BILL ANALYSIS �
AB 1266
Page 1
( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 1266 (Nielsen and Cook)
As Amended August 29, 2012
2/3 vote. Urgency
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|ASSEMBLY: | |(May 19, 2011) |SENATE: |39-0 |(August 31, |
| | | | | |2012) |
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(vote not relevant)
Original Committee Reference: L.GOV .
SUMMARY : Delays the effective date of a recently-enacted
requirement that Recreational Off-Highway Vehicles (ROHV)
passengers must occupy seats provided by the vehicle
manufacturer and deletes the requirement that ROHV passengers be
able to place both feet flat on the floor board when riding in
an ROHV. This bill would take effect immediately as an urgency
statute.
The Senate amendments :
1)Delete the entire contents of the bill and replace it with
provisions related to ROHVs.
2)Add an urgency clause.
EXISTING LAW :
1)Defines off-highway vehicles (OHVs) as vehicles such as racing
motorcycles, trail bikes, mini bikes, dune buggies,
all-terrain vehicles, jeeps, and snowmobiles that are operated
exclusively off public roads and highways.
2)Requires the Department of Parks and Recreation to adopt
courses, in consultation with the California Department of
Highway Patrol (CHP) and other public and private agencies and
organizations with regard to OHV safety, operation, and
principles of environmental preservation.
3)Establishes certain criteria for all-terrain vehicles (ATVs)
including safety training courses and certain age restrictions
AB 1266
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for their operation and use.
4)Requires persons operating ATVs on state lands to wear an
approved motorcycle safety helmet.
AS PASSED BY THE ASSEMBLY , this bill dealt with topics related
to Williamson Act advisory boards.
FISCAL EFFECT : Unknown
COMMENTS :
AB 1595 (Cook), Chapter 165, Statutes of 2012, defined ROHVs as
a motor vehicle designed for operation primarily off of the
highway and that has 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. The bill established
certain requirements for the operation of ROHVs on public lands,
including:
1)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.
2)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.
3)All passengers must occupy seats provided by the manufacturer.
4)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.
Following the enactment of AB 1595 (Cook) earlier this year,
numerous RHOV user groups and individuals contacted the author
noting that it is common practice to change out seats in ROHVs
to accommodate additional passengers. Many ROHV owners
expressed concerns that their vehicles (with owner-installed
after-market seating) would no longer be legal in California
after January 1, 2013. Additionally, many ROHV owners expressed
concerns that they would no longer be allowed to transport
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children in their ROHVs because of the requirement that
passengers must be able to put both feet flat on the floorboard
when grasping the handhold with the safety harnessed fastened
and seated upright.
This bill addresses ROHV owners' late-rising concerns by
delaying the effective date of the requirement that all
passengers must occupy seats provided by the vehicle
manufacturer from January 1, 2013, until July 1, 2013, in order
to give ROHV owners additional time to comply or for legislation
to be introduced in the upcoming legislative session to better
define after-market seat requirements.
The bill also deletes the provision requiring that an ROHV
passenger must be able to place both feet flat on the floorboard
when grasping the handhold with the safety harness fastened and
seated upright. By eliminating this provision, ROHV owners will
be able to continue to allow children to ride as passengers in
ROHVs.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916)
319-2093
FN: 0005839