BILL ANALYSIS Ó AB 1595 Page 1 ASSEMBLY THIRD READING AB 1595 (Cook) As Amended May 10, 2012 Majority vote TRANSPORTATION 13-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Harkey, | | |Jeffries, Achadjian, | |Blumenfield, Bradford, | | |Blumenfield, Bonilla, | |Charles Calderon, Campos, | | |Buchanan, Eng, Carter, | |Davis, Donnelly, Gatto, | | |Galgiani, Miller, Norby, | |Hall, Hill, Lara, | | |Portantino, Solorio | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Defines a "recreational off-highway vehicle" (ROHV) and establishes requirements for their operation. Specifically, this bill : 1) Defines ROHVs as a motor vehicle that: a) Is designed by the manufacturer for operation primarily off of the highway; b) Has a steering wheel for steering control; c) Has non-straddle seating provided for the operator and all passengers; and, d) Has maximum manufacturer-designed speed capability of 30 miles per hour (mph) or more but can be modified to reach speeds greater than 30 mph. 2) Adds ROHVs to the list of off-highway motor vehicles subject to Department of Motor Vehicle (DMV) identification requirements. 3) Establishes requirements for the operation of ROHVs including: a) The requirement that a person operating an ROHV be AB 1595 Page 2 at least 16 years old or be directly supervised in the vehicle by a parent, guardian, or adult authorized by a parent or guardian; b) The requirement that passengers in ROHVs wear specified safety helmets; c) The requirement that operators and passengers in ROHVs wear seatbelts and shoulder belts or safety harnesses that are properly fastened when the vehicle is moving; d) The requirement that all passengers occupy seats provided by the manufacturer; and, e) The requirement that ROHV operators ride only with passengers that can grasp the handhold while seated in an upright position with his or her feet flat on the floor and back against the seatback while wearing a properly fastened seatbelt and shoulder belt. 4) Makes related, clarifying changes. 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)Prohibits vehicles registered as OHVs from being operated on public streets. 3)Requires certain OHVs to display an identification plate or device issued by DMV. 4)Generally prohibits operation of an all-terrain vehicle (ATV) on public lands by person under the age of 18. 5)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. AB 1595 Page 3 6)Prohibits a person from driving an OHV at a speed greater than is reasonable or prudent and establishes a prima facie speed limit of 15 mph within 50 feet of any concentration of people or animals. 7)Establishes certain criteria for ATVs including safety training courses and certain age restrictions for their operation and use. 8)Requires persons operating ATVs on state lands to wear an approved motorcycle safety helmet. FISCAL EFFECT : According to the Assembly Appropriations Committee, absorbable state costs. COMMENTS : By introducing this bill, the author intends to define ROHVs as a distinct and separate class of vehicles and establish specific requirements governing their safe operation and use. The sponsor, the Recreational Off-Highway Vehicle Association (ROHVA), indicates that the two primary reasons for distinguishing these vehicles is that ROHVs handle differently from ATVs, which are maneuvered by rider-movement (i.e., griping the handle bars and leaning into turns in a saddle-type seat). ROHVs operate more like a standard car, where the driver and passengers sit in full seats and the vehicle is maneuvered using a steering wheel. The sponsor indicates that because these vehicles are relatively new and different, there are no laws that directly govern their safe operation. By defining these vehicles in law and specifically describing operational requirements, rangers at recreational vehicle areas around the state will have a basis for enforcing safety and vehicle identification requirements for ROHVs. Specifically, this bill would define an ROHV as a motor vehicle that is designed by the manufacturer for operation primarily off-road that has a steering wheel for steering control, non-straddle seating for the driver and passengers, and has a maximum speed capability of greater than 30 mph but also allows for maximum speed capability of greater than 30 mph if the vehicle has been modified. With regard to speed requirements, the sponsor notes that ROHVs, by definition, can achieve speeds of greater than 30 mph; however, speeds at recreational vehicle areas are individually established for conditions as AB 1595 Page 4 appropriate. The sponsor also notes that modifications for higher speeds are primarily carried out to allow operators to participate in sanctioned racing events. The operational guidelines for ROHVs, as provided for in this bill, are based on reports by U.S. Consumer Product Safety Commission (CPSC) that show that the most common injury accidents for ROHVs result when riders and passengers fail to wear seatbelts and safety. Studies analyzing the CPSC data also show that in addition to not wearing safety helmets and seat belts, under-age driving, driving on paved surfaces, and driving at excessive speeds also contributes to accidents. To address these factors, operational requirements for ROHVs described in this bill include the requirement that ROHV operators be at least age 16 years old, unless they are directly supervised by a parent or guardian or by and adult authorized by a parent or guardian. The bill also requires that all persons operating or riding in ROHVs must wear safety helmets meeting requirements established for motorcycles or motorized bicycles and that operators and passengers must wear seatbelts and shoulder belt or safety harnesses that are properly fastened when the ROHV is in motion. The bill further specifies that persons operating ROHVs must not allow passengers to sit in areas other than designated seats provided by the manufacturer and that passengers and that operators ride only with passengers that can grasp the handhold while seated in an upright position with his or her feet flat on the floor and back against the seatback while wearing a properly fastened seatbelt and shoulder belt. Writing in support of the legislation, the Kawasaki Motors Corp, notes that this bill would help to establish safety requirements for ROHV use and promote and ensure responsible and safe use of these vehicles. They point out that by AB 1595 including the definition of ROHVs in law, the bill will help to define both the vehicle and rules of safe operation that will serve as guidance for counties and cities in the management of their ROHV areas. Kawasaki also notes that the bill will also lead to statewide enforcement consistency. Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319- 2093 AB 1595 Page 5 FN: 0003642