Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

SB-1024 Off-highway vehicles. (2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 07/13/2020 09:00 PM
SB1024:v97#DOCUMENT

Amended  IN  Assembly  July 27, 2020
Amended  IN  Senate  April 30, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1024


Introduced by Senator Jones

February 14, 2020


An act to amend Sections 38010, 38012, 38014, 38170, 38088, 38170, 38225, 38286, 38365, and 38366 of, to add Sections 38011, 38015, 38016, and 38225.6 and 38016 to, and to repeal Sections 38022, 38088, 38022 and 38232 of, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1024, as amended, Jones. Off-highway vehicles.
(1) Existing law generally requires motor vehicles that are operated or used exclusively off the highways to be issued and display an identification plate or device issued by the Department of Motor Vehicles. Under existing law, certain vehicles are exempt from this requirement, including 4-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course, as specified. Existing law permits a motorcycle issued a special transportation identification device to be transported on a highway to and from a closed course. Existing law authorizes a special transportation identification device to be issued upon payment of a fee.
This bill would, instead, exempt specially constructed motor vehicles operated solely in organized racing or competitive events upon a closed course from the identification device requirement for motor vehicles operated exclusively off the highways. The bill would repeal provisions relating to special transportation identification devices for motorcycles and corresponding fees, and would make other related conforming changes. The bill would additionally provide that competition all-terrain vehicles (ATVs) are not exempt from identification.
(2) Existing law requires the Department of Motor Vehicles, upon identifying an off-highway motor vehicle subject to identification, to issue to the owner a suitable identification plate or device that is capable of being attached to the vehicle, as specified. Existing law requires the department to determine the size, color, and letters or number of the identification plate or device issued for off-highway motor vehicles. A violation of the Vehicle Code is punishable as an infraction.
This bill would require, for the issuance or renewal of a competition identification, a specified configuration for the vehicle identification number and product identification number for an off-highway motor vehicle or ATV that is model year 2022 or newer and later, is labeled solely for competition use by the United States Environmental Protection Agency. Agency, and is used on California public trails and lands normally open for recreational use. The bill would impose restrictions on the operation of a competition motorcycle or ATV on public lands, including, among others, requirements that a rider possess a current and valid competition card from a race-sanctioning organization when practicing on public lands outside of a sanctioned event and event, that a competition motorcycle or ATV have an off-highway motor vehicle identification in order to be operated on public lands. lands for competition events or race practice, and that the owner certify that the competition motorcycle or ATV will be used exclusively in competition events on a closed course or for race practice. The bill would exempt ATVs with engines below a specified size from that identification requirement. Because operating a competition motorcycle or ATV on public lands in violation of those requirements would be a crime, the bill would impose a state-mandated local program.
(3) Existing law requires all identification plates or devices to be displayed in a specified manner, including on the left fork leg of a motorcycle, either horizontal or vertical, and visible from the left side of the motorcycle.
This bill would require that a competition motorcycle display that identification plate or device on the left side of the motorcycle. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program.
(4) Existing law generally imposes specified fees on off-highway motor vehicles, including, among others, a service fee of $7 for the issuance or renewal of identification of off-highway motor vehicles subject to identification and a special fee of $33 paid at the time of payment of the service fee. Existing law requires the special fees, specified use fees for state vehicular recreation areas, and other specified funds to be deposited in the Off-Highway Vehicle Trust Fund, and requires moneys in the fund, upon appropriation, to be allocated for specified purposes related to off-highway recreation.

This bill would impose a fee on competition motorcycles and all-terrain vehicles in an amount not to exceed specified costs, including, among others, the reasonable regulatory costs of the Department of Motor Vehicles and the Department of the California Highway Patrol for the administration and enforcement of the competition identification program, up to $104, at the time of issuance or renewal of a competition identification.

This bill would instead impose a fee not to exceed the reasonable regulatory costs to the state for the administration and enforcement for the identification program for competition motorcycles and ATVs. The bill would require the department to collect this fee at the time of issuance or renewal of a competition identification and to deposit the fee in the Off-Highway Vehicle Trust Fund. The bill would also authorize a fee not to exceed the reasonable costs for the administration, operations, and maintenance of state public lands specifically related to competition motorcycle and ATV activities conducted on those public lands. Both fees would be determined by the Department of Parks and Recreation.
(5) Existing law requires every off-highway motor vehicle to meet specified requirements, including, among others, a requirement that the vehicle be equipped with a spark arrester maintained in effective working order. Existing law generally exempts from those requirements certain off-highway motor vehicles being operated in an organized racing or competitive event upon a closed course.
This bill would limit those exemptions by requiring competition-identified motorcycles and ATVs to be equipped with a muffler, spark arrester, and silencer or other device that limits noise emissions when operating on public lands.
(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 38010 of the Vehicle Code is amended to read:

38010.
 (a) Except as otherwise provided in subdivision (b), every motor vehicle specified in Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall be issued and display an identification plate or device issued by the department.
(b) Subdivision (a) does not apply to any of the following:
(1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.
(2) Implements of husbandry.
(3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States.
(4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512.
(5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work.
(6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid driver’s license issued by a foreign jurisdiction is presumed to be a nonresident.
(7) Commercial vehicles weighing more than 6,000 pounds unladen.
(8) Any motorcycle manufactured in the year 1942 or prior.
(9) Specially constructed motor vehicles, as defined in Section 580, Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction. Competition all-terrain vehicles are not exempt from identification.
(10) A motor vehicle with a currently valid identification or registration permit issued by another state.

SEC. 2.

 Section 38011 is added to the Vehicle Code, to read:

38011.
 (a) An off-highway motorcycle or an all-terrain vehicle that is model year 2022 or newer and is labeled by the United States Environmental Protection Agency for use solely for competition shall have a vehicle identification number (VIN) or product identification number (PIN) configured with a “3” or “C” at the eighth digit to qualify for the issuance or renewal of an identification pursuant to this division. The tenth digit of the VIN or PIN shall correspond to the year of manufacture using the Federal Motor Vehicle Safety Standards. labeled, as required by the United States Environmental Protection Agency, solely for competition use, and used on California public trails and lands normally open for recreational use, shall have a vehicle identification number (VIN) or product identification number (PIN) configured with a “3” or “C” as the eighth digit to qualify for issuance or renewal of an identification pursuant to this division. The 10th digit of the VIN or PIN shall correspond to the model year as specified by the Federal Motor Vehicle Safety Standards or the Society of Automotive Engineers’ ICS-1000 (ISO 10261:2002E).
(b) An identification issued pursuant to this division is required for the operation of a competition motorcycle or all-terrain vehicle on public lands specified in Section 38001.

SEC. 3.

 Section 38012 of the Vehicle Code is amended to read:

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 used in this division, “off-highway motor vehicle” includes, but is not limited to, the following:
(1) A motorcycle or motor-driven cycle.
(2) A snowmobile or other vehicle designed to travel over snow or ice, as defined in Section 557.
(3) A motor vehicle commonly referred to as a sand buggy, dune buggy, or all-terrain vehicle.
(4) A motor vehicle commonly referred to as a jeep.
(5) A recreational off-highway vehicle as defined in Section 500.

SEC. 4.

 Section 38014 of the Vehicle Code is amended to read:

38014.
 As used in this division, “closed course” includes, but is not limited to, a course in which motocross, enduro, cross country, or observed trial racing events are conducted, or a prescribed and defined route of travel on or off a highway where competition motorcycle and all-terrain vehicle use is allowed that is closed to all motor vehicles other than those of participants. A closed course is one that is not available at any time time, or during a competition event, for vehicular access by the general public, except for the United States Forest Service or other jurisdictions that prohibit the restriction of public access.

SEC. 5.

 Section 38015 is added to the Vehicle Code, to read:

38015.
 (a) (1) Practice riding of a competition motorcycle or all-terrain vehicle on public lands shall be restricted in compliance with the State Air Resources Board’s “Red Sticker” seasonal riding schedule pursuant to Section 2415 of Title 13 of the California Code of Regulations. to a riding schedule developed, no later than January 1, 2025, by the Department of Parks and Recreation in consultation with the State Air Resources Board.
(2) Prior to the adoption of the riding schedule specified in paragraph (1), practice riding for a competition motorcycle or all-terrain vehicle that is model year 2022 or later shall be restricted to the riding areas and riding seasons described in Section 2415 of Title 13 of the California Code of Regulations, as that regulation read on January 1, 2020.
(b) A rider shall possess a current and valid competition card from a race-sanctioning organization when practicing on public lands and operating a competition motorcycle or all-terrain vehicle outside of a sanctioned event.
(c) The public land manager having jurisdiction shall administer competition race practice.

SEC. 6.

 Section 38016 is added to the Vehicle Code, to read:

38016.
 A motorcycle or all-terrain vehicle with an engine size of 112 cubic centimeters or less is exempt from competition identification and is eligible for year-round identification.

SEC. 7.

 Section 38022 of the Vehicle Code is repealed.
SEC. 8.Section 38088 of the Vehicle Code is repealed.

SEC. 8.

 Section 38088 of the Vehicle Code is amended to read:

38088.
 (a)Upon payment of the fee specified in Section 38232, fees specified in subdivisions (c) and (d) of Section 38225, the department shall issue to the owner of a motorcycle, motorcycle or all-terrain vehicle, which the owner has certified as being used exclusively in racing competition events on a closed course, a special transportation identification course or for restricted race practice and used on California public trails and lands normally open for recreational use, a device for the purpose of identifying the motorcycle or all-terrain vehicle while it is being transported upon a highway to and from racing events on a closed course. Such operated exclusively on a closed course or during restricted race practice. That device may be either a plate or a sticker, whichever is determined by the department to be the most appropriate.

(b)Such device is nonrenewable, nontransferrable, and becomes invalid when the vehicle for which it was issued is sold or dismantled.

(c)A certificate of ownership may not be issued in conjunction with a special transportation identification device.

SEC. 9.

 Section 38170 of the Vehicle Code is amended to read:

38170.
 (a) An off-highway motor vehicle subject to identification shall have displayed upon it the identification number assigned to the vehicle for which it is issued, together with the word “California” or the abbreviation “CAL” and the year number for which it is issued or a suitable device issued by the department for validation purposes, which device shall contain the year for which it is issued.
(b) The identification plate or device shall at all times be securely fastened to the vehicle for which it is issued and shall be mounted or affixed in a position to be clearly visible, and shall be maintained in a condition so as to be clearly legible. A covering shall not be used on the identification plate or device.
(c) An identification plate or device issued on or after January 1, 1996, shall be displayed as follows:
(1) On the left fork leg of a motorcycle, either horizontal or vertical, and shall be visible from the left side of the motorcycle.
(2) On the left quadrant of the metal frame member of sand rails, rail-type buggies, and dune buggies, visible from the rear of the vehicle.
(3) On the left rear quadrant on permanent plastic or metal frame members of all-terrain vehicles, visible to outside inspections.
(4) On the left tunnel on the back quadrant of snowmobiles.
(5) On the left side of a motorcycle identified for competition, and shall be visible from its left side.

SEC. 10.Section 38225.6 is added to the Vehicle Code, to read:
38225.6.

(a)A fee in the amount described in subdivision (b), up to one hundred four dollars ($104), shall be collected at the time of issuance or renewal of a competition identification and shall be deposited in the Off-Highway Vehicle Trust Fund.

(b)The amount of the fee collected pursuant to subdivision (a) shall not exceed the reasonable regulatory costs of the Department of Motor Vehicles and the Department of the California Highway Patrol for the administration and enforcement of the identification program for competition motorcycles and all-terrain vehicles, and the reasonable costs of the Department of Parks and Recreation for the maintenance of state public lands specifically related to competition motorcycle and all-terrain vehicle activities conducted on those public lands.

(c)Fees collected pursuant to this section shall be separately accounted for and subject to appropriation by the Legislature exclusively for the purposes described in subdivision (b).

(d)A competition motorcycle or all-terrain vehicle is not subject to any other fee under this division for purposes of the issuance or renewal of an identification.

SEC. 10.

 Section 38225 of the Vehicle Code is amended to read:

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 identification, except as expressly exempted under this division.
(b) In addition to the service fee required by subdivision (a), a special fee of thirty-three dollars ($33) shall be paid at the time of payment of the service fee for the issuance or renewal of an identification plate or device.
(c) In lieu of the fee assessed pursuant to subdivision (a), a fee not to exceed the reasonable regulatory costs to the state for the administration and enforcement for the identification program for competition motorcycles and all-terrain vehicles. The department shall collect the fee at the time of issuance or renewal of a competition identification and shall deposit the fee in the Off-Highway Vehicle Trust Fund. The Department of Parks and Recreation shall determine the amount of the fee pursuant to regulations and shall include in its consideration of the amount of the fee the reasonable regulatory costs to all state entities involved in issuing and enforcing the identification program for competition motorcycles and all-terrain vehicles.
(d) In lieu of the fee assessed pursuant to subdivision (b), the Department of Parks and Recreation may charge a fee not to exceed the reasonable costs for the administration, operations, and maintenance of state public lands specifically related to competition motorcycle and all-terrain vehicle activities conducted on those public lands.

(c)

(e) All money transferred pursuant to Section 8352.6 of the Revenue and Taxation Code, all fees received by the department pursuant to subdivision (b), and all day use, overnight use, or annual or biennial use fees for state vehicular recreation areas received by the Department of Parks and Recreation shall be deposited in the Off-Highway Vehicle Trust Fund, which is hereby created. There shall be a separate reporting of special fee revenues by vehicle type, including four-wheeled vehicles, all-terrain vehicles, motorcycles, and snowmobiles. All money shall be deposited in the fund, and, upon appropriation by the Legislature, shall be allocated according to Section 5090.61 of the Public Resources Code.

(d)

(f) Any money temporarily transferred by the Legislature from the Off-Highway Vehicle Trust Fund to the General Fund shall be reimbursed, without interest, by the Legislature within two fiscal years of the transfer.

SEC. 11.

 Section 38232 of the Vehicle Code is repealed.

SEC. 12.

 Section 38286 of the Vehicle Code is amended to read:

38286.
 (a) Article 3 (commencing with Section 38305), Article 4 (commencing with Section 38312), Article 5 (commencing with Section 38316), Section 38319, and subdivision (h) of Section 38370 do not apply to a motor vehicle being operated in an organized racing event that is conducted under the auspices of a recognized sanctioning body or by permit issued by the governmental authority having jurisdiction.
(b) Competition-identified motorcycles and all-terrain vehicles are not exempt from subdivision (h) of Section 38370 when operated on public lands.

SEC. 13.

 Section 38365 of the Vehicle Code is amended to read:

38365.
 (a) An off-highway motor vehicle, as defined in Section 38006, shall at all times be equipped with an adequate muffler in constant operation and properly maintained to meet the requirements of Section 38370. A muffler or exhaust system shall not be equipped with a cutout, bypass, or similar device.
(b) Subdivision (a) does not apply to a vehicle being operated off the highways in an organized racing or competitive event upon a closed course or in a hill climb or drag race that is conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.
(c) Competition-identified motorcycles and all-terrain vehicles are not exempt from subdivision (a) when operated on public lands.

SEC. 14.

 Section 38366 of the Vehicle Code is amended to read:

38366.
 (a) Notwithstanding Section 4442 of the Public Resources Code, and except for a vehicle with mufflers as provided in Article 2 (commencing with Section 27150) of Chapter 5 of Division 12, a person shall not use, operate, or allow to be used or operated, an off-highway motor vehicle, as defined in Section 38006, on any forest-covered land, brush-covered land, or grass-covered land unless the vehicle is equipped with a spark arrester maintained in effective working order.
(b) A spark arrester affixed to the exhaust system of a vehicle subject to this section shall not be placed or mounted in a manner that allows flames or heat from the exhaust system to ignite any flammable material.
(c) A spark arrester is a device constructed of nonflammable materials specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine or that is qualified and rated by the United States Forest Service.
(d) Subdivision (a) does not apply to a vehicle being operated off the highway in an organized racing or competitive event upon a closed course, which is conducted under the auspices of a recognized sanctioning body and by permit issued by the fire protection authority having jurisdiction.
(e) Subdivision (a) applies to competition-identified motorcycles and all-terrain vehicles when operated on public lands.

SEC. 15.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.