CHAPTER 9. California Off-Highway Motor Vehicle Safety and Stewardship Program
38610.
As used in this chapter, the following terms have the following meanings:
(a) “Division” means the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation.
(b) “Operator” includes an individual 16 years of age or older in control of an off-highway motor vehicle as defined in Section 38006. “Operator” also includes both of the following:
(1) An individual who rents an off-highway motor vehicle.
(2) A visitor to California who engages in off-highway motor vehicle recreation.
(c) “Course” means the California Off-Highway Motor Vehicle Safety and Stewardship Course developed and implemented pursuant to Section 38612.
(d) “Operator card” means the California Off-Highway Motor Vehicle Safety and Stewardship operator card issued pursuant to Section 38613.
(e) “Supervision” means maintaining visual contact and a physical presence at a distance of no more than 300 feet that allows a supervising adult to safely give assistance and verbal advice to a child 15 years of age or younger who is operating an off-highway motor vehicle.
38611.
(a) The division, in conjunction with the Department of Parks and Recreation, shall convene a stakeholder group to develop an off-highway motor vehicle safety and stewardship course on or before June 30, 2027, for a period of nine months. The stakeholder group shall facilitate a minimum of three meetings during this period, which shall include an option for remote attendance.
(b) The stakeholder group shall include individuals who have historically made positive contributions to the existing off-highway motor vehicle program in California, including all of the following:
(1) The deputy director of the division, or their designee.
(2) The Commissioner of the California Highway Patrol, or their designee.
(3) A representative from the division with peace officer authority pursuant to Section 830.2 of the Penal Code.
(4) A representative from the Department of Motor Vehicles.
(5) No more than two representatives from each of the following groups:
(A) Off-highway motor vehicle recreation organizations.
(B) Hunting or angling community organizations.
(C) Business interests, including manufacturers, rental operators, and motorsports retail dealers.
(D) National organizations with off-highway motor vehicle conservation programs.
(E) Environmental or conservation organizations that have historically engaged in off-highway motor vehicle issues.
(F) Federal agencies, including the United States Forest Service and the federal Bureau of Land Management.
(G) County representative organizations.
(H) Federally recognized tribal governments with lands where off-highway motor vehicle recreation occurs.
(c) The Director of the Department of Parks and Recreation and the deputy director of the division shall jointly make the final determination as to the individuals invited to join the stakeholder group. If the director and deputy director are unable to appoint a representative from the enumerated categories, the stakeholder group shall convene without those representatives.
(d) On or before March 1, 2028, the stakeholder group shall prepare and submit a consensus report to the deputy director of the division that includes, at a minimum, both of the following:
(1) Recommendations on what to include in the California Off-Highway Motor Vehicle Safety and Stewardship Course, including the topics specified in Section 38612.
(2) A discussion on whether the course should be available in languages other than English, and if so, in which languages the course should be made available.
38612.
(a) On or before January 1, 2029, the division shall develop and implement the California Off-Highway Motor Vehicle Safety and Stewardship Course.
(b) The division shall develop the course based on the stakeholder group report submitted pursuant to Section 38611. The division shall determine the reasonable length of the course, which shall include, at a minimum, information regarding all of the following:
(1) Principles of safe operation of off-highway motor vehicles.
(2) Adherence to existing laws, including operating under the influence and vehicle registration requirements.
(3) Use of appropriate safety gear.
(4) Trail etiquette and best practices for off-highway motor vehicle recreation.
(5) Environmental protection and stewardship of public lands.
(6) Conservation and protection of cultural and natural resources.
(7) Respect for private property.
(8) Driving and riding on roads and trails and in areas designated for off-highway motor vehicle travel.
(9) Promotion of hands-on skills training.
(c) The division may contract with an outside vendor to develop the course through a formal competitive bidding process.
(d) The division may offer the course online through no more than two approved outside vendors.
(e) The division shall post links to approved course providers on its internet website.
(f) The division may update the course curriculum as it deems necessary.
(g) The division shall establish a course fee of twenty-five dollars ($25) and may increase the course fee as necessary to cover the reasonable costs of carrying out the California Off-Highway Motor Vehicle Safety and Stewardship Program, but shall hold at least one public hearing and notify the Legislature at least 30 days prior to any increase to the fee. Fees collected pursuant to this subdivision shall be deposited into the Off-Highway Vehicle Trust Fund. Upon appropriation by the Legislature, the moneys in the fund shall be made available for the administration of this chapter pursuant to Section 5090.61 of the Public Resources Code.
(h) The division shall evaluate off-highway motor vehicle safety and responsibility education programs from other states to determine whether those programs meet the criteria outlined in this section and whether to offer reciprocity to individuals who have completed those programs in lieu of requiring those individuals to complete the California Off-Highway Motor Vehicle Safety and Stewardship Course.
38613.
(a) The division shall issue a California Off-Highway Motor Vehicle Safety and Stewardship operator card to each person who successfully completes the California Off-Highway Motor Vehicle Safety and Stewardship Course. The card shall be valid for five years and subject to renewal.
(b) The operator card shall be in an electronic format that can be downloaded and either be printed by the recipient or viewed electronically. The department division shall offer a physical card for an additional fee upon request by the applicant.
(c) The division shall establish procedures for the renewal of operator cards that may include a requirement to complete an updated course.
38614.
(a) On or after July 1, 2029, an operator shall not operate an off-highway motor vehicle on lands to which this division applies pursuant to Section 38001 unless they have either of the following in their possession:
(1) A California Off-Highway Motor Vehicle Safety and Stewardship operator card.
(2) Proof of completion of an approved reciprocal program pursuant to subdivision (h) of Section 38612.
(b) An operator shall present their operator card or proof of completion to law enforcement personnel upon request.
(c) Subdivision (a) shall not apply to any of the following:
(1) Individuals participating in a permitted, sanctioned off-highway motor vehicle event.
(2) Individuals operating implements of husbandry.
(3) Individuals operating over-snow vehicles commonly referred to as snowmobiles, or other vehicles designed to solely travel over snow or ice.
(4) Individuals operating construction vehicles and off-road vehicles, such as logging trucks.
(d) A violation of subdivision (a) or (b) is an infraction punishable as described in Section 38616.
(e) A peace officer Law enforcement personnel shall not stop an off-highway motor vehicle for the sole purpose of determining whether the vehicle is being operated in violation of this section.
38615.
(a) On or after July 1, 2029, a child 15 years of age or younger shall not operate an off-highway motor vehicle on lands to which this division applies pursuant to Section 38001 without the supervision of a parent or another supervising adult who is in possession of either of the following:
(1) A California Off-Highway Motor Vehicle Safety and Stewardship operator card.
(2) Proof of completion of an approved reciprocal program pursuant to subdivision (h) of Section 38612.
(b) A parent or supervising adult of a child 15 years of age or younger shall present their operator card or proof of completion to law enforcement personnel upon request.
(c) A violation of subdivision (a) or (b) is an infraction on the child’s parent or the supervising adult and is punishable as described in Section 38616.
38616.
(a) A violation of subdivision (a) or (b) of Section 38614 or subdivision (a) or (b) of Section 38615 shall be punishable as follows:
(1) The court shall order the defendant to successfully complete the California Off-Highway Motor Vehicle Safety and Stewardship Course.
(2) A first violation shall be punishable by a fine not to exceed one hundred dollars ($100), which may be waived by the court.
(3) A second violation shall be punishable by a fine not to exceed two hundred fifty dollars ($250).
(4) A third or subsequent violation shall be punishable by a fine not to exceed five hundred dollars ($500).
(b) If the court orders a defendant between 16 and 18 years of age to successfully complete the course, the court may require the defendant to obtain the consent of their parent or guardian to enroll in the course.
(c) A person ordered to complete the course pursuant to this section shall submit to the court proof of completion of the course within seven months of the date of conviction. The proof shall be in a form that has been approved by the division and that is capable of being submitted to the court through the United States Postal Service or another certified means of transmission.
(d) A violation of subdivision (a) or (b) of Section 38614 or subdivision (a) or (b) of Section 38615 shall not result in a violation point count.
(e) The court shall waive any fine required by this section if the defendant provides proof that they had a valid operator card or proof of completion of an approved reciprocal program pursuant to subdivision (h) of Section 38612 at the time the citation was issued.
38617.
(a) The division shall evaluate the efficacy of the course in achieving its stated goals of responsible ridership, respect for trails, resources, the environment, and a reduction in accident and injury rates while riding or driving an off-highway motor vehicle.
(b) The division shall compile documented rates of off-highway motor vehicle recreation accidents and injuries at state vehicular recreation areas prior to the implementation of the California Off-Highway Motor Vehicle Safety and Stewardship Course to establish a baseline to be used to evaluate the efficacy of the course. The division shall include results of this evaluation in the Off-Highway Motor Vehicle Recreation Commission’s report required by Section 5090.24 of the Public Resources Code.
(c) The division shall post the report on its internet website.