BILL ANALYSIS �
SB 234
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Date of Hearing: July 3, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 234 (Walters) - As Amended: June 10, 2013
Policy Committee:
TransportationVote:15-0 (Consent)
Urgency: Yes State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill modifies passenger and safety requirements for
recreational off-highway vehicles (ROHVs), as previously
established in recent legislation. Specifically, this bill:
1)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.
2)Requires that occupant handholds, as defined, be designed to
allow the ROHV passenger to exit the vehicle without
interference from the handholds.
FISCAL EFFECT
Negligible fiscal impact.
COMMENTS
1)Background . AB 1595 (Cook)/Chapter 165 of 2012, defined an
ROHV as a motor vehicle designed primarily for off-highway
use, with a steering wheel and non-straddle seating for the
operator and passengers. In addition, AB 1595 established
certain requirements for safe operation on public lands,
including that all ROHV passengers must ride in seats
installed by the original manufacturer and must be able to
place both feet flat on the floorboard while seated upright.
Following its enactment, numerous RHOV user groups and
individuals raised concerns about the passenger seating
SB 234
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provisions of this bill, noting that aftermarket passenger
seats are routinely installed on ROHVs and that the provision
banning their use would prevent many ROHV owners from
operating their vehicles in California. (AB 1266
(Nielsen)/Chapter 529 of 2012, delayed the effective date of
this requirement to July 1, 2013.) Additionally, the
requirement in AB 1595 that all passengers be able to grasp
handholds with their feet flat on the floor would preclude
persons of short stature and children from riding in ROHVs.
2)Purpose . AB 234 allows 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. The bill also
clarifies that an occupant handhold can be any factory or
aftermarket device, which will allow ROHV operators to install
handholds in locations that would allow children and persons
of smaller stature to reach the handholds.
3)Related Legislation . AB 64 (Donnelly), pending in Senate
Transportation and Housing, is an identical bill. Assembly
Member Donnelly is a principal co-author of SB 234.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081