BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: Ab 1266
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Nielsen
VERSION: 8/29/12
Analysis by: Carrie Cornwell FISCAL: no
Hearing date: August 30, 2012 URGENCY: YES
SUBJECT:
Recreational off-highway vehicles
DESCRIPTION:
This bill makes minor changes to the recently enacted law
governing the operation of recreational off-highway vehicles
(ROHVs).
ANALYSIS:
A person may not drive a motor vehicle on any street, road, or
highway open to the public (highway) unless the owner registers
the vehicle with the Department of Motor Vehicles (DMV).
Existing law prohibits the operator of an off-highway motor
vehicle (OHV) from driving the OHV upon any highway, except to
cross a highway or when a highway is closed due to snow. OHVs
include several types of vehicles not designed or intended for
highway use, including dune buggies, certain motor bikes,
snowmobiles, and all-terrain vehicles (ATVs).
In order to operate an OHV on public lands, the owner must apply
to DMV to register the OHV and receive an OHV identification
sticker, which serves in lieu of a license plate and includes a
unique number for each OHV.
Existing law generally allows a person of any age to operate an
OHV, provided that the person can reach the controls necessary
to operate the vehicle safely, and prescribes various rules for
the operation of and equipment on specified OHVs. For example,
while on public lands the operator of an ATV must wear a helmet
and may not transport passengers.
AB 1595 (Cook), Chapter 165, Statutes of 2012, which will take
effect on January 1, 2012, defines ROHVs as a motor vehicle
designed for operation primarily off of the highway and that
has:
AB 1266 (NIELSEN) Page 2
A steering wheel;
Non-straddle seating for the operator and passengers;
A maximum speed capability of greater than 30 miles per
hour; and
An engine displacement equal to or less than 1,000 cubic
centimeters.
AB 1595 includes ROHVs among OHVs subject to DMV registration
and identification requirements and establishes the following
requirements for the operation of ROHVs on public lands:
An ROHV operator must be at least 16 years old or be
directly supervised in the vehicle by a parent, guardian,
or adult authorized by a parent or guardian;
ROHV operators and passengers must wear safety helmets
as well as seatbelts and shoulder belts or safety harnesses
that are properly fastened when the vehicle is moving;
All passengers must occupy seats provided by the
manufacturer; and
An ROHV passenger must be able to grasp the occupant
handhold with the seat-shoulder belt or safety harness
fastened while seated upright with his or her back up
against the seatback and with both feet flat on the
floorboard.
This bill :
1.Delays until July 1, 2013, the effective date of the
requirement that all passengers occupy seats provided by the
manufacturer; and
2.Deletes the requirement that an ROHV passenger must be able to
put both feet flat on the floorboard when seated upright and
grasping the handhold with the safety harnessed fastened.
COMMENTS:
1.Purpose . Earlier this year, the Legislature passed and
Governor Brown signed AB 1595 (Cook), which added the
definition of ROHVs and safety rules for their operation to
state law. AB 1595 passed this committee on June 19 on the
consent calendar with a 9 to 0 vote. The safety requirements
AB 1266 (NIELSEN) Page 3
of AB 1595 include the use of a seatbelts or harnesses,
wearing helmets, and seating standards.
Since the governor signed AB 1595 in July, the author reports
that two major issues have emerged. The first arises from AB
1595's requirement that all ROHV passengers be able to sit
"with both feet flat on the floorboard" while wearing the seat
belt or harness and grasping the safety handhold. Some have
expressed concern that the requirement effectively bans
children and shorter adults from being able to ride as
passengers because their feet do not touch the floor when
secured in the vehicle.
The second issue comes from AB 1595's requirement that
passengers may not occupy a seat unless it was designed and
provided by the manufacturer. The author states that he
included this in AB 1595 to prevent individuals from using
unsafe, after market seats that lacked proper harnesses and
roll cages. The author now notes that this seat requirement
will make thousands of modified ROHVs illegal to use beginning
January 1, despite having additional seats professionally
installed that meet or exceed the safety of the original
manufacturer seats.
This bill attempts to remedy both of these issues. It deletes
the provision requiring passengers be able to sit "with both
feet flat on the floorboard" while restrained to allow
children and short people to continue to ride. This bill also
delays the implementation of the provision dealing with
separate seat locations until July 1, 2013. This author
states that this will provide time during the next legislative
session to enact a bill that will allow persons who have added
safe aftermarket seats to their vehicles to continue operating
those vehicles, while preventing the sort of dangerous seats
that the author intended to target through AB 1595.
2.Senate Rule 29.10 hearing . The author amended this bill on
the Senate Floor last week, deleting the previous contents of
the bill and replacing it with these changes to AB 1595.
Because of these amendments, the Senate Rules Committee
referred this bill to the committee under Senate Rule 29.10 in
order for the committee to review the new subject matter of
this bill. On a 29.10 hearing such as this, the committee may
only take one of two actions: 1) hold the bill or 2) return
the bill to the Senate Floor.
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Assembly votes are not relevant.
POSITIONS: (Communicated to the committee before noon on
Wednesday, August
29, 2012)
SUPPORT: American Sand Association
OPPOSED: None received.