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

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Date Published: 04/30/2020 09:00 PM
SB1024:v98#DOCUMENT

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


LEGISLATIVE COUNSEL'S DIGEST


SB 1024, as amended, Jones. Off-highway vehicles.

Existing

(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 is labeled solely for competition use by the United States Environmental Protection Agency. 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 that a competition motorcycle or ATV have an off-highway motor vehicle identification in order to be operated on public lands. 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.
(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: NOYES  

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, 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.
(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. 2.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 speedway, racetrack, 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 which that is not available at any time for vehicular access by the general public. 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) 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.
(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. 3.SEC. 7.

 Section 38022 of the Vehicle Code is repealed.

SEC. 4.SEC. 8.

 Section 38088 of the Vehicle Code is repealed.

SEC. 9.

 Section 38170 of the Vehicle Code is amended to read:

38170.
 (a) Every 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. No covering shall A covering shall not be used on the identification plate or device.
(c) All identification plates or devices 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. 5.SEC. 11.

 Section 38232 of the Vehicle Code is repealed.

SEC. 12.

 Section 38286 of the Vehicle Code is amended to read:

38286.
 The provisions of Article (a) Article 3 (commencing with Section 38305), Article 4 (commencing with Section 38312), Article 5 (commencing with Section 38316), Section 38319 of this chapter, 38319, and subdivision (h) of Section 38370 shall 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) Every 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 so as to meet the requirements of Section 38370, and no 38370. A muffler or exhaust system shall not be equipped with a cutout, bypass, or similar device.
(b) The provisions of subdivision (a) shall not be applicable to vehicles 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, which 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 vehicles a vehicle with mufflers as provided in Article 2 (commencing with Section 27150) of Chapter 5 of Division 12, no person shall a person shall not use, operate, or allow to be used or operated, any 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 such a manner as to allow 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 which that is qualified and rated by the United States Forest Service.
(d) Subdivision (a) shall not be applicable to vehicles 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.