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OK, I hope I'm reading this wrong..... The only hope is the 1000cc or less requirement would not be met by Jeeps, thus the bill does NOT apply... However, the following section (38012 and 38601) addresses what a ROHV is defined as.... Requiring a helmet!
Thoughts!
Assembly Bill No. 1595
CHAPTER 165
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.
[Approved by Governor July 24, 2012. Filed with
Secretary of State July 24, 2012.]
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).
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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
94
Ch. 165 — 2 —
within the meaning of Section 6 of Article XIII B of the California
Constitution.
O
94
Thoughts!
Assembly Bill No. 1595
CHAPTER 165
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.
[Approved by Governor July 24, 2012. Filed with
Secretary of State July 24, 2012.]
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).
94
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
94
Ch. 165 — 2 —
within the meaning of Section 6 of Article XIII B of the California
Constitution.
O
94
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