Section § 38316

Explanation

This law makes it illegal to drive off-road vehicles in a way that shows a willful and reckless disregard for the safety of people or property. If someone is found guilty of doing this, they could be jailed for 5 to 90 days, fined between $50 and $500, or both.

(a)CA Vehicle Code § 38316(a) It is unlawful for any person to drive any off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property.
(b)CA Vehicle Code § 38316(b) Any person who violates this section shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than five days nor more than 90 days or by fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) or by both such fine and imprisonment, except as provided in Section 38317.

Section § 38317

Explanation

If someone drives an off-road vehicle recklessly and causes injury to another person, they can face jail time of 30 days to 6 months and/or a fine between $100 and $1,000 if convicted.

Whenever reckless driving of an off-highway motor vehicle proximately causes bodily injury to any person, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by both such fine and imprisonment.

Section § 38318

Explanation

This law states that if someone throws something at an off-road vehicle, such as a dirt bike or ATV, or at the people in the vehicle, they are committing a misdemeanor. If a person does this with the intention of causing serious injury and uses dangerous objects like rocks, bricks, or firearms, it is considered a felony, which is a more serious crime.

(a)CA Vehicle Code § 38318(a) Any person who throws any substance at an off-highway motor vehicle or occupant thereof is guilty of a misdemeanor and shall be punished pursuant to Section 42002 by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(b)CA Vehicle Code § 38318(b) Any person who, with intent to do great bodily injury, maliciously and willfully throws or projects any rock, brick, bottle, metal, or other missile, projects any other substance capable of doing serious bodily harm, or discharges a firearm at an off-highway motor vehicle or occupant thereof is guilty of a felony.

Section § 38318.5

Explanation

This law makes it illegal to remove or alter trail, danger, or directional markers for off-road vehicles, and doing so can lead to a misdemeanor charge that may result in a fine or jail time. If someone is harmed or potentially harmed by these actions or if harmful materials like chains or ropes are placed with bad intentions, the act becomes a felony. Additionally, if these acts cause environmental damage, the person responsible may have to pay for damages and repairs.

(a)CA Vehicle Code § 38318.5(a) Any person who maliciously removes or alters trail, danger, or directional markers or signs provided for the safety or guidance of off-highway motor vehicles is guilty of a misdemeanor and shall be punished pursuant to Section 42002 by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(b)CA Vehicle Code § 38318.5(b) Any person who, with intent to do great bodily injury (1) proximately causes great bodily injury to any person as a result of acts prohibited by subdivision (a), or (2) erects or places any cable, chain, rope, fishing line, or other similar material which is unmarked or intentionally placed, or both, for malicious purpose is guilty of a felony.
(c)CA Vehicle Code § 38318.5(c) Any person convicted under subdivision (a) or (b) shall, if the violation proximately causes one or more adverse environmental impacts, also be liable in civil damages for the cost of mitigation, restoration, or repair thereof, in addition to any other liability imposed by law.