38500.  The Off-Highway Vehicle Safety Education Committee is hereby
established.  The committee consists of the Commissioner of the
California Highway Patrol, the Deputy Director of Parks and
Recreation for Off-Highway Vehicles, the Director of Motor Vehicles,
or their designees, and a member of the Off-Highway Motor Vehicle
Recreation Commission appointed by the members of the commission.
The committee shall receive staff assistance in its operations from
the Off-Highway Motor Vehicle Recreation Division in the Department
of Parks and Recreation.


38500.1.  The Off-Highway Vehicle Safety Education Committee shall
meet periodically to perform all of the following:
   (a) Develop minimum criteria for certification as an approved
all-terrain vehicle safety training organization.  The criteria shall
include, but not be limited to, the following:
   (1) Curriculum and materials for training instructors to teach
all-terrain vehicle operation and safety.
   (2) Curriculum and materials for training all-terrain vehicle
safety.
   (3) Curriculum for teaching responsible use of off-highway
vehicles with respect to environmental considerations, private
property restrictions, off-highway vehicle operating laws, including
noise and spark arrestor laws, and prohibitions against operating
off-highway vehicles under the influence of alcohol or drugs.
   (4) Record keeping and insurance requirements to satisfy the
requirements of Sections 11103.1 and 11108.
   (b) Upon presentation to the committee of a proposed program by an
applicant to become an approved all-terrain vehicle safety training
organization, the committee shall determine whether the applicant's
program meets the minimum criteria  and, if approved, shall recommend
the organization for licensing pursuant to Section 11105.6.



38501.  (a) An all-terrain vehicle safety training organization,
commencing on January 1, 1989, shall issue an all-terrain vehicle
safety certificate furnished by the department to any individual who
successfully completes a course of instruction in all-terrain vehicle
operation and safety as approved and certified by the Off-highway
Vehicle Safety Education Committee.
   (b) The department shall charge a fee not to exceed three dollars
($3) for each all-terrain vehicle safety certificate issued by an
all-terrain vehicle safety training organization to each person
completing a course of instruction from an all-terrain vehicle safety
instructor using the approved course of instruction of the
all-terrain vehicle safety training organization. The amount of the
fee shall be determined by the department and shall be sufficient to
defray the actual costs incurred by the department for administering
and monitoring this program.
   (c) An all-terrain vehicle safety training organization shall not
charge a fee in excess of the fee charged by the department pursuant
to subdivision (b) for furnishing an all-terrain vehicle safety
certificate.  An organization may charge a fee not to exceed three
dollars ($3) in addition to the fee charged by the department for the
issuance of a duplicate certificate and shall provide a duplicate
certificate if requested by the person who completed the course.



38502.  The department, on and after July 1, 1988, may monitor any
all-terrain vehicle safety training organization or any all-terrain
vehicle safety instructor without advance notice.  The monitoring may
include, but is not limited to, the instruction provided, business
practices, and records required by Section 11108.




38503.  No person under the age of 18 years, on and after January 1,
1990, shall operate an all-terrain vehicle on public lands of this
state unless the person satisfies one of the following conditions:
   (a) The person is taking a prescribed safety training course under
the direct supervision of a certified all-terrain vehicle safety
instructor.
   (b) The person is under the direct supervision of an adult who has
in their possession an appropriate safety certificate issued by this
state, or issued under the authority of another state.
   (c) The person has in possession an appropriate safety certificate
issued by this state or issued under the authority of another state.



38504.  No person under 14 years of age, on and after January 1,
1990, shall operate an all-terrain vehicle on public lands of this
state unless the person satisfies one of the conditions set forth in
Section 38503 and, in addition, is accompanied by and under the
direct supervision of a parent or guardian or is accompanied by and
under the direct supervision of an adult who is authorized by the
parent or guardian.



38505.  No person, on and after January 1, 1989, shall operate,
ride, or be otherwise propelled on an all-terrain vehicle on public
lands unless the person wears a safety helmet meeting requirements
established for motorcycles and motorized bicycles, pursuant to
Section 27802.



38506.  No operator of an all-terrain vehicle, on and after January
1, 1990, shall carry a passenger when operating on public lands.