BILL ANALYSIS
AB 2338
Page 1
Date of Hearing: April 19, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2338 (Conway) - As Amended: April 8, 2010
SUBJECT : Off-highway vehicles
SUMMARY : Authorizes off-highway vehicles (OHV) to operate on
highways in Inyo County, under certain conditions.
Specifically, this bill:
1)Makes legislative findings and declarations regarding rural
Inyo County and opportunities to explore and recreate therein.
2)Provides that the existing limitation that a highway segment
designated for combined OHV and regular traffic use may not be
longer than three miles long does not apply to Inyo County,
unless the California Highway Patrol (CHP) Commissioner finds
that the highway is not properly designed and constructed to
permit the safe driving of both regular vehicular traffic and
OHVs.
3)Provides that a special law is necessary because Inyo County
is a rural and remote county that contains six million acres
of public land for exploration and recreation and the use of
OHV is a popular and common mode of transportation for
residents and visitors of the county.
EXISTING LAW:
4)Generally provides that a person may not drive a motor vehicle
upon a highway, unless the person holds a valid driver's
license.
5)Does not require a person to have a driver's license to
operate a registered OHV off the highway, including incidental
highway crossings.
6)Provides that a valid on-highway registration allows a vehicle
to be operated both on and off the highway, although not all
OHVs are eligible for on-highway registration (such as
all-terrain vehicles).
AB 2338
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7)Prohibits a vehicle registered as an OHV from being operated
on public streets, except as noted below.
8)Provides that an OHV may be operated on a highway if the use
is to cross the highway or under the condition that a local
authority, a federal government agency, or the Department of
Parks and Recreations, for highways under their respective
jurisdiction, designates a highway segment for combined use of
OHVs and regular traffic; the highway segment cannot be longer
than three miles long and must meet one the following
criteria:
a) Provide a connecting link between OHV trails segments;
b) Link an OHV recreational use area and necessary service
facilities; or,
c) Connect lodging facilities with an OHV recreational
facility.
9)Explicitly prohibits a freeway from being designated for the
combined use of regular traffic and OHVs.
10)Authorizes the Off-Highway Motor Vehicle Recreation
Commission to propose highway segments for combined-use
designation.
11)Provides that, prior to designating a highway for combined
use, a local agency, federal agency, or the Director of Parks
and Recreation must notify the CHP Commissioner and may not
designate a road for combined use if the CHP believes doing so
would create a potential traffic safety hazard.
12)Requires signs approved by the California Department of
Transportation on designated combined use highways before the
designation can become effective.
13)Makes it unlawful to operate an OHV on a designated
combined-use highway under the following conditions:
a) During darkness;
b) Without a stop light or rubber tires; and,
c) Without a driver's license appropriate for the class of
AB 2338
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vehicle being operated.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill is not intended to
grant blanket authority for OHVs to use highways in Inyo County.
Instead, the bill provides Inyo County, working with the CHP,
the opportunity to explore options for developing a greater
network of linked OHV trails. The author points out that this
bill does not waive driver's license requirements or alter
limitations on the use of combined highways by OHVs to operate,
for example, during hours of darkness.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093