The plot has thickened in the ongoing saga of California OHV registrations following the sundowning of the Red Sticker program. A bulletin issued from the Off-Highway Motor Vehicle Recreation Division of California State Parks on December 19, 2024 (Information Bulletin 24-3) stated that despite the 2019 sundowning of the Red Sticker program, “DMV (Department of Motor Vehicles) continues to issue Red Sticker registrations for model year 2022 and newer.” The bulletin goes on to issue updated guidance to its law enforcement officers, stating, “Until further notice, law enforcement shall treat all off-highway motor vehicles with current Red Sticker registration as valid regardless of model year, so long as the registration matches the VIN.”
What does this mean for us? That’s the big question.
BACKSTORY
In 2019, the California Air Resources Board (CARB) did away with the entire Red Sticker program, which allowed emissions non-compliant OHVs (dirt bikes and quads) a competition exemption to operate on public lands. Emissions-compliant vehicles received a Green Sticker, while non-compliant vehicles, sold as competition models designated for use on closed courses only (motocross tracks, private property, sanctioned race events) received a Red Sticker. The expectation from CARB was that only racers would buy the non-emissions-compliant vehicles, and everyone else would ride the Green Sticker bikes on public lands. Long story short, they realized years later that many enthusiasts continued riding Red Sticker bikes on public lands and that the Red/Green Sticker seasonal designations did very little to encourage people to ride Green Sticker bikes on the trails.
In 2019, CARB made the decision to pull the plug on the entire Red Sticker Program, effective for model year 2022 and forward, meaning that you either got a DMV Green Sticker registration for your emissions-compliant OHV, or you got nothing at all. Red Sticker bikes, such as motocross bikes, cross-country bikes and even several modern youth trail bikes, were no longer to receive any sort of DMV title or registration.
THE GRAY AREA
The new CARB regulation took effect when model year 2022 OHVs began to roll out in the summer of 2021, and much confusion ensued both at the dealer level and the DMV itself. In subsequent years, some dealerships abided by the new rules, making it clear to their customers that registration was not available for competition models, while other dealerships continued to title and register them the same way they’d been doing for years. It seemed that depending on which dealership you went to, and which DMV they went through, Red Stickers were still arriving in customers’ mailboxes.
As word spread of more people still receiving Red Stickers, customers’ expectations only increased, putting pressure on dealers to reconsider their procedures. If they couldn’t or wouldn’t register a dirt bike for a customer, that customer might leave and find a dealership that will. California OHV sales have been hovering in this gray area in recent years, with many people still receiving Red Stickers, some receiving Green Stickers for non-compliant bikes, some receiving a title only, some receiving an MSO only. The mess that ensued has grown for over three years and is apparently now affecting procedure on the law enforcement end.
OHMVR BULLETIN EXPLAINED
OHMVR Division is the Cal Parks department that manages State Vehicular Recreation Areas (SVRAs)—your friendly neighborhood rangers patrolling places such as Ocotillo Wells, Hollister Hills and Hungry Valley. It seems that the mishmash of newer non-emissions-compliant competition OHVs with DMV-issued registration stickers showing up to ride in California State Parks is causing headaches at the law enforcement level, enough so that it prompted the OHMVR Division to issue the aforementioned bulletin, stating that law enforcement agencies are to treat all of these stickers as valid, whether they are in compliance with the updated CARB regulation or not.
For the end user, this is good news. It means that if you got a sticker, you can keep your sticker. Regardless of your dirt bike’s emissions rating or model year, no one is going to take it away from you. The same bulletin goes on to state a reminder of the end of Red Sticker seasons, which was part of the original Red Sticker sundowning plan. In a “Guidance for Owners” section of the bulletin, it reads, “Beginning January 1, 2025, Red Sticker and Green Sticker registration are equally valid year-round in all public areas designated for OHV recreation,” meaning state SVRAs as well as federal BLM land. This is more good news for those who recently obtained a Red Sticker, since it’s now as good as a Green Sticker.
When reached for comment, the OHMVR Communications division offered the following clarification: “This bulletin serves to provide clarity for all law enforcement agencies across California that participate in OHV enforcement. The OHMVR Division is not advising law enforcement to disregard restrictions. Rather, the bulletin is stating that if the DMV issues valid OHV identification, the vehicle is permitted to operate on public lands designated for OHV recreation.”
SO NOW WHAT?
The cat is now out of the bag, as the OHMVR bulletin serves as an official recognition (the communication was acknowledged and approved by both DMV and CARB before it was published) that the updated CARB regulation is not working as intended. It is not yet clear what will happen next, or whether the next move will be from the DMV or from CARB in order to rectify the situation. But we can rest assured that this issue will be addressed at some level, and at some point. As history shows, the California Air Resources Board does not take kindly to being ignored. But when and how they will take action is anyone’s guess at this point.
The OHMVR bulletin has been a point of discussion for OEMs and California dealers, and whether or not this clears the way for registering non-emissions-compliant OHVs. What does this mean at the sales level? Is this a green light? Now that law enforcement has officially recognized that Red Sticker registrations are still being issued and they don’t plan to pursue any action against consumers, does this also mean no action will be pursued against dealers? Now that the finger is squarely pointed at the bureaucratic misfire between DMV and CARB (again, both parties acknowledged and signed off on the OHMVR bulletin), does this potentially absolve dealers of liability?
At this point, most OEMs are leaving those questions to the dealers to answer on their own. The same goes for powersports advocates, who also report having been contacted by dealers seeking advice on the topic. The OHMVR Division itself also offered that it “is not providing guidance to OHV dealers on how to proceed with registration for model year 2022 and newer non-CARB-compliant OHVs. CARB’s executive order still stands.”
WHAT DEALERS ARE SAYING
This entire issue once again puts dealers in a pickle. It’s up to them to interpret this bulletin and what it means for their business. Reaching out to several dealerships has produced several different answers. Among those who were familiar with the bulletin (some were not and had no idea what I was talking about), some do think it’s a green light and have said they plan to sell all new models with title and registration. Some have said they will proceed with caution on a case-by-case basis, and in some instances, offer customers a title only. A customer can then go to a title company to seek DMV registration on their own. Other dealers have said that this changes nothing. Regardless of what law enforcement plans to do (or not do), the letter of the regulation issued by CARB has not changed, and therefore they will still issue MSO only to emissions non-compliant OHVs.
California dealers find themselves treading open water, but there is a shark lurking below. Liability remains a sizeable threat. As we have seen, the California Air Resources Board can and will lash out with massive fines for any party it feels has violated emissions policies. With its singular authority and without any oversight, there is no way to appeal fines and no legal recourse whatsoever. The long arm of CARB has been felt by many dealerships, manufacturers and aftermarket companies through the years. Whether or not the OHMVR bulletin is a level of protection from liability is up for interpretation.
“We’re too big. We can’t take the chance,” one dealer stated, going on to reveal that they’ve been stung by fines in the past and don’t plan to risk anything.
Others feel that their hand is being forced, since they stand to lose business unless they yield to consumer demand, which is only rising after the OHMVR bulletin. “What are we supposed to do?” said one dealer, who had previously refrained from selling bikes with Red Sticker registration. “Do we struggle, or potentially go out of business? Or do we roll the dice?”
For California dealers, the bulletin raises more questions than it answers, and it is hard to predict what will happen next. The recent federal administration change is also likely to reset priorities for the bureaucracies involved, and where this issue falls in the scope of importance remains to be seen. Until more is revealed, resources are below for those seeking more information.
For questions or further clarification from OHMVR, contact Superintendent Jack Gorman, Assistant Chief, Off-Highway Motor Vehicle Recreation Division, at 661/449-7858.
VIDEO | California Red Sticker Update
OHMVR Says All OHV Red Stickers Valid, Regardless of Model Year?
For questions about California DMV processes, reach out to DMV at dmvpublicaffairs@dmv.ca.gov. The California Air Resources Board can be contacted at comms@arb.ca.gov.
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