Existing law regulates the operation of recreational off-highway motor vehicles on lands, other than a highway, that are open and accessible to the public. Existing law generally prohibits a motor vehicle from being driven upon a highway unless it is registered. However, existing law authorizes off-highway motor vehicles that are issued identification plates or devices to cross highways in certain situations, including, among others, a peace officer operating an off-highway motor vehicle in an emergency response situation.

This bill would expand the above-described provision to additionally authorize first responders, as defined, to operate off-highway motor vehicles in an emergency response situation. The bill would also authorize peace officers and first responders to operate off-highway motor vehicles upon a highway, at a distance not to exceed 5 miles, for the purpose of accessing off-highway recreational areas or locations of patrol, within jurisdictions that have adopted a policy or plan for the operation of those off-highway motor vehicles pursuant to the provisions described below. The bill would require peace officers and first responders operating off-highway motor vehicles pursuant to these provisions to comply with the terms and requirements of the policy or plan adopted by the applicable local authority.

Existing law prohibits a local authority from enacting or enforcing an ordinance on matters covered by the Vehicle Code unless expressly authorized by the Vehicle Code. Existing law authorizes local authorities to adopt rules and regulations by ordinance or resolution regarding specified matters.

This bill would authorize a local authority to regulate the operation of off-highway motor vehicles subject to identification by peace officers and first responders upon highways within the local authority’s jurisdiction while performing official duties subject to specified requirements. Among those requirements, the bill would require a local authority, after public review, to adopt a policy or plan for the operation of off-highway motor vehicles by peace officers and first responders while performing official duties and to make the policy or plan available to the public on its internet website. The bill would also require the policy or plan to include, among other things, a requirement that off-highway motor vehicles may only be operated upon a highway for up to 5 miles for the purpose of accessing an off-highway recreational area or a location of patrol.