BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1835
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Olsen
VERSION: 2/18/14
Analysis by: Carrie Cornwell FISCAL: no
Hearing date: June 24, 2014
SUBJECT:
Recreational off-highway vehicles: helmets
DESCRIPTION:
This bill repeals the requirement that an adult who operates or
rides in a recreational off-highway vehicle wear a safety
helmet.
ANALYSIS:
Off-highway motor vehicles (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.
In 2012, AB 1595 (Cook), Chapter 165, defined a recreational
off-highway vehicle (ROHV) 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
An engine displacement equal to or less than 1,000 cubic
centimeters
AB 1835 (OLSEN) Page 2
AB 1595 included ROHVs among OHVs subject to DMV registration
and identification requirements and established requirements for
the operation of ROHVs, including that all ROHV operators and
passengers must wear safety helmets.
This bill repeals the requirement that an ROHV operator or
passenger wear a safety helmet, if
The operator or passenger is at least 18 years of age
The operator or passenger is wearing a seat belt and is seated
in a seat installed by the manufacturer
The manufacturer of the ROHV equipped it with a roll bar
COMMENTS:
1.Purpose . ROHVs operate somewhat like a car or small pickup
truck, in which the driver and passengers sit in full seats
and the driver uses a steering wheel to maneuver the vehicle,
as opposed to an ATV, in which the operator straddles the
vehicle and uses handlebars. The author notes that ROHVs are
used daily by recreational users for outdoor enjoyment and for
farmers and builders to haul materials. Proponents note that
ROHVs come equipped with roll cages, seat belts, and shoulder
harnesses, which make the likelihood of ejection less than
that of a car or a golf cart. They further note that a helmet
can make it more difficult to operate an ROHV because helmets
obscure the operator's vision and can cause fatigue,
particularly in hot weather. The author, therefore,
introduced this bill to make the wearing of helmets while
operating or riding in an ROHV optional for adults.
2.Previous legislation regulating ROHVs . In 2012, the
Legislature unanimously passed and Governor Brown signed AB
1595 (Cook), which added the definition of ROHVs and safety
rules for their operation to state law. The safety
requirements of AB 1595 included:
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
AB 1835 (OLSEN) Page 3
manufacturer.
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.
Beginning just a few weeks after the governor signed AB 1595
in July 2012, those who own, operate, and recreate in ROHVs
have objected to some of the safety rules contained in
AB 1595. Two subsequent bills have changed those rules, as
follows:
AB 1266 (Nielsen), Chapter 529, statutes of 2012,
delayed until July 1, 2013, the effective date of the
requirement that all passengers occupy seats provided by
the manufacturer, and deleted 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 harness fastened.
SB 234 (Walters), Chapter 179, statutes of 2013, limits
the requirement that passengers in an ROHV may only sit in
seats installed by the original manufacturer to ROHVs with
a 2014 or later model year.
1.Opposition . The Recreational Off-Highway Vehicle Association,
a trade association made up of the manufacturers and
wholesalers of ROHVs, sponsored AB 1595 in 2012. The
association asserts that the presence of roll bars and the use
of seat belts while riding in ROHVs do not mitigate the need
for operators and passengers to wear helmets. In its letter
of opposition, the association cites U.S. Consumer Product
Safety Commission (CPSC) studies showing that lack of helmet
use is implicated in 53 percent of ROHV injury and fatality
accidents.
Also writing in opposition to the bill, the California Medical
Association claims that requiring drivers and passengers of
ROHVs to wear helmets is grounded in sound public policy. The
medical association also cites similar CPSC statistics
regarding ROHV injuries and notes that in nearly 70% of
crashes the ROHV rolled over, with the majority of these
accidents causing ejection of the passengers. Despite the
roll bar and other safety measures contained in the ROHV, the
AB 1835 (OLSEN) Page 4
medical association asserts that ejections caused the majority
of ROHV-related deaths and that these deaths could have been
avoided through helmet use.
Assembly Votes:
Floor: 44-23
Trans: 9- 6
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 18,
2014.)
SUPPORT: American Brotherhood Aimed Towards Education
Outdoor Sportsmen's Coalition of California
4 individuals
OPPOSED: California Chapter of the American College of
Emergency Physicians
California Medical Association
County Health Executives Association of
California
Recreational Off-Highway Vehicle Association