Section § 38365

Explanation

This law requires all off-highway vehicles to have a working muffler at all times to reduce noise, and it cannot have any modifications that bypass the muffler system. However, this rule doesn't apply when these vehicles are part of organized racing or competitive events conducted on closed courses, as long as the event is sanctioned or permitted by local authorities.

(a)CA Vehicle Code § 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)CA Vehicle Code § 38365(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.

Section § 38366

Explanation

This law requires off-highway motor vehicles to have a spark arrester when used on forest, brush, or grass-covered land. A spark arrester is a device that prevents the vehicle from igniting flammable materials and must be in good working order. The device fits to the exhaust and should prevent flames or heat from escaping. However, vehicles in organized races on closed courses are exempt if the event has a proper permit from the relevant fire authority.

(a)CA Vehicle Code § 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)CA Vehicle Code § 38366(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)CA Vehicle Code § 38366(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)CA Vehicle Code § 38366(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.

Section § 38370

Explanation

This law sets noise limits for off-highway vehicles, like dirt bikes, in California. The noise limits vary based on when the vehicle was made. Vehicles made before 1973 must not exceed 92 dBA, while those made on or after January 1, 1986, are limited to 82 dBA, among other limits for other years. Sellers can't sell new vehicles that exceed these noise limits unless they comply with EPA noise standards. Test procedures to measure noise are overseen by the California Highway Patrol and informed by the Society of Automotive Engineers' standards.

A silencer must be attached to these vehicles to ensure they meet noise regulations. As of 2003, competition vehicles made after 1998 can't exceed 96 dBA. For models made before 1998, the limit is 101 dBA. All other off-highway vehicles must meet similar noise limitations depending on the manufacturing year.

Manufacturers must provide certain technical data to state authorities before selling new models to help enforce these noise regulations. Additionally, the Department of Parks and Recreation reviews and possibly updates these noise regulations over time.

(a)CA Vehicle Code § 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)CA Vehicle Code § 38370(1)
Any such vehicle manufactured before January 1, 1973  ........................
92 dBA
(2)CA Vehicle Code § 38370(2)
Any such vehicle manufactured on or after January 1, 1973, and before January 1, 1975   ........................
88 dBA
(3)CA Vehicle Code § 38370(3)
Any such vehicle manufactured on or after January 1, 1975, and before January 1, 1986   ........................
86 dBA
(4)CA Vehicle Code § 38370(4)
Any such vehicle manufactured on or after January 1, 1986  ........................
82 dBA
(b)CA Vehicle Code § 38370(b) The department may accept a dealer’s certificate as proof of compliance with this section.
(c)CA Vehicle Code § 38370(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)CA Vehicle Code § 38370(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)CA Vehicle Code § 38370(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)CA Vehicle Code § 38370(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)CA Vehicle Code § 38370(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)CA Vehicle Code § 38370(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)CA Vehicle Code § 38370(h)(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)CA Vehicle Code § 38370(h)(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)CA Vehicle Code § 38370(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.

Section § 38375

Explanation

This law states that off-highway vehicles, like dirt bikes or ATVs, cannot have or use a siren unless they are authorized emergency vehicles. It also specifies that drivers of these vehicles, except those driving emergency vehicles under special permission, are not allowed to use sirens.

(a)CA Vehicle Code § 38375(a) An off-highway motor vehicle, except an authorized emergency vehicle, shall not be equipped with a siren.
(b)CA Vehicle Code § 38375(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.

Section § 38380

Explanation

This law allows local authorities and state or federal agencies to require extra equipment on vehicles being driven off-road under certain conditions like fire hazards or public safety concerns. If extra equipment is needed, the agency in charge must clearly post the requirements so that off-road vehicle operators are informed of what's required in those specific areas.

(a)CA Vehicle Code § 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)CA Vehicle Code § 38380(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.