Today's Law As Amended


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



As Amends the Law Today


SECTION 1.
 It is the intent of the Legislature that the program created by this bill will result in the registration and use on public lands of only a small number of competition off-highway motorcycles and all-terrain vehicles.

SECTION 1.SEC. 2.

 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) 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. 3.

 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 used solely for competition not on a public highway, in accordance with Section 39048 of the Health and Safety Code, 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) (1) 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.
(2) Until July 1, 2026, upon payment of the fees set forth in Section 38225, the department shall issue to the owner of a competition motorcycle or all-terrain vehicle the identification required pursuant to paragraph (1).
(c) By March 1, 2025, the Department of Parks and Recreation, in collaboration with the State Air Resources Board and the Department of Motor Vehicles, shall submit a report to the relevant policy and fiscal committees of the Legislature that documents all of the following:
(1) The annual number of competition off-highway motorcycles and all-terrain vehicles identified by the department pursuant to the program created by this section.
(2) The annual number of other off-highway vehicles identified by the department.
(3) The number, by month and location, of violations of the State Air Resources Board regulation adopted pursuant to subdivision (a) of Section 38015 prescribing when competition motorcycles and all-terrain vehicles may operate on public lands to practice for sanctioned competition events.
(4) The annual revenue generated by the competition motorcycle and all-terrain vehicle registration program created by this section.

SEC. 3.SEC. 4.

 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, except for any motorcycle that is eligible for a special transportation identification device issued pursuant to Section 38088. 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.SEC. 5.

 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, or  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  time, or during a competition event,  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. 6.

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

38015.
 (a) The State Air Resources Board, in consultation with the Department of Parks and Recreation, shall adopt a regulation by January 1, 2023, prescribing when competition motorcycles and all-terrain vehicles may operate on public lands to practice for sanctioned competition events. That regulation shall be effective until July 1, 2026.
(b) A rider shall possess a current and valid competition card from a competition-sanctioning organization when practicing for a sanctioned competition event on public lands.
(c) The public land manager having jurisdiction shall administer competition practice in accordance with the regulation developed pursuant to subdivision (a).

SEC. 6.SEC. 7.

 Section 38022 of the Vehicle Code is repealed.

38022.
 Notwithstanding the provisions of Section 4000, motorcycles issued a special transportation identification device pursuant to Section 38088 may be transported upon a highway to and from a closed course.

SEC. 7.SEC. 8.

 Section 38088 of the Vehicle Code is repealed.

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 exclusively in racing events on a closed course, a special transportation identification device for the purpose of identifying the motorcycle while it is being transported upon a highway to and from racing events on a closed course. Such 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. 8.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 A  covering shall not  be used on the identification plate or device.
(c) All An  identification plates plate  or devices 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. 9.SEC. 10.

 Section 38225 of the Vehicle Code is amended to read:

38225.
 (a) (1)  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.
(2) Until July 1, 2026, a service fee of nine dollars ($9) shall be paid to the department for the issuance or renewal of identification for competition off-highway motorcycles or all-terrain vehicles model year 2022 and newer, as identified in Section 38011. A competition off-highway motorcycle or all-terrain vehicle model year 2022 and newer, as identified in Section 38011, is not subject to the service fee in paragraph (1).
(b) (1)  In addition to the service fee required by paragraph (1) of  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.
(2) Until July 1, 2026, in addition to the service fee required by paragraph (2) of subdivision (a), a special fee shall be paid at the time of payment of the service fee for a competition off-highway motorcycle or all-terrain vehicle model year 2022 and newer that will be operated on public lands for which funds from the Off-Highway Vehicle Trust Fund have been expended. The special fee shall be in the amount of one hundred twenty-six dollars ($126), plus an amount to be determined by the department sufficient to allow the department to recover, before the expiration of the competition off-highway motorcycle and all-terrain vehicle registration program established by Section 38011, its reasonable regulatory costs to establish the competition off-highway motorcycle and all-terrain vehicle registration program established by Section 38011. The special fee set forth in this paragraph shall be for the purposes described in, and subject to, subdivision (d). A vehicle subject to this paragraph is not subject to the special fee in paragraph (1).
(c) All money transferred pursuant to Section 8352.6 of the Revenue and Taxation Code, all fees received by the department pursuant to paragraph (1) of  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) After deducting its reasonable costs for implementing Section 38011, the balance of the special fee described in paragraph (2) of subdivision (b) shall be deposited by the department into the Off-Highway Vehicle Trust Fund and, subject to an appropriation by the Legislature, that amount shall be used exclusively for the reasonable costs to the Department of Parks and Recreation related to the activities of vehicles described in paragraph (2) of subdivision (b) that are conducted on public lands, including enforcement of restrictions on the use of competition off-highway motorcycles and all-terrain vehicles on public lands.
(d) (e)  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. 10.SEC. 11.

 Section 38232 of the Vehicle Code is repealed.

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 Section 38088 and shall be deposited in the Motor Vehicle Account in the Transportation Tax Fund. The fee is in lieu of the fees provided in Section 38225.

SEC. 11.SEC. 12.

 Section 38286 of the Vehicle Code is amended to read:

38286.
 The  (a)  provisions of  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. 12.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. 13.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 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  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 does  not be applicable to vehicles  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.