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#1 (permalink) |
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Newbie
Join Date: Jul 2004
Member # 32975
Posts: 57
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California helmet law
I read this on a UTV forum about a new law just passed in California, that would now require helmets in UTV's. There is also a section that appears to make it illegal for small kids to be passengers. If I read the section 38012 correctly, it appears to me that the helmet law would include, buggies, sand cars, and Jeeps when used off road.
Anyone in California have any knowledge of this? A link that shows how the law started as a tax reduction bill and where it ended up. I believe it was signed into law Tuesday by Gov. Brown. http://legiscan.com/gaits/text/620928 |
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#3 (permalink) | |
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Registered User
Join Date: Jan 2009
Member # 128380
Location: Huntington Beach, CA
Posts: 435
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Quote:
I've been informed about the then proposed law since about early May of this year. CORVA has an article in it's upcoming newsletter about this law. The provision you speak of is just a small part of a larger law. I'm in no way rendering an opinion on the subject by posting this to the forum. The information provided is here to educate those who read this topic and how it will affect them.
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Partnership for Johnson Valley - A Division of CTUC http://www.pfjv.org |
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#4 (permalink) |
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Granite Guru
Join Date: Sep 2003
Member # 22726
Location: Gilroy
Posts: 933
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Um, I read," that a vehicle commonly reffered to as a jeep". Does this mean that when I go off road in my geo I must wear a helmet too? If so that is fucked!
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The more things you own, the more they own you! |
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#5 (permalink) | |
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flamethrower
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Quote:
I can't imagine having to wear a full helmet, how are you supposed to hear anything around you, visibility is going to suck, not to mention they kill my neck they are so fricking heavy. Now I am going to have to retrofit harnesses too....this is total crap...I hate the way they sneak this crap passed us.
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What's all the Hub-bub about Blue Stars??? Click Here Haulin the Groceries AND Haulin the MAIL
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#6 (permalink) |
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Registered User
Join Date: Apr 2001
Member # 3975
Posts: 1,672
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BILL NUMBER: AB 1595 AMENDED
BILL TEXT AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Cook FEBRUARY 6, 2012 An act to amend Section 38012 of, to add Section 500 to, and to add Chapter 8 (commencing with Section 38600) to Division 16.5 of, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1595, as amended, Cook. Vehicles: recreationaloff-highway vehicles. (1) Existing law establishes rules for the operation of, and requirements for equipment of, an off-highway vehicle. A violation of these rules and requirements is a crime. This bill would additionally define a recreational off-highway vehicle, as defined, as an off-highway vehicle. The bill would establish additional requirements governing the operation of a recreational off-highway vehicle. Because a violation of these provisions is a crime, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: (Gee, I don't recall voting for this . . . )SECTION 1. Section 500 is added to the Vehicle Code , to read: 500. "Recreational off-highway vehicle" means a motor vehicle meeting all of the following criteria: (a) Designed by the manufacturer for operation primarily off of the highway. (b) Has a steering wheel for steering control. (c) Has nonstraddle seating provided by the manufacturer for the operator and all passengers. (d) (1) Has a maximum speed capability of greater than 30 miles per hour. (e) Has an engine displacement equal to or less than 1,000cc (61 ci). (2) A vehicle designed by the manufacturer with a maximum speed capability of 30 miles per hour or less but is modified so that it has a maximum speed capability of greater than 30 miles per hour satisfies the criteria set forth in this subdivision. SEC. 2. Section 38012 of the Vehicle Code is amended to read: 38012. (a) As used in this division, "off-highway motor vehicle subject to identification" means a motor vehicle subject to the provisions of subdivision (a) of Section 38010. (b) As used in this division, "off-highway motor vehicle" includes, but is not limited to, the following: (1) A motorcycle or motor-driven cycle, except for any motorcycle that is eligible for a special transportation identification device issued pursuant to Section 38088. (2) A snowmobile or other vehicle designed to travel over snow or ice, as defined in Section 557. (3) A motor vehicle commonly referred to as a sand buggy, dune buggy, or all-terrain vehicle. (4) A motor vehicle commonly referred to as a jeep. (5) A recreational off-highway vehicle as defined in Section 500. SEC. 3. Chapter 8 (commencing with Section 38600) is added to Division 16.5 of the Vehicle Code , to read: CHAPTER 8. RECREATIONAL OFF-HIGHWAY VEHICLES 38600. A person operating a recreational off-highway vehicle shall be at least 16 years of age, or be directly supervised in the vehicle by a parent or guardian or by an adult authorized by the parent or guardian. 38601. A person shall not operate, or allow a passenger in, a recreational off-highway vehicle unless the person and the passenger are wearing safety helmets meeting the requirements established for motorcycles and motorized bicycles pursuant to Section 27802. 38602. A person operating, and any passenger in, a recreational off-highway vehicle shall wear a seatbelt and shoulder belt or safety harness that is properly fastened when the vehicle is in motion. 38603. A person operating a recreational off-highway vehicle shall not allow a passenger to occupy a separate seat location not designed and provided by the manufacturer for a passenger. 38604. A person operating a recreational off-highway vehicle shall not allow a passenger to grasp the occupant handhold unless the passenger, while seated upright with his or her back against the seatback and both feet flat on the floor, can do so with the seatbelt and shoulder belt or safety harness properly fastened. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. Source with original text: http://leginfo.ca.gov/pub/11-12/bill...d_asm_v98.html Cleaned up source: http://leginfo.ca.gov/pub/11-12/bill..._chaptered.pdf The entire evolution . . . http://leginfo.ca.gov/cgi-bin/postqu...ss=CUR&house=B Last edited by LYIN' KING; 07-27-2012 at 10:30 AM. Reason: Add 3rd source |
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#7 (permalink) |
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Registered User
Join Date: Apr 2001
Member # 3975
Posts: 1,672
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This was an industry liability reduction measure but given the way it was written, it seems as though they ended up shooting themselves and FAMILIES that recreate together using OHVs to have fun with their kids less than 16 of age who pilot their own vehicles, right in the foot!
The way I read the “Chaptered” version, it appears to prevent kids under the age of 16 from piloting any kind of youth sized or normal OHV without an adult on-board . . . period . . . helmet issue aside!!! That would certainly kill more jobs, businesses and communities that depend on motorized family recreation to survive. Here’s how I read read the “Chaptered” version of AB 1595 . . . Couple this . . . “38012. (a) As used in this division, "off-highway motor vehicle subject to identification" means a motor vehicle subject to the provisions of subdivision (a) of Section 38010. (b) As used in this division, "off-highway motor vehicle" includes, but is not limited to, the following: (1) A motorcycle or motor-driven cycle, except for any motorcycle that is eligible for a special transportation identification device issued pursuant to Section 38088. (2) A snowmobile or other vehicle designed to travel over snow or ice, as defined in Section 557. (3) A motor vehicle commonly referred to as a sand buggy, dune buggy, or all-terrain vehicle. (4) A motor vehicle commonly referred to as a jeep. (5) A recreational off-highway vehicle as defined in Section 500”. With this . . . “(1) A motorcycle or motor-driven cycle, except for any motorcycle that is eligible for a special transportation identification device issued pursuant to Section 38088” And this . . . “38600. A person operating a recreational off-highway vehicle shall be at least 16 years of age, or be directly supervised in the vehicle by a parent or guardian or by an adult authorized by the parent or guardian” You get this . . . ![]() At a minimum, it seems to effectively kill the use of ANY “youth sized” motorcycle, ATV, UTV/SXS or other such off-highway vehicle for children less than 16 years of age!!! Except . . . Sec. 38088 which exempts “race only” vehicles while used at insured sanctioned race events. Last edited by LYIN' KING; 07-29-2012 at 10:18 AM. |
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#8 (permalink) |
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Rock God
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looks like I will be putting a 1001cc sticker on my RZR LOL
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Ryan Morgan Tow Rig = 2006 Chevy Silverado 3500 Rock Toy = 1973 K5 Buggy Automatic Gates by Morgan and we are on Facebook too. Who is the FOTR? Who is the RTF? |
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#9 (permalink) | |
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Registered User
Join Date: Dec 2005
Member # 62884
Location: pollock pines, ca
Posts: 1,286
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Quote:
the way I read this it would only effect youths operating UTV's?
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Friend of Eldorado National Forest |
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#10 (permalink) |
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flamethrower
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Nope....I had to read it several times to get the jist....it's very unclear as usual....but again, that's what keeps the lawyers in business correct?
__________________
What's all the Hub-bub about Blue Stars??? Click Here Haulin the Groceries AND Haulin the MAIL
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#11 (permalink) |
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Registered User
Join Date: Apr 2001
Member # 3975
Posts: 1,672
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All else aside and like any other "Motor Vehicle Laws", it appears as though not only can I not ON MY OWN FREAKIN' PRIVATE PROPERTY have a beer "around or about" the UTV I own to work it. A rig that in five years of ownership has NEVER left private property (yet I pay the sticker fees every two years).
But now legally, I have to wear a damn helmet while using my UTV to work my PRIVATE property or risk being fined?? INEDIBLE!!! This is yet ANOTHER asinine POS law imposed without input from "We The People" to add to the already over burgeoning list!!!
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#12 (permalink) |
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Granite Guru
Join Date: Sep 2003
Member # 22726
Location: Gilroy
Posts: 933
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It will be just a matter of time until they make this law amended for all off roaders.
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The more things you own, the more they own you! Last edited by mannysouza; 07-28-2012 at 07:30 AM. |
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#13 (permalink) |
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flamethrower
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Time to contact the ROHVA..... http://www.rohva.org/
And their Facebook .... http://www.facebook.com/ROHVA Any bill that passes that easily is not a good bill.
__________________
What's all the Hub-bub about Blue Stars??? Click Here Haulin the Groceries AND Haulin the MAIL
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#14 (permalink) | |
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flamethrower
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Posted on their Facebook page
Quote:
__________________
What's all the Hub-bub about Blue Stars??? Click Here Haulin the Groceries AND Haulin the MAIL
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#16 (permalink) |
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flamethrower
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Only over 1000 cc's or 61 cubic inches....right?
__________________
What's all the Hub-bub about Blue Stars??? Click Here Haulin the Groceries AND Haulin the MAIL
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#17 (permalink) |
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Registered User
Join Date: Feb 2011
Member # 183010
Location: San Antonio, TX
Posts: 30
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Can't believe why anyone would still want to live in California. It's amazing the crazy laws is capable of writing up time after time. What's sad is that you'll see other states follow suit.
Glad I live in Texas. |
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#18 (permalink) |
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flamethrower
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We need to get some momentum here to get it fixed.
__________________
What's all the Hub-bub about Blue Stars??? Click Here Haulin the Groceries AND Haulin the MAIL
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#19 (permalink) | |
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MotorsportsSolutions
Join Date: Sep 2002
Member # 13974
Location: Chaos
Posts: 4,595
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Quote:
I am with you. I keep telling my higher ups this went beyond UTV's and they keep telling me no. I have pushed so hard I think I offended a few people, but I have been told they are going to allow me to talk directly with MIC council next week. I will hopefully prove you wrong, but I doubt it. As far as UTVs go I figured out a fix for the floor issue, and its simple. I am not a helmet law fan. by nature I could care less if you die. I should have the choice if I want to ride my motorcycle or OHV without a helmet. Darwin will sort me out. Libertarian's need to start stepping up and stop this two party BS.
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California Motorized Recreation Council (CMRC) Board Member Carrera Performance Group Clients include, Off Road Business Association International Side X Side Association OffRoadPress.com SXSPerformance.com Carrera Performance Group, LLC Off Road Solutions, from Marketing to Management |
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#20 (permalink) |
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Registered User
Join Date: Apr 2001
Member # 3975
Posts: 1,672
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Well dang Jeff, I'd care and be saddened if you died!!
![]() This is so new and sudden that the legal eagles haven't had a chance to analyze it as far as I know. I do not intend to wear a stinking helmet on private property, give me a damn ticket and I’ll fight the thing. Perhaps the PLF would even like to help me? It is my sincerest hope that you or someone else blows my assertions completely out of the windows. I would love to stand corrected. Last edited by LYIN' KING; 07-29-2012 at 10:24 AM. |
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#21 (permalink) | |
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Newbie
Join Date: Jul 2004
Member # 32975
Posts: 57
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Quote:
The 1000cc is in a different section and only applies to the vehicles(UTV's) covered there. |
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#22 (permalink) |
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Registered User
Join Date: Oct 2005
Member # 55622
Location: Hanford, Ca
Posts: 957
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I think some where down the road, they would want everyone to wear a helmet when off-highway...
It looks like even our so called friends in congress let us down on this one. I do not have a UTV, but have looked at buying one of the side by sides. It should be my choice to wear a helmet. todd
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#23 (permalink) | |
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Registered User
Join Date: Jul 2012
Member # 224879
Posts: 16
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Quote:
I believe that you are not reading this new law correctly. Read through it again and pay special attention to "off highway vehicle" and "recreational off highway vehicle". This law clearly distinguishes between the two. It does state that a "rohv" is also an "ohv", but that does not mean that an "ohv" is a "rohv". these new restrictions are only on "rohv" which has a pretty clear definition as set forth in the bill. SECTION 1. Section 500 is added to the Vehicle Code, to read: 500. “Recreational off-highway vehicle” means a motor vehicle meeting all of the following criteria: (a) Designed by the manufacturer for operation primarily off of the highway. (b) Has a steering wheel for steering control. (c) Hasnonstraddleseatingprovidedbythemanufacturerfort heoperator and all passengers. (d) (1) Has a maximum speed capability of greater than 30 miles per hour. (2) A vehicle designed by the manufacturer with a maximum speed capability of 30 miles per hour or less but is modified so that it has a maximum speed capability of greater than 30 miles per hour satisfies the criteria set forth in this subdivision. (e) Has an engine displacement equal to or less than 1,000cc (61 ci). All of the helmet and other restrictions are listed only for "recreational off highway vehicles" I think a lot of the confusion comes from the mention of sand buggies and jeeps in Section 2 38012. In the current law. 38010 states that all vehicles in section 38012 must be registered. Jeeps and sand buggies are already listed in the current 38012 law. Link to the current law the only change to this section is the addition of #5 "recreational off highway vehicles". Again 38012 is only the legal definition of vehicles that must be registered. Since they created this new group of vehicles "rohv" they had to amend 38012 to include it otherwise it would be exempt from registration. This new law does stink and it will impact my family very negatively. Luckily for the jeeps and all other vehicles that don't classify as rohv's they dodged a bullet on this one. Paul P.s. Bob I miss your posts over on rzrforums. Stop on in once in a while and say hi. |
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#24 (permalink) | |
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Registered User
Join Date: Apr 2001
Member # 3975
Posts: 1,672
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Quote:
Glad to see you are still active too! I believe you're right!!! They deviated from the previous SOP by adding the word recreational in front of OHV to create a new class of off-highway vehicles. Instead of just calling them what they are commonly known as, "UTV/SXS" following the same naming conventions previously used like they did for "motorcycle", "snowmobiles", "ATV", "sand buggy", "dune buggy" etc . This slipped right by me since I consider all OHVs "recreational". What really helped further clarify this for me is the following, which I had not previously read . . . ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1595| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1595 Author: Cook (R) Amended: 5/21/12 in Assembly Vote: 21 SENATE TRANSPORTATION & HOUSING COMM. : 9-0, 6/19/12 AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal, Pavley, Rubio, Simitian, Wyland SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 71-0, 5/25/12 - See last page for vote SUBJECT : Recreational off-highway vehicles SOURCE : Recreational Off-Highway Vehicle Association DIGEST : This bill defines recreational off-highway vehicles (ROHVs) and prescribes safety regulations for their use in California. 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, CONTINUED AB 1595 Page 2 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. This bill: 1. Defines ROHVs 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; and An engine displacement equal to or less than 1,000 cubic centimeters. 2. Includes ROHVs among OHVs subject to DMV registration and identification requirements. 3. Establishes requirements for the operation of ROHVs on public lands, including: 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; AB 1595 Page 3 All passengers must occupy seats provided by the manufacturer; and 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. Comments Purpose of the bill . The author introduced this bill at the request of the Recreational Off-Highway Vehicle Association to define ROHVs as a distinct and separate class of vehicles and establish specific requirements governing their safe operation and use. The sponsor indicates that the primary reason for distinguishing these vehicles is that ROHVs handle differently from ATVs, which a rider maneuvers by gripping the handle bars and leaning into turns in a saddle-type seat. ROHVs operate more like a car, where the driver and passengers sit in full seats and the driver uses a steering wheel to maneuver the vehicle. The sponsor indicates that because these vehicles are relatively new and different, no existing laws directly govern their safe operation. This bill corrects that. The state currently allows ROHVs to operate in its off-highway vehicle recreation areas. By prescribing operational requirements for ROHV use, this bill will provide rangers at these recreational vehicle areas a basis for enforcing safety and vehicle identification requirements for ROHVs. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 7/2/12) Recreational Off-Highway Vehicle Association (source) Kawasaki Motors Corporation, U.S.A. ASSEMBLY FLOOR : 71-0, 5/25/12 AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Block, AB 1595 Page 4 Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Hagman, Halderman, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Atkins, Bill Berryhill, Fletcher, Grove, Hall, Knight, Ma, Perea, Silva JJA:m 7/2/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** |
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#25 (permalink) | |
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Registered User
Join Date: Dec 2009
Member # 148059
Posts: 211
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Quote:
Still, we need to fight this infringement of liberties. Weather it affects us, or not. It is all incrimental, and if we let them do this to one group, they won't stop. THEY will come for the rest of us in short order. |
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