PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CALIFORNIA 

REGULATIONS FOR NEW 1997 AND LATER OFF-HIGHWAY 

RECREATIONAL VEHICLES AND ENGINES 

Staff’s Suggested Modifications to the Original Proposal

PRESENTED AT THE JULY 20, 2006 HEARING 

 OF THE AIR RESOURCES BOARD 

Based on comments received since issuance of the Staff Report: Initial 

Statement of Reasons, staff recommends the following modifications to the 

original proposal: 

• Consolidate the definitions of Class I and Class II all-terrain vehicles 

(ATVs) into a single ATV definition. 

• Replace the definition of Class III ATV with a definition for “off-road utility 

vehicles.” 

• Add a definition of “off-road sport vehicle,” which would be a vehicle 

similar to a utility vehicle, but with less cargo carrying capacity and without 

the power cap of 30 kilowatts. Both of these categories would be subject 

to standards of equivalent stringency to the standards that currently apply 

to the vehicles in the two categories. 

• Add a definition of “sand car.” 

• Sand cars with engines less than or equal to one liter will have exhaust 

standards equivalent to those for off-road “sport” and “utility” vehicles, and 

will have the option to certify with either the “chassis test” or the 

“engine-only test.” 

• Sand cars with engines greater than one liter will be subject to the same 

standards and test procedures currently required by U.S. EPA. 

• Amend the proposed riding season for Heber Dunes and add the Sirretta 

OHV Trail. 

• Add language to the test procedures to clarify the evaporative 

requirements. 

Staff will continue to meet with industry after the Board Hearing to discuss these 

amendments and other related matters. The proposed language that follows 

could be refined if appropriate during these subsequent discussions. 

Set forth below are the proposed modified definitions compared to those in 

original proposal, and suggested substitute exhaust emission standards tables. 

Comparable modifications would be included in the “California Exhaust 

Emissions Standards and Test Procedures for 1997 and Later Off-Highway 

Recreational Vehicles and Engines.” Modified text reflecting the last two bulleted 

items is also shown. 
2

 

Proposed Modified Definitions for Section 2411, Title 13, California Code of 

Regulations 

(Language to be added by the original proposal is shown in underline to indicate 

additions and strikeout to indicate deletions. Text added by the modifications is 

shown in double underline to indicate additions and double strikeout to indicate 

deletions compared to the original proposal.) 

§ 2411. Definitions.

(a) The definitions in Section 1900(b), Chapter 1, Division 3, Title 13 of the 

California Code of Regulations, apply with the following additions: 

(1)(A) “All-Terrain Vehicle (ATV) Class I” means any motorized

off-highway motor vehicle 50 inches (1270 mm) or less in overall width, 50 inches 

(1270 mm) or less in overall width, that has all of the following features and 

characteristics: designed to travel on four or more low pressure tires, having a 

single seat designed to be straddled by the operator and, or a single seat 

designed to be straddled by the operator and a seat for no more than one 

passenger, having handlebars for steering control, and intended for use by a 

single operator and no passengers. The vehicle is designed to carry not more 

than 350 pounds (160 kg) payload, excluding the operator, and is powered by an 

internal combustion engine. Width shall be exclusive of accessories and optional 

equipment. Width shall be exclusive of accessories and optional equipment. A 

golf cart, off-road sport vehicle, or off-road utility vehicle is not, for purposes of 

this regulation, to be classified as an all-terrain vehicle. 

(B) “All-Terrain Vehicle (ATV) Class II” means any off-highway motor 

vehicle possessing the same features and characteristics as Class I ATVs, but 

having straddle seating for one operator and one passenger.

(C) (18) “All-Terrain Vehicle (ATV) Class IIIOff-Road Utility Vehicle” means 

any off-highway motor vehicle that has all of the following features and 

characteristics: designed to travel on four or more wheels, having bench or 

bucket seating for two or more persons, having a steering wheel for steering 

control, designed for operation over rough terrain, having either a rear payload 

350 pounds or more or seating for six or more passengers, having an internal 

combustion engine with a displacement less than or equal to one liter, having a 

maximum brake power less than or equal to 30 kilowatts, and is capable of 

speeds over 25 miles per hour.

* * * * * 
3

(13) “Off-Highway Recreational Vehicle Engines” or “Engines” are 

identified as: two-stroke or four-stroke, air-cooled, liquid-cooled, gasoline, diesel, 

or alternate-fuel powered engines or electric motors that are designed for 

powering off-road recreational vehicles and engines included in, but not limited to 

use in, the following: off-road motorcycles, all-terrain vehicles, off-road sport 

vehicles, off-road utility vehicles, and golf carts. All engines and equipment that 

fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal 

Clean Air Act, as amended, and as defined by regulation of the Environmental 

Protection Agency, are specifically not included within this category. 

* * * * * 

(17) “Off-Road Sport Vehicle” means any off-highway motor vehicle that 

has all of the following features and characteristics: designed to travel on four 

wheels, having bench or bucket seating for one or more persons, having a 

steering wheel for steering control, designed for operation over rough terrain, 

having a rear payload of less than 350 pounds, having an internal combustion 

engine with a displacement less than or equal to one liter, and is capable of 

speeds over 25 miles per hour. Vehicles otherwise meeting the definition for 

Sand Cars but powered by an engine with a displacement less than or equal to 

one liter are considered off-road sport vehicles.

(19) “Sand Car” means any off-highway motor vehicle that has all of the 

following features and characteristics: designed to travel on four wheels, having 

bench or bucket seating for one or more persons, having a steering wheel for 

steering control, designed primarily for operation over sand dunes, and is 

powered by an internal combustion engine with a displacement greater than one 

liter. Vehicles otherwise meeting the above criteria but with engines equal to or 

less than one liter are considered off-road sport vehicles.

* * * * * 

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, and 

43107, Health and Safety Code. Reference: Sections 43013, 43018, 43101, and 

43107, Health and Safety Code. 
4

Modified Exhaust Emission Standards in Section 2412, title 13, California 

Code of Regulations 

DELETE the proposed single exhaust emissions standards table in 

section 2412(b)(1): 

Emission Standards 

Vehicle & Model Year Hydrocarbon 

(HC)

Oxides 

of 

Nitrogen

(NOx)

Carbon 

Monoxide

(CO)

Particulate 

Matter(1)

Off-Road Motorcycles and All-Terrain 

Vehicles (Class I and Class II) with 

Engines Greater Than 90 cc(3)

 1997 and Later (g/km)(4)

1.2(2) — 15.0 — 

 

Off-Road motorcycles and All Terrain 

Vehicles (Class I and Class II) with 

Engines 90 cc or Less 

 1999 and Later (g/km) 

1.2(2) — 15.0 — 

 

All-Terrain Vehicle (Class I and Class II) 

Option 

 1997 and Later 

Shall comply with exhaust emission 

standards equivalent to the off-road 

motorcycle and all-terrain vehicle standard 

using the utility test procedures set forth in 

CCR, Title 13, section 2403, and the 

incorporated document “California Exhaust 

Emission Standards and Test Procedures for 

1995 and Later-2004 Small Off-Road 

Engines” which is hereby incorporated by 

reference herein.(5)

 

All-Terrain Vehicles (Class III)

 2007 and Later (g/kW-hr)(6)

HC+NOx

12.0 400 —

 

Golf Carts in Federal Ozone 

Non-Attainment Areas 

 1997 and Later 

ZERO ZERO ZERO ZERO 

 
5

Off-Road Motorcycle and All-Terrain 

Vehicle (Class I and Class II) Option: 

1997 and Later Vehicles with 

Engines Greater Than 90 cc, and 

1999 and Later Vehicles with 

Engines 90 cc or Less 

Vehicles and engines that do not meet the 

emissions standards noted above may be 

certified subject to the use restrictions 

described in subsection (f) below. 

1. Applicable to diesel and two-stroke spark ignited engines only. 

2. Compliance with the 1.2 grams per kilometer HC standard to be 

applied as a “corporate average” shall be determined as provided in 

subsection (d). Each engine family shall have only one applicable 

standard. 

3. Cubic centimeter. 

4. Grams per kilometer. 

5. Compliance with the equivalent all-terrain vehicle HC standard to 

be applied as a “corporate average” shall be determined as 

provided in subsection (d). Each engine family shall have only one 

applicable standard. 

6. Grams per kilowatt-hour, as tested using the utility test procedures 

set forth in CCR, Title 13, section 2403, and the incorporated 

document “California Exhaust Emission Standards and Test 

Procedures for 1995-2004 Small Off-Road Engines”.

REPLACE WITH the following two exhaust emissions standards tables: 
6

Exhaust Emission Standards Based on 

Chassis-Based Testing 

Vehicle & Model Year Hydrocarbon 

(HC) 

Oxides of 

Nitrogen 

(NOx)

Carbon 

Monoxide

(CO)

Particulate 

Matter(1)

Off-Road Motorcycles and All-Terrain 

Vehicles with Engines Greater Than 

90 cc(3)

 1997 and Later (g/km)(4)

1.2(2) — 15.0 — 

 

Off-Road motorcycles and All Terrain 

Vehicles with Engines 90 cc or Less 

 1999 and Later (g/km) 

1.2(2) — 15.0 — 

 

Off-Road Motorcycle and All-Terrain 

Vehicle Option: 

1997 and Later Vehicles with 

Engines Greater Than 90 cc, and 

1999 and Later Vehicles with 

Engines 90 cc or Less 

Vehicles and engines that do not meet the 

emissions standards noted above may be 

certified subject to the use restrictions 

described in subsection (f) below. 

 

Off-Road Sport Vehicles 

Off-Road Utility Vehicles 

Sand Cars 

Less than or equal to 1 Liter 

 2007 and Later (g/km) 

1.2(2) — 15.0 — 

 

Sand Cars 

Greater than 1 liter 

 2007 and Later (g/km) 

1.2(2) — 15.0 — 

 

Golf Carts in Federal Ozone 

Non-Attainment Areas 

 1997 and Later 

ZERO ZERO ZERO ZERO 

1. Applicable to diesel and two-stroke spark ignited engines only. 

2. Compliance with the 1.2 grams per kilometer HC standard to be applied 

as a “corporate average” shall be determined as provided in subsection 

(d). Each engine family shall have only one applicable standard. 

3. Cubic centimeter. 

4. Grams per kilometer. 

5. Compliance with the equivalent all-terrain vehicle HC+NOx standard to be 

applied as a “corporate average” shall be determined as provided in 

subsection (d). Each engine family shall have only one applicable 

standard. 
7

Emission Standards Based on 

Optional Engine-Based Testing1 

Vehicle & Model Year Hydrocarbon plus 

Oxides of Nitrogen 

(HC+NOx)

Carbon 

Monoxide

(CO)

Particulate 

Matter(2)

All-Terrain Vehicles 

Less than 225 cc(3) 

 1997 and Later (g/kW-hr)(4) 

16.1(5) 400 — 

 

All Terrain Vehicles 

Greater than or equal to 225 cc 

 1997 and Later (g/kW-hr) 

13.4(5) 400 — 

 

Off-Road Sport Vehicles 

Off-Road Utility Vehicles 

Sand Cars 

Less than or equal to 1 liter 

 2007 and Later (g/kW-hr) 

12.0(5) 400 — 

 

Sand Cars 

Greater than 1 liter 

 2007 and Later (g/kW-hr) 

13.4(5) 400 — 

1. All-Terrain Vehicles, Off-Road Sport and Utility Vehicles, and Sand Cars 

may use the utility test procedures set forth in the “California Exhaust 

Emission Standards and Test Procedures for 2004 Small Off-Road 

Engines,” as incorporated by reference in CCR, title 13, section 2403(d). 

2. Applicable to diesel and two-stroke spark ignited engines only. 

3. Cubic centimeters. 

4. Grams per kilowatt-hour. 

5. Compliance with the equivalent all-terrain vehicle HC standard to be 

applied as a “corporate average” shall be determined as provided in 

subsection (d). Each engine family shall have only one applicable 

standard. 
8

§ 2415. California Off-Highway Vehicle Areas and Riding Seasons for 

Off-Highway Recreational Vehicles with Use Restrictions. 

Public Land Management

Ranger District:

United States Forest Service

Field Office:

Bureau of Land Management Riding Areas Riding Seasons

State Vehicular Recreation Area (SVRA):

California State Parks OHV Area Name Beginning End

SVRA Heber Dunes Year round

Sequoia National Forest Sirretta OHV Trail To be determined

CALIFORNIA EXHAUST EMISSIONS STANDARDS AND TEST 

PROCEDURES FOR 1997 AND LATER OFF-HIGHWAY RECREATIONAL 

VEHICLES AND ENGINES 

* * * * * 

1051.110 What evaporative emission standards must my vehicles meet?

* * * * * 

(a) Beginning with the 2008 model year, permeation emissions from your 

vehicle's fuel tank(s) may not exceed 1.5 grams per square-meter per day when 

measured with the test procedures for tank permeation in subpart F of this part of 

these test procedures. You may generate or use emission credits under the 

averaging, banking, and trading (ABT) program, as described in Subpart H, Part 

1051, Title 40, Code of Federal Regulations, provided the credits and debits are 

from vehicles produced for sale in California. 

* * * * * 

1051.145 What provisions apply only for a limited time?

DELETE subparagraphs (a) through (f) and retain subparagraphs (g) and (h).