BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1595
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          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 








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                 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.  








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          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 








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          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 










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