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
           
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          |ASSEMBLY:  |     |(May 19, 2011)  |SENATE: |39-0 |(August 31,    |
          |           |     |                |        |     |2012)          |
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                    (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
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            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
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          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 


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