BILL ANALYSIS �
AB 1835
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1835 (Olsen)
As Amended July 1, 2014
Majority vote
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|ASSEMBLY: |44-23|(May 23, 2014) |SENATE: |26-8 |(August 14, |
| | | | | |2014) |
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Original Committee Reference: TRANS.
SUMMARY : Specifies that the requirement to wear a helmet while
operating a recreational off-highway vehicle (ROHV) only applies
when the ROHV is being operated on public lands.
The Senate amendments delete the provision that would have
exempted ROHV passengers and operators 18 years of age and older
from the requirement to wear a helmet, as specified, and instead
provides that ROHV operators and passengers must wear helmets
only when the ROHV is operated on public lands.
EXISTING LAW :
1)Defines an ROHV as a vehicle designed by the manufacturer for
operation primarily off of the highway, with a steering wheel
for steering control, non-straddle seating,
manufacturer-installed seating for 2014 or later model year
vehicles, designed maximum speed capability of 30 miles per
hour (mph) or less, and an engine displacement of equal to or
less than 1,000 cubic centimeter (cc).
2)Requires that ROHVs display an identification plate issued by
the California Department of Motor Vehicles (DMV).
3)Prohibits a person from operating or allowing passengers to
ride in an ROHV unless the operator and passengers are wearing
safety helmets that meet the requirements established for
motorcycles and motorized bicycles.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : AB 1595 (Cook), Chapter 165, Statutes of 2012, set
forth the definition of an ROHV and established certain
AB 1835
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requirements for their safe operation on public lands including,
among other things, the requirement that all ROHV operators and
passengers wear safety helmets.
After the passage of AB 1595, the ROHV community learned of this
bill's requirements and expressed concerns, among other things,
about the newly imposed helmet requirement. They, along with
the author, contend that adult ROHV users should be allowed to
decide for themselves whether helmet use is necessary and
appropriate, particularly since ROHVs have a lower center of
gravity, shoulder harnesses, seat belts, and roll bars, all of
which, they believe, adequately protect the safety of an adult
user. To address these concerns, the author has introduced this
bill which would exempt adult drivers and passengers in ROHVs
from the requirement to wear a helmet as long as the vehicle is
equipped with a roll bar by the manufacturer, the operator or
passenger is seated in a manufacturer-installed seat, and they
are wearing a seat belt.
Amendments taken in the Senate delete the provision exempting
ROHV passengers and operators 18 years of age and older from the
requirement to wear a helmet, as specified, and instead provides
that ROHV operators and passengers must wear helmets only when
ROHVs are being operated on public lands.
Previous legislation: AB 1595 defined ROHVs and prescribed
safety regulations for their use on public lands among which
included the requirement that all ROHV passengers and operators
must wear safety helmets.
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 harnessed fastened.
SB 234 (Walters), Chapter 179, Statutes of 2013, limited the
requirement that passengers in recreational ROHVs may only sit
in seats installed by the original manufacturer to ROHV's with a
2014 or later model year.
AB 64 (Donnelly), Chapter 548, Statutes of 2013, the introduced
version of the bill would have made ROHV helmet requirements not
applicable to children secured in a child safety seat. This
provision was later removed and ultimately, AB 64 was
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substantially amended to address fifth-wheel travel trailer
lengths.
SB 334 (Fuller) of 2013, would have delayed for 18 months state
law that requires passengers in ROHVs to occupy seats provided
by the manufacturer of the ROHV. SB 334 bill died in the
Senate.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093
FN: 0004227