Chapter 7All-Terrain Vehicles
Section § 38500
This law establishes the Off-Highway Vehicle Safety Education Committee in California. The committee includes representatives from the California Highway Patrol, Parks and Recreation, and the Department of Motor Vehicles, along with a member from the Off-Highway Motor Vehicle Recreation Commission. It is supported by the Off-Highway Motor Vehicle Recreation Division.
Section § 38500.1
This law establishes that the Off-Highway Vehicle Safety Education Committee is responsible for setting the standards for all-terrain vehicle (ATV) safety training programs. These programs must include training on vehicle operation and safety, responsible vehicle use respecting the environment and laws, and maintaining necessary records and insurance. The committee also reviews and approves applications from organizations that wish to offer these safety training programs, making recommendations for their licensing.
Section § 38501
If you complete an approved all-terrain vehicle (ATV) safety course, you'll get a safety certificate from a training organization. The certificate shows you've been trained in ATV operation and safety.
The organization might charge you up to $3 for this certificate, which helps cover program administration costs. This fee is decided by the department.
If you lose your original certificate, you can request a duplicate for another fee, but it won't cost more than $3 extra. Overall, the aim is to ensure ATV operators are safely trained through an official and budget-conscious process.
Section § 38502
Starting July 1, 1988, the department can check up on all-terrain vehicle (ATV) safety training organizations and instructors at any time without warning. They can review how they teach, their business practices, and their records as specified in another related section.
Section § 38503
This law states that anyone under 18 years old cannot drive an all-terrain vehicle (ATV) on public lands in California unless they meet certain conditions. They must either be taking a safety training course supervised by a certified instructor, be supervised by an adult who has a recognized safety certificate, or have their own valid safety certificate.
Section § 38504
If you're under 14 years old, you can't ride an all-terrain vehicle on public lands in California unless you meet certain conditions and are supervised by a parent, guardian, or an adult permitted by them.
Section § 38504.1
If you're a parent, guardian, or adult authorized by them, you can't let a child under 14 drive an all-terrain vehicle in a way that breaks the rules outlined in Section 38504.
Breaking this rule can lead to penalties: for the first offense, you might face a $125 fine or have to complete an ATV safety course. For the second offense, fines range from $125 to $250. For the third or more offenses, fines increase to between $250 and $500.
Section § 38504.2
This law states that if a child under 14 isn't properly supervised on an all-terrain vehicle (ATV) as required, and the parent, guardian, or authorized adult fails to follow related safety laws, the court can order the child to take an ATV safety course. The child must do this along with the adult who violated the supervision rule. After completing the course, the child needs to show the court their safety certificate.
Section § 38505
Starting January 1, 1989, anyone operating, riding, or being carried on an all-terrain vehicle on public lands must wear a safety helmet. This helmet should meet the safety standards set for motorcycles and motorized bicycles.
Section § 38506
This law states that you generally cannot carry passengers on an all-terrain vehicle (ATV) when driving on public lands. However, it's okay to bring a passenger if your ATV is specifically designed to hold no more than one passenger and it's intended for off-road use.