BILL ANALYSIS �
AB 1595
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ASSEMBLY THIRD READING
AB 1595 (Cook)
As Amended May 21, 2012
Majority vote
TRANSPORTATION 13-0 APPROPRIATIONS 17-0
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|Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Harkey, |
| |Jeffries, Achadjian, | |Blumenfield, Bradford, |
| |Blumenfield, Bonilla, | |Charles Calderon, Campos, |
| |Buchanan, Eng, Carter, | |Davis, Donnelly, Gatto, |
| |Galgiani, Miller, Norby, | |Hall, Hill, Lara, |
| |Portantino, Solorio | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Defines a "recreational off-highway vehicle" (ROHV)
and establishes requirements for their operation.
Specifically, this bill :
1)Defines ROHVs as a motor vehicle that:
a) Is designed by the manufacturer for operation primarily
off of the highway;
b) Has a steering wheel for steering control;
c) Has non-straddle seating provided for the operator and
all passengers;
d) Has maximum manufacturer-designed speed capability of 30
miles per hour (mph) or more but can be modified to reach
speeds greater than 30 mph; and,
e) Has an engine displacement equal to or less than 1,000
cubic centimeters (cc) or 61 cubic inches (ci).
2)Adds ROHVs to the list of off-highway motor vehicles subject
to Department of Motor Vehicle (DMV) identification
requirements.
3)Establishes requirements for the operation of ROHVs including:
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a) The requirement that a person operating an ROHV 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;
b) The requirement that passengers in ROHVs wear specified
safety helmets;
c) The requirement that operators and passengers in ROHVs
wear seatbelts and shoulder belts or safety harnesses that
are properly fastened when the vehicle is moving;
d) The requirement that all passengers occupy seats
provided by the manufacturer; and,
e) The requirement that ROHV operators ride only with
passengers that can grasp the handhold while seated in an
upright position with his or her feet flat on the floor and
back against the seatback while wearing a properly fastened
seatbelt and shoulder belt.
4)Makes related, clarifying changes.
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)Prohibits vehicles registered as OHVs from being operated on
public streets.
3)Requires certain OHVs to display an identification plate or
device issued by DMV.
4)Generally prohibits operation of an all-terrain vehicle (ATV)
on public lands by person under the age of 18.
5)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.
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6)Prohibits a person from driving an OHV at a speed greater than
is reasonable or prudent and establishes a prima facie speed
limit of 15 mph within 50 feet of any concentration of people
or animals.
7)Establishes certain criteria for ATVs including safety
training courses and certain age restrictions for their
operation and use.
8)Requires persons operating ATVs on state lands to wear an
approved motorcycle safety helmet.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, absorbable state costs.
COMMENTS : By introducing this bill, the author intends to
define ROHVs as a distinct and separate class of vehicles and
establish specific requirements governing their safe operation
and use. The sponsor, the Recreational Off-Highway Vehicle
Association (ROHVA), indicates that the two primary reasons for
distinguishing these vehicles is that ROHVs handle differently
from ATVs, which are maneuvered by rider-movement (i.e., griping
the handle bars and leaning into turns in a saddle-type seat).
ROHVs operate more like a standard car, where the driver and
passengers sit in full seats and the vehicle is maneuvered using
a steering wheel. The sponsor indicates that because these
vehicles are relatively new and different, there are no laws
that directly govern their safe operation. By defining these
vehicles in law and specifically describing operational
requirements, rangers at recreational vehicle areas around the
state will have a basis for enforcing safety and vehicle
identification requirements for ROHVs.
Specifically, this bill would define an ROHV as a motor vehicle
that is designed by the manufacturer for operation primarily
off-road that has a steering wheel for steering control,
non-straddle seating for the driver and passengers, a 1,000 cc
engine, and has a maximum speed capability of greater than 30
mph but also allows for maximum speed capability of greater than
30 mph if the vehicle has been modified. With regard to speed
requirements, the sponsor notes that ROHVs, by definition, can
achieve speeds of greater than 30 mph; however, speeds at
recreational vehicle areas are individually established for
conditions as appropriate. The sponsor also notes that
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modifications for higher speeds are primarily carried out to
allow operators to participate in sanctioned racing events.
The operational guidelines for ROHVs, as provided for in this
bill, are based on reports by U.S. Consumer Product Safety
Commission (CPSC) that show that the most common injury
accidents for ROHVs result when riders and passengers fail to
wear seatbelts and safety. Studies analyzing the CPSC data also
show that in addition to not wearing safety helmets and seat
belts, under-age driving, driving on paved surfaces, and driving
at excessive speeds also contributes to accidents. To address
these factors, operational requirements for ROHVs described in
this bill include the requirement that ROHV operators be at
least age 16 years old, unless they are directly supervised by a
parent or guardian or by and adult authorized by a parent or
guardian. The bill also requires that all persons operating or
riding in ROHVs must wear safety helmets meeting requirements
established for motorcycles or motorized bicycles and that
operators and passengers must wear seatbelts and shoulder belt
or safety harnesses that are properly fastened when the ROHV is
in motion. The bill further specifies that persons operating
ROHVs must not allow passengers to sit in areas other than
designated seats provided by the manufacturer and that
passengers and that operators ride only with passengers that can
grasp the handhold while seated in an upright position with his
or her feet flat on the floor and back against the seatback
while wearing a properly fastened seatbelt and shoulder belt.
Writing in support of the legislation, the Kawasaki Motors Corp,
notes that this bill would help to establish safety requirements
for ROHV use and promote and ensure responsible and safe use of
these vehicles. They point out that by AB 1595 including the
definition of ROHVs in law, the bill will help to define both
the vehicle and rules of safe operation that will serve as
guidance for counties and cities in the management of their ROHV
areas. Kawasaki also notes that the bill will also lead to
statewide enforcement consistency.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093
FN: 0003644
AB 1595
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