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Does anyone have any info on this new bill? Will it outlaw rear seats? Do we have to wear helmets in our Rhinos?

BILL NUMBER: AB 1595 ENROLLED
BILL TEXT

PASSED THE SENATE JULY 6, 2012
PASSED THE ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY MAY 21, 2012
AMENDED IN ASSEMBLY MAY 10, 2012
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, Cook. Vehicles: recreational off-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 define an off-highway motor vehicle to include a
recreational off-highway vehicle, as defined. 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

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.
(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).
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
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 ride with a passenger, unless the passenger, while seated
upright with his or her back against the seatback with both feet flat
on the floorboard, can grasp the occupant handhold 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.
 

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I'm glad I moved out of Cali...this is crap.
 

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Sounds like that just put a bunch of guys building 4-seat cages out of business.

Notice at the bottom of the bill it was supported by Kawasaki, who just so happens to have come out with a new 4-seater. LOL.

BILL ANALYSIS Ó



AB 1595
Page 1

Date of Hearing: April 23, 2012

ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1595 (Cook) - As Amended: March 29, 2012

SUBJECT
: Vehicles: recreational off-highway vehicles

SUMMARY : Defines a "recreational off-highway vehicle" (ROHV)
and establishes requirements for their operation.
Specifically, this bill :

1) Defines ROHVs as a motor vehicle that:

a) Is designed by the manufacturer for operation
primarily off of the highway;

b) Has a steering wheel for steering control;

c) Has non-straddle seating provided for the operator
and all passengers; and,

d) Has maximum manufacturer-designed speed capability
of 30 miles per hour (mph) or more but can be modified to
reach speeds greater than 30 mph.

2) Adds ROHVs to the list of off-highway motor vehicles
subject to Department of Motor Vehicle (DMV) identification
requirements.

3) Establishes requirements for the operation of ROHVs
including;

a) The requirement that a person operating an ROHV 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;

b) The requirement that passengers in ROHVs wear
specified safety helmets;

c) The requirement that operators and passengers in
ROHVs wear seatbelts and shoulder belts or safety
harnesses that are properly fastened when the vehicle is
moving;








AB 1595
Page 2


d) The requirement that all passengers occupy seats
provided by the manufacturer; and,

e) The requirement that ROHV operators not allow
passengers to grasp occupant handholds unless the
passenger is seated upright with his or her back against
the seatback and both feet flat on the floor.

4) Makes related, clarifying changes.

EXISTING LAW :

1)Defines off-highway vehicles (OHVs) as vehicles such as racing
motorcycles, trail bikes, mini bikes, dune buggies,
all-terrain vehicles, jeeps, and snowmobiles that are operated
exclusively off public roads and highways.
2)Prohibits vehicles registered as OHVs from being operated on
public streets.

3)Requires certain OHVs to display an identification plate or
device issued by DMV.

4)Generally prohibits operation of an all-terrain vehicle (ATV)
on public lands by person under the age of 18.

5)Requires the Department of Parks and Recreation to adopt
courses, in consultation with the California Department of
Highway Patrol (CHP) and other public and private agencies and
organizations with regard to OHV safety, operation, and
principles of environmental preservation.

6)Prohibits a person from driving an OHV at a speed greater than
is reasonable or prudent and establishes a prima facie speed
limit of 15 mph within 50 feet of any concentration of people
or animals.

7)Establishes certain criteria for ATVs including safety
training courses and certain age restrictions for their
operation and use.

8)Requires persons operating ATVs on state lands to wear an
approved motorcycle safety helmet.

FISCAL EFFECT : Unknown








AB 1595
Page 3


COMMENTS : By introducing AB 1595, the author intends to define
ROHVs as a distinct and separate class of vehicles and establish
specific requirements governing their safe operation and use.
The sponsor, the Recreational Off-Highway Vehicle Association
(ROHVA), indicates that the two primary reasons for
distinguishing these vehicles is that ROHVs handle differently
from ATVs, which are maneuvered by rider-movement (i.e., griping
the handle bars and leaning into turns in a saddle-type seat).
ROHVs operate more like a standard car, where the driver and
passengers sit in full seats and the vehicle is maneuvered using
a steering wheel. The sponsor indicates that because these
vehicles are relatively new and different, there are no laws
that directly govern their safe operation. By defining these
vehicles in law and specifically describing operational
requirements, rangers at recreational vehicle areas around the
state will have a basis for enforcing of safety and vehicle
identification requirements for ROHVs.

Specifically, this bill would define an ROHV as a motor vehicle
that is designed by the manufacturer for operation primarily
off-road that has a steering wheel for steering control,
non-straddle seating for the driver and passengers, and has a
maximum speed capability of greater than 30 miles per hour (mph)
but also allows for maximum speed capability of greater than 30
miles per hour if the vehicle has been modified. With regard to
speed requirements, the sponsor notes that ROHVs, by definition,
can achieve speeds of greater than 30 mph; however, speeds at
recreational vehicle areas are individually established for
conditions as appropriate. The sponsor also notes that
modifications for higher speeds are primarily carried out to
allow operators to participate in sanctioned racing events.



The operational guidelines for ROHVs, as provided for in this
bill, are based on reports by U.S. consumer Product Safety
Commission (CPSC) that show that the most common injury
accidents for ROHVs result when riders and passengers fail to
wear seatbelts and safety. Studies analyzing the CPSC data also
showed that in addition to not wearing safety helmets and seat
belts, under-age driving, driving on paved surfaces, and driving
at excessive speeds also contributes to accidents. To address
these factors, operational requirements for ROHVs described in
this bill include the requirement that ROHV operators be at








AB 1595
Page 4

least age 16 years old, unless they are directly supervised by a
parent or guardian or by and adult authorized by a parent or
guardian. The bill also requires that all persons operating or
riding in ROHVs must wear safety helmets meeting requirements
established for motorcycles or motorized bicycles and that
operators and passengers must wear seatbelts and shoulder belt
or safety harnesses that are properly fastened when the ROHV is
in motion. The bill further specifies that persons operating
ROHVs must not allow passengers to sit in areas other than
designated seats provided by the manufacturer and that
passengers be prohibited from holding occupant handholds unless
the passenger can do so with his or her seatbelt and safety
harness fastened while seated upright with his or her back
against the seat and both feet flat on the floor.


Writing in support of the legislation, the Kawasaki Motors Corp,
notes that this bill would help to establish safety requirements
for ROHV use and promote and ensure responsible and safe use of
these vehicles. They point out that AB 1595, by including the
definition of ROHVs in law, the bill will help to define both
the vehicle and rules of safe operation that will serve as
guidance for counties and cities in the management of their ROHV
areas. Kawasaki also notes that the bill will also lead to
statewide enforcement consistency.

REGISTERED SUPPORT / OPPOSITION :

Support

Recreational Off-Highway Vehicle Association (Sponsor)
Kawasaki Motors Corporation

Opposition

None on file


Analysis Prepared by
: Victoria Alvarez / TRANS. / (916) 319-
2093
 

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WTF is this? These a-holes can put a balanced budget together but have time to pass bullshit like this?! This state is so far gone!
 

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Off road law change

So it sound like we will have to wear helmets at glamis no matter what you driving. Is a Hanss device next? Helmets can cause neck damage from whiplash When off roading, know one talks about that. What do you think?
 

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Helmets

Some off my friends wear Simpsons pit crew warrior helmet its only 2lb but not snell approved. 120.00 - 139.00 I may go with the same.
 

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x

unfortunately here in california we have the best weather in all the world,besides two other places that share the same weather yearround, the bad is every f'n left wing homo wacko from every other state in the union has slowly migrated here and filled their head with pot smoke and kissed the right people and now they are in office serving the people making laws like this chit............the amazing thing is the wacko that started this law is a retired marine from out in the desert district!........amazing....my rhino is a custom built 4 seater that I pieced together and is titled as a special construction offroad vehicle and not a rhino, wonder how they are going to inforce this rule with a custom build vehicle....another sad law to take away more rights and freedoms, another rule to tell the people what they need, another rule like obamacare being forced on the american people by a selfrighteous governing body that thinks they need to save us from ourselves....when are the american people going to say enough is enough and get rid off all the freeloaders in our country and crush this left wing BS??...........am I the only one who sees this crap going on?
 

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it says only passengers need helmets. lol

and Jeeps need helmets...lol and when you turn on the dirt rd to camp better throw then on!

I'll just register my rhino as a "custom build" and it was manufactured as a 4 seater. which is what alot of people will I'm sure them BLM will say "we can't enforce this" just like red/green stickers...
 

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Hey all, i have been working on this all day. Obviously this will effect many of you with 4 seat cages. But the bigger issue here is section 38604. This section states that all passengers must be able to reach the grab handles with thier feet on the floor and back against the back of the seat. This would mean that my wife at 5-1 cannot ride in the passenger seat. And either can your kids.

Helmets and bench seats aside, this is a huge problem for the people with any kind of UTV.
 

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Hey all, i have been working on this all day. Obviously this will effect many of you with 4 seat cages. But the bigger issue here is section 38604. This section states that all passengers must be able to reach the grab handles with thier feet on the floor and back against the back of the seat. This would mean that my wife at 5-1 cannot ride in the passenger seat. And either can your kids.

Helmets and bench seats aside, this is a huge problem for the people with any kind of UTV.
This could be acomplished with a removable step stool type fabrication. Just raise the floor, basically. :aargh4:
 

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Hey all, i have been working on this all day. Obviously this will effect many of you with 4 seat cages. But the bigger issue here is section 38604. This section states that all passengers must be able to reach the grab handles with thier feet on the floor and back against the back of the seat. This would mean that my wife at 5-1 cannot ride in the passenger seat. And either can your kids.

Helmets and bench seats aside, this is a huge problem for the people with any kind of UTV.
x2 my wife's feet dangle can't reach the floor
 
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