BILL ANALYSIS Ó AB 1266 Page 1 ( Without Reference to File ) CONCURRENCE IN SENATE AMENDMENTS AB 1266 (Nielsen and Cook) As Amended August 29, 2012 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: | |(May 19, 2011) |SENATE: |39-0 |(August 31, | | | | | | |2012) | ----------------------------------------------------------------- (vote not relevant) Original Committee Reference: L.GOV . SUMMARY : Delays the effective date of a recently-enacted requirement that Recreational Off-Highway Vehicles (ROHV) passengers must occupy seats provided by the vehicle manufacturer and deletes the requirement that ROHV passengers be able to place both feet flat on the floor board when riding in an ROHV. This bill would take effect immediately as an urgency statute. The Senate amendments : 1)Delete the entire contents of the bill and replace it with provisions related to ROHVs. 2)Add an urgency clause. EXISTING LAW : 1)Defines off-highway vehicles (OHVs) as vehicles such as racing motorcycles, trail bikes, mini bikes, dune buggies, all-terrain vehicles, jeeps, and snowmobiles that are operated exclusively off public roads and highways. 2)Requires the Department of Parks and Recreation to adopt courses, in consultation with the California Department of Highway Patrol (CHP) and other public and private agencies and organizations with regard to OHV safety, operation, and principles of environmental preservation. 3)Establishes certain criteria for all-terrain vehicles (ATVs) including safety training courses and certain age restrictions AB 1266 Page 2 for their operation and use. 4)Requires persons operating ATVs on state lands to wear an approved motorcycle safety helmet. AS PASSED BY THE ASSEMBLY , this bill dealt with topics related to Williamson Act advisory boards. FISCAL EFFECT : Unknown COMMENTS : AB 1595 (Cook), Chapter 165, Statutes of 2012, defined ROHVs as a motor vehicle designed for operation primarily off of the highway and that has a steering wheel, non-straddle seating for the operator and passengers, a maximum speed capability of greater than 30 miles per hour, and an engine displacement equal to or less than 1,000 cubic centimeters. The bill established certain requirements for the operation of ROHVs on public lands, including: 1)An ROHV operator must be at least 16 years old or be directly supervised in the vehicle by a parent, guardian, or adult authorized by a parent or guardian. 2)ROHV operators and passengers must wear safety helmets as well as seatbelts and shoulder belts or safety harnesses that are properly fastened when the vehicle is moving. 3)All passengers must occupy seats provided by the manufacturer. 4)An ROHV passenger must be able to grasp the occupant handhold with the seat-shoulder belt or safety harness fastened while seated upright with his or her back up against the seatback and with both feet flat on the floorboard. Following the enactment of AB 1595 (Cook) earlier this year, numerous RHOV user groups and individuals contacted the author noting that it is common practice to change out seats in ROHVs to accommodate additional passengers. Many ROHV owners expressed concerns that their vehicles (with owner-installed after-market seating) would no longer be legal in California after January 1, 2013. Additionally, many ROHV owners expressed concerns that they would no longer be allowed to transport AB 1266 Page 3 children in their ROHVs because of the requirement that passengers must be able to put both feet flat on the floorboard when grasping the handhold with the safety harnessed fastened and seated upright. This bill addresses ROHV owners' late-rising concerns by delaying the effective date of the requirement that all passengers must occupy seats provided by the vehicle manufacturer from January 1, 2013, until July 1, 2013, in order to give ROHV owners additional time to comply or for legislation to be introduced in the upcoming legislative session to better define after-market seat requirements. The bill also deletes the provision requiring that an ROHV passenger must be able to place both feet flat on the floorboard when grasping the handhold with the safety harness fastened and seated upright. By eliminating this provision, ROHV owners will be able to continue to allow children to ride as passengers in ROHVs. Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-2093 FN: 0005839