BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 2111
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: campos
VERSION: 5/3/12
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: June 19, 2012
SUBJECT:
Implements of husbandry
DESCRIPTION:
This bill adds utility terrain vehicles and farm shade trailers
to the list of vehicles exempt from registration when used
exclusively in off-road, agricultural operations.
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).
Existing law defines "an implement of husbandry" as a vehicle
used exclusively in the conduct of agricultural operations that
was not designed primarily to transport persons or property upon
a highway. Existing law enumerates an illustrative list of
implements of husbandry that includes:
Any vehicle operated on a highway only for the purpose of
transporting agricultural products provided in no event it
is operated along a highway for a total distance greater
than one mile from the point of origin of the trip.
A wagon or portable house on wheels used solely by
shepherds as a permanent residence in connection with sheep
raising operations moved from one part of the ranch to
another or from ranch to ranch that is only incidentally
moved on a highway.
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Any farm tractor, cotton module mover, automatic bale
wagon, or portable honey-extracting trailer.
ATVs used in agricultural operations.
Existing law exempts from registration with DMV an implement of
husbandry that is only incidentally operated or moved over a
highway and exempts from registration a trailer owned and used
exclusively by a farmer to haul his own implement of husbandry,
a portable sanitary facility, or tools used exclusively to
produce or harvest agricultural products.
State law further exempts implements of husbandry from various
equipment requirements, including requirements to have a
windshield, windshield wipers, and specified lighting. In
general, the operator of an implement of husbandry need not have
a driver's license.
This bill :
1.Defines a "shade trailer" as a device designed and used to
provide shade in order to comply with California workplace
safety orders requiring shade for outdoor workers when the
temperature exceeds 85 degrees.
2.Adds shade trailers to the list of those items a farmer may
haul on a trailer exempt from vehicle registration.
3.Defines a "utility terrain vehicle" (UTV) as a vehicle that is
used exclusively off of the highway and that:
was designed to operate off-road;
is suspended on four tires;
has a steering wheel for steering control; and
has one seat to accommodate a driver and one passenger
sitting side by side.
1.Adds UTVs used exclusively in agricultural operations to the
illustrative list of implements of husbandry enumerated in
existing law.
COMMENTS:
1.Purpose . Proponents note that the UTV is a popular vehicle
used for smaller jobs around the farm and ranch because they
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are inexpensive, fuel efficient, and more easily maneuvered in
areas too small for a pickup. The UTV is equipped with a
steering wheel, side-by-side seating, and a small enclosed bed
convenient for carrying tools and small equipment. The UTV
has also become more widely used due to its stability and
increased safety for the driver. Many models are equipped
with roll-over safety structures. This bill ensures that UTVs
qualify as implements of husbandry under the Vehicle Code.
The shade trailer is used on the farm to provide a shaded rest
area for employees while working in the field. Farmers
already use trailers designated as implements of husbandry to
haul portable sanitation facilities between fields to meet
California labor standards related to field sanitation. This
bill clarifies that trailers deployed as shade structures to
comply with California's heat illness prevention standard
would also be designated as implements of husbandry.
2.ATVs vs. UTVs . ATVs are off-road vehicles with handle bars
and a seat that the operator straddles, as opposed to UTVs
which are more like a small pickup with a steering wheel and a
bench seat. ATVs are generally smaller than UTVs, and both
are used in agricultural operations. The UTV is more
typically used for hauling tools or other materials on a farm
or ranch while ATVs are used to herd stock or travel around
the farm or ranch.
Assembly Votes:
Floor: 73 - 0
Appr: 17 - 0
Trans: 14 - 0
POSITIONS: (Communicated to the Committee before noon on
Wednesday, June 13,
2012)
SUPPORT: California Farm Bureau (sponsor)
California Cattlemen's Association
California Women in Agriculture
OPPOSED: None received.
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