This division may be cited as the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971.
Chapter 1General Provisions
Section § 38000
This law section names a specific part of the California law as the 'Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971,' which deals with rules for off-highway vehicles, like dirt bikes and ATVs.
Chappie-Z'berg Off-Highway Motor Vehicle 1971 dirt bikes ATVs off-road vehicles California off-road rules off-road laws Chappie-Z'berg Law off-highway regulations California vehicle regulations recreational vehicles off-road safety off-highway compliance
Section § 38001
This law governs the use of off-highway vehicles on public lands that are funded or maintained by the Off-Highway Vehicle Trust Fund, except private lands where the owner’s permission is needed. It clarifies that 'highways' do not include rough roads such as fire trails or logging roads. Privately owned parking lots open to the public are not covered by these rules unless formally included through a specific process.
(a)CA Vehicle Code § 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)CA Vehicle Code § 38001(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.
off-highway vehicles public lands Off-Highway Vehicle Trust Fund private lands owner's permission fire trails logging roads service roads vehicle travel privately owned parking public accessibility roughly graded roads vehicular travel exceptions parking facilities exemption off-road vehicle regulations
Section § 38006
This section defines what counts as an "off-highway motor vehicle" in California. It includes three types: (a) vehicles covered under a specific other law, (b) vehicles registered regularly but used off-road, and (c) vehicles owned by nonresidents, even if registered outside the state, when used on applicable land in California.
As used in this division, an “off-highway motor vehicle” is any of the following:
(a)CA Vehicle Code § 38006(a) A motor vehicle subject to the provisions of subdivision (a) of Section 38010.
(b)CA Vehicle Code § 38006(b) A motor vehicle registered under Section 4000, when such motor vehicle is operated on land to which this division has application.
(c)CA Vehicle Code § 38006(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.
off-highway motor vehicle off-road vehicle nonresident vehicle vehicle registration subdivision (a) of Section 38010 Section 4000 foreign jurisdiction vehicle land use California off-road off-highway operation nonresident vehicles on California land motor vehicles operated off-road foreign registered vehicles California nonresident vehicle law
Section § 38007
The Off-Highway Motor Vehicle Recreation Division is responsible for creating instruction courses on the safe use and environmental care of off-highway vehicles by January 1, 2005. To develop these courses, they will work with organizations like the California Highway Patrol. These courses will be available through various means, including directly from the division, through contracts, or via trained volunteers.
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.
off-highway motor vehicle safety instruction environmental preservation Department of Parks and Recreation California Highway Patrol vehicle operation training recreation division course development public and private partnerships volunteer instructors instruction availability contractual agreements motor vehicle safety instructional course environmental care
