BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb
334
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: fuller
VERSION:
2/19/13
Analysis by: Carrie Cornwell FISCAL: no
Hearing date: April 2, 2013 URGENCY: YES
SUBJECT:
Recreational off-highway vehicles
DESCRIPTION:
This bill delays for 18 months state law that requires
passengers in recreational off-highway vehicles (ROHVs) to
occupy seats provided by the manufacturer of the ROHV.
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
SB 334 (FULLER) Page 2
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.
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 harnessed fastened.
This bill delays further, until January 1, 2015, the effective
date of the requirement that all passengers occupy seats
provided by the manufacturer of an ROHV.
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
SB 334 (FULLER) Page 3
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.
The proponents of this bill argue that the six month delay was
insufficient, as those who have modified their ROHVs with
aftermarket seats will have those seats become illegal on July
1. This bill would make them legal for an additional 18
months. The author's staff indicates that should a
substantive resolution emerge in another legislative vehicle,
the author will drop this bill.
2.Kicking the can down the road . Last year's AB 1595 prohibited
ROHV passengers from occupying a seat unless it was designed
and provided by the manufacturer. The author of that bill
included that provision to prevent individuals from using
unsafe, aftermarket seats that lacked proper harnesses and
roll cages. It is unclear to what end this bill delays for 18
months the implementation of this provision. The delay leaves
unresolved the problem that ROHV owners who have installed
aftermarket seats face. A more direct approach is either to
change the law enacted last year to make these aftermarket
seats legal for passengers to occupy on some or all ROHVs or
to allow the law to take effect.
3.Removal of opposition . The Recreational Off-highway Vehicle
Association, sponsor of last year's AB 1595, originally
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opposed this bill, but changed its position to neutral noting
that SB 234 (Walters) (see "RELATED LEGISLATION" below) is
being amended in a way that, if passed, would obviate the need
for this bill. The Recreational Off-highway Vehicle
Association plans to revisit its position on this bill as SB
234 moves forward.
RELATED LEGISLATION
SB 234 (Walters) Among other things, limits the requirement
that passengers in an ROHV may only sit in seats installed by
the original manufacturer to ROHVs with a 2014 or later model
year. Set for hearing on April 9 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 . Pending in the
Assembly Transportation Committee.
POSITIONS: (Communicated to the committee before noon on
Wednesday, March 27,
2013.)
SUPPORT: ABATE
OPPOSED: None received.