BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 234
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: walters
VERSION: 4/1/13
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: April 9, 2013 URGENCY: YES
SUBJECT:
Recreational off-highway vehicles
DESCRIPTION:
This bill limits the requirement due to take effect on July 1,
2013, that passengers in a recreational off-highway vehicle
(ROHV) may only sit in seats installed by the original
manufacturer to ROHVs with a 2014 or later model year.
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.
Last year, AB 1595 (Cook), Chapter 165, defined ROHVs as a motor
vehicle designed for operation primarily off of the highway and
that has:
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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.
AB 1595 included ROHVs among OHVs subject to DMV registration
and identification requirements and established the following
requirements for the operation of ROHVs on public lands:
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.
Also, last year, AB 1266 (Nielsen), Chapter 529, 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.
This bill :
1.Limits the requirement that passengers in an ROHV may sit only
in seats installed by the original manufacturer to ROHVs with
a 2014 or later model year.
2.Requires seats installed in 2013 or earlier model year ROHVs,
that are in locations other than those provided by the
manufacturer, to be installed such that the passenger sitting
there must be fully contained inside of the vehicle's rollover
protection structure.
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3.Defines a handhold for purposes of the requirement that a
passenger must be able to grasp the handhold while sitting in
a seat with the harness fastened, provides that the steering
wheel is the handhold for the driver, and requires that
handholds to be designed to allow passengers to exit the ROHV
without interference.
4.Is an urgency measure and has an effective date of July 1,
2013.
COMMENTS:
1.Purpose . Last year, the Legislature passed, with no "no"
votes, 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 include the
use of seatbelts or harnesses, wearing helmets, and seating
standards.
After the governor signed AB 1595 in July of last year, OHV
owners contacted various legislators to express concern with
two of its provisions. First, some asserted that AB 1595's
requirement that all ROHV passengers be able to sit "with both
feet flat on the floorboard" while wearing the seat belt or
harness and grasping the safety handhold would effectively ban
children and shorter adults from being able to ride as
passengers. Second, owners of ROHVs who had installed
aftermarket seats noted that AB 1595 would make those seats
illegal on January 1, 2013.
In response to these two concerns, the Legislature passed and
the governor signed AB 1266 1) to modify the requirement that
a person be able to put both feet on the floor while seated
and holding the handhold in the vehicle, and 2) to delay for
six months the effective date of the requirement that all
passengers in an ROHV occupy seats provided by the
manufacturer in order to provide time for a permanent
resolution.
When this six-month delay expires, this bill resolves the
issue of aftermarket seats by prohibiting them in ROHVs with a
model year 2014 or later and requiring aftermarket seats in
earlier models be installed within the roll cage of the ROHV.
2.Removal of opposition . The Recreational Off-highway Vehicle
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Association, sponsor of last year's AB 1595, originally
opposed this bill, but changed its position to neutral in
light of the amendments the author made on April 1st to limit
the bill to the seating issue and defining handholds. Also,
the Sierra Club of California opposed the introduced version
of this bill, but also withdrew its opposition based on the
April 1st amendments.
RELATED LEGISLATION
SB 334 (Fuller) Delays for 18 months the requirement that
passengers in an ROHV may occupy seats provided by the
manufacturer of the ROHV. Awaiting hearing in this committee.
AB 64 (Donnelly) Limits the requirement that passengers in an
ROHV may only sit in seats installed by the original
manufacturer to ROHVs manufactured after 2013. Set for April 22
in the Assembly Transportation Committee.
POSITIONS: (Communicated to the committee before noon on
Wednesday, April 3,
2013.)
SUPPORT: ABATE
American Sand Association
California Off-Road Vehicle Association
One individual
OPPOSED: None received.
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