SECTIONS 38000-38007 - California Statutes

VEHICLE CODE

SECTION 38000-38007

38000. This division may be cited as the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971.

38001. (a) Except as otherwise provided, this division applies to
off-highway motor vehicles, as defined in Section 38006, on lands,
other than a highway, that are open and accessible to the public,
including any land acquired, developed, operated, or maintained, in
whole or in part, with money from the Off-Highway Vehicle Trust Fund,
except private lands under the immediate control of the owner or his
or her agent where permission is required and has been granted to
operate a motor vehicle. For purposes of this division, the term
"highway" does not include fire trails, logging roads, service roads
regardless of surface composition, or other roughly graded trails and
roads upon which vehicular travel by the public is permitted.
(b) Privately owned and maintained parking facilities that are
generally open to the public are exempt from this division, unless
the facilities are specifically declared subject to this division by
the procedure specified in Section 21107.8.

38006. As used in this division, an "off-highway motor vehicle" is
any of the following:
(a) A motor vehicle subject to the provisions of subdivision (a)
of Section 38010.
(b) A motor vehicle registered under Section 4000, when such motor
vehicle is operated on land to which this division has application.
(c) A motor vehicle owned or operated by a nonresident of this
state, whether or not such motor vehicle is identified or registered
in a foreign jurisdiction, when such motor vehicle is operated on
lands to which this division has application.

38007. The Off-Highway Motor Vehicle Recreation Division of the
Department of Parks and Recreation shall adopt courses of instruction
in off-highway motor vehicle safety, operation, and principles of
environmental preservation by January 1, 2005. For this purpose the
division shall consult with the Department of the California Highway
Patrol and other public and private agencies or organizations. The
division shall make this course of instruction available directly,
through contractual agreement, or through volunteers authorized by
the division to conduct a course of instruction.