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.
Equipment of Off-highway VehiclesEmission Control Equipment
Section § 38390
This law states that if you are using or preparing to use an off-highway vehicle made in 1978 or later, it must have a pollution control device that is required by law, such as the Clean Air Act. This device must be installed properly and functioning. You are not allowed to disconnect, change, or alter this device in any way.
off-highway vehicles pollution control device motor vehicle emissions
Section § 38391
This California law makes it illegal to install, sell, advertise, or offer for sale any device or system that changes or affects the original design or function of pollution control systems in off-highway vehicles. This is to ensure that these vehicles meet environmental standards as intended.
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.
off-highway vehicles pollution control device modification
Section § 38392
If someone intentionally breaks any rule in this section, the court will strictly fine them the highest possible amount without the option to reduce or suspend that fine. The term 'willfully' here follows the definition given in another legal section.
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.
intentional violation maximum fine unreduced fine
Section § 38393
This law says you cannot drive an off-road vehicle if a traffic officer tells you it lacks the necessary pollution control device. You can only drive it directly home, to your business, or to a garage for repairs. The vehicle needs to have the required pollution control device installed and working before you can drive it freely again.
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.
off-highway vehicle traffic officer notice pollution control device
Section § 38394
This law requires that if you're given a notice to appear or have a complaint filed against you for breaking specific vehicle rules, you must show proof that you've fixed the issue as described in another section.
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.
notice to appear proof of correction vehicle violation
Section § 38395
This law section explains that certain rules about altering or modifying vehicles don't apply if the State Air Resources Board determines that these changes don't make pollution control devices less effective.
If the changes keep the vehicle's emissions within the state's or federal limits for that vehicle's model year, the rules also don't apply.
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)CA Vehicle Code § 38395(a) To not reduce the effectiveness of any required off-highway motor vehicle pollution control device; or
(b)CA Vehicle Code § 38395(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.
vehicle modifications State Air Resources Board pollution control device
Section § 38396
This law states that the rules in this article are applicable to off-highway vehicles owned by the U.S. government or its agencies, but only as much as federal law allows.
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.
off-highway vehicles federal authorization U.S. government vehicles
Section § 38397
This law applies to all off-highway vehicles, which are vehicles designed for use off paved roads, regardless of whether they need to be identified according to other rules. This includes all off-highway vehicles ready for use on either private or public land, except where Section 38390 specifically states otherwise.
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.
off-highway vehicles vehicle identification private property operation
