CHAPTER 1. General Provisions [38000 - 38007]
( Chapter 1 added by Stats. 1971, Ch. 1816. )
This division may be cited as the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971.
(Added by Stats. 1971, Ch. 1816.)
(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 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 or her 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.
(Amended by Stats. 2002, Ch. 563, Sec. 37. Effective January 1, 2003.)
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 nonresident 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.
(Added by Stats. 1976, Ch. 1093.)
The Off-Highway Motor Vehicle Recreation Division of the Department of Parks and Recreation shall adopt courses of instruction in off-highway motor vehicle safety, operation, and principles of environmental preservation by January 1, 2005. For this purpose the division shall consult with the Department of the California Highway Patrol and other public and private agencies or organizations. The division shall make this course of instruction available directly, through contractual agreement, or through volunteers authorized by the division to conduct a course of
instruction.
(Amended by Stats. 2002, Ch. 563, Sec. 38. Effective January 1, 2003.)