BILL ANALYSIS Ó
AB 1835
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Date of Hearing: April 28, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1835 (Olsen) - As Introduced: February 18, 2014
SUBJECT : Recreational off-highway vehicles: helmets: exemption
SUMMARY : Exempts operators and passengers of recreational
off-highway vehicles (ROHVs) who are 18 years of age or older
from the requirement to wear a helmet. Specifically, this bill :
1)Exempts operators and passengers of ROHVs from the requirement
to wear a helmet as long as all of the following circumstances
apply:
a) The operator or passenger is 18 years of age or older;
b) The ROHV is equipped with a roll bar by the
manufacturer;
c) The operator or passenger is seated in a
manufacturer-installed seat; and,
d) The operator or passenger is wearing a seat belt.
EXISTING LAW :
1)Defines an ROHV as a vehicle designed by the manufacturer for
operation primarily off of the highway, with a steering wheel
for steering control, non-straddle seating,
manufacturer-installed seating for 2014 or later model year
vehicles, designed maximum speed capability of 30 miles per
hour (mph) or less, and an engine displacement of equal to or
less than 1,000 cubic centimeter (cc).
2)Requires that ROHVs display an identification plate issued by
the California Department of Motor Vehicles (DMV).
3)Prohibits a person from operating or allowing passengers to
ride in an ROHV unless the operator and passengers are wearing
safety helmets that meet the requirements established for
motorcycles and motorized bicycles.
AB 1835
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FISCAL EFFECT : Unknown
COMMENTS : AB 1595 (Cook), Chapter 165, Statutes of 2012, set
forth the definition of an ROHV and established certain
requirements for their safe operation on public lands including,
among other things, the requirement that all ROHV operators and
passengers wear safety helmets.
After the passage of AB 1595, the ROHV community learned of this
bill's requirements and expressed concerns, among other things,
about the newly imposed helmet requirement. They, along with
the author, contend that adult ROHV users should be allowed to
decide for themselves whether helmet use is necessary and
appropriate, particularly since ROHVs have a lower center of
gravity, shoulder harnesses, seat belts, and roll bars, all of
which, they believe, adequately protect the safety of an adult
user. To address these concerns, the author has introduced this
bill which would exempt adult drivers and passengers in ROHVs
from the requirement to wear a helmet as long as the vehicle is
equipped with a roll bar by the manufacturer, the operator or
passenger is seated in a manufacturer-installed seat, and they
are wearing a seat belt.
Writing in support of this bill, the Outdoor Sportsmen's
Coalition of California agrees that helmet use should not be
required for persons using ROHVs. They note that the
requirement to wear a helmet would negatively impact hunting,
fishing, and other forms of outdoor recreation in California. A
number of ROHV operators expressed similar concerns in addition
to the inequity that ROHV users must wear helmets when users of
other "open" vehicles, such as golf carts, do not have similar
requirements. Many supporters also expressed that ROHV's
inherently safe design provides adequate protection for users.
Writing in opposition to the bill, the Recreational Off-Highway
Vehicle Association, a not-for-profit trade association formed
to promote the safe and responsible use of ROHVs and the sponsor
of AB 1595, notes that the presence of roll bars and the use of
seat belts while riding in ROHVs does not mitigate the need to
wear a helmets. Specifically, they cite the U.S. Consumer
Product Safety Commission (CPSC) studies showing that lack of
helmet use is implicated in 53 percent of ROHV injury and
fatality accidents.
Also writing in opposition to the bill, the California Medical
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Association claims that requiring drivers and passengers of
ROHVs to wear helmets is grounded in sound public policy. They
cite similar CPSC statistics regarding ROHV injuries noting that
nearly 70% of crashes involved rollovers which resulted in the
ejection of passengers and the majority of deaths, despite the
presence of roll bars and other safety measures.
Related legislation : SB 1450 (Fuller) is a spot bill related to
off-highway vehicles. That bill is currently in the Senate
Rules Committee pending assignment.
Previous legislation : AB 1595 (Cook), Chapter 165, Statutes of
2012, defined ROHVs and prescribed safety regulations for their
use on public lands among which included the requirement that
all ROHV passengers and operators must wear safety helmets.
AB 1266 (Nielsen), Chapter 529, Statutes of 2012, delayed until
July 1, 2013, the effective date of the requirement that all
passengers occupy seats provided by the manufacturer and deleted
the requirement that an ROHV passenger must be able to put both
feet flat on the floorboard when seated upright and grasping the
handhold with the safety harnessed fastened.
SB 234 (Walters), Chapter 179, Statutes of 2013, limited the
requirement that passengers in recreational ROHVs may only sit
in seats installed by the original manufacturer to ROHV's with a
2014 or later model year.
AB 64 (Donnelly), Chapter 548, Statutes of 2013, the introduced
version of the bill would have made ROHV helmet requirements not
applicable to children secured in a child safety seat. This
provision was later removed and ultimately, that bill was gutted
and amended to address fifth-wheel travel trailer lengths.
SB 334 (Fuller) of 2013, would have delayed for 18 months state
law that requires passengers in ROHVs to occupy seats provided
by the manufacturer of the ROHV. That bill died in the Senate.
REGISTERED SUPPORT / OPPOSITION :
Support
American Brotherhood Aimed Toward Education (ABATE)
Barstow 4-Wheelers
AB 1835
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Nick's Computer Works/Charla's Tools
Outdoor Sportsmen's Coalition of California
102 Individuals
Opposition
California Medical Association
Recreational Off-Highway Vehicle Association
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093