Bill Text: CA AB1613 | 2025-2026 | Regular Session | Amended
Bill Title: Vehicles: off-highway motor vehicle safety.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed) 2026-07-02 - Read second time and amended. Re-referred to Com. on APPR. [AB1613 Detail]
Download: California-2025-AB1613-Amended.html
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Amended
IN
Senate
July 02, 2026 |
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Amended
IN
Assembly
May 18, 2026 |
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Amended
IN
Assembly
March 11, 2026 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 1613
| Introduced by Assembly Member Wilson |
January 21, 2026 |
An act to amend Section 5090.24 of the Public Resources Code, and to add Chapter 9 (commencing with Section 38610) to Division 16.5 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1613, as amended, Wilson.
Vehicles: off-highway motor vehicle safety.
The Off-Highway Motor Vehicle Recreation Act of 2003 creates the Off-Highway Motor Vehicle Recreation Commission and the Division of Off-Highway Motor Vehicle Recreation within the Department of Parks and Recreation. The act gives the division certain duties and responsibilities, including adopting courses of instruction in off-highway motor vehicle safety, operation, and principles of environmental preservation, as specified. Existing law establishes the Off-Highway Vehicle Trust Fund, with specified percentages of these revenues to be available, upon appropriation, for various purposes related to off-highway motor vehicles.
This bill would establish the California Off-Highway Motor Vehicle Safety and Stewardship Program. The bill would require the division, in conjunction with the Department of Parks and Recreation, to convene a stakeholder
group to develop an off-highway motor vehicle safety and stewardship course on or before June 30, 2027, as specified. The bill would require the stakeholder group to prepare and submit a consensus report on recommendations on what to include in the course to the deputy director of the division on or before May 1, 2028. The bill would require the division to develop and implement the California Off-Highway Motor Vehicle Safety and Stewardship Course on or before January 1, 2029, based on the stakeholder group’s report. The bill would require the course to cover specified topics, including principles of safe operation and the use of appropriate safety gear. The bill would authorize the division to contract with outside vendors to develop the course and to offer the course online, as specified. The bill would authorize the division to update the course curriculum as it deems necessary. The bill would require the division to evaluate the off-highway motor vehicle safety and responsibility education program of
other states to determine whether to offer reciprocity to individuals who have completed those programs in lieu of completing the course. The bill would require the division to issue California Off-Highway Motor Vehicle Safety and Stewardship operator cards to each person who successfully completes the course. The bill would make the operator cards subject to renewal after 5 years and require the division to establish procedures for the renewal of operator cards, as specified. The bill would require the division to set a course fee of $25 and would authorize increasing the course fee as necessary to cover the reasonable costs of carrying out the program, but would require the division to hold at least one public hearing and notify the Legislature at least 30 days prior to any increase to the fee. The bill would direct these fees to be deposited into the Off-Highway Vehicle Trust Fund.
On and after July 1, 2029, the bill would prohibit an operator of an off-highway
motor vehicle who is 16 years of age or older from operating an off-highway motor vehicle unless they have an operator card or proof of completion of an approved reciprocal program in their possession, except as specified. The bill would prohibit a peace officer law enforcement personnel from stopping an off-highway motor vehicle for the sole purpose of determining whether a violation of this provision has occurred. The bill would also, on or after July 1, 2029, prohibit a child 15 years of age or younger from operating an off-highway motor vehicle without the supervision of a parent or other supervising adult who is in possession of an operator card or proof of completion of an approved reciprocal program. The bill would require an operator to present their operator card or proof of completion to law enforcement
personnel upon request. The bill would make a violation of these provisions an infraction punishable by a requirement to successfully complete the California Off-Highway Motor Vehicle Safety and Stewardship Course and a fine of $100, $250, or $500, as specified. The bill would specify that a violation of these provisions shall not result in a violation point count on a person’s driving record. Because a violation of the above-described provisions would be a crime, this bill would create a state-mandated local program.
Existing law requires the Off-Highway Motor Vehicle Recreation Commission to prepare and submit a program report to the Governor and the appropriate policy and fiscal committees of each house of the Legislature every 3 years on specified topics related to off-highway motor vehicle recreation.
The bill would require the division to evaluate the efficacy of the course, as specified, and to include the results
of the evaluation in the program report described above.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Neighboring states have successfully implemented an off-highway motor vehicle safety program for operators of off-highway motor vehicles.
(2) This act is consistent with the mission of the Department of Parks and Recreation and the Division of Off-Highway Motor Vehicle Recreation.
(3) This act includes the protection of cultural and natural public resources.
(b) It is the
intent of the Legislature in enacting this to ensure that all off-highway motor vehicle operators are educated on the safe operation of off-highway motor vehicles, including adherence to existing laws, trail etiquette, best off-highway motor vehicle recreation practices, environmental protection and stewardship of public lands, protecting of cultural and natural resources, and reducing off-highway motor vehicle accident and injury rates through a mandatory safety program.
(c) It is further the intent of the Legislature to promote responsible off-highway motor vehicle operation for the preservation of recreational opportunities and to increase access to recreational opportunities throughout California.
(d) It is further the intent of the Legislature to require the division to
develop an off-highway motor vehicle safety and stewardship course and to issue operator cards to individuals who have successfully completed the course.
SEC. 2.
Section 5090.24 of the Public Resources Code is amended to read:5090.24.
The commission has the following duties and responsibilities:(a) Be fully informed regarding all governmental activities affecting the program.
(b) Meet at least four times per year at various locations throughout the state to receive comments on the implementation of the program. Establish an annual calendar of proposed meetings at the beginning of each calendar year. The meetings shall include a public meeting, before the beginning of each grant program cycle, to collect public input concerning the program, recommendations for program improvements, and specific project needs for the system.
(c) Hold a public hearing to receive public comment regarding any proposed substantial acquisition or development project at a location in close geographic proximity to the project, unless a hearing consistent with federal law or regulation has already been held regarding the project.
(d) Consider, upon the request of any owner or tenant, whose property is in the vicinity of any land in the system, any alleged adverse impacts occurring on that person’s property from the operation of off-highway motor vehicles and recommend to the division suitable measures for the prevention of any adverse impact determined by the commission to be occurring, and suitable measures for the restoration of adversely impacted property.
(e) Review and comment annually to the director on the
proposed budget of expenditures from the fund.
(f) Review all plans for new and expanded local and regional vehicle recreation areas that have applied for grant funds.
(g) Review and comment on strategic plans periodically developed by the division.
(h) Prepare and submit a program report to the Governor and the appropriate policy and fiscal committees of each house of the Legislature on or before January 1, 2022, and every three years thereafter. The report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The report shall be adopted by the commission after discussing the contents during two or more public meetings. One of the public meetings
shall be held in northern California and one shall be held in southern California. The report shall address the status of the program and off-highway motor vehicle recreation, including all of the following:
(1) A summary of the process, standards, and plans developed pursuant to this chapter.
(2) The condition of natural and cultural resources of areas and trails receiving state off-highway motor vehicle funds and the resolution of conflicts of use in those areas and trails.
(3) The status and accomplishments of funds appropriated for restoration pursuant to paragraph (2) of subdivision (b) of Section 5090.50.
(4) A summary of resource monitoring data
compiled and restoration work completed.
(5) Actions taken by the division and department since the last program report to discourage and decrease trespass of off-highway motor vehicles on private property.
(6) Other relevant program-related environmental issues that have arisen at state vehicular recreation areas since the last program report, including, but not limited to, actions undertaken to ensure compliance with federal and state Endangered Species Acts, local air quality laws and regulations, federal Clean Water Act and regional water board regulations, or permits.
(7) For reports submitted after January 1, 2030, the efficacy of the California Off-Highway Motor Vehicle Safety and Stewardship Program
described in Chapter 9 (commencing with Section 38610) of Division 16.5 of the Vehicle Code.
(i) Make other recommendations to the deputy director regarding the off-highway motor vehicle recreation program.
SEC. 3.
Chapter 9 (commencing with Section 38610) is added to Division 16.5 of the Vehicle Code, to read: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.
