Section § 38500

Explanation

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.

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.

Section § 38500.1

Explanation

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.

The Off-Highway Vehicle Safety Education Committee shall meet periodically to perform all of the following:
(a)CA Vehicle Code § 38500.1(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)CA Vehicle Code § 38500.1(a)(1) Curriculum and materials for training instructors to teach all-terrain vehicle operation and safety.
(2)CA Vehicle Code § 38500.1(a)(2) Curriculum and materials for training all-terrain vehicle safety.
(3)CA Vehicle Code § 38500.1(a)(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)CA Vehicle Code § 38500.1(a)(4) Record keeping and insurance requirements to satisfy the requirements of Sections 11103.1 and 11108.
(b)CA Vehicle Code § 38500.1(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.

Section § 38501

Explanation

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.

(a)CA Vehicle Code § 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)CA Vehicle Code § 38501(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)CA Vehicle Code § 38501(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.

Section § 38502

Explanation

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.

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.

Section § 38503

Explanation

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.

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)CA Vehicle Code § 38503(a) The person is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor.
(b)CA Vehicle Code § 38503(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)CA Vehicle Code § 38503(c) The person has in possession an appropriate safety certificate issued by this state or issued under the authority of another state.

Section § 38504

Explanation

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.

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.

Section § 38504.1

Explanation

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.

(a)CA Vehicle Code § 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)CA Vehicle Code § 38504.1(b) A person convicted of a violation of subdivision (a) is punishable as follows:
(1)CA Vehicle Code § 38504.1(b)(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)CA Vehicle Code § 38504.1(b)(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)CA Vehicle Code § 38504.1(b)(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).

Section § 38504.2

Explanation

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.

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.

Section § 38505

Explanation

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.

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.

Section § 38506

Explanation

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.

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.