OHRV Amendments 

Second 15-day Notice 

May 2, 2007 

APPENDIX I 

STAFF’S PROPOSED MODIFICATIONS TO THE PROPOSED 

REGULATION ORDER 

Title 13 California Code of Regulations 
OHRV Amendments 

Second 15-day Notice 

May 2, 2007 

I-2

Staff’s Proposed Modifications to the Proposed Regulation Order 

CALIFORNIA REGULATION FOR NEW 1997 AND LATER OFF-HIGHWAY 

RECREATIONAL VEHICLES AND ENGINES 

NOTE: The following text shows the additional modifications to the previously 

proposed regulatory text. Unless otherwise indicated below, the 

originally proposed new provisions are shown in plain text, the proposed 

modifications made available for public comment on March 29, 2007, are 

shown in underline to indicate additions and strikeout to show deletions. 

The second set of modifications now being made available for public 

comment is shown in double underline to indicate additions and bold 

italicized strikethrough to indicate deletions. Only comments relating 

to the modifications described in this second notice will be considered by 

the Executive Officer. The symbol “* * * * *” indicates that the 

text that immediately follows the symbols remains unchanged from the 

previous proposed regulation order. 

Amend section 2411, title 13, California Code of Regulations, to read as follows: 

§ 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: 

* * * * * 

(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 not exceeding 600 pounds, 

having an internal combustion engine with a displacement less than or equal to 

one liter, and is capable of speeds 25 miles per hour or more. 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.

* * * * * 

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health 

and Safety Code. 
OHRV Amendments 

Second 15-day Notice 

May 2, 2007 

I-3

Reference: Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 

43106, 43107, and 43204-43205.5, Health and Safety Code. 

Comment: The modified text in section 2411(a)(17) is a technical modification 

that more accurately describes the payload capacity of these new types of 

off-road recreational vehicles. This change reflects the Board’s intent to include 

this vehicle into California’s off-highway recreational vehicle regulation. It is also 

consistent with the information received in the first 15-day public comment 

period. 

Amend section 2112, title 13, California Code of Regulations, to read as follows: 

§ 2412. Emission Standards and Test Procedures – New Off-Highway 

Recreational Vehicles and Engines. 

(b) 

* * * * * 

(2) Evaporative Emissions. With the exception of vehicles certified solely with 

compression-ignition engines, Eevaporative emissions must not exceed: 

Evaporative Emissions 

Vehicle & Model Year Emission 

Component

Permeation 

Standard

Test 

Temperature

Fuel Tank 

Permeation 

ALL Off-Highway 1.5 28 °C (82 °F) 

Recreational Vehicles

2008 and Later 

g/m2/day(1)

Hose Permeation 15.0 23 °C (73 °F) 

1. Grams per square meter per day. 

* * * * * 

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, and 43107, Health 

and Safety Code. 

Reference: Sections 43013, 43018, 43102, 43104 and 43107, Health and Safety 

Code. 

Comment: The modified text in section 2412(b)(2) is intended to clarify that 

compression-ignition off-highway recreational vehicles are not subject to the 

evaporative emission standards contained in this regulation. There was no intent 

in the staff’s original proposal to expand the California’s OHRV evaporative 

emission requirements beyond those contained in the federal rule. This change 

is consistent with the information received in the first 15-day public comment 

period.