BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1595
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: cook
VERSION: 5/21/12
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: June 19, 2012
SUBJECT:
Recreational off-highway vehicles
DESCRIPTION:
This bill defines recreational off-highway vehicles (ROHVs) and
prescribes safety regulations for their use in California.
ANALYSIS:
A person may not drive a motor vehicle on any street, road, or
highway open to the public (highway) unless the owner registers
the vehicle 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).
In order to operate an OHV on public lands, the owner must apply
to DMV to register the OHV and receive an OHV identification
sticker, which serves in lieu of a license plate and includes a
unique number for each OHV.
Existing law generally allows a person of any age to operate an
OHV, provided that the person can reach the controls necessary
to operate the vehicle safely, and prescribes various rules for
the operation of and equipment on specified OHVs. For example,
while on public lands the operator of an ATV must wear a helmet
and may not transport passengers.
This bill :
1.Defines ROHVs as a motor vehicle designed for operation
primarily off of the highway and that has:
AB 1595 (COOK) Page 2
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.
1.Includes ROHVs among OHVs subject to DMV registration and
identification requirements.
2.Establishes requirements for the operation of ROHVs on public
lands, including:
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;
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;
All passengers must occupy seats provided by the
manufacturer; and
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.
COMMENTS:
Purpose . The author introduced this bill at the request of the
Recreational Off-Highway Vehicle Association to define ROHVs as
a distinct and separate class of vehicles and establish specific
requirements governing their safe operation and use. The
sponsor indicates that the primary reason for distinguishing
these vehicles is that ROHVs handle differently from ATVs, which
a rider maneuvers by gripping the handle bars and leaning into
turns in a saddle-type seat. ROHVs operate more like a car,
where the driver and passengers sit in full seats and the driver
uses a steering wheel to maneuver the vehicle. The sponsor
indicates that because these vehicles are relatively new and
different, no existing laws directly govern their safe
operation. This bill corrects that.
AB 1595 (COOK) Page 3
The state currently allows ROHVs to operate in its off-highway
vehicle recreation areas. By prescribing operational
requirements for ROHV use, this bill will provide rangers at
these recreational vehicle areas a basis for enforcing safety
and vehicle identification requirements for ROHVs.
Assembly Votes:
Floor: 71 - 0
Appr: 17 - 0
Trans: 13 - 0
POSITIONS: (Communicated to the Committee before noon on
Wednesday, June 13,
2012)
SUPPORT: Recreational Off-Highway Vehicle Association
(sponsor)
Kawasaki Motors Corporation, U.S.A.
OPPOSED: None received.