BILL ANALYSIS
AB 2338
Page 1
Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2338 (Conway) - As Amended: April 22, 2010
Policy Committee:
TransportationVote:13-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill to authorizes off-highway vehicles (OHV) to operate on
county roads in unincorporated areas of Inyo County, under
certain conditions. Specifically, the bill:
1)Allows OHV's to operate on county roads in unincorporated
areas in Inyo County, without regard to the existing
limitation that a highway segment designated for combined OHV
and regular traffic use may not be longer than three miles
long.
2)States that the provision will not be operative if the
California Highway Patrol (CHP) Commissioner finds that the
highway is not properly designed and constructed to permit the
safe driving of both regular vehicles 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.
FISCAL EFFECTS
1)The CHP indicates that the bill would result in significant
costs, potentially in the hundreds of thousands of dollars, to
conduct studies of each county road to determine whether it is
designed and constructed for the safe driving of both motor
vehicles and OHVs.
2)Unknown, potentially significant legal liabilities to the
AB 2338
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state associated with potential injuries.
COMMENTS
1)Rationale . According to the author, the bill is intended
provide Inyo County the opportunity to explore options for
developing a greater network of linked OHV trails. The bill's
findings and declarations state that the county is only 2%
inhabited, and that it offers numerous opportunities to
explore and recreate. 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.
2)Background . Current law generally prohibits a vehicle
registered as an OHV from being operated on public streets and
highways, except to cross the highway or under the condition
that a local authority, a federal government agency, or the
Department of Parks and Recreations, designates a segment
under their jurisdiction for combined use of OHVs and regular
traffic. The highway segment cannot be longer than three
miles. It is also unlawful to operate an OHV on a designated
combined-use highway during darkness, without a stop light or
rubber tires, and without a driver's license appropriate for
the class of vehicle being operated.
3)Concerns . The CHP raises several concerns about the bill. It
states, for example, that a large portion of Inyo County is
Federal land which the CHP has no jurisdiction over, and
conducting a study on each county road would involve major
resources and costs to state and local governments. It also
indicates there could be increased civil liability to the
state in cases of injury, given that OHVs are not designed to
be operated on highways, and that the scope of the bill is so
broad that there is high probability of misuse.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081