BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1835| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1835 Author: Olsen (R) Amended: 7/1/14 in Senate Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-0, 6/24/14 AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso, Lara, Liu, Roth, Wyland NO VOTE RECORDED: Pavley ASSEMBLY FLOOR : 44-23, 5/23/14 - See last page for vote SUBJECT : Recreational off-highway vehicles: helmets SOURCE : Author DIGEST : This bill specifies that the requirement for the driver and passengers of a recreation off-highway vehicle (ROHV) to wear a helmet only applies on public land. ANALYSIS : Off-highway motor vehicles (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 the Department of Motor Vehicles (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 CONTINUED AB 1835 Page 2 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. In 2012, AB 1595 (Cook, Chapter 165) defined an "ROHV" 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. An engine displacement equal to or less than 1,000 cubic centimeters. AB 1595 included ROHVs among OHVs subject to DMV registration and identification requirements and established requirements for the operation of ROHVs, including that all ROHV operators and passengers must wear safety helmets. This bill specifies that the requirement for the driver and passengers of an ROHV to wear a helmet only applies on public land. Previous legislation regulating ROHVs . In 2012, the Legislature unanimously passed and Governor Brown signed AB 1595 (Cook), which added the definition of ROHVs and safety rules for their operation to state law. The safety requirements of AB 1595 included: 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. An ROHV passenger must be able to grasp the occupant handhold with the seat-shoulder belt or safety harness fastened while CONTINUED AB 1835 Page 3 seated upright with his/her back up against the seatback and with both feet flat on the floorboard. Beginning just a few weeks after the Governor signed AB 1595 in July 2012, those who own, operate, and recreate in ROHVs have objected to some of the safety rules contained in AB 1595. Two subsequent bills have changed those rules, as follows: 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 harness fastened. SB 234 (Walters, Chapter 179, statutes of 2013) limits the requirement that passengers in an ROHV may only sit in seats installed by the original manufacturer to ROHVs with a 2014 or later model year. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 7/1/14) American Brotherhood Aimed Towards Education Outdoor Sportsmen's Coalition of California OPPOSITION : (Verified 7/1/14) California Chapter of the American College of Emergency Physicians California Medical Association County Health Executives Association of California ARGUMENTS IN SUPPORT : ROHVs operate somewhat like a car or small pickup truck, in which the driver and passengers sit in full seats and the driver uses a steering wheel to maneuver the vehicle, as opposed to an ATV, in which the operator straddles the vehicle and uses handlebars. The author notes that ROHVs are used daily by recreational users for outdoor enjoyment and for farmers and builders to haul materials. Proponents note that ROHVs come equipped with roll cages, seat belts, and shoulder harnesses, which make the likelihood of ejection less CONTINUED AB 1835 Page 4 than that of a car or a golf cart. They further note that a helmet can make it more difficult to operate an ROHV because helmets obscure the operator's vision and can cause fatigue, particularly in hot weather. ARGUMENTS IN OPPOSITION : The Recreational Off-Highway Vehicle Association (Association), a trade association made up of the manufacturers and wholesalers of ROHVs, sponsored AB 1595 in 2012. The Association asserts that the presence of roll bars and the use of seat belts while riding in ROHVs do not mitigate the need for operators and passengers to wear helmets. In its letter of opposition, the Association cites U.S. Consumer Product Safety Commission (CPSC) studies showing that lack of helmet use is implicated in 53% of ROHV injury and fatality accidents. Writing in opposition to the bill, the California Medical Association claims that requiring drivers and passengers of ROHVs to wear helmets is grounded in sound public policy. The Medical Association also cites similar CPSC statistics regarding ROHV injuries and notes that in nearly 70% of crashes the ROHV rolled over, with the majority of these accidents causing ejection of the passengers. Despite the roll bar and other safety measures contained in the ROHV, the Medical Association asserts that ejections caused the majority of ROHV-related deaths and that these deaths could have been avoided through helmet use. ASSEMBLY FLOOR : 44-23, 5/23/14 AYES: Achadjian, Alejo, Allen, Bigelow, Bocanegra, Bradford, Ian Calderon, Chávez, Conway, Dababneh, Dahle, Daly, Donnelly, Eggman, Fox, Beth Gaines, Gatto, Gorell, Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer, Linder, Logue, Maienschein, Mansoor, Melendez, Nestande, Olsen, Patterson, Perea, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Salas, Stone, Wagner, Waldron, Wilk, Atkins NOES: Ammiano, Bloom, Bonilla, Bonta, Buchanan, Chesbro, Dickinson, Frazier, Gomez, Gonzalez, Gordon, Levine, Lowenthal, Medina, Mullin, Muratsuchi, Pan, John A. Pérez, Skinner, Ting, Weber, Wieckowski, Yamada NO VOTE RECORDED: Brown, Campos, Chau, Cooley, Fong, Garcia, Harkey, Roger Hernández, Nazarian, V. Manuel Pérez, Rodriguez, Williams, Vacancy CONTINUED AB 1835 Page 5 JA:e 7/2/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED