BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 234
          Author:   Walters (R), et al.
          Amended:  4/1/13
          Vote:     27 - Urgency

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  10-0, 4/9/13
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Pavley, Wyland
          NO VOTE RECORDED:  Roth

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Recreational off-highway vehicles

           SOURCE  :     Author


           DIGEST  :    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  
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          (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.


          AB 1595 (Cook, Chapter 165, Statutes of 2012) defined ROHVs 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 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  

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            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  
            seated upright with his/her back up against the seatback and  
            with both feet flat on the floorboard. 

          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.  




          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.

          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. 

           Comments  

          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  

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          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  4/23/13)

          ABATE 
          American Sand Association
          California Association of Four Wheel Drive Clubs
          California Off-Road Vehicle Association
          Recreational Off-Highway Vehicle Association



          JJA:d  4/23/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE


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