Code Section Group

Vehicle Code - VEH

DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604]

  ( Division 16.5 added by Stats. 1971, Ch. 1816. )

CHAPTER 8. Recreational Off-Highway Vehicles [38600 - 38604]
  ( Chapter 8 added by Stats. 2012, Ch. 165, Sec. 3. )

38600.
  

A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall be at least 16 years of age, or be directly supervised in the vehicle by a parent or guardian or by an adult authorized by the parent or guardian.

(Amended by Stats. 2019, Ch. 469, Sec. 12. (SB 785) Effective January 1, 2020.)

38601.
  

A person shall not operate, or allow a passenger in, a recreational off-highway vehicle on public lands, as described in Section 38001, unless the person and the passenger are wearing safety helmets meeting the requirements established for motorcycles and motorized bicycles pursuant to Section 27802.

(Amended by Stats. 2019, Ch. 469, Sec. 13. (SB 785) Effective January 1, 2020.)

38602.
  

A person operating, and any passenger in, a recreational off-highway vehicle on lands, as described in Section 38001, shall wear a seatbelt and shoulder belt or safety harness that is properly fastened when the vehicle is in motion.

(Amended by Stats. 2019, Ch. 469, Sec. 14. (SB 785) Effective January 1, 2020.)

38603.
  

(a) A person operating a recreational off-highway vehicle with a model year of 2014 or later on lands, as described in Section 38001, shall not allow a passenger to occupy a separate seat location not designed and provided by the manufacturer for a passenger.

(b) Seats that are installed in a separate seat location not designed and provided by the manufacturer for a passenger in a vehicle with a model year of 2013 or earlier on lands, as described in Section 38001, may be occupied by a passenger if the occupant of the seat is fully contained inside of the vehicle’s rollover protection structure at all times while the vehicle is being operated.

(Amended by Stats. 2019, Ch. 469, Sec. 15. (SB 785) Effective January 1, 2020.)

38604.
  

(a) A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall not ride with a passenger, unless the passenger, while seated upright with their back against the seatback, can grasp the occupant handhold with the seatbelt and shoulder belt or safety harness properly fastened.

(b) For purposes of this chapter, “occupant handhold” means any factory or aftermarket device grasped by an occupant to provide support and to assist in keeping arms and hands within the recreational off-highway vehicle. The steering wheel shall be considered an occupant handhold for the recreational off-highway vehicle operator.

(c) Occupant handholds shall be designed to allow the recreational off-highway vehicle passenger to exit the vehicle without interference from the handholds.

(Amended by Stats. 2019, Ch. 469, Sec. 16. (SB 785) Effective January 1, 2020.)

VEHVehicle Code - VEH