BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1229|
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THIRD READING
Bill No: SB 1229
Author: Denham (R). et al
Amended: 4/13/10
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 4/20/10
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Kehoe,
Oropeza, Pavley, Simitian
NO VOTE RECORDED: Harman
SUBJECT : Implements of husbandry: all-terrain vehicles
SOURCE : Author
DIGEST : This bill adds all-terrain vehicles to the list
of vehicles that state law classifies as implements of
husbandry and which may therefore be driven incidentally on
public roads.
ANALYSIS : A person may not drive a motor vehicle on any
street, road, or highway open to the public (highway)
unless the vehicle is registered with the Department of
Motor Vehicles (DMV).
Existing law prohibits the operator of an off-highway motor
vehicle (OHV) from driving the OHV upon any highway, except
to cross a highway or when a highway is closed due to snow.
OHVs include several types of vehicles not designed or
intended for highway use, including dune buggies, certain
motor bikes, snowmobiles, and all-terrain vehicles (ATVs).
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Existing law defines an ATV as a vehicle that is used
exclusively off of the highway and that:
1. Was designed to operate off-road.
2. Is 50 inches or less in width.
3. Has an unladen weight of 900 pounds or less.
4. Is suspended on three or more low-pressure, rubber
tires.
5. Has one or two seats, including a seat designed for the
operator to straddle.
6. Has handlebars for steering.
Existing law exempts from registration with DMV an
implement of husbandry that is only incidentally operated
or moved over a highway. State law further exempts
implements of husbandry from various equipment
requirements, including requirements to have a windshield,
windshield wipers, and specified lighting. In general, the
operator of an implement of husbandry need not have a
driver's license.
Existing law defines an implement of husbandry as a vehicle
used exclusively in the conduct of agricultural operations
that was not designed primarily to transport persons or
property upon a highway. Existing law enumerates an
illustrative list of implements of husbandry that includes:
1. Any vehicle operated on a highway only for the purpose
of transporting agricultural products provided in no
event it is operated along a highway for a total
distance greater than one mile from the point of origin
of the trip.
2. A wagon or portable house on wheels used solely by
shepherds as a permanent residence in connection with
sheep raising operations moved from one part of the
ranch to another or from ranch to ranch that is only
incidentally moved on a highway.
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3. Any farm tractor, cotton module mover, automatic bale
wagon, or portable honey-extracting trailer.
This bill adds ATVs used in agricultural operations to the
illustrative list of implements of husbandry enumerated in
existing law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/21/10)
California Farm Bureau
Western Growers
OPPOSITION : (Verified 4/21/10)
Teamesters
ARGUMENTS IN SUPPORT : The author's office notes that
farmers and ranchers often use ATVs to manage day-to-day
operations over many tracts of land in a safe, effective
manner. These vehicles are designed specifically for
off-road use and make the job much easier. ATVs can easily
travel where highway vehicles cannot due to their size and
off road capabilities, but public roads sometimes separate
agricultural tracts of land that are farmed or ranched as
part of a single operation. In the course of farm and
ranch operations it then becomes necessary to use those
roads to access the next property while riding an ATV.
ARGUMENTS IN OPPOSITION : The Teamsters oppose this bill,
because that union considers the operation of off-highway
vehicles on public highways a risk to public safety.
JJA:do 4/21/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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