38390 No person shall operate or maintain in a condition of readiness for operation any off-highway motor vehicle which is required to be equipped with a motor…
      • § 38391 No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, any required…
      • § 38392 When the court finds that a person has willfully violated any provision of this article, such person shall be fined the maximum amount that may be imposed for…
      • § 38393 No person shall operate an off-highway motor vehicle after notice by a traffic officer or other authorized public officer that such vehicle is not equipped…
      • § 38394 The notice to appear issued or complaint filed for a violation of any provision of this article shall require that the person to whom the notice to appear is…
      • § 38395 This article shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board…
      • § 38396 The provisions of this article apply to off-highway motor vehicles of the United States or its agencies, to the extent authorized by federal law.
      • § 38397 Except as provided in Section 38390, this article shall be applicable to all off-highway motor vehicles, whether or not subject to identification pursuant to…
  5. CHAPTER 7. All-Terrain Vehicles §§ 38500–38506 · 10 sections
    • § 38500 The Off-Highway Vehicle Safety Education Committee is hereby established. The committee consists of the Commissioner of the California Highway Patrol, the…
    • § 38500.1 The Off-Highway Vehicle Safety Education Committee shall meet periodically to perform all of the following: (a) Develop minimum criteria for certification as…
    • § 38501 (a) An all-terrain vehicle safety training organization, commencing on January 1, 1989, shall issue an all-terrain vehicle safety certificate furnished by the…
    • § 38502 The department, on and after July 1, 1988, may monitor any all-terrain vehicle safety training organization or any all-terrain vehicle safety instructor…
    • § 38503 No person under the age of 18 years, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person…
    • § 38504 No person under 14 years of age, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies…
    • § 38504.1 (a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child…
    • § 38504.2 If a person under 14 years of age was not properly supervised or accompanied in accordance with Section 38504, and the parent or guardian of that child or the…
    • § 38505 A person, on and after January 1, 1989, shall not operate, ride, or be otherwise propelled on an all-terrain vehicle on public lands, as described in Section…
    • § 38506 An operator of an all-terrain vehicle shall not carry a passenger when operating on public lands, as described in Section 38001. However, the operator of an…
  6. CHAPTER 8. Recreational Off-Highway Vehicles §§ 38600–38604 · 5 sections
    • § 38600 A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall be at least 16 years of age, or be directly supervised in…
    • § 38601 A person shall not operate, or allow a passenger in, a recreational off-highway vehicle on public lands, as described in Section 38001, unless the person and…
    • § 38602 A person operating, and any passenger in, a recreational off-highway vehicle on lands, as described in Section 38001, shall wear a seatbelt and shoulder belt…
    • § 38603 (a) A person operating a recreational off-highway vehicle with a model year of 2014 or later on lands, as described in Section 38001, shall not allow a…
    • § 38604 (a) A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall not ride with a passenger, unless the passenger, while…