ASA Hosted Panel Discussion
Posted: Thu May 05, 2005 1:59 pm Post subject: ASA Hosted Panel Discussion
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5/5/2005
ASA HOSTS
PANEL DISCUSSION
ABOUT
OFF-ROAD REGISTRATION AND LAWS
The ASA Board of Directors conducts four open meetings each year. Three of the meetings are held in California and one in Arizona. At the recent April 2, 2005 meeting in Phoenix, a panel of law enforcement experts addressed questions relating to off-road vehicle registration, laws and rules. While many of the ASA’s 20,000 members visit recreations areas in Arizona, Nevada and California, the rules are not the same in all jurisdictions.
The panel discussion is part of ASA’s “Public Education Outreach Partnership Program” with agencies responsible for management of our public lands. A similar panel discussion is tentatively scheduled for the October 22, 2005 Board Meeting in San Diego.
The participants on the Phoenix panel were:
Mark Mc Nay, Imperial County Sheriffs’ Office
Daphne Greene, Deputy Director, California State Parks OHMVR Division
Edward Jahrke, Program Manager, Watercraft & OHV Law Enforcement Arizona Game & Fish Department
Ruben Conde Jr, Bureau of Land Management Law Enforcement Ranger
Questions and Answers
1. Q: Is a red light required at the ISDRA even if you are not riding at night?
A: Mark Mc Nay - Per Calif. Vehicle Code 38345, a red light is not required during daylight hours, but it is required from one half hour after sunset until one half hour before sunrise.
2. Q: Is a brake light required to be legal at the ISDRA?
A: Mark Mc Nay - Brake lights on ATVs, motorcycles or off-road vehicles are not required. Only street legal vehicles are required to have operating brake lights, which must be in working order.
3. Q: Is there reciprocity between Arizona and California regarding street legal ATVs and golf carts?
A: Ed Jahrke and Daphne Greene - ATVs and golf carts can be street legal only in Arizona, not in California.
ATVs and golf carts are not considered street legal vehicles in CA. In AZ they can be street legal. If you are a resident of AZ and have a non-street legal vehicle in CA that is registered in AZ, you do not need to obtain a non-resident permit when visiting CA. Until further notice, RV plates on AZ vehicles should be accepted as registration if the owner has AZ ID.
4. Q: Is a light required on your whip if you are riding at night?
A: Mark Mc Nay - No. A light is not required on your whip flag.
5. Q: Is it illegal to ride double on an ATV in CA and AZ if the manufacturer says the ATV is designed for two people?
A: Ed Jahrke - No. If the ATV is manufactured for two people, it is legal to ride double.
A: Mark Mc Nay and Ruben Conde - In California, as long as the ATV is manufactured for two passengers it is legal to ride double.
6. Q: If it is legal to ride double on an ATV that is designed for two by the manufacturer, then if a regular ATV is modified with the same equipment, is it legal to ride double on it?
A: Mark Mc Nay – No. Per California Vehicle Code 38506, any type of modified vehicle not manufactured for two passengers is not legal for the operation with a passenger.
7. Q: Are the sound limits in CA just for ATVs and motorcycles or for all off-road vehicles?
A: Daphne Greene - All off-highway vehicles, not just ATVs and motorcycles are required to meet the 96dBA law.
CA vehicle code 38365 reads: (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. (

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.
"Less Sound Equals More Ground" is a slogan that speaks to the importance of quiet vehicles. Sound is one of the most important issues facing Californians today. In order to sustain long-term OHV opportunities, we must all adhere to the OHV Noise Standard.
8. Q: Some people have received tickets at the ISDRA for no spark arrestor. Why would this apply when there isn’t a danger of starting a fire? What does the spark arrestor law say?
A: Mark Mc Nay - All off-highway vehicles are required to be equipped with a spark arrestor.
A. Rubin Conde - There is a Federal Law that requires a spark arrestor when operating on federal land.
9. Q: Can you ride your AZ street legal golf cart or ATV on maintained roads in CA?
A: Mark Mc Nay - No. In California, ATVs and golf carts are not considered street legal.
10. Q: Do Arizona residents with a Arizona RV plate on their ATV, sand rail or golf cart need to buy a non-resident sticker from CA to be legal in CA to ride off-road?
A: Daphne Greene and Mark Mc Nay - If you are a resident of AZ and have a non-street legal vehicle in CA that is registered in AZ, you do not need to obtain a non-resident permit when visiting CA. Until further notice, RV plates on AZ vehicles are accepted as registration if the owner has AZ ID.
11. Q: If you are riding a motorcycle off-road in CA do you need to wear a helmet?
A: Mark Mc Nay – The law does not require you to wear a helmet when riding a motorcycle off-road. Helmets are required when riding an ATV.
12. Q: Where is it legal to use my unlicensed ATV, golf cart or sand rail in AZ?
A: Ed Jahrke - On unpaved or gravel roads in unincorporated areas you are OK; however, this may not apply to federal lands. It is advisable to check with the authorities in the area where you are going to ride before riding. The following is the actual verbiage from Arizona Revised Statutes Title 28-2153. Registration requirement; exceptions; assessment; violation; classification
D. This section does not apply to:
9. An all-terrain vehicle or an off-road recreational motor vehicle operating on a dirt road that is located in an unincorporated area of this state. For the purposes of this paragraph, "dirt road" means an unpaved or ungraveled road that is not maintained by this state or a city, town or county of this state.
These are the places where an individual can legally use an unlicensed (non-street legal) ATV, golf cart or sand rail. Roads on federal lands also allow use of unlicensed ATVs, golf carts and sand rails unless these roads are maintained by this state or a city, town or county of this state.
13. Q: In CA is it legal to drive an OHV off-road if your license has been revoked?
A: Mark McNay - No. You may not operate any motorized vehicle if your license is suspended or has been revoked. Driving in California is a privilege not a right.
CVC 14601 et seq. were modified effective January 1, 2005 to clarify that suspension or revocation of your driving privilege applies in OHV areas.
14. Q: Are most CA off-road regulations the same in AZ or NV?
A: Ed Jahrke - No.
15. Q: When the CA Green Sticker program pays for improvements in an area, do they continue to fund the maintenance on the improvement?
A: Daphne Greene – Yes and No. In the past many areas funded for new development were later funded for some of the on-going maintenance. However, our regulations now require managers of an area receiving grant or cooperative agreement funding be able to demonstrate the ability to maintain new developments without OHV Trust Funds.
Please keep in mind green sticker registration funds are only a small fraction of the entire OHV Trust Fund for California. The OHV Trust Fund is comprised of monies collected from the fuel tax on individuals driving off-highway, the green sticker registration fee, and fees collected at State Vehicular Recreation Areas (SVRAs).
The OHMVR Commission allocates funding on a yearly basis for the grants and cooperative agreements program. In 2004/2005, requests for funding exceeded $37M; there was $17M available to allocate. The Commission is a seven-member body comprised of political appointees. (The Governor appoints three and the legislature appoints four.) The decision to fund on-going maintenance of an area is up to the Commission. It is incumbent upon the county or agencies applying for grant funding to properly plan for their OHV programs and not rely or expect funds from an unpredictable funding source.
16. Q: With the visitation ISDRA receives, why doesn’t the area receive more funding?
A: Daphne Greene - The OHMVR Commission is responsible for the allocation of funds for the local assistance and cooperative agreements program. Last year there was $37 million in requests and the Commission allocated all of the funds available ($17M). The Commission and Division have the responsibility to provide OHV opportunities throughout the State. The ultimate decision to fund an area or project is up to the seven-member Commission.
As part of the $25 paid for green sticker registration, a percentage goes to CHP, DMV, the OHMVR Division, and back to the counties as “in-lieu” funds. There are changes taking place in the off-highway program that may actually increase the “in-lieu” funding which Imperial County currently receives.
17. Q: Are fireworks illegal in government directed areas such as the dunes? What is the Enforcement Policy?
A: Mark Mc Nay - Federal fire codes and county ordinance laws require a permit in order to light fireworks. Enforcement comes under county codes, which is a misdemeanor with a fine of up to $500.00.
County ordinance 8.24.010:
No person, firm or corporation shall offer for sale, sell, use or display, within the unincorporated territory of the County of Imperial, fireworks of any kind other than those included within the definition of “safe and sane fireworks,” as set forth in Part 2 of Division 11 of the Health and Safety Code of the State of California…
Violators may be assessed a five hundred dollar fine and have any fireworks remaining in Imperial County confiscated.
18. Q: Why isn’t the border patrol more active in law enforcement in the dunes?
A: Ruben Conde - Their primary focus is border patrol and they are not peace officers.
19. Q: When is a safety flag, on a whip, eight feet above the ground required at the ISDRA? A whip with a flag doesn’t appear to be required on motor homes or trucks when they are in camping areas but ATVs are required to have them. Why does a truck need a whip with a flag at the drags - off of Gecko road - if it isn’t going to go out in the dunes ? The drags at Gecko are as flat as the camping areas. What is the rule of thumb on when a whip and flag are required?
A: Mark Mc Nay - When the motorized vehicle leaves the payment, a flag is required. Federal supplemental rules require a flag measuring eight feet starting from the ground to the tip. Common sense says a motorhome doesn’t require a whip if in a camp area.
20. Q: There is no parking or camping within 10ft of the pavement on Gecko Road, although I’ve never seen it enforced for camping. Does this apply for the road that goes into Buttercup also?
A: Ruben Conde - That rule is specific to Gecko road only; however, we urge everyone to drive safely along all roads. When camping along any road be sure to leave enough room for patrol and rescue vehicles to pass through.
21. Q: In AZ many sand rails don’t have a title and are not street legal. They are bought and sold with a bill of sale. Is a non-resident sticker all they need to be legal at the ISDRA?
A: Mark Mc Nay - Yes. All they need is a non-resident permit. For locations to purchase them, go to
http://www.ohv.parks.ca.gov/default.asp?page_id=21846 .
22. Q: On busy holiday weekends at Glamis, there are LEOs from outside agencies and many are not familiar with the dunes or the rules. What process is used to bring them up to speed? Do they receive any information to review before they come to Glamis?
A: Ruben Conde and Mark Mc Nay - Officers are intensively briefed before heading out into the field. On holiday weekends, many officers return to ISDRA from outside areas and are already familiar with the most used regulations and laws. They are also given briefings each day before each shift, regarding current incidents and other items that are specific to the area they are going to work.
23. Q: Is Arizona considering a program similar to the California State Parks OHV Program? If so, what is the current status?
A: Ed Jahrke - The answer to #1 is yes. One of the biggest goals is to keep the program simple. The agency that will handle the program has yet to be chosen. There is a real need out there for revenue and management in order to keep the public lands access open to the public. #2 is: Current status is that during the 2006 general session, there will be some sort of plan in effect, hopefully. The plan is to work with CA to utilize its program as a framework and to maintain an open dialog with the other states including Utah and New Mexico. OHV management is on the forefront of a lot of agencies minds. There has to be an inter-state system in effect for it to be successful.
24. Q: The top of my whip is 10 feet off of the ground. Our club flag is at the top and of the whip and at the 8 foot level is an orange flag. Am I legal?
A: Mark Mc Nay - It is required to have the orange flag at the top of the whip, and then the other club or decorative flag below the colored flag for visibility.
25. Q: Do AZ and CA driving and drinking laws apply off-highway?
What is the rule on open containers? Can a passenger in my dune buggy drink while I drive? What about on OHV designated trails at the cinders near Flagstaff AZ? I have heard about the BLM National Alcohol Initiative. Is that a ban on alcohol on federal land?
A: Mark Mc Nay - California vehicle codes #23222, #23223, #23225, #23226 all apply to drinking and driving laws which also apply to off-highway vehicle use.
The BLM alcohol initiative is a campaign highlighting education of the public and increased attention by enforcement.
26. Q: Ron Scott asked about the law regarding red and blue lights on any off road vehicle.
A: Mark Mc Nay – The California Vehicle Code 38346 prohibits red or blue warning lights. This law allows for law enforcement and emergency personnel to be easily recognized in an emergency. This enables them to protect the public as well as the public lands on which the public recreates.
27. Q: If you have a Dual Sport bike and you have street legal and green stickered, can you have equipment on it disabled that is required for it to be street legal, when using it off road in California?
A: Daphne Greene - Yes, as long as the motorcycle is equipped as required for off-highway use. However, when traveling back on-pavement be sure to have all the proper equipment needed for street legal travel.
_________________
L&L
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