38365. (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.
(b) 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.
38366. (a) Notwithstanding Section 4442 of the Public Resources
Code, and except for vehicles with mufflers as provided in Article 2
(commencing with Section 27150) of Chapter 5 of Division 12, no
person shall use, operate, or allow to be used or operated, any
off-highway motor vehicle, as defined in Section 38006, on any
forest-covered land, brush-covered land, or grass-covered land unless
the vehicle is equipped with a spark arrester maintained in
effective working order.
(b) A spark arrester affixed to the exhaust system of a vehicle
subject to this section shall not be placed or mounted in such a
manner as to allow flames or heat from the exhaust system to ignite
any flammable material.
(c) A spark arrester is a device constructed of nonflammable
materials specifically for the purpose of removing and retaining
carbon and other flammable particles over 0.0232 of an inch in size
from the exhaust flow of an internal combustion engine or which is
qualified and rated by the United States Forest Service.
(d) Subdivision (a) shall not be applicable to vehicles being
operated off the highway in an organized racing or competitive event
upon a closed course, which is conducted under the auspices of a
recognized sanctioning body and by permit issued by the fire
protection authority having jurisdiction.
38370. (a) The Department of Motor Vehicles shall not identify any
new off-highway motor vehicle, which is subject to identification and
which produces a maximum noise level that exceeds the following
noise limit, at a distance of 50 feet from the centerline of travel,
under test procedures established by the Department of the California
Highway Patrol.
(1) Any such vehicle manufactured before January 1,
1973 ............................................ 92 dbA
(2) Any such vehicle manufactured on or after
January 1, 1973, and before January 1, 1975 ..... 88 dbA
(3) Any such vehicle manufactured on or after
January 1, 1975, and before January 1, 1986 ..... 86 dbA
(4) Any such vehicle manufactured on or after
January 1, 1986 ................................. 82 dbA
(b) The department may accept a dealer's certificate as proof of
compliance with this section.
(c) Test procedures for compliance with this section shall be
established by the Department of the California Highway Patrol,
taking into consideration the test procedures of the Society of
Automotive Engineers.
(d) No person shall sell or offer for sale any new off-highway
motor vehicle which is subject to identification and which produces a
maximum noise level that exceeds the noise limits in subdivision
(a), and for which noise emission standards or regulations have not
been adopted by the Administrator of the Environmental Protection
Agency pursuant to the Federal Noise Control Act of 1972 (P.L.
92-574).
(e) No person shall sell or offer for sale any new off-highway
motor vehicle which is subject to identification and which produces a
noise level that exceeds, or in any way violates, the noise emission
standards or regulations adopted for such a motor vehicle by the
Administrator of the Environmental Protection Agency pursuant to the
Federal Noise Control Act of 1972 (P.L. 92-574).
(f) As used in this section, the term "identify" is equivalent to
the term "licensing" as used in Section 6(e)(2) of the Federal Noise
Control Act of 1972 (P.L. 92-574).
(g) Any off-highway motor vehicle, when operating pursuant to
Section 38001, shall at all times be equipped with a silencer, or
other device, which limits noise emissions to not more than 101 dbA
if manufactured on or after January 1, 1975, or 105 dbA if
manufactured before January 1, 1975, when measured from a distance of
20 inches using test procedures established by the Society of
Automotive Engineers under Standard J-1287. This subdivision shall
only be operative until January 1, 2003.
(h) On and after January 1, 2003, off-highway motor vehicles, when
operating pursuant to Section 38001, shall at all times be equipped
with a silencer, or other device, which limits noise emissions.
(1) Noise emissions of competition off-highway vehicles
manufactured on or after January 1, 1998, shall be limited to not
more than 96 dbA, and if manufactured prior to January 1, 1998, to
not more than 101 dbA, when measured from a distance of 20 inches
using test procedures established by the Society of Automotive
Engineers under Standard J-1287, as applicable. Noise emissions of
all other off-highway vehicles shall be limited to not more than 96
dbA if manufactured on or after January 1, 1986, and not more than
101 dbA if manufactured prior to January 1, 1986, when measured from
a distance of 20 inches using test procedures established by the
Society of Automotive Engineers under Standard J-1287, as applicable.
(2) The Off-Highway Motor Vehicle Recreation Division of the
Department of Parks and Recreation shall evaluate and reassess the
dates specified in paragraph (1) and include the findings and
recommendations in the noise report required in subdivision (o) of
Section 5090.32 of the Public Resources Code.
(i) Off-highway vehicle manufacturers or their agents prior to the
sale to the general public in California of any new off-highway
vehicle model manufactured after January 1, 2003, shall provide to
the Off-Highway Motor Vehicle Recreation Division of the California
Department of Parks and Recreation rpm data needed to conduct the
J-1287 test, where applicable.
38380. (a) Because of specialized conditions such as fire hazard,
public safety or other circumstances, any local authority, or state
or federal agencies having control over public lands may require that
vehicles being operated off highway be equipped with additional
equipment.
(b) When such additional equipment is required in a specific
location, the governmental agency having jurisdiction over that
location shall insure that such regulations are posted in a manner
that operators of off-highway motor vehicles using those locations
will be aware of the special requirements.
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