2007 California Vehicle Code Chapter 7. All-terrain Vehicles

CA Codes (veh:38500-38506)

VEHICLE CODE
SECTION 38500-38506



38500.  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.


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



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) The department shall charge a fee not to exceed three dollars
() 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) 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 () 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.



38502.  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.




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



38504.  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.



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) A person convicted of a violation of subdivision (a) is
punishable as follows:
   (1) For a first conviction, the court shall either impose a fine
of one hundred twenty-five dollars (5) 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) For a second conviction, a fine of not less than one hundred
twenty-five dollars (5) nor more than two hundred fifty dollars
(0).
   (3) For a third or any subsequent conviction, a fine of not less
than two hundred fifty dollars (0) nor more than five hundred
dollars (0).


38504.2.  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.




38505.  No person, on and after January 1, 1989, shall operate,
ride, or be otherwise propelled on an all-terrain vehicle on public
lands unless the person wears a safety helmet meeting requirements
established for motorcycles and motorized bicycles, pursuant to
Section 27802.



38506.  No operator of an all-terrain vehicle  may carry a passenger
when operating on public lands.
   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.

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