BILL ANALYSIS �
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THIRD READING
Bill No: AB 1835
Author: Olsen (R)
Amended: 7/1/14 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-0, 6/24/14
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Roth, Wyland
NO VOTE RECORDED: Pavley
ASSEMBLY FLOOR : 44-23, 5/23/14 - See last page for vote
SUBJECT : Recreational off-highway vehicles: helmets
SOURCE : Author
DIGEST : This bill specifies that the requirement for the
driver and passengers of a recreation off-highway vehicle (ROHV)
to wear a helmet only applies on public land.
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 the Department of Motor
Vehicles (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
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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 an "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 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 specifies that the requirement for the driver and
passengers of an ROHV to wear a helmet only applies on public
land.
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 manufacturer.
An ROHV passenger must be able to grasp the occupant handhold
with the seat-shoulder belt or safety harness fastened while
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seated upright with his/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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 7/1/14)
American Brotherhood Aimed Towards Education
Outdoor Sportsmen's Coalition of California
OPPOSITION : (Verified 7/1/14)
California Chapter of the American College of Emergency
Physicians
California Medical Association
County Health Executives Association of California
ARGUMENTS IN SUPPORT : 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
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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.
ARGUMENTS IN OPPOSITION : The Recreational Off-Highway Vehicle
Association (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% of ROHV injury and fatality
accidents.
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 Medical Association
asserts that ejections caused the majority of ROHV-related
deaths and that these deaths could have been avoided through
helmet use.
ASSEMBLY FLOOR : 44-23, 5/23/14
AYES: Achadjian, Alejo, Allen, Bigelow, Bocanegra, Bradford,
Ian Calderon, Ch�vez, Conway, Dababneh, Dahle, Daly, Donnelly,
Eggman, Fox, Beth Gaines, Gatto, Gorell, Gray, Grove, Hagman,
Hall, Holden, Jones, Jones-Sawyer, Linder, Logue, Maienschein,
Mansoor, Melendez, Nestande, Olsen, Patterson, Perea, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Salas, Stone, Wagner,
Waldron, Wilk, Atkins
NOES: Ammiano, Bloom, Bonilla, Bonta, Buchanan, Chesbro,
Dickinson, Frazier, Gomez, Gonzalez, Gordon, Levine,
Lowenthal, Medina, Mullin, Muratsuchi, Pan, John A. P�rez,
Skinner, Ting, Weber, Wieckowski, Yamada
NO VOTE RECORDED: Brown, Campos, Chau, Cooley, Fong, Garcia,
Harkey, Roger Hern�ndez, Nazarian, V. Manuel P�rez, Rodriguez,
Williams, Vacancy
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JA:e 7/2/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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