BILL ANALYSIS
SB 1229
Page 1
Date of Hearing: June 14, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 1229 (Denham) - As Amended: May 19, 2010
SENATE VOTE : 36-0
SUBJECT : Implements of husbandry: all-terrain vehicles
SUMMARY : Adds all-terrain vehicles (ATVs) to the illustrative
list that describes implements of husbandry.
EXISTING LAW :
1)Defines "implement of husbandry" as a vehicle that is used
exclusively for agricultural operations and lists examples of
such vehicles, including:
a) A cotton trailer when used on highways for the exclusive
purpose of transporting cotton from a farm to a cotton gin;
b) A wagon or van used exclusively for carrying farming
products from one part of a farm to another farm; and,
c) Any vehicle operated on a highway only for purposes of
transporting agricultural products and for a distance that
does not exceed one mile.
2)Generally provides that a vehicle designed primarily for
transporting persons or property on a highway is not an
implement of husbandry.
3)Exempts implements of husbandry from vehicle registration
requirements.
4)Exempts a person driving or operating an implement of
husbandry from driver's license requirements, with some
exceptions.
FISCAL EFFECT : Unknown
COMMENTS : Existing law specifically cites over one dozen
different vehicle types in a non-inclusive list of examples of
implements of husbandry. An ATV, used for agricultural purposes
SB 1229
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and operated only incidentally on a highway, is not inconsistent
with other types of vehicles on the list. Although the list is
not intended to be exhaustive, there is some concern that an ATV
may not consistently be considered by law enforcement to fall
within the definition of an implement of husbandry. This bill
would remove any ambiguity.
According to the author, ATVs are often used by farmers and
ranchers to manage day-to-day operations over many tracts of
land. Many tracts of land are separated by public roads and, in
the course of farm and ranch operations it is often necessary to
use these roads to access the next property using an ATV.
The California Farm Bureau (CFB) contends that ATVs are an
efficient and economical substitute for pick-up trucks, horses,
tractors, and even walking in many farming and ranching
operations. CFB asserts that ATVs are used increasingly to, for
instance, inspect crops and livestock, inspect and repair
irrigation systems and fence lines, supervise field crews, herd
livestock, mark timber, seed, fertilize, mow, move dirt, and
transport supplied and equipment.
Writing in opposition to this bill, the Teamsters argue that the
bill would allow agricultural vehicles to operate on public
highways and, thus, risk public safety.
REGISTERED SUPPORT / OPPOSITION :
Support
California Cattlemen's Association
California Farm Bureau Federation
Taddei Vineyards
Western Growers
Numerous individuals
Opposition
Teamsters
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093