38390.  No person shall operate or maintain in a condition of
readiness for operation any off-highway motor vehicle which is
required to be equipped with a motor vehicle pollution control device
under Part 5 (commencing with Section 43000) of Division 26 of the
Health and Safety Code or with any other certified motor vehicle
pollution control device required by any other state law or any rule
or regulation adopted pursuant to such law, or required to be
equipped with a motor vehicle pollution control device pursuant to
the Clean Air Act (42 U.S.C. 1857 et seq.) and the standards and
regulations promulgated thereunder, unless it is equipped with the
required motor vehicle pollution control device which is correctly
installed and in operating condition.  No person shall disconnect,
modify, or alter any such required device.  Notwithstanding Section
43107 of the Health and Safety Code, this section shall apply only to
off-highway motor vehicles of the 1978 or later model year.



38391.  No person shall install, sell, offer for sale, or advertise
any device, apparatus, or mechanism intended for use with, or as a
part of, any required off-highway motor vehicle pollution control
device or system which alters or modifies the original design or
performance of any such motor vehicle pollution control device or
system.



38392.  When the court finds that a person has willfully violated
any provision of this article, such person shall be fined the maximum
amount that may be imposed for such an offense, and no part of the
fine may be suspended.
   "Willfully", as used in this section, has the same meaning as the
meaning of that word prescribed in Section 7 of the Penal Code.



38393.  No person shall operate an off-highway motor vehicle after
notice by a traffic officer or other authorized public officer that
such vehicle is not equipped with the required certified motor
vehicle pollution control device correctly installed in operating
condition, except as may be necessary to return the vehicle to the
residence or place of business of the owner or driver or to a garage,
until the vehicle has been properly equipped with such a device.



38394.  The notice to appear issued or complaint filed for a
violation of any provision of this article shall require that the
person to whom the notice to appear is issued or against whom the
complaint is filed produce proof of correction pursuant to Section
40150.



38395.  This article shall not apply to an alteration, modification,
or modifying device, apparatus, or mechanism found by resolution of
the State Air Resources Board either:
   (a) To not reduce the effectiveness of any required off-highway
motor vehicle pollution control device; or
   (b) To result in emissions from any such modified or altered
off-highway vehicle which are at levels which comply with existing
state or federal standards for that model year of the vehicle being
modified or converted.



38396.  The provisions of this article apply to off-highway motor
vehicles of the United States or its agencies, to the extent
authorized by federal law.


38397.  Except as provided in Section 38390, this article shall be
applicable to all off-highway motor vehicles, whether or not subject
to identification pursuant to this division and without limitation by
the exceptions contained in Section 38001, and to all off-highway
motor vehicles operated or maintained in a condition of readiness for
operation on private or public property.