BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 134
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: blakeslee
VERSION: 6/2/09
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: June 9, 2009
SUBJECT:
Off-highway motor vehicles
DESCRIPTION:
The bill prohibits a parent, guardian, or other authorized adult
from granting permission or knowingly allowing a child who is
under age 14 to operate an off-highway motor vehicle on which
the child cannot reach the controls necessary to safely operate
the vehicle.
ANALYSIS:
Existing law allows a person of any age to operate an
off-highway motor vehicle (OHV) provided that the person can
reach the controls necessary to operate the vehicle safely. Some
OHVs are constructed to be operated by children as young as age
six, and there are reports of even younger children riding OHVs.
This bill :
1.Prohibits a parent, guardian, or other authorized adult of a
child who is under age 14 from granting permission or
knowingly allowing the child to operate an off-highway motor
vehicle on which the child cannot reach the controls necessary
to safely operate the vehicle.
2.Provides that a first conviction shall result in a fine of
$35, a second conviction in a fine of $35 to $50, and a third
or subsequent conviction in a fine of $50 to $75. A violation
AB 134 (BLAKESLEE) Page 2
does not, however, result in a violation point on a driver's
record.
COMMENTS:
1.Purpose . AB 2755 (Blakeslee), Chapter 195, Statutes of 2006,
imposed fines on a parent, guardian, or other authorized
adult, who grants permission or knowingly allows a child under
age 14 to operate an all-terrain vehicle (ATV) illegally by
riding the ATV, which is one class of OHV, on public lands
without the required training and supervision. The author
introduced this bill to build on AB 2755.
This bill addresses the lack of an effective enforcement
mechanism when the child operator of an OHV cannot reach the
controls to operate the vehicle in a safe manner. The author
asserts that the purpose of the existing law requiring that
OHV operators be able to reach the vehicle controls is to
discourage parents from allowing their small children from
operating OHVs designed and manufactured for adults. Existing
law makes the vehicle operator liable for a violation,
regardless of his or her age. The author reports that officers
often do not issue a citation to a young child because they
believe the real issue is a lack of parental supervision. The
author believes that the adult who allows the child to ride an
OHV that is too large should receive the citation. This bill
makes that adult responsible by making the adult citable for a
violation.
2.OHVs include ATVs . All-terrain vehicles are but one model of
off-highway motor vehicles, so the author's 2006 bill applied
more narrowly than this bill would. Over 85% of OHVs
registered in California are either dirt bikes or ATVs. The
remaining OHVs are mostly adult-sized sand vehicles and
snowmobiles.
Assembly Votes:
Floor: 79 -0
Appr: 16 - 0
Trans: 10 - 0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 3, 2009)
SUPPORT: American College of Emergency Physicians
AB 134 (BLAKESLEE) Page 3
Child Abuse Prevention Council of Contra Costa
County
Coalition for Public Access
OPPOSED: None received.