BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 134|
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THIRD READING
Bill No: AB 134
Author: Blakeslee (R), et al
Amended: 6/2/09 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM. : 11-0, 6/9/09
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman,
Hollingsworth, Kehoe, Oropeza, Pavley, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 5/4/09 (Consent) - See last page for
vote
SUBJECT : Off-highway motor vehicles
SOURCE : Author
DIGEST : 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.
CONTINUED
AB 134
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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 does not, however, result in a violation
point on a driver's record.
Comments
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/30/09)
American College of Emergency Physicians
Child Abuse Prevention Council of Contra Costa County
Coalition for Public Access
ARGUMENTS IN SUPPORT : 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
AB 134
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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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Huffman
JA:nl 6/30/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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