BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 2338
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: conway
VERSION: 5/28/10
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: June 22, 2010
SUBJECT:
Off-Highway Vehicles
DESCRIPTION:
This bill authorizes the County of Inyo to designate segments of
its county roads that are greater than three miles in length for
combined use by cars and off-highway vehicles.
ANALYSIS:
Existing law prohibits an off-highway motor vehicle (OHV) from
being driven upon any public highway or street, except to cross
a highway or when a highway is closed due to snow. Existing law,
however, also allows a local authority, the federal government,
or the Department of Parks and Recreation to permit both OHVs
and motor vehicles on road segments of up to three miles in
length under its jurisdiction, if:
A segment connects OHV trails, connects an OHV
recreational use area and necessary services, or connects an
OHV recreational use area to lodging facilities;
The local authority finds that the road segment is
designed and constructed to safely permit the use of regular
vehicular traffic and the driving of OHVs;
The Commissioner of the California Highway Patrol (CHP)
declares that allowing combined use on a given road segment
would not create a potential traffic safety hazard;
The local authority adopts a resolution or ordinance
authorizing the combined use and prescribing rules and
regulations governing that combined use; and
AB 2338 (CONWAY) Page 2
The local authority erects signs on and along the road
indicating combined use.
Drivers of OHVs that are operated on the road pursuant to a
local authority's combined use authorization must comply with
all provisions of the California Vehicle Code, including
possessing a valid driver's license, obeying speed laws,
possessing evidence of insurance, and wearing a helmet while on
a motorcycle. In no case, however, may an OHV be operated on a
road after dark.
This bill :
1.Makes finding and declarations about Inyo County to emphasize
its vast size and small population.
2.Declares the Legislature's intent to allow combined use of
county roads segments that are longer than three miles in Inyo
County to link existing OHV trails and OHV trailheads on
federal lands.
3.Exempts a county road segment located in an unincorporated are
of the County of Inyo from the limit that it be no more than
three miles in length in order to be designated for combined
use. The Commissioner of the CHP may deem that a particular
designation of longer than three miles would create a
potential traffic safety hazard and thereby override this
exemption.
COMMENTS:
1.Purpose . The author points out that the vast majority of Inyo
County is national parks and other publicly owned land with
only 1.6 percent of the county in private ownership. She
introduced this bill to create a better linked trail system
there that will assist land managers in keeping OHVs out of
places where their use cannot be tolerated and provide an
economic base to the economy of the small communities within
that county. The author asserts that the OHV trails for this
linked system currently exist so no new infrastructure is
necessary. Inyo County could enjoy many positive impacts if it
had more flexibility on combined use highway restrictions.
2.CHP duties . The CHP raises several concerns about the bill. It
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states, for example, that a large portion of Inyo County is
federal land over which the CHP has no jurisdiction and that
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. In response,
the proponents indicate that the read segments they intend to
include under this bill's combined use provisions are limited
and include roughly graded, gravel roads. In addition, they
note the 20-year success of a similar combined use OHV trail
system in Inyo County, the Paiute ATV Trail, which is
contained within the Fishlake National Forest.
Assembly Votes:
Floor: 76 - 0
Appr: 17 - 0
Trans: 13 - 0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 16, 2010)
SUPPORT: Big Pine Civic Club
Bishop Chamber of Commerce and Visitors Bureau
Inyo County
OPPOSED: None received.