OFF-HIGHWAY LAW ENFORCEMENT INFORMATION

Applicability (CVC)

38001 Applicability of Provisions

(a) Except as otherwise provided, this division applies to off-highway motor vehicles, as defined in Section 38006, on lands, other than a highway, which are open and accessible to the public, including any land acquired, developed, operated, or maintained, in whole or in part, with money from the Off-Highway

Vehicle Trust Fund, except private lands under the immediate control of the owner or his agent, where permission is required and has been granted to operate a motor vehicle. For purposes of this division, the term "highway" does not include fire trails, logging roads, service roads regardless of surface composition, or other roughly graded trails and roads upon which vehicular travel by the public is permitted, (b) Privately owned and maintained parking facilities that are generally open to the public are exempt from this division, unless the facilities are specifically declared subject to this division by the procedure specified in Section 21107.8.

38006 Off-Highway Motor Vehicle Defined

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 38010.

(b) A motor vehicle registered under Section 4000, when such motor vehicle is operated on land to which this division has application.

(c) A motor vehicle owned or operated by a non-resident of this state, whether or not such motor vehicle is identified or registered in a foreign jurisdiction, when such motor vehicle is operated on lands to which this division has application.

360 Highway

A highway is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes a street. (NOTE TO FEDERAL OFFICERS: USE OF OHVs, NOT REGISTERED UNDER SECTION 4000 OF THE VEHICLE CODE, ON COUNTY, STATE AND FEDERAL ROADS MAY BE PROHIBITED REGARDLESS OF ROAD SURFACE COMPOSITION. CHECK WITH LOCAL AUTHORITIES BEFORE RIDING.

 

Registration ICVC]

I 38020       Registration or Identification required on public land when parked, transported or operating (military personnel with current military ID not subject to California registration if OHV in question meets home state registration/requirements.) This section applies if a non-resident permit needed and not obtained.

I 38021 (a)    Dealer special permit required - DMV Form REG 132 and green or red sticker must be carried with EACH vehicle

I 38085(a)    Identification certificate or facsimile copy thereof not with vehicle for which it is issued when the vehicle is operated or transported.

I 38090  Lost or mutilated ID plate or certificate

I 38170(a)    Registration not displayed

I 38170(b)    Registration not securely attached/clearly Visible

I 38170 (c)(1) I.D. devices not clearly displayed on left fork leg of motorcycle

I 38170 (c)(2) I.D. devices not clearly displayed on left rear quadrant of sand rail

I 38170 (c)(3) I.D. devices not clearly displayed on left rear quadrant of ATV

I 38170 (c)(4) I.D. devices not dearly displayed on left tunnel, back quadrant of snowmobile

M 10751 (a)    VIN removed, altered or defaced

Red Sticker

I 38020 CVC Operate, transport or leave standing an OHV not properly identified

(CCR T13 2412(f) operating red sticker vehicle in closed area)

Two different types of identification decals are issued by DMV to most OHV's, a Green Sticker or a Red Sticker, depending on manufacturer certification to California OHV emission standards.

Red sticker identified OHV's have a C or 3 in the eighth character of the VIN.

All 2002 model year and older OHV's regardless of emissions standards were "grand fathered" into the Green Sticker category.

Red Stickers are issued to 2003 model year and newer OHV's that are certified non-compliant to California OHV emission standards.Riding OHV's with a Red Sticker may be seasonal depending on the area ridden. A list of seasonal riding locations is available by contacting the CA Air Resources Board at (800) 242-4450

 

ATV Operation (CVC)

I  38503      Under 18 operating ATV without complying with one of the following:

(a) Taking a prescribed training course

(b) Under direct supervision of adult possessing appropriate safety certificate

(c) Possession of appropriate safety certificate

I  38504 Under 14 operating ATV without direct supervision of parent, guardian or authorized adult (This section applies in addition to 38503)

I  38505      Helmet required (operator and passenger)

I  38506      No passengers on ATV, except that one passenger may be carried if the
                 ATV is designed to carry a passenger.

NP 40610   ATV Safety Certificate violations are correctable within ninety days.

      SNO-PARKS (PRO]

I  5091.15(a) Parking in Sno-Park during posted season without a valid permit displayed

Snowmobile Operation (CVC]

I 23128(a)   Operate on a highway except as provided in Section 38025

I  23128(b)   In a careless or negligent manner, endangering a person or property

I 23128(c)   Pursuing deer or other game mammal with intent to harass

M 23152(a)   DUI (applies on or off highway)

M 23152(b)   B.A. of .08 or more (applies on or off-highway)

F 23153(a)   DUI with injury

F 23153(b)   .08 or more BAC & DUI with injury

M 38319      Causing malicious/unnecessary damage to land, wildlife, habitat or vegetation

M38320(a) Littering: Throw trash or dangerous substance onto public or private land,  or driver aid or abet
M 38320(b)   Dumping: Dirt or rocks on public or private land

 

Equipment (CVO)

I 38330      Operation of unsafe vehicle

I 38335      Headlight required during darkness

I 24411      Off-highway lights must be covered on highway

I 38345      Red taillight required during darkness

I 38346      Display of red or blue warning light prohibited"

I 38355(a) Not equipped with working brake system

I 38365(a) Muffler required (see 38370)

I 38366(a  Functional USFS approved spark arrester required

I 38375(a) Siren prohibited on OHV (b) Use of siren prohibited

I 38505      Helmet required (ATV only)

Noise Limits (CVO)

I 27150(a)    Adequate muffler required (highway legal vehicles only)

  I 27150(b)    SAME - Passenger vehicle when used off-highway. Inadequate muffler or emitting excessive noise per allowed limits. Cutout,                          bypass  or similar device prohibited (also see Modifications 27151)

I 38365(a)    Adequate mufflers required on off-highway vehicles

I 38370         by manufacturer dates (see CVC book)

I 38370(h)(1) 20 Inch Test, SAEJ-1287

If off-highway vehicle was manufactured_ Before January 1, 1986 Noise limit is 101dBA On or after January 1, 1986 96 dBA  If competition* off-highway vehicle was manufactured_ Before January 1, 1998 Noise limit is 101 dBA On or after January 1, 1998 96 dBA * Competition off-highway vehicles are those that are not manufactured to comply with EPA noise or California emission standards. For information on the designation of the OHV, refer to the owner's manual or contact the local dealership.  Testing is done using procedures established by the Society of Automotive Engineers under Standard J-1287. For more information, visit California State Parks Off-Highway Motor Vehicle Recreation Division's website at www.ohv.parks.ca.gov

Alcohol (CVC)

C 23136(a)   (Civil Offense) Driver under 21 with .01 B.A. or more, measured by P.A.S. or other test. See 13390 and use form      DS-367M. Civil penalties apply.Admin Per Se

NP 23136(b)(3) Officer shall advise of suspension or revocation for period of 1-3 years if person refuses or fails to complete preliminary alcohol screening (P.A.S.) test.

I  23140(a)  DUI under 21 with BAC of .05 or more (applies off-highway)

M 23152(a)  DUI (applies on or off-highway)

M 23152(b)  B.A. of .08 or more

F 23153(a)   DUI with injury

I  23220(a)   Drink while driving on or off-highway

I  23222(a)   Open container while driving on or off-highway

M 23222(b)  Driver possess marijuana while driving on or off-highway

I  23223(a)   Open container (driver) while in a motor vehicle on or off-highway

I  23223(b)   Open container (passenger) while in a motor vehicle on or off-highway

M 23224(a)  Open or sealed container (driver under 21) while in a motor vehicle on or off-highway (unless with parent/guardian and
                      sealed)

M 23224(b)   Open container (passenger) while in a motor vehicle on or off-highway

I  23225(a)(1) Store open container (reg. owner) keep alcoholic beverage in a motor vehicle. (Applicable to driver if owner not present
                      per b)

I  23225(a)(2) Same: Store open container in a motor vehicle w/o trunk, and vehicle not used exclusively off-highway, in area not
                      normally occupied by the driver or passenger, incl. utility or glove box

I  23225(a)(3) Same: Store open container in a motor vehicle w/o trunk, and vehicle used exclusively off-highway, must store in a
                       locked container.

NP 23225(c)   Not applicable to living area of a housecar (motorhome) or camper

I  23226(a)   Driver keep open container in passenger compartment of motor vehicle

I 23226(b)   Passenger keep open container in passenger compartment of motor vehicle

 

Operation (CVC)

M 14601 (a)    Suspended driver license (applies on or off-highway)(lncludes operation of OHV)

     14601.5

I   21712(a)    Unlawful riding (driver permits - on highway only)

I   21712(b)    Unlawful riding (passenger - on highway only)

I   21712(d&e) Unlawful towing (driver permits - on highway only)

M 23152      DUI (applies on or off-highway)

NP 38025    Operating OHV on highway cite for 4000 (a) VC
                   Other sections to consider are CVC 27150.1 Exhaust systems not in compliance, 27151, sound, 24002(a), 24002(b), 24252(a),
                   catch-all lights.
I  38026.5(b) Combined-use highway; Improper use: Not to operate off-highway vehicle in violation of any of the following:

(1) Hours of darkness: Drive on a highway

(2) Stoplight required

(3) Rubber tires required

(4) Valid license of the proper class in possession

(5) Proof of financial responsibility required in possession

I   38300      Unlawful to disobey signs

I   38301      Operate in closed area (includes operation in violation of special regulations)
I  38304      Must be able to reach and operate all controls

I  38305      Speed unsafe for conditions
NP 38310   15 MPH within 50 feet of campsite, people, or animals (posting NOT required) use 38305 & reference this section

I  38312      Unsafe start

I  38314      Unsafe turns

M 38316(a) Reckless driving

M 38317     Reckless driving, bodily injury

M 38318(a) Throw substance at OHV

F 38318(b)  Same, or shoot at OHV with intent to injure

M 38318.5  Malicious acts - remove or alter trail, danger or directional markers

M 38318.5  Intent to do great bodily harm-erect or place chain, cable, rope, etc.

M 38319    Causing malicious/unnecessary damage to land, wildlife, habitat or vegetation

I   38390    Illegal to Operate or Maintain in Condition of Readiness Off-Highway Motor
                 Vehicle Without Proper Emission Control Equipment.

I  38346      Display of red or blue warning light prohibited"

I  38375(a)   Siren prohibited on OHV

I  38375(b)   Use of siren prohibited