Section 38026 Of Article 1. Motor Vehicles Subject To Identification From California Vehicle Code >> Division 16.5. >> Chapter 2. >> Article 1.
38026
. (a) In addition to Section 38025 and after complying with
subdivision (c) of this section, if a local authority, an agency of
the federal government, or the Director of Parks and Recreation finds
that a highway, or a portion of a highway, under the jurisdiction of
the authority, agency, or the director, as the case may be, is
located in a manner that provides a connecting link between
off-highway motor vehicle trail segments, between an off-highway
motor vehicle recreational use area and necessary service facilities,
or between lodging facilities and an off-highway motor vehicle
recreational facility and if it is found that the highway is designed
and constructed so as to safely permit the use of regular vehicular
traffic and also the driving of off-highway motor vehicles on that
highway, the local authority, by resolution or ordinance, agency of
the federal government, or the Director of Parks and Recreation, as
the case may be, may designate that highway, or a portion of a
highway, for combined use and shall prescribe rules and regulations
therefor. A highway, or portion of a highway, shall not be so
designated for a distance of more than three miles, except as
provided in Section 38026.1. A freeway shall not be designated under
this section.
(b) The Off-Highway Motor Vehicle Recreation Commission may
propose highway segments for consideration by local authorities, an
agency of the federal government, or the Director of Parks and
Recreation for combined use.
(c) Prior to designating a highway or portion of a highway on the
motion of the local authority, an agency of the federal government,
or the Director of Parks and Recreation, or as a recommendation of
the Off-Highway Motor Vehicle Recreation Commission, a local
authority, an agency of the federal government, or the Director of
Parks and Recreation shall notify the Commissioner of the California
Highway Patrol, and shall not designate any segment pursuant to
subdivision (a) which, in the opinion of the commissioner, would
create a potential traffic safety hazard.
(d) (1) A designation of a highway, or a portion of a highway,
under subdivision (a) shall become effective upon the erection of
appropriate signs of a type approved by the Department of
Transportation on and along the highway, or portion of the highway.
(2) The cost of the signs shall be reimbursed from the Off-Highway
Vehicle Trust Fund, when appropriated by the Legislature, or by
expenditure of funds from a grant or cooperative agreement made
pursuant to Section 5090.50 of the Public Resources Code.