Vehicle Code — Part 14 | VEH — United States — California law | Esheria

Vehicle Code

Part 14 of 19 · provisions 2,601–2,800

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The definitions in this code apply when construing the code unless the provision or context requires otherwise. “Ability to respond in damages” means financial responsibility. Police officers must report stolen-vehicle and lost-or-stolen plate information to the Department of Justice system, and the reporting agency must notify the reporting party when a vehicle is recovered. A person must not make or file a false or fraudulent vehicle-theft report with any law enforcement agency, if done with intent to deceive. A vehicle’s owner or legal owner may report theft or embezzlement to the California Highway Patrol, and must report recovery after making that notice.

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Provisions of Vehicle Code

Showing 200 of 3,721

  1. 36130.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 2. Registration of Implements of Husbandry [36100 - 36130] ( Chapter 2 added by Stats. 1963, Ch. 2149. )

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    From 1986 and 1987 onward, certain identification plate applications must be filed under Section 5014 or 5016.5, and some old plates cannot be renewed.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 2. Registration of Implements of Husbandry [36100 - 36130] ( Chapter 2 added by Stats. 1963, Ch. 2149. ) ## 36130. (a) On and after January 1, 1986, original applications for identification plates on vehicles specified in Division 16 (commencing with Section 36000) shall be submitted pursuant to Section 5014 or Section 5016.5. (b) Effective January 1, 1986, identification plates that expired on December 31, 1983, shall not be eligible for renewal. Applicants shall apply for identification plates pursuant to Section 5014 or Section 5016.5. (c) Commencing with 1987 renewals, all expiring identification plates are canceled and owners of vehicles defined in Division 16 (commencing with Section 36000), that are required to display these plates, shall submit applications pursuant to Section 5014 or Section 5016.5. (Repealed and added by Stats. 1984, Ch. 1077, Sec. 19. Operative July 1, 1985, by Sec. 21 of Ch. 1077.)
  2. 362.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “house car” and says a house car is not a motortruck.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 362. A “house car” is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a house car except that, for the purposes of Division 11 (commencing with Section 21000) and Division 12 (commencing with Section 24000), a motor vehicle equipped with a camper having an axle that is designed to support a portion of the weight of the camper unit shall be considered a three-axle house car regardless of the method of attachment or manner of registration. A house car shall not be deemed to be a motortruck. (Amended by Stats. 1968, Ch. 875.)
  3. 36300.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 3. Drivers’ Licenses [36300 - 36305] ( Chapter 3 added by Stats. 1963, Ch. 2149. )

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    Most people driving or operating an implement of husbandry on a highway do not need a driver’s license, but certain farm tractor and automatic bale wagon drivers must carry the proper class of license.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 3. Drivers’ Licenses [36300 - 36305] ( Chapter 3 added by Stats. 1963, Ch. 2149. ) ## 36300. Any person, while driving or operating an implement of husbandry incidentally operated or moved over a highway is not required to obtain a driver’s license; except that the driver of any farm tractor while being used to draw a farm trailer carrying farm produce between farms or from a farm to a processing or handling point and return, and the driver of an automatic bale wagon which is being operated as specified in Section 36102, but is not being operated as provided in subdivision (k) of Section 36005, shall be in possession of a driver’s license of the appropriate class other than a junior permit. (Amended by Stats. 1977, Ch. 627.)
  4. 36305.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 3. Drivers’ Licenses [36300 - 36305] ( Chapter 3 added by Stats. 1963, Ch. 2149. )

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    Drivers of implements of husbandry must have a valid class C driver’s license when operating certain combinations of vehicles or towing certain implements of husbandry.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 3. Drivers’ Licenses [36300 - 36305] ( Chapter 3 added by Stats. 1963, Ch. 2149. ) ## 36305. The driver of any implement of husbandry shall possess a valid class C driver’s license when operating a combination of vehicles at a speed in excess of 25 miles per hour or towing any implement of husbandry as specified in subdivision (d), (e), or (j) of Section 36005. (Amended by Stats. 1993, Ch. 272, Sec. 55. Effective August 2, 1993.)
  5. 36400.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 4. Speed Laws [36400- 36400.] ( Chapter 4 added by Stats. 1963, Ch. 2149. )

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    No person may drive or move certain lift-carriers and similar agricultural-use vehicles faster than 35 miles per hour.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 4. Speed Laws [36400- 36400.] ( Chapter 4 added by Stats. 1963, Ch. 2149. ) ## 36400. No person shall move or drive a lift-carrier or other vehicle designed and used exclusively for the lifting and carrying of implements of husbandry or tools used exclusively for the production or harvesting of agricultural products at a speed in excess of 35 miles per hour. (Amended by Stats. 1971, Ch. 1135.)
  6. 365.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “intersection” for the Vehicle Code.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 365. An “intersection” is the area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (Enacted by Stats. 1959, Ch. 3.)
  7. 36500.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. )

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    Some vehicle code provisions do not apply to implements of husbandry, but those vehicles remain subject to certain specified sections and one article.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. ) ## 36500. The provisions of Sections 24012, 24250, 24251, 24400 to 24404, inclusive, and Articles 3 (commencing with Section 24600), 4 (commencing with Section 24800), 5 (commencing with Section 24950), 6 (commencing with Section 25100), 9 (commencing with Section 25350), 11 (commencing with Section 25450), and 13 (commencing with Section 25650) of Chapter 2 of Division 12 shall not apply to implements of husbandry. Such vehicles shall be subject to the provisions of Sections 24254, 24615, 25803, and 25950, and Article 12 (commencing with Section 25500) of Chapter 2 of Division 12. (Amended by Stats. 1972, Ch. 618.)
  8. 36505.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. )

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    Farm tractors and certain plated trailers are not exempt from Sections 24400 and 25100 when operated during darkness.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. ) ## 36505. Farm tractors as defined in Section 36015, and trailers displaying an identification plate, as provided for in Section 36115 or 36130, when operated during darkness shall not be exempted from the provisions of Sections 24400 and 25100. (Amended by Stats. 1996, Ch. 124, Sec. 139. Effective January 1, 1997.)
  9. 36508.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. )

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    After July 1, 1970, a new implement of husbandry meeting the speed description may not be sold in this state unless the manufacturer equips it with a slow-moving vehicle emblem.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. ) ## 36508. After July 1, 1970, no new implement of husbandry designed or intended by the manufacturer to be operated or moved at a speed not in excess of 25 miles per hour shall be sold in this state unless it is equipped by the manufacturer with a slow-moving vehicle emblem as prescribed by Section 24615, and such an emblem shall thereafter be displayed and maintained on such implement of husbandry while the implement is able to be operated upon a public highway. (Amended by Stats. 1969, Ch. 949.)
  10. 36509.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. )

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    Some farm and implement-of-husbandry vehicles may use flashing amber lights in listed situations, and certain oversized loads must display amber lights, turn signals, or daytime red flags.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. ) ## 36509. (a) An implement of husbandry, a farm vehicle, or any vehicle escorting or towing an implement of husbandry or farm vehicle, may display flashing amber warning lamps or flashing amber turn signals: (1) When the vehicle is required to display a “slow moving vehicle” emblem as defined in Section 24615. (2) When the width, length, height, or speed of the vehicle may cause a hazard to other traffic on the highway. (b) An implement of husbandry, a farm vehicle, or any vehicle towing an implement of husbandry or farm vehicle, when the load upon the vehicle exceeds 120 inches in width, shall display either: (1) Flashing amber warning lamps. (2) Flashing amber turn signals. (3) During daylight hours, red flags, each of which shall be not less than 16 inches square, mounted at the left and right outer extremities of the vehicle or load whichever has the greater horizontal dimension. (Added by Stats. 1986, Ch. 973, Sec. 11.)
  11. 36510.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. )

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    Implements of husbandry are exempt from Section 26454 stopping-distance requirements, but if one cannot stop within 32 feet at 15 miles per hour, it may not be driven faster than a speed that allows stopping within 32 feet.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. ) ## 36510. Implements of husbandry are not subject to stopping distance requirements contained in Section 26454, but if any such vehicle cannot be stopped within 32 feet from an initial speed of 15 miles per hour, it shall not be operated at a speed in excess of that permitting a stop in 32 feet. (Added by Stats. 1963, Ch. 2149.)
  12. 36515.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. )

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    Windshield provisions in Section 26700 do not apply to implements of husbandry.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. ) ## 36515. The provisions of Section 26700 relating to windshields shall not apply to implements of husbandry. (Added by Stats. 1963, Ch. 2149.)
  13. 36520.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. )

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    Section 26706’s windshield wiper provisions do not apply to implements of husbandry.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 5. Equipment of Implements of Husbandry [36500 - 36520] ( Chapter 5 added by Stats. 1963, Ch. 2149. ) ## 36520. The provisions of Section 26706 relating to windshield wipers shall not apply to implements of husbandry. (Added by Stats. 1963, Ch. 2149.)
  14. 36600.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. )

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    Implements of husbandry may generally move over highways without the Chapter 2 width limits, but oversized loads on certain highways are limited to 25 miles and require a signed trip paper.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. ) ## 36600. (a) The limitations as to width as set forth in Chapter 2 (commencing with Section 35100) of Division 15 do not apply to implements of husbandry incidentally operated, transported, towed, or otherwise moved over a highway. (b) Notwithstanding subdivision (a), when an implement of husbandry is transported or moved over a highway which is a part of the National System of Interstate and Defense Highways (as referred to in Section 108 of the Federal-aid Highway Act of 1956) as a load on another vehicle, if the load exceeds 102 inches in width, the vehicle and load shall not be operated for a distance in excess of 25 miles from the point of origin of the trip. The operator of the transporting vehicle shall be a farmer or a person regularly employed by a farmer or farm corporation, and the operator transporting the load shall have in his or her immediate possession a writing signed by the farmer or farm corporation agent which states the origin and destination of the trip. (c) Notwithstanding subdivision (a), when an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if the load exceeds 120 inches in width, the vehicle and load shall not be operated for a distance in excess of 25 miles from the point of origin of the trip. The operator of the transporting vehicle shall be a farmer or a person employed by a farmer or farm corporation, and the operator transporting the load shall have in his or her immediate possession a writing signed by the farmer or farm corporation agent which states the origin and destination of the trip. (Amended by Stats. 1988, Ch. 103, Sec. 1. Effective May 11, 1988.)
  15. 36605.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. )

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    Some farm-related trailers and semitrailers are exempt from the general width limits, but three narrower width caps still apply in specific cases.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. ) ## 36605. The limitations as to width, as set forth in Chapter 2 (commencing with Section 35100) of Division 15, do not apply to any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry or tools used exclusively for the production or harvesting of agricultural products by farmers or implement dealers, except as follows: (1) With respect to any trailer or semitrailer transporting a grain-harvesting combine, that vehicle shall not exceed a width of 144 inches. (2) With respect to any other vehicle described in this section, that vehicle, or the load on that vehicle when that load consists of tools, shall not exceed a width of 120 inches. (3) With respect to any trailer or semitrailer described in subdivision (c) of Section 36005, that vehicle, when towed upon a highway shall not exceed a width of 174 inches and shall be subject to subdivisions (b) and (c) of Section 36600. (Amended by Stats. 1986, Ch. 973, Sec. 13.)
  16. 36606.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. )

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    Width limits generally do not apply to automatic bale wagons, but the vehicle or its load must not be wider than 120 inches.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. ) ## 36606. (a) The limitations as to width, as set forth in Chapter 2 (commencing with Section 35100) of Division 15, do not apply to automatic bale wagons while operated as specified in Section 36102, except that such vehicles or the load thereon may not exceed 120 inches in width. (b) This section shall have no application to highways which are a part of the National System of Interstate and Defense Highways (as referred to in subdivision (a) of Section 108 of the Federal-Aid Highway Act of 1956). (Added by Stats. 1977, Ch. 627.)
  17. 36610.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. )

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    Implements of husbandry moved as a load on another vehicle may not be operated more than 25 miles from the trip’s origin when the load is over 14 feet high.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. ) ## 36610. (a) The limitations as to height of vehicles contained in Chapter 3 (commencing with Section 35250) of Division 15 do not apply to implements of husbandry incidentally operated, transported, towed, or otherwise moved over a highway. (b) Notwithstanding subdivision (a), when an implement of husbandry is transported or moved over a highway as a load on another vehicle and the load exceeds 14 feet in height, the vehicle and load shall not be operated for a distance in excess of 25 miles from the point of origin of the trip. The operator of the transporting vehicle shall be a farmer or a person regularly employed by a farmer or farm corporation, and the operator transporting the vehicle shall have in his or her immediate possession a writing signed by the farmer or farm corporation agent which states the origin and destination of the trip. (Amended by Stats. 1982, Ch. 686, Sec. 2.)
  18. 36615.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. )

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    Implements of husbandry used or moved on a highway for agricultural operations are exempt from the chapter’s vehicle-length limits, but if they are in a combination that exceeds Section 35401’s length requirements, the combination may have only two vehicles in tandem.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. ) ## 36615. The limitations as to length of vehicles contained in Chapter 4 (commencing with Section 35400) do not apply to implements of husbandry operated or moved over a highway incidental to agricultural operations. Notwithstanding Section 36626, when an implement of husbandry is operated in a combination of vehicles that exceeds the length requirements of Section 35401, the combination is limited to two vehicles in tandem. (Amended by Stats. 1986, Ch. 973, Sec. 14.)
  19. 36625.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. )

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    Section 21715 does not apply to vehicles drawing or towing unladen implements of husbandry.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. ) ## 36625. The provisions of Section 21715 do not apply to any vehicle drawing or towing unladen implements of husbandry. (Added by Stats. 1963, Ch. 2149.)
  20. 36626.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. )

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    A qualifying motor truck may tow two cotton trailers on highways for a narrow cotton-transport purpose, and any added ballast must be 100-pound bags of sand.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. ) ## 36626. Notwithstanding the provisions of Section 21715, a motor truck with an unladen weight of not less than 3,500 pounds and a gross weight of not less than 4,200 pounds may tow a combination of two cotton trailers operated on the highways for the exclusive purpose of transporting cotton from a farm to a cotton gin and returning the empty trailers to such farm. Extra weight or ballast may be added to meet the requirements of this section and shall be in the form of 100-pound bags of sand. (Added by Stats. 1963, Ch. 2004.)
  21. 36627.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. )

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    A qualifying motortruck may tow two almond trailers for hauling almonds from a farm to an almond huller and back, and any added ballast must be 100-pound sand bags.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 6. Size, Weight and Load of Implements of Husbandry [36600 - 36627] ( Chapter 6 added by Stats. 1963, Ch. 2149. ) ## 36627. Notwithstanding the provisions of Section 21715, a motortruck with an unladen weight of not less than 3,500 pounds and a gross weight of not less than 4,200 pounds may tow a combination of two almond trailers operated on the highways for the exclusive purpose of transporting almonds from a farm to an almond huller and returning the empty trailers to such farm. Extra weight or ballast may be added to meet the requirements of this section and shall be in the form of 100-pound bags of sand. (Added by Stats. 1973, Ch. 293.)
  22. 36700.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 7. Other Requirements [36700 - 36705] ( Heading of Chapter 7 amended by Stats. 1977, Ch. 627. )

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    Implements of husbandry, farm trailers, and their owners, operators, or drivers must follow other Vehicle Code provisions that do not conflict with this division.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 7. Other Requirements [36700 - 36705] ( Heading of Chapter 7 amended by Stats. 1977, Ch. 627. ) ## 36700. All implements of husbandry, farm trailers or any other vehicles subject to the provisions of this division, and any owner, operator or driver of such vehicles, shall also comply with and be subject to all other provisions of this code which are not in conflict with the specific provisions contained in this division. (Added by Stats. 1963, Ch. 2149.)
  23. 36705.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 7. Other Requirements [36700 - 36705] ( Heading of Chapter 7 amended by Stats. 1977, Ch. 627. )

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    An automatic bale wagon wider than 96 inches, or carrying a load wider than 100 inches, may not be operated on a highway during darkness.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 7. Other Requirements [36700 - 36705] ( Heading of Chapter 7 amended by Stats. 1977, Ch. 627. ) ## 36705. No automatic bale wagon exceeding 96 inches in width or carrying a load in excess of 100 inches in width may be operated on any highway during darkness. (Added by Stats. 1977, Ch. 627.)
  24. 36800.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 8. General Provisions [36800- 36800.] ( Chapter 8 added by Stats. 1963, Ch. 2149. )

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    This division applies to all vehicles, public or private, when they are on the highways, unless another rule says otherwise.

    ## Vehicle Code - VEH ## DIVISION 16. IMPLEMENTS OF HUSBANDRY [36000 - 36800] ( Division 16 added by Stats. 1963, Ch. 2149. ) ## CHAPTER 8. General Provisions [36800- 36800.] ( Chapter 8 added by Stats. 1963, Ch. 2149. ) ## 36800. The provisions of this division, unless otherwise provided, apply to all vehicles, whether publicly or privately owned, when upon the highways. (Added by Stats. 1963, Ch. 2149.)
  25. 370.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “legal owner” for a vehicle.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 370. A “legal owner” is a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vehicle to the lessee for a period of 30 consecutive days or more. (Amended by Stats. 1963, Ch. 1867.)
  26. 371.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    For this code section, a lessee includes a bailee and a person involved in leasing a motor vehicle for a term over four months.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 371. Lessee includes “bailee” and is a person who leases, offers to lease, or is offered the lease of a motor vehicle for a term exceeding four months. (Added by Stats. 1976, Ch. 1284.)
  27. 372.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “lessor” for motor vehicle leasing.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 372. A “lessor” is a person who, for a term exceeding four months, leases or offers for lease, negotiates or attempts to negotiate a lease, or induce any person to lease a motor vehicle; and who receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from the lessee of said vehicle. “Lessor” includes “bailor” and “lease” includes “bailment.” (Added by Stats. 1976, Ch. 1284.)
  28. 373.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “lessor-retailer” as a lessor or renter who sells previously leased or rented vehicles in retail sales, except in the listed excluded situations.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 373. A “lessor-retailer” is a lessor or renter who, except under the circumstances described in subdivision (a) of Section 286, makes a retail sale or sales of a previously leased or rented vehicle or vehicles to other than any of the following: (a) The lessee of the vehicle, or the person who, for a period of at least one year, has been designated by the lessee as the driver of the vehicle covered by a written lease agreement. (b) A buyer for agricultural, business, or commercial purposes. (c) A government or governmental agency or instrumentality. (Amended by Stats. 1979, Ch. 561.)
  29. 375.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “lighting equipment” to include a listed set of lamps, devices, switches, mechanisms, reflectors, illuminating devices, and certain illuminated signs.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 375. “Lighting equipment” is any of the following lamps or devices: (a) A headlamp, auxiliary driving, passing, or fog lamp, fog taillamp, taillamp, stoplamp, supplemental stoplamp, license plate lamp, clearance lamp, side marker lamp, signal lamp or device, supplemental signal lamp, deceleration signal device, cornering lamp, running lamp, red, blue, amber, or white warning lamp, flashing red schoolbus lamp, side-mounted turn signal lamp, and schoolbus side lamp. (b) An operating unit or canceling mechanism for turn signal lamps or for the simultaneous flashing of turn signal lamps as vehicular hazard signals, and an advance stoplamp switch. (c) A flasher mechanism for turn signals, red schoolbus lamps, warning lamps, the simultaneous flashing of turn signal lamps as vehicular hazard signals, and the headlamp flashing systems for emergency vehicles. (d) Any equipment regulating the light emitted from a lamp or device or the light sources therein. (e) A reflector, including reflectors for use on bicycles, and reflectors used for required warning devices. (f) An illuminating device that emits radiation predominantly in the infrared or ultraviolet regions of the spectrum, whether or not these emissions are visible to the unaided eye. (g) An illuminated sign installed on a bus that utilizes an electronic display to convey the route designation, route number, run number, public service announcement, or any combination of this information, or an illuminated sign utilized pursuant to Section 25353.1. (Amended by Stats. 2011, Ch. 529, Sec. 2. (AB 607) Effective January 1, 2012.)
  30. 377.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    A “limit line” means a solid white line 12 to 24 inches wide that marks where traffic must stop.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 377. A “limit line” is a solid white line not less than 12 nor more than 24 inches wide, extending across a roadway or any portion thereof to indicate the point at which traffic is required to stop in compliance with legal requirements. (Enacted by Stats. 1959, Ch. 3.)
  31. 378.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “limousine,” “modified limousine,” and “wheelbase.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 378. (a) “Limousine” means any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state. (b) “Modified limousine” means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding the original equipment manufacturer’s published wheelbase dimension for the base model and year of the vehicle, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the driver, and is used in the transportation of passengers for hire. For purposes of this subdivision, “wheelbase” means the longitudinal distance between the vertical centerlines of the front and rear wheels. (Added by Stats. 2014, Ch. 860, Sec. 10. (SB 611) Effective September 30, 2014.)
  32. 380.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “liquefied petroleum gas.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 380. “Liquefied petroleum gas” means normal butane, isobutane, propane, or butylene (including isomers) or mixtures composed predominantly thereof in liquid or gaseous state having a vapor pressure in excess of 40 pounds per square inch absolute at a temperature of 100 degrees Fahrenheit. (Amended by Stats. 1977, Ch. 825.)
  33. 38000.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 1. General Provisions [38000 - 38007] ( Chapter 1 added by Stats. 1971, Ch. 1816. )

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    This division may be cited as the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 1. General Provisions [38000 - 38007] ( Chapter 1 added by Stats. 1971, Ch. 1816. ) ## 38000. This division may be cited as the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971. (Added by Stats. 1971, Ch. 1816.)
  34. 38001.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 1. General Provisions [38000 - 38007] ( Chapter 1 added by Stats. 1971, Ch. 1816. )

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    This section says the division applies to off-highway motor vehicles on public-access lands outside highways, with listed exceptions.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 1. General Provisions [38000 - 38007] ( Chapter 1 added by Stats. 1971, Ch. 1816. ) ## 38001. (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.)
  35. 38006.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 1. General Provisions [38000 - 38007] ( Chapter 1 added by Stats. 1971, Ch. 1816. )

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    This section defines “off-highway motor vehicle” for this division.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 1. General Provisions [38000 - 38007] ( Chapter 1 added by Stats. 1971, Ch. 1816. ) ## 38006. 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.)
  36. 38007.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 1. General Provisions [38000 - 38007] ( Chapter 1 added by Stats. 1971, Ch. 1816. )

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    The division must adopt off-highway motor vehicle safety and environmental preservation instruction courses by January 1, 2005, consult specified agencies for that purpose, and make the course available directly, by contract, or through authorized volunteers.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 1. General Provisions [38000 - 38007] ( Chapter 1 added by Stats. 1971, Ch. 1816. ) ## 38007. 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.)
  37. 38010.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    Certain off-highway motor vehicles must display a department-issued identification plate or device unless a listed exception applies.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38010. (a) Except as otherwise provided in subdivision (b), a motor vehicle specified in subdivision (b) of 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 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) A 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. (10) A motor vehicle with a currently valid identification or registration permit issued by another state, if the other state recognizes an identification plate or device issued by the department pursuant to subdivision (a) as valid for use in that state. (Amended by Stats. 2025, Ch. 588, Sec. 2. (SB 586) Effective January 1, 2026.)
  38. 38012.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    This section defines “off-highway motor vehicle subject to identification” and “off-highway motor vehicle.”

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 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. (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. (6) An off-highway electric motorcycle as defined in Section 436.1. (Amended by Stats. 2025, Ch. 588, Sec. 3. (SB 586) Effective January 1, 2026.)
  39. 38013.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    Unless otherwise provided, “identification” and “identification certificate” mean the same as “registration” and “registration card” in Division 3.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38013. Unless otherwise provided, the terms “identification” and “identification certificate” shall have the same meaning as the terms “registration” and “registration card,” respectively, as used in Division 3 (commencing with Section 4000). (Added by Stats. 1971, Ch. 1816.)
  40. 38014.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    This section defines “closed course” for this division.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38014. As used in this division, “closed course” includes, but is not limited to, a speedway, racetrack, or a prescribed and defined route of travel on or off a highway that is closed to all motor vehicles other than those of participants. A closed course is one which is not available at any time for vehicular access by the general public. (Added by Stats. 1975, Ch. 1050.)
  41. 38020.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    A person generally may not operate or leave standing an off-highway motor vehicle that is not registered unless it is identified under this chapter.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38020. Except as otherwise provided in this division, a person shall not operate or leave standing an off-highway motor vehicle subject to identification under this code that is not registered under the provisions of Division 3 (commencing with Section 4000), unless it is identified under the provisions of this chapter. A violation of this section is an infraction. Riding in violation of seasons established by Section 2412(f) and 2415 of Title 13 of the California Code of Regulations constitutes a violation of this section. This section shall not apply to the operation, transportation, or leaving standing of an off-highway vehicle pursuant to a valid special permit. (Amended by Stats. 2014, Ch. 345, Sec. 18. (AB 2752) Effective January 1, 2015.)
  42. 38021.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    Some manufacturers, dealers, distributors, or their agents may use certain off-highway motor vehicles without an identification certificate or plate if each vehicle has a special permit. Licensed persons under the cited licensing article do not need that permit if the vehicle is operated under special plates issued to them.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38021. (a) A manufacturer, dealer, or distributor, or his agent, owning or lawfully possessing any off-highway motor vehicle of a type otherwise required to be identified hereunder may operate or use such vehicle without an identification certificate and plate or device upon condition that each such vehicle is accompanied by a special permit issued to the manufacturer, dealer, or distributor as provided in this division. (b) Persons licensed pursuant to Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 need not obtain such a permit provided the vehicle is operated or used under special plates issued to the licensee. (Amended by Stats. 1976, Ch. 1093.)
  43. 38022.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    Motorcycles with a special transportation identification device may be transported on a highway to and from a closed course, despite Section 4000.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 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. (Added by Stats. 1975, Ch. 1050.)
  44. 38025.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    Off-highway vehicles with the required plate or device may be driven on a highway only in the specific ways listed here.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38025. In accordance with subdivision (c) of Section 4000, a motor vehicle issued a plate or device pursuant to Section 38160 may be operated or driven upon a highway but only as follows: (a) On a two-lane highway, only to cross the highway at an angle of approximately 90 degrees to the direction of the roadway and at a place where a quick and safe crossing may be made, or only when the roadway is not maintained by snow removal equipment and is closed to motor vehicles that are subject to registration pursuant to Division 3 (commencing with Section 4000), or only to cross a highway in the manner specified in subdivision (b). (b) With respect to the crossing of a highway having more than two lanes, or a highway having limited access, a motor vehicle may cross a highway but only at a place designated by the Department of Transportation or local authorities with respect to a highway under their respective jurisdictions as a place where a motor vehicle, or specified types of motor vehicle, may cross a highway, and a vehicle shall cross the highway only at that designated place and only in a quick and safe manner. (c) The Department of Transportation and local authorities with respect to a highway under their respective jurisdictions may designate, by the erection of an appropriate sign of a type approved by the Department of Transportation, a place where a motor vehicle, or specified type of motor vehicle, may cross a highway having more than two lanes or having limited access. (d) A motor vehicle identified pursuant to Section 38010 may be towed upon a highway, but not driven, if the vehicle displays a plate or device issued pursuant to Section 38160. (e) A motorcycle identified pursuant to Section 38010 may be pushed upon a highway, but not ridden, if the motorcycle has displayed upon it a plate or device issued pursuant to Section 38160. (f) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may operate or drive an off-highway vehicle identified pursuant to Section 38010 upon a highway in an emergency response situation. (Amended by Stats. 2003, Ch. 135, Sec. 1. Effective January 1, 2004.)
  45. 38026.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    Certain public authorities may designate qualifying highways for combined off-highway vehicle use, but must notify the Highway Patrol commissioner, avoid unsafe segments and freeways, and keep the designation within the three-mile limit unless another section allows otherwise.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38026. (a) In addition to Section 38025 and after complying with subdivision (c) of this section, if a local authority, an agency of the federal government, or the Director of Parks and Recreation finds that a highway, or a portion of a highway, under the jurisdiction of the authority, agency, or the director, as the case may be, is located in a manner that provides a connecting link between off-highway motor vehicle trail segments, between an off-highway motor vehicle recreational use area and necessary service facilities, or between lodging facilities and an off-highway motor vehicle recreational facility and if it is found that the highway is designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of off-highway motor vehicles on that highway, the local authority, by resolution or ordinance, agency of the federal government, or the Director of Parks and Recreation, as the case may be, may designate that highway, or a portion of a highway, for combined use and shall prescribe rules and regulations therefor. A highway, or portion of a highway, shall not be so designated for a distance of more than three miles, except as provided in Sections 38026.1, 38026.2, and 38026.3. A freeway shall not be designated under this section. (b) The Off-Highway Motor Vehicle Recreation Commission may propose highway segments for consideration by local authorities, an agency of the federal government, or the Director of Parks and Recreation for combined use. (c) Prior to designating a highway or portion of a highway on the motion of the local authority, an agency of the federal government, or the Director of Parks and Recreation, or as a recommendation of the Off-Highway Motor Vehicle Recreation Commission, a local authority, an agency of the federal government, or the Director of Parks and Recreation shall notify the Commissioner of the California Highway Patrol, and shall not designate any segment pursuant to subdivision (a) which, in the opinion of the commissioner, would create a potential traffic safety hazard. (d) (1) A designation of a highway, or a portion of a highway, under subdivision (a) shall become effective upon the erection of appropriate signs of a type approved by the Department of Transportation on and along the highway, or portion of the highway. (2) The cost of the signs shall be reimbursed from the Off-Highway Vehicle Trust Fund, when appropriated by the Legislature, or by expenditure of funds from a grant or cooperative agreement made pursuant to Section 5090.50 of the Public Resources Code. (Amended by Stats. 2024, Ch. 592, Sec. 1. (SB 632) Effective January 1, 2025.)
  46. 38026.2.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    The City of Needles may create a limited pilot project for combined-use highways, but it must meet listed safety, signage, speed, hearing, and reporting requirements.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38026.2. (a) Except as provided in subdivision (e), the City of Needles may establish a pilot project to designate combined-use highways on roads in the city for no more than 10 miles so that the combined-use highways can be used to link existing off-highway motor vehicle trails and trailheads on federal Bureau of Land Management or United States Forest Service lands, and to link off-highway motor vehicle recreational-use areas with necessary service and lodging facilities, in order to provide a unified system of trails for off-highway motor vehicles, preserve traffic safety, improve natural resource protection, reduce off-highway vehicle trespass on private land, and minimize impacts on city residents. (b) A pilot project established pursuant to this section shall do all of the following: (1) Prescribe a procedure for highway, road, or route selection and designation. The procedure shall be approved by a vote of a majority of the city council. (2) Prescribe a procedure for the city to remove a combined-use designation, including a designation that is removed as a result of the conclusion of the pilot program. (3) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, all of the following: (A) Devices to warn of dangerous conditions, obstacles, or hazards. (B) Designations of the right-of-way for regular vehicular traffic and off-highway motor vehicles. (C) A description of the nature and destination of the off-highway motor vehicle trail. (D) Warning signs for pedestrians and motorists of the presence of off-highway motor vehicle traffic. (4) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers’ licensing, helmet usage, and the requirements specified in Section 38026.5. (5) Prohibit off-highway motor vehicles from traveling faster than 35 miles per hour on highways designated under this section. (6) (A) Prohibit a combined-use highway road segment designated under this section from exceeding 10 miles. (B) Notwithstanding subparagraph (A), two or more combined-use highway road segments may share a common starting point or ending point and may partially overlap as long as the resulting network of the highway road segments does not include more than three distinct locations of shared starting or ending points, or both. (7) Include an opportunity for public comment at a public hearing held by the city in order to evaluate the pilot project. (c) A pilot project established pursuant to this section may include use of a state highway, subject to the approval of the Department of Transportation, or any crossing of a highway designated pursuant to Section 38025. (d) (1) By selecting and designating a highway for combined use pursuant to this section, the city agrees to defend and indemnify the state against any and all claims, including legal defense and liability arising from a claim, for any safety-related losses or injuries arising or resulting from use by off-highway motor vehicles of a highway designated as a combined-use highway by the city council pursuant to this section. (2) This subdivision does not alter the requirements of subdivision (e). (e) The city shall not designate a highway for combined use pursuant to this section unless the Commissioner of the Department of the California Highway Patrol finds that designating the highway for combined use would not create a potential traffic safety hazard. (f) (1) Not later than January 1, 2027, the City of Needles, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, shall prepare and submit to the Legislature a report evaluating the pilot project, and containing all of the following: (A) A description of the road segments designated to allow combined use for over three miles, as approved or adopted by a majority vote of the members of the City of Needles city council. (B) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows, safety, off-highway vehicle usage on existing trails, incursions into areas not designated for off-highway vehicle usage, and nonmotorized recreation. (C) A description of the public comments received at a public hearing held by the city in regards to an evaluation of the pilot project. (2) On or before January 1, 2027, the City of Needles, in consultation with the entities listed in paragraph (1), shall prepare and submit a report to the Legislature that includes the information specified in paragraph (1). (g) On or before January 1, 2027, the City of Needles, in consultation with the Department of Fish and Wildlife and the Mojave Desert Air Quality Management District, shall prepare and submit a report to the Legislature on the operation and impacts of the combined-use highways designated pursuant to this section, and the portions of any adjoining trails in close proximity to those highways, including impacts to neighboring lands affected by the system, if any. The report shall include the latest available information, including, but not limited to, impacts on cultural resources and archaeological sites, streambed modifications and water quality impacts, impacts on protections for wildlife and aquatic habitat, native plants, and wildlife, traffic, particulate pollution, and noise. (h) (1) The reports submitted pursuant to subdivisions (f) and (g) shall be submitted in compliance with Section 9795 of the Government Code. (2) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date. (Added by Stats. 2022, Ch. 185, Sec. 4. (AB 2152) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
  47. 38026.3.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    The department may set up a limited pilot project for combined-use highways in Red Rock Canyon State Park, but only with required approvals and safety limits.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38026.3. (a) Except as provided in subdivision (d), the Department of Parks and Recreation may establish a pilot project to designate combined-use highways on roads in Red Rock Canyon State Park for no more than 10 miles so that the combined-use highways can be used to link existing off-highway motor vehicle trails and trailheads on federal Bureau of Land Management or United States Forest Service lands, and to link off-highway motor vehicle recreational-use areas with necessary service and lodging facilities, in order to provide a unified system of trails for off-highway motor vehicles, preserve traffic safety, improve natural resource protection, and reduce off-highway vehicle trespass on private land. (b) A pilot project established pursuant to this section shall do all of the following: (1) Prescribe a procedure for highway, road, or route selection and designation. The procedure shall be approved by the director of the department. (2) Prescribe a procedure for the department to remove a combined-use designation, including a designation that is removed as a result of the conclusion of the pilot project. (3) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, all of the following: (A) Devices to warn of dangerous conditions, obstacles, or hazards. (B) Designations of the right-of-way for regular vehicular traffic and off-highway motor vehicles. (C) A description of the nature and destination of the off-highway motor vehicle trail. (D) Warning signs for pedestrians and motorists of the presence of off-highway motor vehicle traffic. (4) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers’ licensing, helmet usage, and the requirements specified in Section 38026.5. (5) Prohibit off-highway motor vehicles from traveling faster than 35 miles per hour on highways designated under this section. (6) (A) Prohibit a combined-use highway road segment designated under this section from exceeding 10 miles. (B) Notwithstanding subparagraph (A), two or more combined-use highway road segments may share a common starting point or ending point and may partially overlap as long as the resulting network of the highway road segments does not include more than three distinct locations of shared starting or ending points, or both. (7) Include an opportunity for public comment at a public hearing held by the department in order to evaluate the pilot project. (c) A pilot project established pursuant to this section may include use of a state highway, subject to the approval of the Department of Transportation, or any crossing of a highway designated pursuant to Section 38025. (d) The department shall not designate a highway for combined use pursuant to this section unless the Commissioner of the Department of the California Highway Patrol finds that designating the highway for combined use would not create a potential traffic safety hazard. (e) (1) Not later than January 1, 2029, the department, in consultation with the Department of the California Highway Patrol and the Department of Transportation, shall prepare and submit to the Legislature a report evaluating the pilot project that contains all of the following: (A) A description of the road segments designated to allow combined use for over three miles. (B) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows, safety, off-highway vehicle usage on existing trails, incursions into areas not designated for off-highway vehicle usage, and nonmotorized recreation. (C) A description of the public comments received at a public hearing held by the department in regards to an evaluation of the pilot project. (2) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date. (Added by Stats. 2024, Ch. 592, Sec. 2. (SB 632) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.)
  48. 38026.5.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    Certain off-highway vehicles may be driven on designated local highways if legal conditions are met; several specific uses on combined-use highways are prohibited.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38026.5. (a) In accordance with subdivision (c) of Section 4000, a motor vehicle issued a plate or device pursuant to Section 38160 may be operated or driven on a local highway, or a portion of the local highway, that is designated pursuant to Section 38026, 38026.1, 38026.2, or 38026.3 if the operation is in conformance with this code and the vehicle complies with off-highway vehicle equipment requirements specified in this division. (b) Notwithstanding subdivision (a), it is unlawful for a person using an off-highway vehicle on a combined-use highway to do any of the following: (1) Operate an off-highway motor vehicle on the highway during the hours of darkness. (2) Operate a vehicle on the highway that does not have an operational stoplight. (3) Operate a vehicle on the highway that does not have rubber tires. (4) Operate a vehicle without a valid driver’s license of the appropriate class for the vehicle operation in possession. (5) Operate a vehicle on the highway without complying with Article 2 (commencing with Section 16020) of Chapter 1 of Division 7. (Amended by Stats. 2024, Ch. 592, Sec. 3. (SB 632) Effective January 1, 2025.)
  49. 38027.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    Motor-driven cycles with a plate or device under Section 38160 may be moved next to a roadway only by nonmechanical means, and only for limited access to or return from off-highway vehicle areas when no other route exists. The Department of Transportation or a local authority may also designate certain access routes to off-highway parks for off-highway vehicle use if those routes are open only to pedestrians and off-highway motor vehicles.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38027. Motor-driven cycles issued a plate or device pursuant to Section 38160 may be moved, by nonmechanical means only, adjacent to a roadway, in such a manner so as to not interfere with traffic upon the highway, only for the purpose of gaining access to, or returning from, areas designed for the operation of off-highway vehicles, when no other route is available. The Department of Transportation or local authority may designate access routes leading to off-highway parks as suitable for the operation of off-highway vehicles, if such access routes are available to the general public only for pedestrian and off-highway motor vehicle travel. (Amended by Stats. 1976, Ch. 1093.)
  50. 38030.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. )

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    An unidentified off-highway motor vehicle may be left standing near a dealer’s business for loading, unloading, or storage, unless another law already forbids it.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 1. Motor Vehicles Subject to Identification [38010 - 38030] ( Article 1 added by Stats. 1971, Ch. 1816. ) ## 38030. Notwithstanding the provisions of Section 38020, an unidentified off-highway motor vehicle subject to identification may be left standing upon a highway or public or private property adjacent to the place of business of a dealer of such motor vehicles when done so in connection with the loading and unloading or storage of such vehicles to be used in the dealer’s business, unless already prohibited by law. (Amended by Stats. 1973, Ch. 78.)
  51. 38040.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. )

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    The vehicle owner must apply to the department for original identification on the department’s form, and the application must include specified owner and vehicle details.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. ) ## 38040. Application for the original identification of a motor vehicle, other than a motorcycle, required to be identified pursuant to this division shall be made by the owner to the department upon the appropriate form furnished by it and shall contain all of the following: (a) The true, full name, business or residence and mailing address, and the driver’s license or identification card number, if any, of the owner and the legal owner, if any. (b) The name of the county in which the owner resides. (c)A description of the vehicle, including the following, insofar as it may exist: (1) The make, model, and type of body. (2) The vehicle identification number or any other number as may be required by the department. (d) Information as may reasonably be required by the department to enable it to determine whether the vehicle is lawfully entitled to identification. (Amended by Stats. 1994, Ch. 1221, Sec. 18. Effective January 1, 1995.)
  52. 38041.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. )

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    The owner must apply to the department for original motorcycle identification using the form the department provides.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. ) ## 38041. Application for the original identification of a motorcycle shall be made by the owner to the department upon the appropriate form furnished by it, and shall contain: (a) The true, full name, business or residence and mailing address, and the driver’s license or identification card number, if any, of the owner and the legal owner, if any. (b) The name of the county in which the owner resides. (c) A description of the motorcycle including the following data insofar as it may exist: (1) The make and type of body. (2) The motor and frame numbers recorded exactly as stamped on the engine and frame, respectively, by the manufacturer, and any other identifying number of the motorcycle as may be required by the department. (3) The date first sold by a manufacturer or dealer to a consumer. (d) Such information as may reasonably be required by the department to enable it to determine whether the vehicle is lawfully entitled to identification. (e) The department shall maintain a cross-index file of motor and frame numbers identified with it. The application shall be accompanied by a tracing, tape lift, or photograph of the motor or frame numbers, or where the facsimile of the motor or frame numbers cannot be obtained, a verification of the numbers shall be required. (Amended by Stats. 1994, Ch. 1221, Sec. 19. Effective January 1, 1995.)
  53. 38045.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. )

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    This section lets off-highway vehicles be titled in co-ownership, and it sets how title and transfer rights work depending on whether the names use “or” or “and.”

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. ) ## 38045. Ownership of title to an off-highway motor vehicle subject to identification under this division may be held by two (or more) coowners as provided in Section 682 of the Civil Code, except that: (a) A vehicle may be identified in the names of two (or more) persons as coowners in the alternative by the use of the word “or.” A vehicle so identified in the alternative shall be deemed to be held in joint tenancy. Each coowner shall be deemed to have granted to the other coowners the absolute right to dispose of the title and interest in the vehicle. Upon the death of a coowner, the interest of the decedent shall pass to the survivor as though title or interest in the vehicle was held in joint tenancy, unless a contrary intention is set forth in writing upon the application for identification. (b) A vehicle may be identified in the names of two (or more) persons as coowners in the alternative by the use of the word “or” and if declared in writing upon the application for identification by the applicants to be community property, or tenancy in common, shall grant to each coowner the absolute power to transfer the title or interest of the other coowners only during the lifetime of such coowners. (c) A vehicle may be identified in the names of two (or more) persons as coowners in the conjunctive by the use of the word “and” and shall thereafter require the signature of each coowner or his personal representative to transfer title to the vehicle, except where title to the vehicle is set forth in joint tenancy, the signature of each coowner or his personal representative shall be required only during the lifetime of the coowners, and upon death of a coowner title shall pass to the surviving coowner. (d) The department may adopt suitable abbreviations to appear upon the certificate of identification and certificate of ownership to designate the manner in which title to the vehicle is held if set forth by the coowners upon the application for identification. (Added by Stats. 1971, Ch. 1816.)
  54. 38050.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. )

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    If ownership evidence is missing for an identification or transfer application, the department may accept an undertaking or bond instead.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. ) ## 38050. In the absence of the regularly required supporting evidence of ownership upon application for identification or transfer of a vehicle, the department may accept an undertaking or bond which shall be conditioned to protect the department and all officers and employees thereof and any subsequent purchaser of the vehicle, any person acquiring a lien or security interest thereon, or the successor in interest of such purchaser or person against any loss or damage on account of any defect in or undisclosed claim upon the right, title, and interest of the applicant or other person in and to the vehicle. (Added by Stats. 1971, Ch. 1816.)
  55. 38055.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. )

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    If the vehicle is no longer identified in this state and the valid certificate of ownership is surrendered to the department, the bond or undertaking must be returned and surrendered at the end of three years or earlier.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. ) ## 38055. In the event the vehicle is no longer identified in this state and the currently valid certificate of ownership is surrendered to the department, the bond or undertaking shall be returned and surrendered at the end of three years or prior thereto. (Amended by Stats. 1982, Ch. 517, Sec. 402.)
  56. 38060.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. )

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    If an address changes after an off-highway vehicle identification application or certificate, the person must notify the department within 10 days and then update the certificate to show the new address.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 2. Original Identification [38040 - 38060] ( Article 2 added by Stats. 1971, Ch. 1816. ) ## 38060. (a) Whenever any person, after making application for identification of an off-highway motor vehicle subject to identification, or after the identification either as owner or legal owner, moves or acquires a new address different from the address shown in the application or upon the certificate of ownership or identification certificate, that person shall, within 10 days thereafter, notify the department of his or her old and new addresses. (b) Any owner having notified the department as required in subdivision (a), shall immediately mark out the former on the face of the certificate and write with pen and ink or type the new on the face of the certificate immediately below the former address and initial the entry. (Amended by Stats. 1982, Ch. 466, Sec. 118.)
  57. 38070.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

    Verify source ↗

    When the department identifies an off-highway motor vehicle that is subject to identification, it must issue the ownership certificate and the identification certificate as specified.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38070. The department, upon identifying an off-highway motor vehicle subject to identification, shall issue a certificate of ownership to the legal owner and an identification certificate to the owner, or both to the owner if there is no legal owner. (Amended by Stats. 1976, Ch. 1093.)
  58. 38075.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

    Verify source ↗

    An identification certificate must show specified ownership and vehicle details. The director may change the certificate’s form and information, but may not allow a general delivery or post office box address for the identified owner unless no other address exists.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38075. (a) The identification certificate shall contain upon the face thereof the date issued, the name and residence or business or mailing address of the owner and of the legal owner, if any, the identification number to the vehicle, and a description of the vehicle as complete as that required in the application for the identification of a vehicle. (b) The director may modify the form, arrangement, and information appearing on the face of the identification certificate and may provide for standardization and abbreviation of fictitious or firm names thereon whenever he finds that the efficiency of the department will be promoted thereby, except that general delivery or post office box numbers shall not be permitted as the address of the identified owner unless there is no other address. (Amended by Stats. 1989, Ch. 1213, Sec. 17.)
  59. 38076.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

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    The certificate of ownership must include specified information, including transfer notice and transfer application provisions.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38076. The certificate of ownership shall contain: (a) Not less than the information required upon the face of the identification certificate. (b) Provision for notice to the department of a transfer of the title or interest of the owner or legal owner. (c) Provision for application for transfer of identification by the transferee. (Added by Stats. 1971, Ch. 1816.)
  60. 38080.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

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    The department may authorize certain licensed dealers to use a specified identification process and temporary devices for off-highway vehicles they sell. Some off-highway vehicles may be operated without an identification plate, device, or certificate if a department-issued receipt or similar proof is displayed and fees have been paid.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38080. (a) The department may authorize, under Section 4456, dealers licensed under Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 to use the process described in Section 4456 and corresponding temporary identification devices upon off-highway motor vehicles subject to identification that they sell. (b) Off-highway motor vehicles subject to identification that are purchased from dealers not required to be licensed under Article 1 (commencing with Section 11700) of Chapter 4 of Division 5, or that are specially constructed by the owner or owners, may be operated off-highway, as provided by this division, without an identification plate or device or identification certificate, provided a receipt or other suitable device issued by the department is displayed upon the vehicle evidencing an application has been made and appropriate fees paid pursuant to this division, until the identification plate or device and identification certificate are received from the department. (c) This section shall become operative January 1, 2019. (Repealed (in Sec. 25) and added by Stats. 2016, Ch. 90, Sec. 26. (AB 516) Effective January 1, 2017. Section operative January 1, 2019, by its own provisions.)
  61. 38085.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

    Verify source ↗

    An owner must keep the identification certificate, or a copy, with the vehicle whenever it is operated or transported.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38085. (a) Every owner upon receipt of an identification certificate shall maintain the same or a facsimile copy thereof with the vehicle for which it is issued at all times when the vehicle is operated or transported. (b) The provisions of this section do not apply when an identification certificate is removed from the vehicle for the purpose of application for renewal or transfer of identification. (Amended by Stats. 1988, Ch. 1268, Sec. 19.)
  62. 38087.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

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    The department may issue special permits for certain off-highway motor vehicles, if the specified fees are paid, and those permits expire on a set date.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38087. (a) Upon payment of the fees specified in Section 38231, the department may issue to manufacturers, dealers, distributors, or their agents, a special permit to operate or use for the purpose of delivery, demonstration, or display, off-highway motor vehicles otherwise required to be identified under this division. (b) Special permits issued pursuant to this section shall expire at midnight on the 30th day of June in the second calendar year following the year of issuance of such permit. (Amended by Stats. 1976, Ch. 1093.)
  63. 38087.5.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

    Verify source ↗

    The Department of Parks and Recreation may issue a special permit to a nonresident for an off-highway motor vehicle if the specified fee is paid; the permit expires on December 31 of the year it is issued.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38087.5. (a) Upon payment of the fee specified in Section 38231.5, the Department of Parks and Recreation may issue to a nonresident of this state a special permit to operate an off-highway motor vehicle otherwise required to be identified under this chapter. (b) Special permits issued under this section shall expire on December 31 in the year of their issuance. (Added by Stats. 1996, Ch. 572, Sec. 2. Effective January 1, 1997.)
  64. 38087.7.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

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    The Department of Parks and Recreation must issue a “sanctioned event permit” to California residents who pay the specified fee, for qualifying off-road motorcycles and sanctioned events.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38087.7. (a) Upon payment of the fee specified in Section 38231.7, the Department of Parks and Recreation shall issue an annual special permit, to be known as the “sanctioned event permit,” to California residents to operate an off-road motorcycle at a sanctioned event. The sanctioned event permit shall be available for online purchase beginning January 1, 2026. (b) A sanctioned event permit shall expire on December 31 of the year that the permit is issued. (c) A sanctioned event permit shall only be available to California residents and for model year 2022 and newer off-road motorcycles that are not eligible for the “Green Sticker” or “Red Sticker” off-highway vehicle identification issued by the department. (d) A sanctioned event permit shall be displayed on the left side of an off-road motorcycle and shall be visible for inspection at sanctioned events. A sanctioned event permit shall be nonrefundable, nonreplaceable, and void if removed from an off-road motorcycle. (e) For purposes of this section, “sanctioned event” means an event approved by an agency within its guidelines for off-highway vehicle competition or racing events. (Added by Stats. 2024, Ch. 446, Sec. 1. (SB 708) Effective January 1, 2025.)
  65. 38088.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

    Verify source ↗

    The department must issue a special transportation identification device for a qualifying motorcycle when the fee is paid, but it cannot issue a certificate of ownership with that device.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 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. (Added by Stats. 1975, Ch. 1050.)
  66. 38090.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

    Verify source ↗

    If an identification certificate, plate, or device is stolen, lost, mutilated, or illegible, the vehicle owner must promptly apply for a replacement, and the department may issue a duplicate, substitute, or new identification number if satisfactory information is provided.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38090. If any identification certificate or identification plate or device is stolen, lost, mutilated or illegible, the owner of the vehicle for which the same was issued, as shown by the records of the department, shall immediately make application for and may, upon furnishing information satisfactory to the department, obtain a duplicate or substitute or a new identification under a new number, as determined to be most advisable by the department. An application for a duplicate identification certificate is not required in conjunction with any other application. (Amended by Stats. 1988, Ch. 1268, Sec. 20.)
  67. 38095.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

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    If a certificate of ownership is stolen, lost, mutilated, or illegible, the legal owner—or if there is none, the vehicle owner—must immediately apply for a duplicate and may get one if the department is satisfied with the information provided.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38095. If any certificate of ownership is stolen, lost, mutilated or illegible, the legal owner or, if none, the owner of the vehicle for which the same was issued as shown by the records of the department shall immediately make application for and may, upon furnishing information satisfactory to the department, obtain a duplicate. (Added by Stats. 1971, Ch. 1816.)
  68. 38100.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. )

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    This section makes specified Vehicle Code sections fully applicable to identified off-highway motor vehicles and says “identification” and “identification certificate” mean the same as “registration” and “registration card” in those sections.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 3. Evidences of Identification [38070 - 38100] ( Article 3 added by Stats. 1971, Ch. 1816. ) ## 38100. The provisions of Sections 4458, 4460, 4461, 4462, 4463, and 4464 shall be fully applicable to motor vehicles identified under this division and the terms “identification” and “identification certificate” shall have the same meaning as the terms “registration” and “registration card,” respectively, as used in those sections. (Amended by Stats. 1976, Ch. 1093.)
  69. 38110.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. )

    Verify source ↗

    Certificates of ownership for off-highway vehicles are not renewed; they stay valid until the department suspends, revokes, or cancels them for cause or when an interest is transferred.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. ) ## 38110. Certificates of ownership shall not be renewed but shall remain valid until suspended, revoked, or canceled by the department for cause or upon transfer of any interest shown therein. (Added by Stats. 1971, Ch. 1816.)
  70. 38115.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. )

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    Identification certificates expire at midnight on June 30 of the second calendar year after issuance, and the department may renew them if the proper fees are paid.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. ) ## 38115. Every motor vehicle identification and identification certificate issued pursuant to this division shall expire at midnight on the 30th day of June in the second calendar year following the year of issuance of such certificate. The department may upon payment of the proper fees renew such identification. (Amended by Stats. 1976, Ch. 1093.)
  71. 38120.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. )

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    Owners must apply for renewal of identification for off-highway motor vehicles by midnight on June 30 of the expiration year, and the application must include the owner’s name and, if any, driver’s license or ID number.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. ) ## 38120. (a) Application for renewal of identification of off-highway motor vehicles subject to identification shall be made by the owner not later than midnight of the 30th day of June of the expiration year. The application shall contain the true, full name and driver’s license or identification card number, if any, of the owner. (b) Whenever any application for identification or transfer of ownership of an off-highway motor vehicle subject to identification is filed with the department between June 1 and June 30 of the year of expiration, the application shall be accompanied by the full renewal fees in addition to any other fees then due and payable. (c) Whenever an application for identification or transfer of ownership of an off-highway motor vehicle subject to identification is filed with the department between January 1 and May 31 of the year of expiration, the application may be accompanied by full renewal fees in addition to any other fees then due and payable, which renewal fees shall be for the two-year period following June 30th of the year in which paid. (Amended by Stats. 1994, Ch. 1221, Sec. 20. Effective January 1, 1995.)
  72. 38121.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. )

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    Before off-highway vehicle identification expires, the owner must file a nonoperation certification if the identification will not be renewed, and pay a $15 filing fee.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. ) ## 38121. (a) Prior to the expiration of the identification of an off-highway motor vehicle, if that identification is not to be renewed prior to its expiration, the owner of the vehicle shall file, under penalty of perjury, a certification that the vehicle will not be operated, used, or transported on public property or private property in a manner so as to subject the vehicle to identification during the subsequent identification period without first making an application for identification of the vehicle, including full payment of all fees. The certification of nonoperation is valid until the identification is renewed under subdivision (c). (b) Each certification of nonoperation filed pursuant to subdivision (a) shall be accompanied by a filing fee of fifteen dollars ($15). (c) An application for renewal of identification, whether or not accompanied by an application for transfer of title to, or any interest in, the vehicle, shall be submitted to the department with payment of the required fees for the current identification period and without penalty for delinquent payment of fees imposed under this code if the department receives the application on or before the date the vehicle is first operated, used, or transported on public property or private property in a manner so as to subject the vehicle to identification and certification of nonoperation required pursuant to subdivision (a). (d) A certification of nonoperation is not required to be filed pursuant to subdivision (a) for a vehicle on which the identification expires while being held as inventory by a dealer or lessor-retailer. (Amended by Stats. 2003, Ch. 719, Sec. 27. Effective January 1, 2004.)
  73. 38125.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. )

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    If an off-highway motor vehicle was stolen or embezzled and later recovered, the owner or legal owner may obtain or renew identification within 20 days after recovery by filing an affidavit, if the theft or embezzlement was reported.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. ) ## 38125. Whenever by reason of the theft or embezzlement of an off-highway motor vehicle subject to identification the owner or legal owner is not in possession of the vehicle at the time penalties accrue for failure to obtain identification, or renewal thereof, the owner or legal owner may secure the identification or renewal of the identification of the vehicle within 20 days after its recovery upon filing an affidavit setting forth the circumstances of the theft or embezzlement if the theft or embezzlement of the vehicle has been reported pursuant to provisions of this code, without penalty for delinquent payment of fees imposed under this division. (Amended by Stats. 1974, Ch. 947.)
  74. 38130.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. )

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    An off-highway motor vehicle may be operated after application for identification is made, until the new identification indicia are received, if the prior plate/device and any validating device are displayed on the vehicle.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. ) ## 38130. When application for identification of an off-highway motor vehicle subject to identification has been made as required by this division, the vehicle may be operated pursuant to this division until the new indicia of current identification have been received from the department on condition that there be displayed on the vehicle the identification plate or device and validating device, if any, issued to the vehicle for the previous identification term. (Added by Stats. 1971, Ch. 1816.)
  75. 38135.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. )

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    The department may issue a new off-highway vehicle identification certificate or endorse a receipt or validation when an identification is renewed, if the required fees are paid.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 4. Renewal of Identification [38110 - 38135] ( Article 4 added by Stats. 1971, Ch. 1816. ) ## 38135. The department may, upon renewing of an identification of off-highway motor vehicles subject to identification, issue a new identification certificate or may endorse or authorize the endorsement of a receipt or validation upon payment of the required fees. The receipt or validation to be stamped upon the identification certificate last issued for the vehicle during the preceding period, or upon a potential identification certificate issued near the close of the preceding period, which identification certificate so endorsed or validated shall constitute the identification certificate for the ensuing two-year period. If the identification certificate and potential identification certificate are unavailable, a fee as specified in Section 38260 shall not be paid. (Amended by Stats. 1988, Ch. 1268, Sec. 21.)
  76. 38145.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 5. Refusal of Identification [38145 - 38150] ( Article 5 added by Stats. 1971, Ch. 1816. )

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    The department must refuse identification, renewal, or transfer of identification for an off-highway motor vehicle if the application is false or fraudulent, or if the required fee has not been paid.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 5. Refusal of Identification [38145 - 38150] ( Article 5 added by Stats. 1971, Ch. 1816. ) ## 38145. The department shall refuse the identification or renewal or transfer of identification of an off-highway motor vehicle subject to identification upon any of the following grounds: (a) That the application contains any false or fraudulent statement. (b) That the required fee has not been paid. (Added by Stats. 1971, Ch. 1816.)
  77. 38150.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 5. Refusal of Identification [38145 - 38150] ( Article 5 added by Stats. 1971, Ch. 1816. )

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    The department may refuse identification, renewal, or transfer of identification for an off-highway motor vehicle in listed circumstances.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 5. Refusal of Identification [38145 - 38150] ( Article 5 added by Stats. 1971, Ch. 1816. ) ## 38150. The department may refuse the identification or renewal or transfer of identification of an off-highway motor vehicle subject to identification in any of the following circumstances: (a) If the department is satisfied that the applicant is not entitled thereto under this code. (b) If the applicant has failed to furnish the department with information required in the application or reasonable additional information required by the department. (c) If the department determines that the applicant has made or permitted unlawful use of any identification certificate, certificate of ownership, identification plates, or other identifying indicia. (Amended by Stats. 1976, Ch. 1093.)
  78. 38160.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 6. Identification Plate or Device [38160 - 38170] ( Article 6 added by Stats. 1971, Ch. 1816. )

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    The department must issue the owner a suitable identification plate or device for an off-highway motor vehicle it identifies as subject to identification.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 6. Identification Plate or Device [38160 - 38170] ( Article 6 added by Stats. 1971, Ch. 1816. ) ## 38160. The department, upon identifying an off-highway motor vehicle subject to identification, shall issue to the owner a suitable identification plate or device which is capable of being attached to the vehicle in such a manner so as to not endanger the operator or passengers of the vehicle, and which shall identify the vehicle for which it is issued for the period of its validity. (Added by Stats. 1971, Ch. 1816.)
  79. 38165.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 6. Identification Plate or Device [38160 - 38170] ( Article 6 added by Stats. 1971, Ch. 1816. )

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    The department must set the identification plate/device specifications and issue a validity tab or sticker during interim periods. It also had to report recommendations by July 1, 2009 and work with vehicle manufacturers when preparing that report.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 6. Identification Plate or Device [38160 - 38170] ( Article 6 added by Stats. 1971, Ch. 1816. ) ## 38165. (a) The department shall determine the size, color, and letters or number of the plate or device issued pursuant to this division and the life of the series of plate or device issued, but in no event less than six years. The design of the plate or device shall have the identification number as the most prominent feature of the device. During the intervening identification periods for which the plate or device is issued, the department shall issue a tab, sticker, or other suitable device to indicate the term for which such plate or device will be valid. (b) On or before July 1, 2009, the department, in conjunction with the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation, shall report to the Assembly Committee on Water, Parks and Wildlife and the Senate Committee on Natural Resources and Water, regarding recommendations to improve the identification of off-highway motor vehicles. At a minimum, the report shall examine the benefits and challenges of all of the following: (1) Using multiple identification stickers for each vehicle. (2) Using large-print identifying numbers or letters. (3) Various identifying devices, such as license plates and stickers. (4) Requiring license plates or other device alternatives for certain off-highway vehicle types. (5) Including a unique number for special nonresident permits issued under Section 38087.5. (c) In preparing the report, the department and the Division of Off-Highway Motor Vehicle Recreation shall work with vehicle manufacturers to evaluate feasibility. (Amended by Stats. 2007, Ch. 541, Sec. 23. Effective January 1, 2008.)
  80. 38170.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 6. Identification Plate or Device [38160 - 38170] ( Article 6 added by Stats. 1971, Ch. 1816. )

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    Off-highway motor vehicles subject to identification must display the assigned identification details or device, keep the plate or device securely attached, visible, and legible, and not cover it.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 6. Identification Plate or Device [38160 - 38170] ( Article 6 added by Stats. 1971, Ch. 1816. ) ## 38170. (a) Every 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 be used on the identification plate or device. (c) All identification plates or devices 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. (Amended by Stats. 1994, Ch. 14, Sec. 1. Effective January 1, 1995.)
  81. 38180.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 7. Dismantling of Off-Highway Motor Vehicles [38180 - 38185] ( Article 7 added by Stats. 1971, Ch. 1816. )

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    Chapter 3 of Division 5 applies to off-highway motor vehicles subject to identification, except where this article provides otherwise.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 7. Dismantling of Off-Highway Motor Vehicles [38180 - 38185] ( Article 7 added by Stats. 1971, Ch. 1816. ) ## 38180. Chapter 3 (commencing with Section 11500) of Division 5 shall be applicable to off-highway motor vehicles subject to identification, except as provided in this article. (Added by Stats. 1971, Ch. 1816.)
  82. 38185.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 7. Dismantling of Off-Highway Motor Vehicles [38180 - 38185] ( Article 7 added by Stats. 1971, Ch. 1816. )

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    A dismantled or salvage off-highway motor vehicle cannot be identified again until the department inspects it.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 7. Dismantling of Off-Highway Motor Vehicles [38180 - 38185] ( Article 7 added by Stats. 1971, Ch. 1816. ) ## 38185. No off-highway motor vehicle subject to identification which has been reported dismantled or sold as salvage may be subsequently identified until it has been inspected by the department. (Added by Stats. 1971, Ch. 1816.)
  83. 38195.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

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    Chapter 2 of Division 3 applies to off-highway motor vehicles subject to identification, with certain term substitutions and specific sections excluded.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38195. The provisions of Chapter 2 (commencing with Section 5600) of Division 3 shall be applicable to off-highway motor vehicles subject to identification, and the terms “registration,” “registration card,” and “registered” as used therein, shall apply to the terms “identification,” “identification certificate,” and “identified,” respectively, except that Sections 5901, 5902, 5903, 5904, 5906, and 6052 shall not apply. (Added by Stats. 1971, Ch. 1816.)
  84. 38200.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

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    Licensed dealers must notify the department in writing after transferring covered off-highway motor vehicles, unless the transfer is a new unidentified vehicle to another dealer.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38200. (a) Every licensed dealer upon transferring by sale, lease, or otherwise any off-highway motor vehicle subject to identification, whether new or used, of a type subject to identification under this division, shall, not later than the end of the fifth calendar day thereafter, not counting the day of sale, lease, or other transfer, give written notice of the transfer to the department upon an appropriate form provided by it; but a dealer need not give the notice when selling or transferring a new unidentified off-highway motor vehicle subject to identification to another dealer. A “sale” shall be deemed completed and consummated when the purchaser of that vehicle has paid the purchase price, or, in lieu thereof, has signed a purchase contract or security agreement, and taken physical possession or delivery of that vehicle. (b) Every dealer of off-highway motor vehicles subject to identification who is not licensed with the department, and who engages only in the sale of vehicles of a type not properly equipped for operation upon the highway and that are restricted to off-highway operation or use, shall comply with the provisions of Section 5900, or such regulations as the director determines are necessary to carry out the provisions of this division. (Amended by Stats. 1975, Ch. 440.)
  85. 38205.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

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    A transferee who receives a properly endorsed certificate of ownership must endorse and forward it, pay the transfer fee and any other required fee, and apply for transfer of identification within 10 days. The applicant must also provide a driver’s license or identification card number if the form asks for it.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38205. Whenever any person has received as transferee a properly endorsed certificate of ownership, he or she shall, within 10 days thereafter, endorse the ownership certificate as required and forward the ownership certificate with the proper transfer fee and, if required under Section 38120, any other fee due and thereby make application for transfer of identification. The certificate of ownership shall contain a space for the applicant’s driver’s license or identification card number, and the applicant shall furnish that number, if any, in the space provided. (Amended by Stats. 1994, Ch. 1221, Sec. 21. Effective January 1, 1995.)
  86. 38210.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A dealer holding an off-highway motor vehicle for resale does not have to apply for transfer, but must comply with the division when later transferring the title or interest to someone else.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38210. When the transferee of an off-highway motor vehicle subject to identification is a dealer who holds such vehicle for resale, the dealer is not required to make application for transfer, but upon transferring his title or interest to another person he shall comply with this division. (Added by Stats. 1971, Ch. 1816.)
  87. 38211.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

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    The department must withhold vehicle identification or title transfer until the applicant pays the use tax and any penalty, unless specified evidence or a no-tax finding is provided.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 8. Transfers of Title or Interest [38195 - 38211] ( Heading of Article 8 renamed from Chapter 3 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38211. (a) The department shall withhold identification of or the transfer of ownership of any vehicle subject to identification under this division until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law, together with penalty, if any, unless the purchaser presents evidence on a form prescribed by the State Board of Equalization that sales tax will be paid by the seller or that use tax has been collected by the seller or that the State Board of Equalization finds that no use tax is due. If the applicant so desires, he may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his application for identification or transfer of ownership, and thereafter he may apply through the Department of Motor Vehicles to the State Board of Equalization under the provisions of the Sales and Use Tax Law for a refund of the amount so paid. (b) The department shall transmit to the State Board of Equalization all collections of use tax and penalty made under this section. This transmittal shall be made at least monthly, accompanied by a schedule in such form as the department and board may prescribe. (c) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. Such reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance. (d) In computing any use tax or penalty thereon under the provisions of this section dollar fractions shall be disregarded in the manner specified in Section 9559 of this code. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law insofar as they are applicable to the use of vehicles to which this section relates. (Added by Stats. 1971, Ch. 1816.)
  88. 38225.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A $7 service fee must be paid to the department for issuance or renewal of off-highway vehicle identification, and a $33 special fee is also due for an identification plate or device.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 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) 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) 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. (Amended by Stats. 2017, Ch. 456, Sec. 1. (SB 159) Effective October 3, 2017.)
  89. 38225.4.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A $3 fee must be paid when off-highway motor vehicle identification is issued or renewed, unless expressly exempted.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38225.4. In addition to the service fees specified in subdivision (a) of Section 38225, as amended by Section 6 of Chapter 964 of the Statutes of 1992, a fee of three dollars ($3) shall be paid at the time of issuance or renewal of identification of off-highway motor vehicles subject to identification, except as expressly exempted under this division. The department shall deposit the fee received under this section in the Motor Vehicle Account in the State Transportation Fund. The money deposited in the account pursuant to this section shall be available, upon appropriation by the Legislature, for expenditure to offset the costs of maintaining the uniformed field strength of the Department of the California Highway Patrol. (Amended (as added by Stats. 1994, Ch. 1197) by Stats. 2003, Ch. 719, Sec. 29. Effective January 1, 2004.)
  90. 38225.5.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A $3 fee must be paid when off-highway vehicle identification is issued or renewed, unless a division exemption applies.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38225.5. In addition to the service fees specified in Section 38225, a fee of three dollars ($3) shall be paid at the time of issuance or renewal of identification of off-highway vehicles subject to identification, except as expressly exempted under this division. The department shall deposit the fee received under this section in the Motor Vehicle Account in the State Transportation Fund. The money deposited in the account pursuant to this section shall be available, upon appropriation by the Legislature, for expenditure to offset the costs of increasing the uniformed field strength of the Department of the California Highway Patrol beyond its 1994 staffing level and those costs associated with maintaining this new level of uniformed field strength and carrying out those duties specified in subdivision (a) of Section 830.2 of the Penal Code. (Amended by Stats. 2003, Ch. 719, Sec. 30. Effective January 1, 2004.)
  91. 38230.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A $4 fee must be paid for issuing or renewing identification for each off-highway motor vehicle subject to identification, on top of the fees in Section 38225.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38230. In addition to the fees imposed by Section 38225, there shall be paid a four-dollar ($4) fee for the issuance or renewal of identification for every off-highway motor vehicle subject to identification. The fee imposed by this section is in lieu of all taxes according to value levied for state or local purposes. (Added by Stats. 1971, Ch. 1816.)
  92. 38231.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Special-permit fees under Section 38087 must match the prevailing identification fees set out in Sections 38225 and 38230, and they must be deposited and distributed like other identification fees in this chapter.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38231. The fees for a special permit issued under Section 38087 shall be the prevailing identification fees as set forth in Sections 38225 and 38230 and shall be deposited and distributed as are identification fees under this chapter. (Added by Stats. 1972, Ch. 973.)
  93. 38231.5.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    This section sets the special permit fee, lets the Department of Parks and Recreation adjust the nonresident fee to cover program costs, and requires the department to handle printing, sale, and deposit of the fees.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38231.5. (a) The fee for a special permit issued under Section 38087.5 shall be not less than twenty dollars ($20), as established by the Department of Parks and Recreation. The Department of Parks and Recreation may adjust the special permit fee for a permit issued to a nonresident of this state under Section 38087.5, as necessary, to recover the costs of this program. After deducting its administrative and vendor costs, the Department of Parks and Recreation shall deposit the fees received under this section in the Off-Highway Vehicle Trust Fund. Money in the fund shall be allocated, upon appropriation, as provided in Sections 5090.50 and 5090.64 of the Public Resources Code. (b) The Department of Parks and Recreation shall print the special permits required by Section 38087.5 and shall supervise the sale of those permits throughout the state. (c) The Department of Parks and Recreation shall either distribute and sell the special permits directly or contract with vendors according to rules and regulations established by that department. The vendors shall receive a commission in an amount not to exceed 5 percent of the fee imposed pursuant to subdivision (a) for each special permit sold. The Department of Parks and Recreation may solicit the participation of qualified retail commercial enterprises engaged in the sale or rental of off-highway vehicles, equipment, accessories, or supplies to act as authorized vendors of the special permits and may authorize local and federal agencies that provide off-highway vehicle opportunities to act as authorized vendors of the special permits. (Amended by Stats. 2002, Ch. 563, Sec. 41. Effective January 1, 2003.)
  94. 38231.7.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    The Department of Parks and Recreation must deposit fees from this section into the Off-Highway Vehicle Trust Fund, and it may set or adjust the fee amount.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38231.7. The Department of Parks and Recreation shall set, and may adjust, the amount of the fee to recover the operating and administrative costs of a sanctioned event permit issued pursuant to Section 38087.7. The Department of Parks and Recreation shall deposit fees received pursuant to this section in the Off-Highway Vehicle Trust Fund. (Added by Stats. 2024, Ch. 446, Sec. 2. (SB 708) Effective January 1, 2025.)
  95. 38232.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A $15 special fee must be paid to the department for issuing a special transportation identification device.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 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. (Amended by Stats. 2003, Ch. 719, Sec. 31. Effective January 1, 2004.)
  96. 38235.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Money collected by the department under Section 38230 must be reported monthly to the Controller and deposited in the State Treasury for the Off-Highway License Fee Fund.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38235. All money collected by the department under Section 38230 shall be reported monthly to the Controller and at the same time be deposited in the State Treasury to the credit of the Off-Highway License Fee Fund, which is hereby created. (Amended by Stats. 1995, Ch. 970, Sec. 5. Effective January 1, 1996.)
  97. 38240.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    The Controller must allocate certain off-highway vehicle fees to cities and counties in July and January each fiscal year, and cities or counties may spend some of those funds outside their limits if the stated conditions are met.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38240. (a) The Controller shall allocate the fees collected under Section 38230 in July and January of each fiscal year to cities and counties based upon the proportional estimated off-highway motor vehicle use and related activity within the respective jurisdictions pursuant to the report described in subdivision (d) of Section 5090.15 of the Public Resources Code. (b) The funds collected under Section 38230 shall be used for the purposes set forth in Sections 5090.50 and 5090.64 of the Public Resources Code. (c) In addition to the purposes set forth in subdivision (b), funds received by a city or county pursuant to this section may be expended for facilities located outside the limits of the city or county if both of the following conditions are met: (1) The funds are expended for the purposes of acquiring, developing, and constructing trails, areas, or other facilities for the use of off-highway motor vehicles. (2) The funds are expended pursuant to an agreement with the city in which the facility is located or with the county in which the facility is located if the facility is located in an unincorporated territory. (d) This section shall become operative on January 1, 2006. (Repealed (in Sec. 21) and added by Stats. 2004, Ch. 908, Sec. 22. Effective January 1, 2005. Section operative January 1, 2006, by its own provisions.)
  98. 38245.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    If an off-highway motor vehicle that must be identified is operated or transported in California before the required fees have been paid, the fee is delinquent.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38245. Whenever an off-highway motor vehicle subject to identification is operated or transported in this state without the fees required by this division having first been paid, the fee is delinquent. (Amended by Stats. 1973, Ch. 974.)
  99. 38246.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Late renewal or late fee payment can trigger a penalty; a vehicle transferee may have 20 days after transfer to pay due identification fees or file a certificate of nonoperation.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38246. (a) A penalty shall be added upon any application for renewal of identification made on or after the day following the expiration date, except as provided in Section 4605, 38121, or 38247. (b) If the fee specified in subdivision (a) or (b) of Section 38255 is not paid within 10 days after the fee becomes delinquent, a penalty shall be assessed. (c) If renewal fee penalties have not accrued and the ownership of the vehicle is transferred, the transferee has 20 days from the date of transfer to pay the identification fees that become due without payment of any penalties that would otherwise be required under subdivision (a) or to file a certificate of nonoperation pursuant to subdivision (a) of Section 38121, if the vehicle will not be operated, used, or transported on public property or private property in a manner so as to subject the vehicle to identification during the subsequent identification period without first making application for identification of the vehicle, including full payment of all fees. (d) Except as otherwise provided in this section, if any fee is not paid within 20 days after the fee becomes delinquent, a penalty shall be assessed. (Amended by Stats. 1999, Ch. 1008, Sec. 17. Effective January 1, 2000.)
  100. 38247.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

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    The department may waive some identification penalties or unpaid identification fees for a vehicle transfer when the buyer was unaware of the unpaid amounts and the required fees are paid.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38247. (a) When a transferee or purchaser of a vehicle applies for transfer of identification, as provided in Section 38205, and it is determined by the department that penalties accrued prior to the purchase of the vehicle, and that the transferee or purchaser was not cognizant of the nonpayment of the fees for identification for the current or prior identification years, the department may waive the identification penalties upon payment of the fees for identification due. (b) Other provisions of this code notwithstanding, the director may at his discretion investigate into the circumstances of any application for identification to ascertain if penalties had accrued through no fault or intent of the owner. Provided such circumstances prevail, the director may waive any penalties upon payment of the fees for identification then due. (c) When a transferee or purchaser of a vehicle applies for transfer of identification of a vehicle, and it is determined by the department that fees for identification of the vehicle for any year are unpaid and due, that such fees became due prior to the purchase of the vehicle by the transferee or purchaser and that the transferee or purchaser was not cognizant of the fact that such fees were unpaid and due, the department may waive such fees and any penalty thereon when the identification fees due for the vehicle for the current year are paid. (d) Upon the transfer of a vehicle for which fees for identification and any penalties thereon are unpaid and due, such fees and penalties are, notwithstanding the provisions of Article 6 (commencing with Section 9800) of this chapter, the personal debt of the transferor of the vehicle who did not pay such fees and penalties when they became due or accrued. Such fees and penalties may be collected by the department in an appropriate civil action if the department has waived such fees and penalties pursuant to subdivision (c). (Added by Stats. 1976, Ch. 935.)
  101. 38250.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    If a transferee receives a properly endorsed certificate of ownership and the transfer fee is not paid within 10 days, the fee becomes delinquent.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38250. Whenever any person has received as transferee a properly endorsed certificate of ownership and the transfer fee has not been paid as required by this division within 10 days, the fee is delinquent. (Amended by Stats. 1988, Ch. 1268, Sec. 23.)
  102. 38255.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    If someone applies to transfer ownership or an interest in an off-highway motor vehicle, fees must be paid.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38255. Upon application for transfer of ownership or any interest of an owner, or legal owner in or to any off-highway motor vehicle identified under this division, there shall be paid the following fees: (a) For a transfer by the owner ........................ $15 (b) For a transfer by the legal owner ........................ $15 (c) When application is presented showing a transfer by both the owner and legal owner ........................ $15 (Amended by Stats. 2003, Ch. 719, Sec. 32. Effective January 1, 2004.)
  103. 38260.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    An applicant must pay a $15 fee when applying for certain duplicate or substitute ownership/identification items.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38260. Upon application for a duplicate ownership certificate or identification certificate, or a duplicate or substitute identification plate or device, or any other tabs, stickers, or devices, there shall be paid a fee in the amount of fifteen dollars ($15). (Amended by Stats. 2003, Ch. 719, Sec. 33. Effective January 1, 2004.)
  104. 38265.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Late transfers incur a $15 penalty, and lateness on fees under Sections 38225 and 38230 incurs a penalty equal to one-half of the computed fee.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership [38010 - 38265] ( Chapter 2 added by Stats. 1971, Ch. 1816. ) ## ARTICLE 9. Identification Fees [38225 - 38265] ( Heading of Article 9 renamed from Chapter 4 (and placed in Chapter 2) by Stats. 1976, Ch. 1093. ) ## 38265. (a) The penalty for delinquency in respect to any transfer shall be fifteen dollars ($15), and shall apply only to the last transfer. (b) The penalty for delinquency in respect to the fees imposed by Sections 38225 and 38230 shall be equal to one-half the fee after it has been computed. (Amended by Stats. 2003, Ch. 719, Sec. 34. Effective January 1, 2004.)
  105. 38280.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. )

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    Public-land authorities may place and maintain traffic signs, signals, and other control devices when needed to indicate the law or regulations, or to warn or guide traffic.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38280. Federal, state, or local authorities having jurisdiction over public lands may place or cause to be placed and maintained, such appropriate signs, signals and other traffic control devices as may be necessary to properly indicate and carry out any provision of law or any duly adopted regulation of such governmental authority or to warn or guide traffic. (Repealed and added by Stats. 1976, Ch. 1093.)
  106. 38285.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Only signs, signals, markings, or devices that meet the adopted standards may be placed under Section 38280; temporary special signs may be used for traffic control at sanctioned events on public lands with permission.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38285. Only those signs, signals, markings, or devices that conform to the uniform standards and specifications adopted by the Department of Parks and Recreation, with the approval of the Off-Highway Motor Vehicle Recreation Commission, shall be placed as provided in Section 38280. Special signs, signals, markings, or devices may be used on a temporary basis for purposes of directing traffic on and at sanctioned events conducted on public lands with permission of the agency having administrative jurisdiction over such lands. (Amended by Stats. 1984, Ch. 729, Sec. 1.)
  107. 38286.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Some off-highway vehicle operating rules do not apply to a motor vehicle used in an organized racing event if the event is run by a recognized sanctioning body or authorized by permit.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38286. The 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, and subdivision (h) of Section 38370 shall 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. (Amended by Stats. 2002, Ch. 563, Sec. 44. Effective January 1, 2003.)
  108. 38300.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Drivers of any vehicle must not disobey any sign, signal, or traffic control device placed or maintained under Section 38280.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38300. It is unlawful for the driver of any vehicle to disobey any sign, signal, or traffic control device placed or maintained pursuant to Section 38280. (Repealed and added by Stats. 1976, Ch. 1093.)
  109. 38301.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    It is unlawful to drive a vehicle contrary to special public-lands regulations, and driving a motor vehicle in a closed area can be punished by fines and possible cost assessments.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38301. (a) It is unlawful to operate a vehicle in violation of special regulations which have been promulgated by the governmental agency having jurisdiction over public lands, including, but not limited to, regulations governing access, routes of travel, plants, wildlife, wildlife habitat, water resources, and historical sites. (b) A person who operates a motor vehicle in an area closed to that vehicle is guilty of a public offense and shall be punished as follows: (1) Except as provided in paragraphs (2) and (3), the offense is an infraction punishable by a fine not exceeding fifty dollars ($50). (2) For a second offense committed within seven years after a prior violation for which there was a conviction punishable under paragraph (1), the offense is an infraction punishable by a fine not exceeding seventy-five dollars ($75). (3) For a third or subsequent offense committed within seven years after two or more prior violations for which there were convictions punishable under this section, the offense is punishable by a fine not exceeding one hundred fifty dollars ($150). In addition to the fine, the court may assess costs sufficient to repair property damage resulting from the violation. (Amended by Stats. 2007, Ch. 541, Sec. 25. Effective January 1, 2008.)
  110. 38301.3.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person who enters a wilderness area in violation of a state or federal motor-vehicle entry restriction commits a public offense and can be fined, jailed, and have the vehicle impounded in some repeat cases.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38301.3. Notwithstanding subdivision (d) of Section 5008 of the Public Resources Code, or any other provision of state law, and to the extent authorized under federal law, a person who violates a state or federal regulation that prohibits entry of a motor vehicle into all or portions of an area designated as a federal or state wilderness area is guilty of a public offense and shall be punished as follows: (a) Except as provided in subdivisions (b) and (c), the offense is an infraction punishable by a fine not exceeding one hundred fifty dollars ($150). (b) For a second offense committed within seven years after a prior violation for which there was a conviction punishable under subdivision (a), the offense is an infraction punishable by a fine not exceeding two hundred twenty-five dollars ($225). (c) (1) For a third or subsequent offense committed within seven years after two or more prior violations for which there were convictions punishable under this section, the offense is a misdemeanor punishable by a fine not exceeding three hundred dollars ($300) or by imprisonment in the county jail not exceeding 90 days, or by both that fine and imprisonment. (2) In addition to the fine imposed under paragraph (1), the court may order impoundment of the vehicle used in the offense under the following conditions: (A) The person convicted under this subdivision is the owner of the vehicle. (B) The vehicle is subject to Section 4000 or 38010. (3) The period of impoundment imposed pursuant to this subdivision shall be not less than one day nor more than 30 days. The impoundment shall be at the owner’s expense. (Added by Stats. 2005, Ch. 571, Sec. 4. Effective January 1, 2006.)
  111. 38301.5.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Violating certain local off-highway vehicle entry ordinances can lead to an infraction or misdemeanor, fines, jail time, and possible vehicle impoundment.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38301.5. Every person convicted of violating a local ordinance which is adopted by a city with a population over 2,000,000 persons pursuant to Section 38301 and which prohibits entry into all or portions of an area designated by ordinance as a mountain fire district shall be punished as follows: (a) Except as provided in subdivisions (b) and (c), the offense is an infraction punishable by a fine not exceeding one hundred fifty dollars ($150). (b) For a second offense committed within one year of a prior violation for which there was a conviction punishable under subdivision (a), the offense is punishable as an infraction by a fine not exceeding two hundred fifty dollars ($250). (c) (1) For a third or subsequent offense committed within one year of two or more prior violations for which there were convictions punishable under this section, the offense is punishable as a misdemeanor by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail not exceeding 90 days, or by both that fine and imprisonment. Additionally, the court may order impoundment of the vehicle used in the offense under the following conditions: (A) The person convicted under this subdivision is the owner of the vehicle. (B) The vehicle is subject to Section 38010. (2) The period of impoundment imposed pursuant to this subdivision shall be not less than one day nor more than 30 days. The impoundment shall be at the owner’s expense. (Added by Stats. 1984, Ch. 1015, Sec. 1.)
  112. 38302.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person must not place or erect off-highway traffic signs, signals, or traffic control devices on public lands unless authorized by law.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. Traffic Signs, Signals, and Markings [38280 - 38302] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38302. It is unlawful for any person to place or erect any sign, signal, or traffic control device for off-highway traffic upon public lands unless authorized by law. (Added by Stats. 1976, Ch. 1093.)
  113. 38304.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Operating Controls [38304 - 38304.1] ( Article 2 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    An off-highway motor vehicle operator must be able to reach and use all controls needed to operate the vehicle safely.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Operating Controls [38304 - 38304.1] ( Article 2 added by Stats. 1976, Ch. 1093. ) ## 38304. The operator of an off-highway motor vehicle shall be able to reach and operate all controls necessary to safely operate the vehicle. (Added by Stats. 1976, Ch. 1093.)
  114. 38304.1.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Operating Controls [38304 - 38304.1] ( Article 2 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A parent, guardian, or authorized supervising adult must not let a child under 14 operate an off-highway motor vehicle in a way that violates Section 38304.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Operating Controls [38304 - 38304.1] ( Article 2 added by Stats. 1976, Ch. 1093. ) ## 38304.1. (a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child, shall grant permission to, or knowingly allow, that child to operate an off-highway motor vehicle in a manner that violates Section 38304. (b) A person convicted of a violation of subdivision (a) is punishable as follows: (1) For a first conviction, the court shall impose a fine of thirty-five dollars ($35). (2) For a second conviction, a fine of not less than thirty-five dollars ($35) nor more than fifty dollars ($50). (3) For a third or any subsequent conviction, a fine of not less than fifty dollars ($50) nor more than seventy-five dollars ($75). (Added by Stats. 2009, Ch. 414, Sec. 3. (AB 134) Effective January 1, 2010.)
  115. 38305.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 3. Speed Laws [38305 - 38310] ( Article 3 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person must not drive an off-highway motor vehicle faster than is reasonable or prudent, or in a way that endangers people or property.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 3. Speed Laws [38305 - 38310] ( Article 3 added by Stats. 1976, Ch. 1093. ) ## 38305. No person shall drive an off-highway motor vehicle at a speed greater than is reasonable or prudent and in no event at a speed which endangers the safety of other persons or property. (Added by Stats. 1976, Ch. 1093.)
  116. 38310.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 3. Speed Laws [38305 - 38310] ( Article 3 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Within 50 feet of a campground, campsite, or concentration of people or animals, the prima facie speed limit is 15 miles per hour unless a different limit is authorized by this code and posted with signs.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 3. Speed Laws [38305 - 38310] ( Article 3 added by Stats. 1976, Ch. 1093. ) ## 38310. The prima facie speed limit within 50 feet of any campground, campsite, or concentration of people or animals shall be 15 miles per hour unless changed as authorized by this code and, if so changed, only when signs have been erected giving notice thereof. (Added by Stats. 1976, Ch. 1093.)
  117. 38312.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Turning and Starting [38312 - 38314] ( Article 4 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person may not move a stopped, standing, or parked off-highway motor vehicle unless the movement can be made with reasonable safety.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Turning and Starting [38312 - 38314] ( Article 4 added by Stats. 1976, Ch. 1093. ) ## 38312. No person shall place in motion an off-highway motor vehicle that is stopped, standing, or parked until such movement can be made with reasonable safety. (Added by Stats. 1976, Ch. 1093.)
  118. 38314.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Turning and Starting [38312 - 38314] ( Article 4 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person must not turn an off-highway motor vehicle or move it right or left unless the movement can be done with reasonable safety.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Turning and Starting [38312 - 38314] ( Article 4 added by Stats. 1976, Ch. 1093. ) ## 38314. No person shall turn an off-highway motor vehicle from a direct course or move right or left until such movement can be made with reasonable safety. (Added by Stats. 1976, Ch. 1093.)
  119. 38316.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Reckless Driving [38316 - 38318.5] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person must not drive an off-highway motor vehicle with willful and wanton disregard for the safety of others or property.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Reckless Driving [38316 - 38318.5] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38316. (a) It is unlawful for any person to drive any off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property. (b) Any person who violates this section shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than five days nor more than 90 days or by fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) or by both such fine and imprisonment, except as provided in Section 38317. (Amended by Stats. 1983, Ch. 1092, Sec. 397. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  120. 38317.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Reckless Driving [38316 - 38318.5] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person driving an off-highway motor vehicle that recklessly causes bodily injury can be punished on conviction.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Reckless Driving [38316 - 38318.5] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38317. Whenever reckless driving of an off-highway motor vehicle proximately causes bodily injury to any person, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 398. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  121. 38318.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Reckless Driving [38316 - 38318.5] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Throwing substances at an off-highway motor vehicle or its occupant is a misdemeanor, and doing so with intent to do great bodily injury using specified objects or a firearm is a felony.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Reckless Driving [38316 - 38318.5] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38318. (a) Any person who throws any substance at an off-highway motor vehicle or occupant thereof is guilty of a misdemeanor and shall be punished pursuant to Section 42002 by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (b) Any person who, with intent to do great bodily injury, maliciously and willfully throws or projects any rock, brick, bottle, metal, or other missile, projects any other substance capable of doing serious bodily harm, or discharges a firearm at an off-highway motor vehicle or occupant thereof is guilty of a felony. (Amended by Stats. 1984, Ch. 729, Sec. 1.5.)
  122. 38318.5.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Reckless Driving [38316 - 38318.5] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    It is an offence to maliciously remove or alter safety or guidance markers or signs for off-highway motor vehicles, and related conduct can trigger misdemeanor, felony, and civil-damages consequences.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Reckless Driving [38316 - 38318.5] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38318.5. (a) Any person who maliciously removes or alters trail, danger, or directional markers or signs provided for the safety or guidance of off-highway motor vehicles is guilty of a misdemeanor and shall be punished pursuant to Section 42002 by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (b) Any person who, with intent to do great bodily injury (1) proximately causes great bodily injury to any person as a result of acts prohibited by subdivision (a), or (2) erects or places any cable, chain, rope, fishing line, or other similar material which is unmarked or intentionally placed, or both, for malicious purpose is guilty of a felony. (c) Any person convicted under subdivision (a) or (b) shall, if the violation proximately causes one or more adverse environmental impacts, also be liable in civil damages for the cost of mitigation, restoration, or repair thereof, in addition to any other liability imposed by law. (Amended by Stats. 1985, Ch. 1322, Sec. 1.)
  123. 38319.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 6. Littering and Environmental Protection [38319 - 38321] ( Article 6 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person may not operate, and an owner may not allow the operation of, an off-highway motor vehicle in a way likely to cause malicious or unnecessary damage to land, wildlife, wildlife habitat, or vegetation.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 6. Littering and Environmental Protection [38319 - 38321] ( Article 6 added by Stats. 1976, Ch. 1093. ) ## 38319. No person shall operate, nor shall an owner permit the operation of, an off-highway motor vehicle in a manner likely to cause malicious or unnecessary damage to the land, wildlife, wildlife habitat or vegetative resources. (Added by Stats. 1976, Ch. 1093.)
  124. 38320.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 6. Littering and Environmental Protection [38319 - 38321] ( Article 6 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    This section forbids littering or dumping certain materials on public or private areas and sets a minimum $50 fine for violations.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 6. Littering and Environmental Protection [38319 - 38321] ( Article 6 added by Stats. 1976, Ch. 1093. ) ## 38320. (a) No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing, upon any area, public or private, any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or kill wild or domestic animal or plant life or damage traffic using such area, or any noisome, nauseous or offensive matter of any kind. (b) No person shall place, deposit or dump, or cause to be placed, deposited or dumped, any rocks or dirt in or upon any area, public or private, without the consent of the property owner or public agency having jurisdiction over the area. (c) Any person who violates this section shall, upon conviction thereof, be punished by a fine of not less than fifty dollars ($50). No part of such fine shall be suspended. The court may permit the fine required by this section to be paid in installments if the court determines that the defendant is unable to pay the fine in one lump sum. (Amended by Stats. 1983, Ch. 1092, Sec. 399. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  125. 38321.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 6. Littering and Environmental Protection [38319 - 38321] ( Article 6 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    People who leave certain material on an area must remove it immediately. If they do not, the responsible agency or landowner may remove it and recover the removal cost, and possibly other damages, by civil action.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 5. Off-Highway Vehicle Operating Rules [38280 - 38321] ( Chapter 5 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 6. Littering and Environmental Protection [38319 - 38321] ( Article 6 added by Stats. 1976, Ch. 1093. ) ## 38321. (a) Any person who drops, dumps, deposits, places, or throws, or causes or permits to be dropped, dumped, deposited, placed, or thrown, upon any area, any material described in Section 38320, shall immediately remove the material or cause it to be removed. (b) If such person fails to comply with the provisions of this section, the governmental agency responsible for the maintenance of the area, or the property owner of the land on which the material has been deposited, may remove such material and collect, by civil action, if necessary, the actual cost of the removal operation in addition to any other damages authorized by law from the person who did not comply with the requirements of this section. (Added by Stats. 1976, Ch. 1093.)
  126. 38325.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. General Provisions [38325 - 38330] ( Article 1 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    This chapter applies to all off-highway motor vehicles defined in Section 38006 when they are operated in areas where this division applies.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. General Provisions [38325 - 38330] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38325. The provisions of this chapter shall apply to all off-highway motor vehicles, as defined in Section 38006, when operated in areas in which this division has application. (Added by Stats. 1976, Ch. 1093.)
  127. 38330.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. General Provisions [38325 - 38330] ( Article 1 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    It is unlawful to operate a vehicle or combination of vehicles that is unsafe, not properly equipped, or not safely loaded.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 1. General Provisions [38325 - 38330] ( Article 1 added by Stats. 1976, Ch. 1093. ) ## 38330. It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, which is not equipped as required by this chapter or the equipment regulations of the governmental agency having jurisdiction over public lands, or which is not safely loaded. (Added by Stats. 1976, Ch. 1093.)
  128. 38335.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Lighting Equipment [38335 - 38346] ( Article 2 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    When operated at night around sunset and sunrise, each motor vehicle must have at least one lighted white headlamp facing forward.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Lighting Equipment [38335 - 38346] ( Article 2 added by Stats. 1976, Ch. 1093. ) ## 38335. When operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle shall be equipped with at least one lighted white headlamp directed toward the front of the vehicle. Such lamp shall be of an intensity sufficient to reveal persons and vehicles at a distance of at least 200 feet. (Added by Stats. 1976, Ch. 1093.)
  129. 38345.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Lighting Equipment [38335 - 38346] ( Article 2 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Certain vehicles must have a lighted red taillamp when operated at night.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Lighting Equipment [38335 - 38346] ( Article 2 added by Stats. 1976, Ch. 1093. ) ## 38345. When operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle which is not in combination with any other vehicle shall be equipped with at least one lighted red taillamp which shall be clearly visible from the rear. (a) Every such vehicle or vehicles at the end of a combination of vehicles shall be equipped with one lighted red taillamp when operated from one-half hour after sunset to one-half hour before sunrise. (Added by Stats. 1976, Ch. 1093.)
  130. 38346.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Lighting Equipment [38335 - 38346] ( Article 2 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person must not display flashing or steady red or blue warning lights on an off-highway motor vehicle, unless Section 21055 permits it or an extreme hazard exists.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 2. Lighting Equipment [38335 - 38346] ( Article 2 added by Stats. 1976, Ch. 1093. ) ## 38346. A person shall not display a flashing or steady burning red or blue warning light on an off-highway motor vehicle except as permitted by Section 21055 or when an extreme hazard exists. (Added by Stats. 2004, Ch. 908, Sec. 24. Effective January 1, 2005.)
  131. 38355.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 3. Brakes [38355- 38355.] ( Article 3 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Most motor vehicles must have a service brake system that works properly and can control, stop, and hold the vehicle under all loading and grade conditions. A vehicle that cannot comply because of how it operates may be exempt if the operator can still safely control it.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 3. Brakes [38355- 38355.] ( Article 3 added by Stats. 1976, Ch. 1093. ) ## 38355. (a) Except as provided in subdivision (b), every motor vehicle shall be equipped with a service brake system which is in good working order and adequate to control the movement of, and to stop and hold to the limit of traction of, such vehicle or combination of vehicles under all conditions of loading and upon any grade on which it is operated. (b) Any motor vehicle, such as an air-cushioned vehicle, which is unable to comply with the requirements of this section due to the method of operation, is exempt, if the operator is able to exercise safe control over the movement of such vehicle. (Added by Stats. 1976, Ch. 1093.)
  132. 38365.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Off-highway motor vehicles must have an adequate muffler in constant operation, and their muffler or exhaust system may not include a cutout, bypass, or similar device, except for certain racing or competitive events.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. ) ## 38365. (a) Every 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 muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. (b) The provisions of subdivision (a) shall not be applicable to vehicles 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 is conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction. (Added by Stats. 1976, Ch. 1093.)
  133. 38366.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person must not use or allow use of an off-highway motor vehicle on forest-, brush-, or grass-covered land unless it has a spark arrester kept in working order.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. ) ## 38366. (a) Notwithstanding Section 4442 of the Public Resources Code, and except for vehicles with mufflers as provided in Article 2 (commencing with Section 27150) of Chapter 5 of Division 12, no person shall use, operate, or allow to be used or operated, any 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 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 is qualified and rated by the United States Forest Service. (d) Subdivision (a) shall not be applicable to vehicles 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. (Added by Stats. 1987, Ch. 1027, Sec. 28.)
  134. 38370.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    This section limits when off-highway motor vehicles may be identified or sold if they exceed specified noise limits, and requires silencers or similar devices for vehicles operating under Section 38001.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. ) ## 38370. (a) The Department of Motor Vehicles shall not identify any new off-highway motor vehicle, which is subject to identification and which produces a maximum noise level that exceeds the following noise limit, at a distance of 50 feet from the centerline of travel, under test procedures established by the Department of the California Highway Patrol. (1) Any such vehicle manufactured before January 1, 1973 ........................ 92 dBA (2) Any such vehicle manufactured on or after January 1, 1973, and before January 1, 1975 ........................ 88 dBA (3) Any such vehicle manufactured on or after January 1, 1975, and before January 1, 1986 ........................ 86 dBA (4) Any such vehicle manufactured on or after January 1, 1986 ........................ 82 dBA (b) The department may accept a dealer’s certificate as proof of compliance with this section. (c) Test procedures for compliance with this section shall be established by the Department of the California Highway Patrol, taking into consideration the test procedures of the Society of Automotive Engineers. (d) No person shall sell or offer for sale any new off-highway motor vehicle which is subject to identification and which produces a maximum noise level that exceeds the noise limits in subdivision (a), and for which noise emission standards or regulations have not been adopted by the Administrator of the Environmental Protection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574). (e) No person shall sell or offer for sale any new off-highway motor vehicle which is subject to identification and which produces a noise level that exceeds, or in any way violates, the noise emission standards or regulations adopted for such a motor vehicle by the Administrator of the Environmental Protection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574). (f) As used in this section, the term “identify” is equivalent to the term “licensing” as used in Section 6(e)(2) of the Federal Noise Control Act of 1972 (P.L. 92-574). (g) Any off-highway motor vehicle, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions to not more than 101 dBA if manufactured on or after January 1, 1975, or 105 dBA if manufactured before January 1, 1975, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287. This subdivision shall only be operative until January 1, 2003. (h) On and after January 1, 2003, off-highway motor vehicles, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions. (1) Noise emissions of competition off-highway vehicles manufactured on or after January 1, 1998, shall be limited to not more than 96 dBA, and if manufactured prior to January 1, 1998, to not more than 101 dBA, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable. Noise emissions of all other off-highway vehicles shall be limited to not more than 96 dBA if manufactured on or after January 1, 1986, and not more than 101 dBA if manufactured prior to January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable. (2) The Off-Highway Motor Vehicle Recreation Division of the Department of Parks and Recreation shall evaluate and reassess the dates specified in paragraph (1) and include the findings and recommendations in the noise report required in subdivision (o) of Section 5090.32 of the Public Resources Code. (i) Off-highway vehicle manufacturers or their agents prior to the sale to the general public in California of any new off-highway vehicle model manufactured after January 1, 2003, shall provide to the Off-Highway Motor Vehicle Recreation Division of the California Department of Parks and Recreation rpm data needed to conduct the J-1287 test, where applicable. (Amended by Stats. 2004, Ch. 908, Sec. 25. Effective January 1, 2005.)
  135. 38375.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Off-highway motor vehicles must not be equipped with, or use, a siren, except for authorized emergency vehicles.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. ) ## 38375. (a) An off-highway motor vehicle, except an authorized emergency vehicle, shall not be equipped with a siren. (b) A person driving an off-highway motor vehicle, except the driver of an authorized emergency vehicle as permitted by Section 21055, shall not use a siren. (Added by Stats. 2004, Ch. 908, Sec. 26. Effective January 1, 2005.)
  136. 38380.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    Certain authorities may require extra equipment for off-highway vehicles in special locations, and the responsible agency must post notice of those requirements.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 4. Equipment [38365 - 38380] ( Article 4 added by Stats. 1976, Ch. 1093. ) ## 38380. (a) Because of specialized conditions such as fire hazard, public safety or other circumstances, any local authority, or state or federal agencies having control over public lands may require that vehicles being operated off highway be equipped with additional equipment. (b) When such additional equipment is required in a specific location, the governmental agency having jurisdiction over that location shall insure that such regulations are posted in a manner that operators of off-highway motor vehicles using those locations will be aware of the special requirements. (Added by Stats. 1976, Ch. 1093.)
  137. 38390.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    This section bars anyone from operating or keeping ready for operation an off-highway motor vehicle that needs pollution control equipment unless the required device is installed and working, and it also bars disconnecting, modifying, or altering that device.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38390. No person shall operate or maintain in a condition of readiness for operation any off-highway motor vehicle which is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or with any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to such law, or required to be equipped with a motor vehicle pollution control device pursuant to the Clean Air Act (42 U.S.C. 1857 et seq.) and the standards and regulations promulgated thereunder, unless it is equipped with the required motor vehicle pollution control device which is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device. Notwithstanding Section 43107 of the Health and Safety Code, this section shall apply only to off-highway motor vehicles of the 1978 or later model year. (Added by Stats. 1976, Ch. 1093.)
  138. 38391.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    No person may install, sell, offer for sale, or advertise devices or mechanisms meant for required off-highway motor vehicle pollution control systems if they alter the system’s original design or performance.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38391. No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, any required off-highway motor vehicle pollution control device or system which alters or modifies the original design or performance of any such motor vehicle pollution control device or system. (Added by Stats. 1976, Ch. 1093.)
  139. 38392.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person who willfully violates any provision of this article must be fined the maximum allowed amount, and the fine cannot be suspended.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38392. When the court finds that a person has willfully violated any provision of this article, such person shall be fined the maximum amount that may be imposed for such an offense, and no part of the fine may be suspended. “Willfully”, as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code. (Added by Stats. 1976, Ch. 1093.)
  140. 38393.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person may not operate an off-highway motor vehicle after notice that it lacks the required certified pollution control device, unless the trip is only to return it to the owner’s residence, business, or a garage.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38393. No person shall operate an off-highway motor vehicle after notice by a traffic officer or other authorized public officer that such vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device. (Added by Stats. 1976, Ch. 1093.)
  141. 38394.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    A person cited or complained against for a violation covered by this article must produce proof of correction under Section 40150.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38394. The notice to appear issued or complaint filed for a violation of any provision of this article shall require that the person to whom the notice to appear is issued or against whom the complaint is filed produce proof of correction pursuant to Section 40150. (Added by Stats. 1976, Ch. 1093.)
  142. 38395.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    This article does not apply to certain modifications or devices if the State Air Resources Board resolves that they do not reduce required pollution-control effectiveness or that emissions stay within applicable state or federal standards.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38395. This article shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board either: (a) To not reduce the effectiveness of any required off-highway motor vehicle pollution control device; or (b) To result in emissions from any such modified or altered off-highway vehicle which are at levels which comply with existing state or federal standards for that model year of the vehicle being modified or converted. (Added by Stats. 1976, Ch. 1093.)
  143. 38396.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    This article applies to off-highway motor vehicles of the United States or its agencies, but only to the extent federal law authorizes it.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38396. The provisions of this article apply to off-highway motor vehicles of the United States or its agencies, to the extent authorized by federal law. (Added by Stats. 1976, Ch. 1093.)
  144. 38397.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. )

    Verify source ↗

    This article applies to all off-highway motor vehicles, subject to the Section 38390 exception.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 6. Equipment of Off-Highway Vehicles [38325 - 38397] ( Chapter 6 repealed and added by Stats. 1976, Ch. 1093. ) ## ARTICLE 5. Emission Control Equipment [38390 - 38397] ( Article 5 added by Stats. 1976, Ch. 1093. ) ## 38397. Except as provided in Section 38390, this article shall be applicable to all off-highway motor vehicles, whether or not subject to identification pursuant to this division and without limitation by the exceptions contained in Section 38001, and to all off-highway motor vehicles operated or maintained in a condition of readiness for operation on private or public property. (Added by Stats. 1976, Ch. 1093.)
  145. 385.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    “Local authorities” means the legislative body of each county or municipality that can adopt local police regulations.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 385. “Local authorities” means the legislative body of every county or municipality having authority to adopt local police regulations. (Enacted by Stats. 1959, Ch. 3.)
  146. 385.2.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    A “logging dolly” means a vehicle for carrying logs that meets the axle-spacing and towing-connection conditions stated here.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 385.2. A “logging dolly” is a vehicle designed for carrying logs, having one or more axles that, if there are more than one, are not more than 54 inches apart, and used in connection with a motor truck solely for the purpose of transporting logs and securely connected with the towing vehicle both by a reach and by the load. (Added by Stats. 2013, Ch. 523, Sec. 20. (SB 788) Effective January 1, 2014.)
  147. 385.3.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    “Logging vehicle” means a vehicle used only for logging operations and not designed to carry people or property on a highway.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 385.3. A “logging vehicle” is a vehicle used exclusively in the conduct of logging operations and not designed for the transportation of persons or property on a highway. (Added by Stats. 2013, Ch. 523, Sec. 21. (SB 788) Effective January 1, 2014.)
  148. 385.5.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    This section defines “low-speed vehicle” and sets the vehicle features it must have.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 385.5. (a) A “low-speed vehicle” is a motor vehicle that meets all of the following requirements: (1) Has four wheels. (2) Can attain a speed, in one mile, of more than 20 miles per hour and not more than 25 miles per hour, on a paved level surface. (3) Has a gross vehicle weight rating of less than 3,000 pounds. (b) (1) For the purposes of this section, a “low-speed vehicle” is not a golf cart, except when operated pursuant to Section 21115 or 21115.1. (2) A “low-speed vehicle” is also known as a “neighborhood electric vehicle.” (Amended by Stats. 2006, Ch. 66, Sec. 1. Effective July 12, 2006.)
  149. 38500.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    This section establishes the Off-Highway Vehicle Safety Education Committee and sets out who serves on it.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38500. The Off-Highway Vehicle Safety Education Committee is hereby established. The committee consists of the Commissioner of the California Highway Patrol, the Deputy Director of Parks and Recreation for Off-Highway Vehicles, the Director of Motor Vehicles, or their designees, and a member of the Off-Highway Motor Vehicle Recreation Commission appointed by the members of the commission. The committee shall receive staff assistance in its operations from the Off-Highway Motor Vehicle Recreation Division in the Department of Parks and Recreation. (Added by Stats. 1987, Ch. 881, Sec. 37.)
  150. 38500.1.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    The committee must meet periodically, develop minimum certification criteria for approved all-terrain vehicle safety training organizations, review proposed programs against those criteria, and recommend licensing if the program is approved.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38500.1. The Off-Highway Vehicle Safety Education Committee shall meet periodically to perform all of the following: (a) Develop minimum criteria for certification as an approved all-terrain vehicle safety training organization. The criteria shall include, but not be limited to, the following: (1) Curriculum and materials for training instructors to teach all-terrain vehicle operation and safety. (2) Curriculum and materials for training all-terrain vehicle safety. (3) Curriculum for teaching responsible use of off-highway vehicles with respect to environmental considerations, private property restrictions, off-highway vehicle operating laws, including noise and spark arrestor laws, and prohibitions against operating off-highway vehicles under the influence of alcohol or drugs. (4) Record keeping and insurance requirements to satisfy the requirements of Sections 11103.1 and 11108. (b) Upon presentation to the committee of a proposed program by an applicant to become an approved all-terrain vehicle safety training organization, the committee shall determine whether the applicant’s program meets the minimum criteria and, if approved, shall recommend the organization for licensing pursuant to Section 11105.6. (Added by Stats. 1987, Ch. 881, Sec. 37.)
  151. 38501.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    Training organizations must issue safety certificates to qualified individuals, and the department may charge a fee for each certificate. Organizations may not charge more than the department’s fee, but may charge up to $3 for a duplicate certificate.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38501. (a) An all-terrain vehicle safety training organization, commencing on January 1, 1989, shall issue an all-terrain vehicle safety certificate furnished by the department to any individual who successfully completes a course of instruction in all-terrain vehicle operation and safety as approved and certified by the Off-highway Vehicle Safety Education Committee. (b) The department shall charge a fee not to exceed three dollars ($3) for each all-terrain vehicle safety certificate issued by an all-terrain vehicle safety training organization to each person completing a course of instruction from an all-terrain vehicle safety instructor using the approved course of instruction of the all-terrain vehicle safety training organization. The amount of the fee shall be determined by the department and shall be sufficient to defray the actual costs incurred by the department for administering and monitoring this program. (c) An all-terrain vehicle safety training organization shall not charge a fee in excess of the fee charged by the department pursuant to subdivision (b) for furnishing an all-terrain vehicle safety certificate. An organization may charge a fee not to exceed three dollars ($3) in addition to the fee charged by the department for the issuance of a duplicate certificate and shall provide a duplicate certificate if requested by the person who completed the course. (Added by Stats. 1987, Ch. 881, Sec. 37.)
  152. 38502.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    The department may monitor all-terrain vehicle safety training organizations or instructors without advance notice.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38502. The department, on and after July 1, 1988, may monitor any all-terrain vehicle safety training organization or any all-terrain vehicle safety instructor without advance notice. The monitoring may include, but is not limited to, the instruction provided, business practices, and records required by Section 11108. (Added by Stats. 1987, Ch. 881, Sec. 37.)
  153. 38503.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    People under 18 may not operate an all-terrain vehicle on public lands unless they meet one of the listed safety-training or certificate conditions.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38503. No person under the age of 18 years, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions: (a) The person is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor. (b) The person is under the direct supervision of an adult who has in their possession an appropriate safety certificate issued by this state, or issued under the authority of another state. (c) The person has in possession an appropriate safety certificate issued by this state or issued under the authority of another state. (Added by Stats. 1987, Ch. 881, Sec. 37.)
  154. 38504.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    People under 14 may not operate an all-terrain vehicle on California public lands unless they meet Section 38503 conditions and are under direct supervision.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38504. No person under 14 years of age, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the conditions set forth in Section 38503 and, in addition, is accompanied by and under the direct supervision of a parent or guardian or is accompanied by and under the direct supervision of an adult who is authorized by the parent or guardian. (Added by Stats. 1987, Ch. 881, Sec. 37.)
  155. 38504.1.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    Adults supervising a child under 14 must not let the child operate an all-terrain vehicle in violation of Section 38504.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38504.1. (a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child shall grant permission to, or knowingly allow, that child to operate an all-terrain vehicle in a manner that violates Section 38504. (b) A person convicted of a violation of subdivision (a) is punishable as follows: (1) For a first conviction, the court shall either impose a fine of one hundred twenty-five dollars ($125) or order the person to take or retake and complete an all-terrain vehicle safety training course pursuant to Section 38501. If ordered to take or retake and complete the safety training course, the person shall provide the court a copy of the all-terrain vehicles safety certificate issued as a result of that completion. (2) For a second conviction, a fine of not less than one hundred twenty-five dollars ($125) nor more than two hundred fifty dollars ($250). (3) For a third or any subsequent conviction, a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). (Added by Stats. 2006, Ch. 195, Sec. 1. Effective January 1, 2007.)
  156. 38504.2.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    After a conviction under Section 38504, a court may require a child under 14 to complete ATV safety training with the person who violated Section 38504.1, and the child must give the court the safety certificate.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38504.2. If a person under 14 years of age was not properly supervised or accompanied in accordance with Section 38504, and the parent or guardian of that child or the adult who was authorized by the parent or guardian to supervise or accompany that child is in violation of Section 38504.1, upon a conviction pursuant to Section 38504, the court may order that child to attend and complete the all-terrain vehicle safety training course accompanied by the person who violated Section 38504.1. If so ordered, the child under 14 years of age shall provide the court a copy of the all-terrain vehicles safety certificate issued as a result of that completion. (Added by Stats. 2006, Ch. 195, Sec. 2. Effective January 1, 2007.)
  157. 38505.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    A person may not operate, ride, or be carried on an all-terrain vehicle on public lands unless wearing a qualifying safety helmet.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38505. A person, on and after January 1, 1989, shall not operate, ride, or be otherwise propelled on an all-terrain vehicle on public lands, as described in Section 38001, unless the person wears a safety helmet meeting requirements established for motorcycles and motorized bicycles, pursuant to Section 27802. (Amended by Stats. 2019, Ch. 469, Sec. 10. (SB 785) Effective January 1, 2020.)
  158. 38506.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. )

    Verify source ↗

    An ATV operator must not carry a passenger on public lands, unless the ATV is designed for off-highway operation by an operator with no more than one passenger.

    ## Vehicle Code - VEH ## DIVISION 16.5. OFF-HIGHWAY VEHICLES [38000 - 38604] ( Division 16.5 added by Stats. 1971, Ch. 1816. ) ## CHAPTER 7. All-Terrain Vehicles [38500 - 38506] ( Heading of Chapter 7 renumbered from Chapter 6 (as added by Stats. 1987, Ch. 881) by Stats. 1988, Ch. 160, Sec. 165. ) ## 38506. An operator of an all-terrain vehicle shall not carry a passenger when operating on public lands, as described in Section 38001. However, the operator of an all-terrain vehicle, that is designed for operation off of the highway by an operator with no more than one passenger, may carry a passenger when operating on public lands, as described in Section 38001. (Amended by Stats. 2019, Ch. 469, Sec. 11. (SB 785) Effective January 1, 2020.)
  159. 386.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    “Managerial employee” means a person who controls a business licensed under this code, whether paid by salary or commission, including certain listed management roles.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 386. A “managerial employee” is a person who exercises control over a business licensed under this code, whether compensated by salary or commission, including, but not limited to, any person who is employed as a general manager, business manager, assistant general manager, finance and insurance manager, advertising manager, or sales manager. (Added by Stats. 1982, Ch. 791, Sec. 1.)
  160. 38600.

    ## 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. )

    Verify source ↗

    A person operating a recreational off-highway vehicle on the covered lands must be at least 16 years old, or be directly supervised by a parent, guardian, or an authorized adult in the vehicle.

    ## 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.)
  161. 38601.

    ## 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. )

    Verify source ↗

    A person may not operate or allow a passenger in a recreational off-highway vehicle on public lands unless both the person and the passenger are wearing qualifying safety helmets.

    ## 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. ) ## 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.)
  162. 38602.

    ## 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. )

    Verify source ↗

    Operators and passengers in a recreational off-highway vehicle must wear a properly fastened seatbelt and shoulder belt or safety harness while the vehicle is moving.

    ## 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. ) ## 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.)
  163. 38603.

    ## 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. )

    Verify source ↗

    Drivers of certain recreational off-highway vehicles must not let a passenger use a separate seat not made for passengers, and a limited older-vehicle seat location may be used only if the passenger stays fully inside the rollover protection structure.

    ## 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. ) ## 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.)
  164. 38604.

    ## 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. )

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    An operator of a recreational off-highway vehicle on the listed lands must not carry a passenger unless the passenger can safely grasp an occupant handhold while properly belted or harnessed.

    ## 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. ) ## 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.)
  165. 387.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “manufactured home” and lists what counts and what does not.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 387. “Manufactured home” is a manufactured home, as defined in Section 18007 of the Health and Safety Code, a commercial coach, as defined in Section 18001. 8 of the Health and Safety Code, a mobilehome, as defined in Section 18008 of the Health and Safety Code, factory-built housing, as defined in Section 18971 of the Health and Safety Code, and a trailer coach which is in excess of 102 inches in width, or in excess of 40 feet in overall length measured from the foremost point of the trailer hitch to the rear extremity of the trailer. Manufactured home does not include a recreational vehicle, as defined in Section 18010 of the Health and Safety Code. (Amended by Stats. 1986, Ch. 1185, Sec. 1.)
  166. 38750.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. )

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    This section defines key autonomous-vehicle terms and sets testing, approval, insurance, safety, disclosure, and rulemaking requirements for autonomous vehicles on public roads.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. ) ## 38750. (a) For purposes of this division, the following definitions apply: (1) “Autonomous technology” means technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. (2) (A) “Autonomous vehicle” means any vehicle equipped with autonomous technology that has been integrated into that vehicle that meets the definition of Level 3, Level 4, or Level 5 of SAE International’s “Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, standard J3016 (APR2021),” as may be revised. (B) An autonomous vehicle does not include a vehicle that is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator. (3) “Department” means the Department of Motor Vehicles. (4) An “operator” of an autonomous vehicle is the person who is seated in the driver’s seat, or, if there is no person in the driver’s seat, causes the autonomous technology to engage. (5) A “manufacturer” of autonomous technology is the person, as defined in Section 470, that originally manufactures a vehicle and equips autonomous technology on the originally completed vehicle or, in the case of a vehicle not originally equipped with autonomous technology by the vehicle manufacturer, the person that modifies the vehicle by installing autonomous technology to convert it to an autonomous vehicle after the vehicle was originally manufactured. (b) An autonomous vehicle may be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if all of the following requirements are met: (1) The autonomous vehicle is being operated on roads in this state solely by employees, contractors, or other persons designated by the manufacturer of the autonomous technology. (2) The driver shall be seated in the driver’s seat, monitoring the safe operation of the autonomous vehicle, and capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency. (3) Prior to the start of testing in this state, the manufacturer performing the testing shall obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or self-insurance to the department in the form and manner required by the department pursuant to the regulations adopted pursuant to subdivision (d). (c) Except as provided in subdivision (b), an autonomous vehicle shall not be operated on public roads until the manufacturer submits an application to the department, and that application is approved by the department pursuant to the regulations adopted pursuant to subdivision (d). The application shall contain, at a minimum, all of the following certifications: (1) A certification by the manufacturer that the autonomous technology satisfies all of the following requirements: (A) The autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator. (B) The autonomous vehicle has a visual indicator inside the cabin to indicate when the autonomous technology is engaged. (C) The autonomous vehicle has a system to safely alert the operator if an autonomous technology failure is detected while the autonomous technology is engaged, and when an alert is given, the system shall do either of the following: (i) Require the operator to take control of the autonomous vehicle. (ii) If the operator does not or is unable to take control of the autonomous vehicle, the autonomous vehicle shall be capable of coming to a complete stop. (D) The autonomous vehicle shall allow the operator to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, and it shall alert the operator that the autonomous technology has been disengaged. (E) The autonomous vehicle’s autonomous technology meets Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws. (F) The autonomous technology does not make inoperative any Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws. (G) The autonomous vehicle has a separate mechanism, in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object, or natural person while the vehicle is operating in autonomous mode. The autonomous technology sensor data shall be captured and stored in a read-only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. The data shall be preserved for three years after the date of the collision. (2) A certification that the manufacturer has tested the autonomous technology on public roads and has complied with the testing standards, if any, established by the department pursuant to subdivision (d). (3) A certification that the manufacturer will maintain, an instrument of insurance, a surety bond, or proof of self-insurance as specified in regulations adopted by the department pursuant to subdivision (d), in an amount of five million dollars ($5,000,000). (d) (1) The department shall adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance required by subdivision (b), the submission and approval of an application to operate an autonomous vehicle pursuant to subdivision (c), and processes related to notices of autonomous vehicle noncompliance pursuant to Section 38752. (2) The regulations shall include any testing, equipment, and performance standards, in addition to those established for purposes of subdivision (b), that the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle. In developing these regulations, the department may consult with the Department of the California Highway Patrol, the Institute of Transportation Studies at the University of California, or any other entity identified by the department that has expertise in automotive technology, automotive safety, and autonomous system design. (3) The department may establish additional requirements by the adoption of regulations, which it determines, in consultation with the Department of the California Highway Patrol, are necessary to ensure the safe operation of autonomous vehicles on public roads, including, but not limited to, regulations regarding the aggregate number of deployments of autonomous vehicles on public roads, special rules for the registration of autonomous vehicles, new license requirements for operators of autonomous vehicles, regulations for notices of autonomous vehicle noncompliance, and rules for revocation, suspension, or denial of any license or any approval issued pursuant to this division. (4) The department shall hold public hearings on the adoption of any regulation applicable to the operation of an autonomous vehicle without the presence of a driver inside the vehicle. (e) (1) The department shall approve an application submitted by a manufacturer pursuant to subdivision (c) if it finds that the applicant has submitted all information and completed testing necessary to satisfy the department that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the department pursuant to subdivision (d). (2) Notwithstanding paragraph (1), if the application seeks approval for autonomous vehicles capable of operating without the presence of a driver inside the vehicle, the department may impose additional requirements it deems necessary to ensure the safe operation of those vehicles, and may require the presence of a driver in the driver’s seat of the vehicle if it determines, based on its review pursuant to paragraph (1), that such a requirement is necessary to ensure the safe operation of those vehicles on public roads. (f) The department shall post a public notice on its internet website when it adopts the regulations required by subdivision (d). The department shall not approve an application submitted pursuant to the regulations until 30 days after the public notice is provided. (g) Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede the provisions of this division when found to be in conflict with any other state law or regulation. (h) The manufacturer of the autonomous technology installed on a vehicle shall provide a written disclosure to the purchaser of an autonomous vehicle that describes what information is collected by the autonomous technology equipped on the vehicle. The department may promulgate regulations to assess a fee upon a manufacturer that submits an application pursuant to subdivision (c) to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the department. (i) Commencing January 1, 2026, an autonomous vehicle may be equipped with automated driving system (ADS) marker lamps in accordance with SAE International’s “Recommended Practice, Automated Driving System (ADS) Marker Lamp, standard J3134 (MAY2019),” as may be revised, and SAE International’s “Chromaticity Requirements for Ground Vehicle Lamps and Lighting Equipment, standard J578 (APR2020),” as may be revised. For purposes of this subdivision, an “ADS marker lamp” means a device that emits a light to indicate when an ADS is engaged in the operation of the vehicle. (j) (1) Commencing January 1, 2030, to the extent authorized by federal law, any autonomous vehicle with a model year of 2031 or later and a gross vehicle weight rating of less than 8,501 pounds shall only be operated pursuant to a deployment permit pursuant to Article 3.8 (commencing with Section 228.00) of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations if the vehicle is a zero-emission vehicle, as defined in Section 44258 of the Health and Safety Code. (2) The department shall not commence rulemaking for the adoption of regulations implementing this subdivision before January 1, 2027. (Amended by Stats. 2025, Ch. 415, Sec. 2. (SB 480) Effective January 1, 2026.)
  167. 38751.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. )

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    Manufacturers of certain autonomous vehicles must provide emergency response communications, remote control access, and prompt geofencing response capabilities.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. ) ## 38751. (a) For purposes of this section, the following definitions apply: (1) “Emergency geofencing message” means a message delivered using commonly available communication methods to identify a location using a street address, intersection, coordinates, or any other reasonable and customary way of identifying a location, that directs an autonomous vehicle to leave or avoid an area because of an emergency. (2) “Emergency response official” includes, but is not limited to, emergency dispatchers, peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and first responders. (3) “Emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. (b) A manufacturer shall comply with all of the following requirements: (1) (A) A manufacturer operating an autonomous vehicle under a testing permit or deployment permit issued by the department shall maintain a dedicated emergency response telephone line that is available for emergency response officials during all hours when an autonomous vehicle is on a public road. The telephone line shall be available at no cost to public agencies. (B) The manufacturer shall continuously monitor the status of each autonomous vehicle on a public road and shall equip and staff the telephone line to ensure that calls are picked up within 30 seconds by a remote human operator who has situational awareness of all autonomous vehicles on public roads. (C) The remote human operator shall have the ability to immobilize the autonomous vehicle, allow an emergency response official to move the autonomous vehicle, or cause the autonomous vehicle to move as directed by an emergency response official. (2) (A) A manufacturer operating an autonomous vehicle under a testing permit or deployment permit issued by the department shall equip each autonomous vehicle with a two-way voice communication device that enables emergency response officials that are near the vehicle to communicate effectively with a remote human operator who has situational awareness about the autonomous vehicle. The manufacturer shall ensure that an emergency response official is able to reach a remote human operator within 30 seconds after making a request through the device. (B) The remote human operator shall have the ability to immobilize the autonomous vehicle, allow an emergency response official to move the autonomous vehicle, or cause the autonomous vehicle to move as directed by an emergency response official. (3) Autonomous vehicles equipped with an override system in the vehicle that allows someone physically present to move the vehicle, pursuant to subparagraphs (A) and (D) of paragraph (1) of subdivision (c) of Section 38750 shall provide access to the override system to law enforcement and firefighters in case of emergency to allow law enforcement and firefighters to completely immobilize the vehicle or cause the vehicle to move as necessary to address the emergency. The manufacturer shall provide training for law enforcement and firefighters on the use of the override system. The training shall be reviewed on a regular basis by the manufacturer and updated as changes are needed. (c) The department shall not renew, reinstate, or approve an expansion of the operational design domain of a permit unless the manufacturer certifies that it is in full compliance with the requirements under subdivision (b). (d) (1) An emergency response official may issue an emergency geofencing message to a manufacturer. (2) Within two minutes of receiving an emergency geofencing message, a manufacturer shall issue direction to its fleet to leave or avoid the area identified. (3) Within 30 business days of receiving a notice that an emergency response official wishes to begin issuing emergency geofencing messages, a manufacturer shall provide the emergency response official with all information necessary for the emergency response official to begin issuing and for the manufacturer to receive and respond to emergency geofencing messages. (4) An emergency geofencing message shall include the initial duration for the defined avoidance area based on a reasonable assessment of the emergency. Where necessary, an emergency response official may extend the duration for the avoidance area. (e) This section shall only apply to manufacturers of autonomous vehicles that operate without a human operator physically present in the vehicle. (f) Paragraphs (2) and (3) of subdivision (b) and subdivision (c) shall not apply to a commercial motor vehicle with a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater. This subdivision does not apply to a passenger transportation vehicle as defined in Section 464. The department may establish requirements by the adoption of regulations, determined in consultation with the Department of the California Highway Patrol, to ensure the safe interaction between autonomous commercial motor vehicles and emergency response officials. (g) This section shall become operative on July 1, 2026. (Added by Stats. 2024, Ch. 682, Sec. 2. (AB 1777) Effective January 1, 2025. Operative July 1, 2026, by its own provisions.)
  168. 38752.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. )

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    This section defines a notice of autonomous vehicle noncompliance and requires manufacturers to give any issued notice to the department within 72 hours, while peace officers may issue the notice when they observe a qualifying violation.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. ) ## 38752. (a) A “notice of autonomous vehicle noncompliance” means a notice issued by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, that identifies, at minimum, an alleged violation of this code or an alleged violation of a local traffic ordinance adopted pursuant to this code by an autonomous vehicle while the autonomous technology is engaged, the date, time, and location of the alleged violation, and the license plate number of the vehicle. (b) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may issue a notice of autonomous vehicle noncompliance upon observing an alleged violation of this code or an alleged violation of a local traffic ordinance adopted pursuant to this code. (c) A manufacturer of an autonomous vehicle shall provide any issued notice of autonomous vehicle noncompliance to the department within 72 hours of issuance, or within a timeframe otherwise determined by the department. The department shall make available a means by which the manufacturer can provide the notice. (d) The issuance of a notice of autonomous vehicle noncompliance shall not create a presumption that the autonomous vehicle is unsafe and shall not limit the manufacturer’s ability to contest the nature or occurrence of an alleged violation identified in the notice. (e) This section shall not become operative until the department issues regulations addressing notices of autonomous vehicle noncompliance, as required by Section 38750. (Added by Stats. 2024, Ch. 682, Sec. 3. (AB 1777) Effective January 1, 2025. Conditionally operative by its own provisions.)
  169. 38753.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. )

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    This section says the division is severable, so if one part or its application is invalid, the rest can still stand if it can work without the invalid part.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. ) ## 38753. The provisions of this division are severable. If any provision of this division or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2024, Ch. 682, Sec. 4. (AB 1777) Effective January 1, 2025.)
  170. 38755.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. )

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    This section lets the Contra Costa Transportation Authority run a driverless-vehicle pilot project, but only under specified location, speed, insurance, reporting, and disclosure conditions.

    ## Vehicle Code - VEH ## DIVISION 16.6. Autonomous Vehicles [38750 - 38755] ( Division 16.6 added by Stats. 2012, Ch. 570, Sec. 2. ) ## 38755. (a) Notwithstanding Section 38750, the Contra Costa Transportation Authority is authorized to conduct a pilot project for the testing of autonomous vehicles that do not have a driver seated in the driver’s seat and are not equipped with a steering wheel, a brake pedal, or an accelerator provided the following requirements are met: (1) The testing shall be conducted only at a privately owned business park designated by the authority, inclusive of public roads within the designated business park, and at GoMentum Station located within the boundaries of the former Concord Naval Weapons Station. (2) The autonomous vehicle shall operate at speeds of less than 35 miles per hour. (b) A change in ownership of the property comprising the GoMentum Station shall not affect the authorization to conduct testing pursuant to this section. (c) Prior to the start of the testing of an autonomous vehicle that does not have a driver seated in the driver’s seat on or across a public road, the Contra Costa Transportation Authority or a private entity, or a combination of the two, shall do both of the following: (1) Obtain an instrument of insurance, surety bond, or proof of self-insurance in an amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or proof of self-insurance to the Department of Motor Vehicles in the form and manner required by the department. (2) Submit a detailed description of the testing program to the department. The detailed description shall include all of the following: (A) Certification that, prior to testing on public roads, the autonomous vehicle has been tested under controlled conditions that simulate, as closely as practicable, the real world conditions that the autonomous vehicle will be subject to during this pilot project, and that the Contra Costa Transportation Authority or a private entity, or a combination of the two, has made a reasonable determination that it is safe to operate the autonomous vehicle on public roads under these conditions. (B) Evidence satisfactory to the department that the City of San Ramon and any other local authorities with jurisdiction over the public roads in the designated privately owned business park approve of the geographic area and environmental, traffic, and speed conditions authorized for purposes of this pilot project. (C) Certification that the autonomous vehicle can only operate in autonomous mode in the geographic area and environmental, traffic, and speed conditions authorized in this specific pilot project. (D) Certification that this pilot project complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles. (E) Certification that the autonomous vehicle used in the pilot project complies with all applicable federal Motor Vehicle Safety Standards, or written evidence that the National Highway Traffic Safety Administration either considers the absence of a steering wheel, a brake pedal, or an accelerator permissible under federal Motor Vehicle Safety Standards or has granted the autonomous vehicle an exemption from compliance with the relevant federal Motor Vehicle Safety Standards. (F) Identify to the department the autonomous vehicles that are to be tested on public roads during this pilot project. For each vehicle, the manufacturer shall provide to the department the make, model, and model year of the vehicle, the full vehicle identification number, and the license plate number and the state of issuance. (G) Certification that the vehicle is equipped with a communication link between the vehicle and a remote operator to provide information on the vehicle’s location and status and to allow two-way communication between the remote operator and any passengers if the vehicle experiences any failures that would endanger the safety of the vehicle’s passengers or other road users while operating without a driver. (H) Certification that the autonomous vehicle is designed to detect and respond to roadway conditions in compliance with all provisions of this code and local regulations applicable to the operation of motor vehicles. (I) A copy of a law enforcement interaction plan, which includes information that the Contra Costa Transportation Authority or a private entity, or a combination of the two, will provide to the law enforcement agencies whose jurisdiction covers the designated privately owned business park to instruct those agencies on how to interact with the vehicle in emergency and traffic enforcement situations. (d) The operator of the autonomous vehicle technology tested pursuant to this section shall disclose to an individual who participates in the pilot project what personal information, if any, concerning the pilot project participant is collected by an autonomous vehicle. (e) For the testing of autonomous vehicles within the designated business park, the department may require data collection for evaluating the safety of the vehicles, including, but not limited to, both of the following: (1) A report to the department of any accident originating from the operation of the autonomous vehicle on a public road that resulted in the damage of property or in bodily injury or death. Accidents shall be reported within 10 days in the form and manner specified by the department pursuant to the regulations adopted by the department under Section 38750. (2) The submission to the department of an annual report in the form and manner specified by the department pursuant to the regulations adopted under Section 38750 summarizing information on unplanned technology disengagements that occurred while the autonomous vehicle was being tested on public roads. “Disengagement” means a deactivation of the autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle required disengagement from the autonomous mode. (f) This section does not limit the authority of the department to promulgate regulations governing the testing and operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle, pursuant to Section 38750. (g) It is the intent of the Legislature, in enacting the act that added this section, to address the specific circumstances of the pilot project proposed in the County of Contra Costa. Pursuant to Section 38750, the Department of Motor Vehicles is developing regulations for the testing and operation of autonomous vehicles, and it is not the intent of the Legislature to influence the content of those statewide regulations through the adoption of the act that added this section, which is only intended to govern the establishment of one local pilot project. (h) This section shall remain in effect only until 180 days after the operative date of regulations promulgated by the department to allow testing of autonomous vehicles without a driver in the vehicle, on which date any testing of autonomous vehicles by the Contra Costa Transportation Authority shall conform to those regulations, and as of the January 1 following that date this section is repealed, unless a later enacted statute, that is enacted before that January 1, deletes or extends that date. (Added by Stats. 2016, Ch. 814, Sec. 1. (AB 1592) Effective January 1, 2017. Inoperative on date prescribed by its own provisions. Repealed, by its own provisions, on January 1 following inoperative date.)
  171. 389.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “manufacturer branch.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 389. A “manufacturer branch” is an office maintained by a manufacturer for the sale of new vehicles to dealers or for directing or supervising in whole or in part the manufacturer’s representatives. (Amended by Stats. 1978, Ch. 797.)
  172. 39000.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    This section defines “bicycle” for this division.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39000. “Bicycle”, for the purposes of this division, means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears having either two or three wheels (one of which is at least 20 inches in diameter) or having a frame size of at least 14 inches, or having four or more wheels. (Amended by Stats. 1978, Ch. 421.)
  173. 39001.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    This section requires the department to provide bicycle license materials to qualifying counties and cities, sets fee and deposit rules, and directs statewide renewal timing and indicia design.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39001. (a) The department shall procure and distribute bicycle license indicia and registration forms to all counties and cities which have adopted a bicycle licensing ordinance or resolution. Those counties and cities shall issue the indicia and registration form to the owner of any new bicycle, and may, upon request of the owner, issue an indicia and registration form to the owner of any bicycle which complies with Section 39007. The department shall charge and collect a fee, not to exceed the cost of procuring and distributing the license indicia and registration form, for each bicycle license indicia and registration form issued. All fees collected pursuant to this section shall be deposited in the Motor Vehicle Account in the State Transportation Fund. Those fees are hereby continuously appropriated from the account for use by the department to defray costs to procure and distribute the bicycle license indicia and registration forms. (b) The director shall design the bicycle license indicia and registration form described in subdivision (a), and shall establish procedures for the distribution of the indicia and registration form to counties and cities. The indicia shall be adhesive, durable, flexible, and of a size to permit it to be affixed to the front of the seat tube of the bicycle frame. Each indicia shall bear a unique license number and shall be permanently assigned to a bicycle. Each registration form shall comply with Section 39005. (c) Bicycle licenses shall be renewed uniformly throughout the state on January 1 of the third year following the year of registration. Renewal of a bicycle license shall be indicated by a supplementary adhesive device affixed parallel to, and above or below, the indicia, with the expiration date showing. (Amended by Stats. 1988, Ch. 1268, Sec. 25. Operative July 1, 1989, by Sec. 27 of Ch. 1268.)
  174. 39002.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    Cities or counties that adopt bicycle licensing rules may not ban unlicensed bicycles, and people may not tamper with bicycle license or registration markings.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39002. (a) A city or county, which adopts a bicycle licensing ordinance or resolution, shall not prohibit the operation of an unlicensed bicycle. (b) It is unlawful for any person to tamper with, destroy, mutilate, or alter any license indicia or registration form, or to remove, alter, or mutilate the serial number, or the identifying marks of a licensing agency’s identifying symbol, on any bicycle frame licensed under this division. (Amended by Stats. 2022, Ch. 343, Sec. 7. (AB 1909) Effective January 1, 2023.)
  175. 39003.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    If a city or county has or adopts a bicycle licensing ordinance or resolution, it must issue the owner the indicia and a copy of the department registration form.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39003. If a city or county has or adopts a bicycle licensing ordinance or resolution, indicia and a copy of the registration form obtained from the department shall be issued to the owner by the city or county or other licensing agency designated by it. (Amended by Stats. 1975, Ch. 1250.)
  176. 39004.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    Licensing agencies may adopt rules to collect bicycle license fees, and local governments must keep and use the fee revenue for specified bicycle-related purposes.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39004. Each licensing agency, by ordinance or resolution, may adopt rules and regulations for the collection of license fees. Revenues from license fees shall be retained by the licensing city or county and shall be used for the support of such bicycle ordinance or resolution, and may be used to reimburse retailers for services rendered. In addition, fees collected shall be used to improve bicycle safety programs and establish bicycle facilities, including bicycle paths and lanes, within the limits of the jurisdiction. The fees required to be paid pursuant to this division are as follows: (a) For each new bicycle license and registration certificate, the sum shall not exceed four dollars ($4) per year or any portion thereof. (b) For each transfer of registration certificate, the sum shall not exceed two dollars ($2). (c) For each replacement of a bicycle license or registration certificate, the sum shall not exceed two dollars ($2). (d) For each bicycle license renewal, the sum shall not exceed two dollars ($2) per year. (Amended by Stats. 1999, Ch. 277, Sec. 4. Effective January 1, 2000.)
  177. 39005.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    Cities and counties with a bicycle licensing ordinance or resolution must keep records of each registered bicycle, and the licensing agency must keep those records for the license period or until the bicycle is reported as no longer operated.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39005. Cities and counties having a bicycle licensing ordinance or resolution shall maintain records of each bicycle registered. Such records shall include, but not be limited to, the license number, the serial number of the bicycle, the make and type, of the bicycle, and the name and address of the licensee. Records shall be maintained by the licensing agency during the period of validity of the license or until notification that the bicycle is no longer to be operated. (Amended by Stats. 1975, Ch. 1250.)
  178. 39006.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    Bicycle retailers and bicycle dealers must give each purchaser a preregistration form, put specified sale details on the receipt, and the purchaser must send a copy to the licensing agency within 10 days of sale.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39006. (a) Each bicycle retailer and each bicycle dealer shall supply to each purchaser a preregistration form provided by the licensing agency and shall include, on the sales check or receipt given to the purchaser, a record of the following information: name of retailer, address of retailer, year and make of the bicycle, serial number of the bicycle if delivered to the purchaser in an assembled state, general description of the bicycle, name of purchaser, and address of purchaser. A copy of the preregistration form shall be filled out and forwarded by the purchaser to the appropriate licensing agency within 10 days from the date of sale. (b) For the purposes of this division, a bicycle dealer is any person who sells, gives away, buys, or takes in trade for the purpose of resale, more than five bicycles in any one calendar year, whether or not such bicycles are owned by such person. “Bicycle dealer” also includes agents or employees of such person. (Amended by Stats. 1975, Ch. 1250.)
  179. 39007.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    After December 31, 1976, bicycle retailers may not sell a new bicycle unless the frame has a legible, permanent serial number of at least one-eighth inch, unique to that bicycle.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39007. After December 31, 1976, no bicycle retailer shall sell any new bicycle in this state unless such bicycle has legibly and permanently stamped or cast on its frame a serial number, no less than one-eighth inch in size, and unique to the particular bicycle of each manufacturer. The serial number only shall be stamped or cast in the head of the frame, either side of the seat tube, the toeplate, or the bottom sprocket (crank) housing. (Amended by Stats. 1975, Ch. 1250.)
  180. 39008.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    When a bicycle is sold or transferred, the seller must endorse and deliver the registration certificate to the licensing agency within 10 days, and the buyer must apply to transfer the license into their own name within 10 days of taking possession.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39008. (a) Whenever any person sells or otherwise disposes of a bicycle, he shall endorse upon the registration certificate previously issued for such bicycle a written transfer of same, setting forth the name, address, telephone number of the transferee, date of transfer, and signature of the transferrer, and shall deliver the registration certificate, so endorsed, to the licensing agency within 10 days. (b) Any person who purchases or otherwise acquires possession of a bicycle shall, within 10 days of taking possession, apply for the transfer of license to his own name. Cities and counties may establish rules and regulations to govern and enforce the provisions of this section. (Amended by Stats. 1975, Ch. 1250.)
  181. 39009.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    A bicycle owner must notify the licensing agency within 10 days after an address change. If license indicia or the registration form is lost, stolen, or mutilated, the licensee must notify the agency immediately and apply for a duplicate within 10 days after notifying it.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39009. (a) Whenever the owner of a bicycle licensed pursuant to an ordinance or resolution of a city or county changes his address, he shall within 10 days notify the appropriate licensing agency of the old and new address. (b) In the event that any bicycle license indicia or registration form issued pursuant to the provisions of this division is lost, stolen, or mutilated, the licensee of such bicycle shall immediately notify the licensing agency, and, within 10 days after such notification, shall apply to the licensing agency for a duplicate license indicia or registration form. Thereupon, the licensing agency shall issue to such licensee a replacement indicia or registration form upon payment to the licensing agency of the appropriate fee. (Amended by Stats. 1975, Ch. 1250.)
  182. 39011.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. )

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    Any fine for violating an ordinance or resolution adopted under this division cannot exceed $10.

    ## Vehicle Code - VEH ## DIVISION 16.7. REGISTRATION AND LICENSING OF BICYCLES [39000 - 39011] ( Heading of Division 16.7 amended by Stats. 1975, Ch. 1250. ) ## 39011. No fine imposed for any violation of an ordinance or resolution, which is adopted pursuant to this division, shall exceed ten dollars ($10). (Amended by Stats. 1983, Ch. 1092, Sec. 400. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  183. 395.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    A “metal tire” means a tire whose highway-contacting surface is wholly or partly metal or another hard, nonresilient material.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 395. A “metal tire” is a tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material. (Enacted by Stats. 1959, Ch. 3.)
  184. 395.5.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “mobile billboard advertising display.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 395.5. A “mobile billboard advertising display” means an advertising display that is attached to a mobile, nonmotorized vehicle, device, or bicycle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising. (Amended by Stats. 2011, Ch. 538, Sec. 1. (AB 1298) Effective January 1, 2012.)
  185. 396.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “mobilehome,” and for highway safety enforcement treats it as a trailer coach over 102 inches wide or over 40 feet long.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 396. “Mobilehome” is a structure as defined in Section 18008 of the Health and Safety Code. For the purposes of enforcement of highway safety laws and regulations, a mobilehome is a trailer coach which is in excess of 102 inches in width, or in excess of 40 feet in overall length measured from the foremost point of the trailer hitch to the rear extremity of the trailer. (Amended by Stats. 1986, Ch. 1185, Sec. 2.)
  186. 4.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. )

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    Cases or proceedings started before this code takes effect, and rights already accrued, are not affected; later procedure must follow the code as far as possible.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. ) ## 4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1959, Ch. 3.)
  187. 400.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “motorcycle” and lists vehicles that are and are not motorcycles.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 400. (a) A “motorcycle” is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. (b) A motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a). (c) A farm tractor is not a motorcycle. (d) A three-wheeled motor vehicle that otherwise meets the requirements of subdivision (a), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles. (Amended by Stats. 2008, Ch. 672, Sec. 1. Effective January 1, 2009.)
  188. 4000.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section generally bars driving, moving, or leaving certain vehicles on a highway or in an offstreet public parking facility unless they are properly registered and fees are paid, with listed exceptions.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000. (a) (1) A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees. (2) For purposes of this subdivision, “offstreet public parking facility” means either of the following: (A) Any publicly owned parking facility. (B) Any privately owned parking facility for which no fee for the privilege to park is charged and which is held open for the common public use of retail customers. (3) This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility. (4) (A) (i) A violation of this subdivision shall not be the sole basis for any enforcement action before the second month after the month of expiration of the vehicle’s registration. (ii) Notwithstanding clause (i), if a vehicle is stopped for any other violation of this code, enforcement action for a violation of this subdivision may be taken before the second month following the month of expiration. (B) This paragraph shall be operative from July 1, 2024, to January 1, 2030, inclusive. (b) A person shall not drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code. (c) Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5. (d) This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code. (e) Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code. (f) Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway. (g) (1) Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (o) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6. (2) The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorney’s fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision. (h) For purposes of this section, possession of a California driver’s license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California. (Amended by Stats. 2023, Ch. 297, Sec. 1. (AB 256) Effective January 1, 2024.)
  189. 4000.1.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department must require a valid compliance or noncompliance certificate for certain vehicle registrations and ownership transfers, with listed exceptions.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.1. (a) Except as otherwise provided in subdivision (b), (c), or (d) of this section, or subdivision (b) of Section 43654 of the Health and Safety Code, the department shall require upon initial registration, and upon transfer of ownership and registration, of any motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code. (b) With respect to new motor vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, the department shall accept a statement completed pursuant to subdivision (b) of Section 24007 in lieu of the certificate of compliance. (c) For purposes of determining the validity of a certificate of compliance or noncompliance submitted in compliance with the requirements of this section, the definitions of new and used motor vehicle contained in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code shall control. (d) Subdivision (a) does not apply to a transfer of ownership and registration under any of the following circumstances: (1) The initial application for transfer is submitted within the 90-day validity period of a smog certificate as specified in Section 44015 of the Health and Safety Code. (2) The transferor is the parent, grandparent, sibling, child, grandchild, or spouse of the transferee. (3) A motor vehicle registered to a sole proprietorship is transferred to the proprietor as owner. (4) The transfer is between companies the principal business of which is leasing motor vehicles, if there is no change in the lessee or operator of the motor vehicle or between the lessor and the person who has been, for at least one year, the lessee’s operator of the motor vehicle. (5) The transfer is between the lessor and lessee of the motor vehicle, if there is no change in the lessee or operator of the motor vehicle. (6) The motor vehicle was manufactured prior to the 1976 model-year. (7) Except for diesel-powered vehicles, the transfer is for a motor vehicle that is four or less model-years old. The department shall impose a fee of eight dollars ($8) on the transferee of a motor vehicle that is four or less model-years old. Revenues generated from the imposition of that fee shall be deposited into the Vehicle Inspection and Repair Fund. (e) The State Air Resources Board, under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, may exempt designated classifications of motor vehicles from subdivision (a) as it deems necessary, and shall notify the department of that action. (f) Subdivision (a) does not apply to a motor vehicle when an additional individual is added as a registered owner of the motor vehicle. (g) For purposes of subdivision (a), any collector motor vehicle, as defined in Section 259, is exempt from those portions of the test required by subdivision (f) of Section 44012 of the Health and Safety Code, if the collector motor vehicle meets all of the following criteria: (1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. (2) The motor vehicle is at least 35 model-years old. (3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. (Amended by Stats. 2009, Ch. 200, Sec. 7. (SB 734) Effective January 1, 2010.)
  190. 4000.15.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department must verify certain diesel vehicles meet air-pollution-control rules before first registration or ownership transfer, and must refuse registration for specified older diesel vehicles unless an exception applies.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.15. (a) Effective January 1, 2020, the department shall confirm, prior to the initial registration or the transfer of ownership and registration of a diesel-fueled vehicle with a gross vehicle weight rating of more than 14,000 pounds, that the vehicle is compliant with, or exempt from, applicable air pollution control technology requirements pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code and regulations of the State Air Resources Board adopted pursuant to that division. (b) Except as otherwise provided in subdivision (c), for diesel-fueled vehicles subject to Section 43018 of the Health and Safety Code, as applied to the reduction of emissions of diesel particulate matter, oxides of nitrogen, and other criteria pollutants from in-use diesel-fueled vehicles, and Section 2025 of Title 13 of the California Code of Regulations as it read January 1, 2017, or as subsequently amended: (1) The department shall refuse registration, or renewal or transfer of registration, for a diesel-fueled vehicle with a gross vehicle weight rating of 14,001 pounds to 26,000 pounds for the following vehicle model years: (A) Effective January 1, 2020, vehicle model years 2004 and older. (B) Effective January 1, 2021, vehicle model years 2007 and older. (C) Effective January 1, 2023, vehicle model years 2010 and older. (2) The department shall refuse registration, or renewal or transfer of registration, for a diesel-fueled vehicle with a gross vehicle weight rating of more than 26,000 pounds for the following vehicle model years: (A) Effective January 1, 2020, vehicle model years 2000 and older. (B) Effective January 1, 2021, vehicle model years 2005 and older. (C) Effective January 1, 2022, vehicle model years 2007 and older. (D) Effective January 1, 2023, vehicle model years 2010 and older. (c) (1) As determined by the State Air Resources Board, notwithstanding effective dates and vehicle model years identified in subdivision (b), the department may allow registration, or renewal or transfer of registration, for a diesel-fueled vehicle that has been reported to the State Air Resources Board, and is using an approved exemption, or is compliant with applicable air pollution control technology requirements pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code and regulations of the State Air Resources Board adopted pursuant to that division, including vehicles equipped with the required model year emissions equivalent engine or otherwise using an approved compliance option. (2) The State Air Resources Board shall notify the department of the vehicles allowed to be registered pursuant to this subdivision. (Added by Stats. 2017, Ch. 5, Sec. 45. (SB 1) Effective April 28, 2017.)
  191. 4000.17.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “heavy-duty vehicle” and requires the department to confirm, before certain registrations or transfers, that the vehicle complies with or is exempt from the Heavy-Duty Vehicle Inspection and Maintenance Program, with some transfer exceptions.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.17. (a) For purposes of this section, “heavy-duty vehicle” means a nongasoline heavy-duty onroad motor vehicle with a gross vehicle weight rating of more than 14,000 pounds, as defined by the State Air Resources Board pursuant to Section 44152 of the Health and Safety Code. (b) No later than one year after the effective date of a regulation implementing the Heavy-Duty Vehicle Inspection and Maintenance Program (Chapter 5.5 (commencing with Section 44150) of Part 5 of Division 26 of the Health and Safety Code), the department shall confirm prior to the initial registration, the transfer of ownership, or the renewal of registration that a heavy-duty vehicle is compliant with, or exempt from, the Heavy-Duty Vehicle Inspection and Maintenance Program. (c) Subdivision (b) does not apply to a transfer of ownership and registration under any of the following circumstances: (1) A motor vehicle registered to a sole proprietorship is transferred to the proprietor as owner. (2) The transfer is between companies the principal business of which is leasing motor vehicles, if there is no change in the lessee or operator of the motor vehicle or between the lessor and the person who has been, for at least one year, the lessee’s operator of the motor vehicle. (3) The transfer is between the lessor and lessee of the motor vehicle, if there is no change in the lessee or operator of the motor vehicle. (4) An additional individual is added as a registered owner of the motor vehicle. (d) The State Air Resources Board shall notify the department of the motor vehicles allowed to be registered pursuant to this section. (Added by Stats. 2019, Ch. 298, Sec. 3. (SB 210) Effective January 1, 2020.)
  192. 4000.2.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department must require a valid certificate of compliance or, as appropriate, a certificate of noncompliance when registering certain previously out-of-state motor vehicles, subject to stated exceptions.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.2. (a) Except as otherwise provided in subdivision (b) of Section 43654 of the Health and Safety Code, and, commencing on April 1, 2005, except for model-years exempted from biennial inspection pursuant to Section 44011 of the Health and Safety Code, the department shall require upon registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, previously registered outside this state, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code. (b) For the purposes of determining the validity of a certificate of compliance or noncompliance submitted in compliance with the requirements of this section, the definitions of new and used motor vehicle contained in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code shall control. (Amended by Stats. 2004, Ch. 704, Sec. 4. Effective January 1, 2005. Operative April 1, 2005, by Sec. 7 of Ch. 704.)
  193. 4000.3.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department must require a valid certificate of compliance every two years when a covered vehicle’s registration is renewed, unless Section 44011 provides otherwise.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.3. (a) Except as otherwise provided in Section 44011 of the Health and Safety Code, the department shall require biennially, upon renewal of registration of any motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a valid certificate of compliance issued in accordance with Section 44015 of the Health and Safety Code. The department, in consultation with the Department of Consumer Affairs, shall develop a schedule under which vehicles shall be required biennially to obtain certificates of compliance. (b) The Department of Consumer Affairs shall provide the department with information on vehicle classes that are subject to the motor vehicle inspection and maintenance program. (c) The department shall include any information pamphlet provided by the Department of Consumer Affairs with notification of the inspection requirement and with its renewal notices. The information pamphlet in the renewal notice shall also notify the owner of the motor vehicle of the right to have the vehicle pretested pursuant to Section 44011.3 of the Health and Safety Code. (Amended by Stats. 1998, Ch. 938, Sec. 2. Effective January 1, 1999.)
  194. 4000.37.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    When a motor vehicle registration is renewed, the applicant must provide the department with specified proof of insurance or other approved evidence of financial responsibility.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.37. (a) Upon application for renewal of registration of a motor vehicle, the department shall require that the applicant submit either a form approved by the department, but issued by the insurer, as specified in paragraph (1), (2), or (3), or any of the items specified in paragraph (4), as evidence that the applicant is in compliance with the financial responsibility laws of this state. (1) For vehicles covered by private passenger automobile liability policies and having coverage as described in subdivisions (a) and (b) of Section 660 of the Insurance Code, or policies and coverages for private passenger automobile policies as described in subdivisions (a) and (b) of that section and issued by an automobile assigned risk plan, the form shall include all of the following: (A) The primary name of the insured covered by the policy or the vehicle owner, or both. (B) The year, make, and vehicle identification number of the vehicle. (C) The name, the National Association of Insurance Commissioners (NAIC) number, and the address of the insurance company or surety company providing a policy or bond for the vehicle. (D) The policy or bond number, and the effective date and expiration date of that policy or bond. (E) A statement from the insurance company or surety company that the policy or bond meets the requirements of Section 16056 or 16500.5. For the purposes of this section, policies described in Section 11629.71 of the Insurance Code are deemed to meet the requirements of Section 16056. (2) For vehicles covered by commercial or fleet policies, and not private passenger automobile liability policies, as described in paragraph (1), the form shall include all of the following: (A) The name and address of the vehicle owner or fleet operator. (B) The name, the NAIC number, and the address of the insurance company or surety company providing a policy or bond for the vehicle. (C) The policy or bond number, and the effective date and expiration date of the policy or bond. (D) A statement from the insurance company or surety company that the policy or bond meets the requirements of Section 16056 or 16500.5 and is a commercial or fleet policy. For vehicles registered pursuant to Article 9.5 (commencing with Section 5301) or Article 4 (commencing with Section 8050) of Chapter 4, one form may be submitted per fleet as specified by the department. (3) (A) The director may authorize an insurer to issue a form that does not conform to paragraph (1) or (2) if the director does all of the following: (i) Determines that the entity issuing the alternate form is or will begin reporting the insurance information required under paragraph (1) or (2) to the department through electronic transmission. (ii) Determines that use of the alternate form furthers the interests of the state by enhancing the enforcement of the state’s financial responsibility laws. (iii) Approves the contents of the alternate form as providing an adequate means for persons to prove compliance with the financial responsibility laws. (B) The director may authorize the use of the alternate form in lieu of the forms otherwise required under paragraph (1) or (2) for a period of four years or less and may renew that authority for additional periods of four years or less. (4) In lieu of evidence of insurance as described in paragraphs (1), (2), and (3), one of the following documents as evidence of coverage under an alternative form of financial responsibility may be provided by the applicant: (A) An evidence form, as specified by the department, that indicates either a certificate of self-insurance or an assignment of deposit letter has been issued by the department pursuant to Sections 16053 or 16054.2. (B) An insurance covering note or binder pursuant to Section 382 or 382.5 of the Insurance Code. (C) An evidence form that indicates coverage is provided by a charitable risk pool operating under Section 5005.1 of the Corporations Code, if the registered owner of the vehicle is a nonprofit organization that is exempt from taxation under paragraph (3) of subsection (c) of Section 501 of the United States Internal Revenue Code. The evidence form shall include: (i) The name and address of the vehicle owner or fleet operator. (ii) The name and address of the charitable risk pool providing the policy for the vehicle. (iii) The policy number, and the effective date and expiration date of the policy. (iv) A statement from the charitable risk pool that the policy meets the requirements of subdivision (b) of Section 16054.2. (b) This section does not apply to any of the following: (1) A vehicle for which a certification has been filed pursuant to Section 4604, until the vehicle is registered for operation upon the highway. (2) A vehicle that is owned or leased by, or under the direction of, the United States or any public entity that is included in Section 811.2 of the Government Code. (3) A vehicle registration renewal application where there is a change of registered owner. (4) A vehicle for which evidence of liability insurance information has been electronically filed with the department. (Amended by Stats. 2005, Ch. 435, Sec. 18. Effective January 1, 2006.)
  195. 4000.38.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department may suspend, cancel, or revoke a vehicle registration for certain financial-responsibility problems, and it must notify the owner before doing so.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.38. (a) The department shall suspend, cancel, or revoke the registration of a vehicle when it determines that any of the following circumstances has occurred: (1) The registration was obtained by providing false evidence of financial responsibility to the department. (2) Upon notification by an insurance company that the required coverage has been canceled and a sufficient period of time has elapsed since the cancellation notification, as determined by the department, for replacement coverage to be processed and received by the department. (3) Evidence of financial responsibility has not been submitted to the department within 30 days of the issuance of a registration certificate for the original registration or transfer of registration of a vehicle. (b) (1) Prior to suspending, canceling, or revoking the registration of a vehicle, the department shall notify the vehicle owner of its intent to suspend, cancel, or revoke the registration, and shall provide the vehicle owner a reasonable time, not less than 45 days in cases under paragraph (2) of subdivision (a), to provide evidence of financial responsibility or to establish that the vehicle is not being operated. (2) For the low-cost automobile insurance program established under Section 11629.7 of the Insurance Code, the department shall provide residents with information on the notification document, in plain, boldface type not less than 12 point in size, and in both English and Spanish, stating the following: “California Low-Cost Auto Insurance: A program offering affordable automobile insurance is available. Visit (insert Internet Web site address provided by the Department of Insurance) or call toll free (insert toll-free telephone number for the California Automobile Assigned Risk Plan or its successor as provided by the Department of Insurance). Qualified applicants must be 19 years of age or older, have a driver’s license for the past three years, and meet income eligibility requirements (insert income example provided by Department of Insurance).” (c) (1) Notwithstanding any other provision of this code, before a registration is reinstated after suspension, cancellation, or revocation, there shall be paid to the department, in addition to any other fees required by this code, a fee sufficient to pay the cost of the reissuance as determined by the department. (2) Commencing on January 1, 2011, the reissuance fee imposed by paragraph (1) shall not apply to a member of the California National Guard or the United States Armed Forces who was on active duty, serving outside of this state in a military conflict during a time of war, as defined in Section 18 of the Military and Veterans Code, at the time of the suspension, cancellation, or revocation of his or her vehicle registration. The person shall submit a copy of his or her official military orders upon requesting the registration reinstatement. (Amended by Stats. 2011, Ch. 401, Sec. 4. (AB 1024) Effective January 1, 2012.)
  196. 4000.4.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Most vehicles registered to a nonresident owner must be registered in California if they are based in California or mainly used on California highways, unless Sections 6700, 6702, or 6703 apply.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.4. (a) Except as provided in Sections 6700, 6702, and 6703, any vehicle which is registered to a nonresident owner, and which is based in California or primarily used on California highways, shall be registered in California. (b) For purposes of this section, a vehicle is deemed to be primarily or regularly used on the highways of this state if the vehicle is located or operated in this state for a greater amount of time than it is located or operated in any other individual state during the registration period in question. (Amended by Stats. 1988, Ch. 1008, Sec. 2.)
  197. 4000.5.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department must register an autoette as a motor vehicle, and the owner must remove and return its license plates to the department when the autoette is removed from a natural island.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.5. (a) The department shall register an autoette, as defined in Section 175, as a motor vehicle. (b) The owner of an autoette shall remove the license plates from the vehicle and return them to the department when the autoette is removed from a natural island, as described in Section 175. (Added by Stats. 2006, Ch. 322, Sec. 2. Effective January 1, 2007.)
  198. 4000.6.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Commercial motor vehicles over 10,000 pounds must be registered under Section 9400.1, and certain registration applications must include the declared combined gross weight of all units.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4000.6. A commercial motor vehicle, singly or in combination, that operates with a declared gross or combined gross vehicle weight that exceeds 10,000 pounds shall be registered pursuant to Section 9400.1. (a) A person submitting an application for registration of a commercial motor vehicle operated in combination with a semitrailer, trailer, or any combination thereof, shall include the declared combined gross weight of all units when applying for registration with the department, except as exempted under subdivision (a) of Section 9400.1. (b) This section does not apply to pickups nor to any commercial motor vehicle or combination that does not exceed 10,000 pounds gross vehicle weight. (c) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, having reason to believe that a commercial motor vehicle is being operated, either singly or in combination, in excess of its registered declared gross or combined gross vehicle weight, may require the driver to stop and submit to an inspection or weighing of the vehicle or vehicles and an inspection of registration documents. (d) A person shall not operate a commercial motor vehicle, either singly or in combination, in excess of its registered declared gross or combined gross vehicle weight. (e) A violation of this section is an infraction punishable by a fine in an amount equal to the amount specified in Section 42030.1. (Amended by Stats. 2004, Ch. 615, Sec. 21. Effective January 1, 2005.)
  199. 40000.1.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Except where this article says otherwise, any person who violates or fails to comply with the Vehicle Code or a local ordinance adopted under it commits an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.1. Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of this code, or any local ordinance adopted pursuant to this code. (Added by Stats. 1971, Ch. 1178.)
  200. 40000.10.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A violation of subdivision (a) of Section 12500 is punished with specified penalties, including a $100 infraction for a first or second violation, and harsher misdemeanor-or-infraction treatment in listed cases.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.10. A violation of subdivision (a) of Section 12500 shall be punished as follows: (a) Except as provided in subdivision (b), as an infraction by a fine of one hundred dollars ($100) for a first or second violation. (b) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code if a person has a prior driver’s license suspension or revocation for a violation of subdivision (c) of Section 192 of the Penal Code, subdivision (e) of Section 12809, or of Section 13353, 13353.1, 13353.2, 23103, 23104, 23105, 23109, 23152, 23153, or 23154. (c) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code for a third or subsequent violation. (Added by Stats. 2022, Ch. 800, Sec. 20. (AB 2746) Effective January 1, 2023.)

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