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Section 38026.1 Of Article 1. Motor Vehicles Subject To Identification From California Vehicle Code >> Division 16.5. >> Chapter 2. >> Article 1.
38026.1
. (a) Except as provided in subdivision (e), the County of
Inyo may establish a pilot project to designate combined-use highways
on unincorporated county roads in the county for no more than 10
miles so that the combined-use highways can be used to link existing
off-highway motor vehicle trails and trailheads on federal Bureau of
Land Management or United States Forest Service lands, and to link
off-highway motor vehicle recreational-use areas with necessary
service and lodging facilities, in order to provide a unified system
of trails for off-highway motor vehicles, preserve traffic safety,
improve natural resource protection, reduce off-highway vehicle
trespass on private land, and minimize impacts on county residents.
(b) The pilot project shall do all of the following:
(1) Prescribe a procedure for highway, road, or route selection and designation. The procedure shall be approved by a vote of a majority of the Inyo County Board of Supervisors.
(2) Prescribe a procedure for the county to remove a combined-use designation, including a designation that is removed as a result of the conclusion of the pilot program.
(3) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, the following:
(A) Devices to warn of dangerous conditions, obstacles, or hazards.
(B) Designations of the right-of-way for regular vehicular traffic and off-highway motor vehicles.
(C) A description of the nature and destination of the off-highway motor vehicle trail.
(D) Warning signs for pedestrians and motorists of the presence of off-highway motor vehicle traffic.
(4) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers' licensing, helmet usage, and the requirements pursuant to Section 38026.5.
(5) Prohibit off-highway motor vehicles from traveling faster than 35 miles per hour on highways designated under this section.
(6) Include an opportunity for public comment at a public hearing held by the county in order to evaluate the pilot project.
(c) The pilot project may include use of a state highway, subject to the approval of the Department of Transportation, or any crossing of a highway designated pursuant to Section 38025.
(d) (1) By selecting and designating a highway for combined use pursuant to this section, the County of Inyo agrees to defend and indemnify the state against any and all claims, including legal defense and liability arising from a claim, for any safety-related losses or injuries arising or resulting from use by off-highway motor vehicles of a highway designated as a combined-use highway by the Inyo County Board of Supervisors pursuant to this section.
(2) This subdivision does not alter the requirements of subdivision (e).
(e) The County of Inyo shall not designate a highway for combined use pursuant to this section unless the Commissioner of the Department of the California Highway Patrol finds that designating the highway for combined use would not create a potential traffic safety hazard.
(f) Not later than January 1, 2016, the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, shall prepare and submit to the Legislature a report evaluating the pilot project, and containing both of the following:
(1) A description of the road segments designated to allow combined use for over three miles, as approved or adopted by a majority vote of the members of the Inyo County Board of Supervisors.
(2) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows, safety, off-highway vehicle usage on existing trails, incursions into areas not designated for off-highway vehicle usage, and nonmotorized recreation.
(3) A description of the public comments received at a public hearing held by the county in regards to an evaluation of the pilot project.
(g) (1) A report submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.
(2) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
(b) The pilot project shall do all of the following:
(1) Prescribe a procedure for highway, road, or route selection and designation. The procedure shall be approved by a vote of a majority of the Inyo County Board of Supervisors.
(2) Prescribe a procedure for the county to remove a combined-use designation, including a designation that is removed as a result of the conclusion of the pilot program.
(3) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, the following:
(A) Devices to warn of dangerous conditions, obstacles, or hazards.
(B) Designations of the right-of-way for regular vehicular traffic and off-highway motor vehicles.
(C) A description of the nature and destination of the off-highway motor vehicle trail.
(D) Warning signs for pedestrians and motorists of the presence of off-highway motor vehicle traffic.
(4) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers' licensing, helmet usage, and the requirements pursuant to Section 38026.5.
(5) Prohibit off-highway motor vehicles from traveling faster than 35 miles per hour on highways designated under this section.
(6) Include an opportunity for public comment at a public hearing held by the county in order to evaluate the pilot project.
(c) The pilot project may include use of a state highway, subject to the approval of the Department of Transportation, or any crossing of a highway designated pursuant to Section 38025.
(d) (1) By selecting and designating a highway for combined use pursuant to this section, the County of Inyo agrees to defend and indemnify the state against any and all claims, including legal defense and liability arising from a claim, for any safety-related losses or injuries arising or resulting from use by off-highway motor vehicles of a highway designated as a combined-use highway by the Inyo County Board of Supervisors pursuant to this section.
(2) This subdivision does not alter the requirements of subdivision (e).
(e) The County of Inyo shall not designate a highway for combined use pursuant to this section unless the Commissioner of the Department of the California Highway Patrol finds that designating the highway for combined use would not create a potential traffic safety hazard.
(f) Not later than January 1, 2016, the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, shall prepare and submit to the Legislature a report evaluating the pilot project, and containing both of the following:
(1) A description of the road segments designated to allow combined use for over three miles, as approved or adopted by a majority vote of the members of the Inyo County Board of Supervisors.
(2) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows, safety, off-highway vehicle usage on existing trails, incursions into areas not designated for off-highway vehicle usage, and nonmotorized recreation.
(3) A description of the public comments received at a public hearing held by the county in regards to an evaluation of the pilot project.
(g) (1) A report submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.
(2) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
