California helmet law - Pirate4x4.Com : 4x4 and Off-Road Forum
 
Pirate4x4.Com : 4x4 and Off-Road Forum  

Go Back   Pirate4x4.Com : 4x4 and Off-Road Forum > Land Use and Trails > Land Use Issues
Notices

Reply
 
Share Thread Tools Display Modes
Old 07-26-2012, 10:24 PM   #1 (permalink)
Newbie
 
Join Date: Jul 2004
Member # 32975
Location: Foxfield, Co
Posts: 74
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
redcj7 is offline   Reply With Quote
Old 07-26-2012, 10:28 PM   #2 (permalink)
Registered User
 
Join Date: Sep 2011
Member # 199782
Location: SoCal
Posts: 62
Not surprising. The idiots are making it so everything needs 3" safety padding.
ABearden is offline   Reply With Quote
Sponsored Links
Old 07-26-2012, 11:55 PM   #3 (permalink)
Registered User
 
Join Date: Jan 2009
Member # 128380
Location: Huntington Beach, CA
Posts: 462
Quote:
Originally Posted by redcj7 View Post
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
I'm fully aware of this. I posted the new law on glamisdunes.com today.

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.
__________________
Partnership for Johnson Valley - A Division of CTUC
http://www.pfjv.org
aphantomduck is offline   Reply With Quote
Old 07-27-2012, 06:48 AM   #4 (permalink)
Rock God
 
mannysouza's Avatar
 
Join Date: Sep 2003
Member # 22726
Location: Gilroy
Posts: 1,231
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!
__________________
The more things you own, the more they own you!
mannysouza is offline   Reply With Quote
Old 07-27-2012, 08:10 AM   #5 (permalink)
flamethrower
 
Bebe's Avatar
 
Join Date: Jul 2006
Member # 75270
Location: Auburn, CA
Posts: 9,036
Send a message via Yahoo to Bebe
Quote:
Originally Posted by mannysouza View Post
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!
Anything under 1000cc's or 61ci.

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.
__________________
What's all the Hub-bub about Blue Stars??? Click Here
Haulin the Groceries AND Haulin the MAIL
Bebe is offline   Reply With Quote
Old 07-27-2012, 09:23 AM   #6 (permalink)
Registered User
 
Join Date: Apr 2001
Member # 3975
Posts: 2,119
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
LYIN' KING is offline   Reply With Quote
Old 07-27-2012, 12:50 PM   #7 (permalink)
Registered User
 
Join Date: Apr 2001
Member # 3975
Posts: 2,119
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.
LYIN' KING is offline   Reply With Quote
Old 07-27-2012, 01:32 PM   #8 (permalink)
Rock God
 
k5chevyblazer's Avatar
 
Join Date: Jan 2003
Member # 16358
Location: Sacramento, CA (North Natomas)
Posts: 2,227
Send a message via ICQ to k5chevyblazer Send a message via AIM to k5chevyblazer Send a message via Yahoo to k5chevyblazer
looks like I will be putting a 1001cc sticker on my RZR LOL
__________________
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?
k5chevyblazer is offline   Reply With Quote
Old 07-27-2012, 01:48 PM   #9 (permalink)
Registered User
 
Join Date: Dec 2005
Member # 62884
Location: pollock pines, ca
Posts: 1,456
Quote:
Originally Posted by LYIN' KING View Post

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).



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!!!

the way I read this it would only effect youths operating UTV's?
__________________
Friend of Eldorado National Forest
WLDWUN is offline   Reply With Quote
Old 07-27-2012, 01:51 PM   #10 (permalink)
flamethrower
 
Bebe's Avatar
 
Join Date: Jul 2006
Member # 75270
Location: Auburn, CA
Posts: 9,036
Send a message via Yahoo to Bebe
Quote:
Originally Posted by WLDWUN View Post
the way I read this it would only effect youths operating UTV's?
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
Bebe is offline   Reply With Quote
Old 07-27-2012, 02:26 PM   #11 (permalink)
Registered User
 
Join Date: Apr 2001
Member # 3975
Posts: 2,119
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!!!
LYIN' KING is offline   Reply With Quote
Old 07-28-2012, 07:22 AM   #12 (permalink)
Rock God
 
mannysouza's Avatar
 
Join Date: Sep 2003
Member # 22726
Location: Gilroy
Posts: 1,231
It will be just a matter of time until they make this law amended for all off roaders.
__________________
The more things you own, the more they own you!

Last edited by mannysouza; 07-28-2012 at 07:30 AM.
mannysouza is offline   Reply With Quote
Old 07-28-2012, 10:55 AM   #13 (permalink)
flamethrower
 
Bebe's Avatar
 
Join Date: Jul 2006
Member # 75270
Location: Auburn, CA
Posts: 9,036
Send a message via Yahoo to Bebe
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
Bebe is offline   Reply With Quote
Old 07-28-2012, 11:04 AM   #14 (permalink)
flamethrower
 
Bebe's Avatar
 
Join Date: Jul 2006
Member # 75270
Location: Auburn, CA
Posts: 9,036
Send a message via Yahoo to Bebe
Posted on their Facebook page

Quote:
AB 1595....Is all wrong. I am very upset that some org I have never heard of, can introduce a bill that affects my life, my choices, and my pocketbook.

This bill was NEVER discussed with the off-road community and we don't take sneaky backroom deals lightly.

You need to at a minimum, re-work this bill, I am not going to go and retrofit my Ranger to have shoulder belts and harnesses, and I am furious that I have to wear a helmet going under 15MPH on a forest road. Let alone 2-4 MPH on a Rock Crawling Trail.

This regulation of my freedom to choose when I need a helmet in my Ranger or 4x4 Buggy is unacceptable.

Fix it.
__________________
What's all the Hub-bub about Blue Stars??? Click Here
Haulin the Groceries AND Haulin the MAIL
Bebe is offline   Reply With Quote
Old 07-28-2012, 11:05 AM   #15 (permalink)
Registered User
 
Join Date: Apr 2001
Member # 3975
Posts: 2,119
Better go higher than that, the way I read it this includes FULL SIZED OHVs that are NOT street licensed!!!
LYIN' KING is offline   Reply With Quote
Old 07-28-2012, 11:07 AM   #16 (permalink)
flamethrower
 
Bebe's Avatar
 
Join Date: Jul 2006
Member # 75270
Location: Auburn, CA
Posts: 9,036
Send a message via Yahoo to Bebe
Quote:
Originally Posted by LYIN' KING View Post
Better go higher than that, the way I read it this includes FULL SIZED OHVs that are NOT street licensed!!!
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
Bebe is offline   Reply With Quote
Old 07-28-2012, 11:48 AM   #17 (permalink)
Registered User
 
Join Date: Feb 2011
Member # 183010
Location: San Antonio, TX
Posts: 31
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.
dutchboy101 is offline   Reply With Quote
Old 07-28-2012, 11:59 AM   #18 (permalink)
flamethrower
 
Bebe's Avatar
 
Join Date: Jul 2006
Member # 75270
Location: Auburn, CA
Posts: 9,036
Send a message via Yahoo to Bebe
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
Bebe is offline   Reply With Quote
Old 07-28-2012, 01:16 PM   #19 (permalink)
MotorsportsSolutions
 
Join Date: Sep 2002
Member # 13974
Location: Chaos
Posts: 4,683
Quote:
Originally Posted by LYIN' KING View Post
Sorry . . . nope, that's just item #5 on the list (section 500) which pertains stictly to UTVs/SXSs. There are four items above #5 and they are the rest of the problem.

I wish somebody would call in one of our resident experts to prove me wrong; I’d love to be wrong in this case. I’d do it but it’s somebody else’s turn!!!

This thing was "industry driven" in an effort to try and further protect themselves specifically from excessive UTV/SXS lawsuits brought by idiots or the families of dead idiots who thought they could take a high profile, narrow/short wheel base rig up to 60 mph on a surface with traction and make an abrupt 90 degree turn!

A case of thinning the gene pool by my way of thinking but I digress.

The problem is as usual, OUR PUBLIC SERVANTS went WAY TOO FAR!!!

While operating in a void, knowing nothing about the subject matter at hand or variety of vehicles used in the OHV sport, they crafted this POS that includes full size stickered rigs and everything else they could think of into the legislation, then rammed it through.

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.
xxxxxxxxxxxxxJeff Knoll is offline   Reply With Quote
Old 07-28-2012, 02:01 PM   #20 (permalink)
Registered User
 
Join Date: Apr 2001
Member # 3975
Posts: 2,119
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.
LYIN' KING is offline   Reply With Quote
Old 07-28-2012, 10:04 PM   #21 (permalink)
Newbie
 
Join Date: Jul 2004
Member # 32975
Location: Foxfield, Co
Posts: 74
Quote:
Originally Posted by Jeff Knoll View Post
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.
Jeff, I agree with you. The way I read it, is any vehicle that was built for off road and is not street legal is covered. That would be buggies, sand cars, etc.

The 1000cc is in a different section and only applies to the vehicles(UTV's) covered there.
redcj7 is offline   Reply With Quote
Old 07-28-2012, 10:45 PM   #22 (permalink)
Registered User
 
Join Date: Oct 2005
Member # 55622
Location: Hanford, Ca
Posts: 959
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
__________________
[COLOR="Blue"][SIZE="4"]BlueRibbon Coalition BOD and Life Member[/SIZE][/COLOR]
[URL="http://www.accessarmy.com"][FONT="Comic Sans MS"][SIZE="5"][COLOR="Red"]www.accessarmy.com[/COLOR][/SIZE][/FONT][/URL]
Cal4Wheel Life Member

Access Army Air Warrior
Sponsored by:
[URL="http://www.raceline.com"]Raceline Wheels[/URL],
[URL="http://www.currieenterprises.com/"]http://www.currieenterprises.com/[/URL]
BFG, ARB, Advance Adapters, Hi Lift Jack, Rocky Trail Outfitters, Camel4x4.
navy-jeepster is offline   Reply With Quote
Old 07-29-2012, 01:44 AM   #23 (permalink)
Registered User
 
Join Date: Jul 2012
Member # 224879
Posts: 16
Quote:
Originally Posted by LYIN' KING View Post
I think Jeff and I both believe it's any stickered vehicle . . . period!

Please correct me if I'm wrong Jeff and please let me be wrong!!!
Hi Bob. Good to see you posting and working hard at keeping riding areas open.

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.
Family man is offline   Reply With Quote
Old 07-29-2012, 10:14 AM   #24 (permalink)
Registered User
 
Join Date: Apr 2001
Member # 3975
Posts: 2,119
Quote:
Originally Posted by Family man View Post
Hi Bob. Good to see you posting and working hard at keeping riding areas open.

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.

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.
Hey Paul . . . long time my friend!!

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 ****
LYIN' KING is offline   Reply With Quote
Old 07-29-2012, 10:22 AM   #25 (permalink)
Registered User
 
Join Date: Dec 2009
Member # 148059
Posts: 219
Quote:
Originally Posted by Family man View Post
Hi Bob. Good to see you posting and working hard at keeping riding areas open.

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 folloIwing 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.
This is good news for me, due to the fact that I plan on wheelin' down there a lot when I get my buggy done.

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.
Stonebone is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -7. The time now is 02:32 AM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Optimization by vBSEO 3.6.0 ©2011, Crawlability, Inc.