BILL ANALYSIS Ó
SB 234
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Date of Hearing: June 17, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 234 (Walters) - As Amended: June 10, 2013
SENATE VOTE : 37-0
SUBJECT : Recreational off-highway vehicles
SUMMARY : Changes passenger seating and safety requirements for
recreational off-highway vehicles (ROHVs). Specifically, this
bill :
1)Prohibits a driver of a ROHV from allowing a passenger to
occupy a separate seat location not designed and provided by a
manufacturer if the ROHV is of model year 2014 or later.
2)Authorizes passengers in ROHVs of model year 2013 or earlier
to occupy seat locations not designed and installed by the
manufacturer provided that the occupant is fully contained
inside the vehicle's rollover protection structure while the
vehicle is being operated.
3)Defines an occupant handhold as a factory or aftermarket
device grasped by an occupant to provide support and to assist
in keeping arms and hands within the ROHV.
4)Specifies that the steering wheel is considered an occupant
handhold for ROHV operators.
5)Requires that occupant handholds be designed to allow the ROHV
passenger to exit the vehicle without interference from the
handholds.
6)Takes effect immediately as an urgency statute.
EXISTING LAW :
1)Defines 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,
and an engine displacement equal to or less than 1,000 cubic
centimeters.
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2)Establishes requirements for the operation of ROHVs on public
lands, including:
a) Requires ROHV operators to 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;
b) Requires ROHV operators and passengers to wear safety
helmets and properly fastened seatbelts and shoulder belts
when the vehicle is moving; and,
c) Prohibits passengers of ROHVs to occupy a seat location
not designed and provided by the manufacturer beginning on
July 1, 2013.
FISCAL EFFECT : Unknown
COMMENTS : 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, and an
engine displacement equal to or less than 1,000 cubic
centimeters. In addition to describing an ROHV, AB 1595
established certain requirements for their safe operation on
public lands including, among other things, the requirement that
all ROHV passengers must ride in seats installed by the original
manufacturer and that all ROHV passengers must be able to place
both feet flat on the floorboard while seated upright. The
provision for manufacturer-installed passenger seating was
included to prevent ROHV vehicle owners from installing unsafe
seating and the provision requiring individuals to have both
feet on the floor when grasping the handhold was intended to
discourage unsafe passenger movements in the vehicle.
Following the enactment of AB 1595 in July of 2012, numerous
RHOV user groups and individuals raised concerns about the
unintended consequences of the passenger seating provisions of
the bill. With regard to manufacturer installed passenger
seating, user groups noted that aftermarket passenger seats are
routinely installed on ROHVs and that the provision in AB 1595
banning their use would prevent many ROHV owners from operating
their vehicles in California. Additionally, the requirement
that all passengers be able to grasp handholds with their feet
SB 234
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flat on the floor could preclude children and persons with
disabilities from riding in ROHVs.
AB 1266 (Nielsen), Chapter 529, Statutes of 2012, was introduced
to addresses ROHV owners' late-rising concerns. AB 1266 delayed
the effective date of the requirement that all passengers must
occupy seats provided by the vehicle manufacturer from January
1, 2013, until July 1, 2013, in order to give ROHV owners
additional time to comply or for legislation to be introduced in
the upcoming legislative session to better define after-market
seat requirements.
According to the author, this bill would allow ROHV owners who
have modified passenger seating in their ROHVs (model year of
2013 or earlier) to continue to use these vehicles in California
provided that the aftermarket passenger seat is fully contained
inside of the ROHV's rollover protection structure while the
vehicle is being operated. Owners of ROHVs with a model year of
2014 or later, however, would be required to have
manufacturer-installed passenger seating.
This bill also addresses the ability of children and persons of
short stature to continue to ride as passengers in ROHVs by
clarifying that an "occupant handhold" can be any factory or
aftermarket device. This clarification would allow ROHV
operators to install handholds in locations that would allow
children and persons of smaller stature to reach the handholds
while keeping their feet on the floor, and back against the seat
while wearing a seatbelt and safety harness, as required by law.
Related legislation : SB 64 (Donnelly), which had the same
language as this bill, passed out of the Assembly with unanimous
consent but is being held in the Senate Transportation and
Housing Committee and Assembly Member Donnelly has signed on to
SB 234 as a principal coauthor.
SB 334 (Fuller) is an urgency statute that would further delay
the implementation of AB 1595 (Cook) Chapter 165, Statutes of
2012, that prohibit ROHV passengers from occupying a seat
location not designed and provided by the manufacture until
January 1 2015. That bill, which was scheduled to be heard in
the Senate Transportation and Housing Committee, was cancelled
at the request of the author.
SB 234
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Previous legislation: AB 1595 (Cook) Chapter 165, Statutes of
2012, defined recreational off-highway ROHVs and prescribes
safety regulations for their use in California.
AB 1266 (Nielsen) Chapter 529, Statutes of 2012, delayed the
effective date of a recently-enacted requirement that ROHV
passengers must occupy seats provided by the vehicle
manufacturer and deletes the requirement that ROHV passengers be
able to place both feet flat on the floor board when riding in
an ROHV.
REGISTERED SUPPORT / OPPOSITION :
Support
American Brotherhood Aimed Towards Education (ABATE)
American Sand Association Inc.
California Association of Four Wheel Drive Clubs
California Off-Road Vehicle Association
Recreational Off-Highway Vehicle Association
Opposition
None on file
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093