BILL ANALYSIS �
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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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