ab 1595

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ab 1595

Post by camshaw » Fri Jul 27, 2012 9:42 am

is anybody here talking about california AB 1595??? jerry brown just signed it the other day....

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Re: ab 1595

Post by Doc » Fri Jul 27, 2012 4:06 pm

camshaw wrote:is anybody here talking about california AB 1595??? jerry brown just signed it the other day....

There is extensive discussion on this legislation here:

http://www.glamisdunes.com/invision/ind ... pic=267303

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Re: ab 1595

Post by camshaw » Mon Jul 30, 2012 8:56 am

so the asa hasn't even said a word on it..........? amazing you guys are pretty out of the loop on legal stuff eah?

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Re: ab 1595

Post by BHenry » Tue Jul 31, 2012 4:49 am

Camshaw, the ASA is currently analyzing the new law, and will update members once it is understood what the impact is. This BBS doesn't get the traffic it once did, but I did see a post on ASA's Facebook page in regards to this new law, so attention is being paid to what comes out of Sacramento.

Considering how active the ASA has been in legal issues surrounding motorized recreation, I would not assume a lack of posting here on this BBS to mean that the Board is "pretty out of the loop on legal stuff". As a long term volunteer, I would prefer a well formulated response to a knee jerk reaction.

Of course, this is my opinion, and not an official ASA position. Only the Board can state that...
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Re: ab 1595

Post by Sandcock » Tue Jul 31, 2012 6:47 am

CHAPTER 165
FILED WITH SECRETARY OF STATE JULY 24, 2012
APPROVED BY GOVERNOR JULY 24, 2012
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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Re: ab 1595

Post by bulldogz400 » Thu Aug 02, 2012 8:53 am

Copied and pasted from RZRforums.net:
Hi, my name is Tim Itnyre and I'm the Legislative Director for Assemblyman Paul Cook. I've spoken with several of you on the phone over the past couple of days about the significant problems in AB 1595. I've been following the discussions in the forum since yesterday and thought that I owed it to you to reach out directly to explain what happened with AB 1595 and to explain what Assemblyman Cook is doing to fix it.

First, here's the background on AB 1595. Last winter, our office was approached by ROHVA (the sponsor of the bill) with proposed language that would add a definition of "recreational off-highway vehicles" to state code and put in place a couple of basic safety regulations. The regulations as we understood them were basic stuff such as having restraints, having a parent or adult directly supervising in vehicle when you have children younger than 16 driving ROHVs, and some sort of helmet law. These regulations were supposed to be pretty minor and there was already some pressure from state agencies to act on this or there was the prospect of some sort of administrative action with no direct accountability to the voters. Running the bill would head off administrative action and give off roaders a lot more opportunity for input during the legislative process. Additionally, Assemblyman Cook knew that by agreeing to be the author of the bill, he would be able to control its contents. Specifically, as it went through hearings any portions of the bill that the off-road community raised objections to could be modified or eliminated. If necessary, the entire bill could be killed with a single phone call if he was the author.

Unfortunately, the legislative process broke down when the legislature heard nothing from the off-road community during the legislative process. The language that makes up AB 1595 was in print from March 29 until it became law on July 24, and during that time, there was not a single individual, group, club, or off-roading organization that raised any objections to the contents of the bill. Because of this, it went through hearings in 4 different committees and passed off the floor of both houses of the legislature without a single "No" vote. A single call, email, or fax at any point during that process would have caused us to halt the bill and fix or kill it entirely.

I'm not trying to pass the buck on this one, we clearly made a mistake by assuming that the silence of the off-roading community meant that there were no complaints or issues with the contents of this bill. I'm just trying to explain to you how it appeared from our perspective. As far as why AB 1595 started as a tax bill, that was because of a pretty common legislative process known as "gut and amend". Because there are limits on how many bills can be introduced adn when they can be introduced, bills that have stalled or failed are often "gutted and amended" into new bills during the process to deal with new issues that come up. AB 1595's sales tax reduction was dead on arrival in Assembly Tax and Revenue Committee, so we gutted and amended it on March 29 to run the Off-Highway Vehicle Safety bill.

That's all the past though and what we're focused on now is the future. There are several provisions of AB 1595 that have been brought to our attention that need an immediate fix. The following two sections have been the focus of about 90% of the calls and emails that we've recieved:

Section 38603: This is the section requiring that factory-installed seats be used. When we had read the bill and talked with the sponsors and state agencies, we had understood that this was supposed to prevent people from "mad max"-style seats strapped on to vehicles with bungee cords, etc that were inherently unsafe. Over the past couple days, the off road community has done an excellent job educating us about the huge market in after market seating, much of which is even safer than the original factory installed seating. This provision is clearly far too broad and would cripple the aftermarket industry in California while leaving countless California offroaders with vehicles that they can no longer legally use.

Section 38604: This section requires that passengers be able to grab the safety handhold while their feet are on the floor and they are fully strapped or harnessed in. When we talked with the sponsors about the bill, we heard that this was a safety requirement to ensure that the harness worked correctly. Unfortunately, we learned after the bill was signed into law and off-roaders began contacting our office that this will prevent children, indivduals with dwarfism, and possibly even amputees from being able to use ROHVs. This was never Assemblyman Cook's intent and is completely unacceptable to him.

The fix that we are running is simple. Both Section 38603 and Section 38604 will be eliminated entirely. Remember what I wrote earlier in the post about "Gut and amends"? That is the method that I'll be using to run the fix and get it passed in the four weeks remaining in legislative session. I've already begun speaking with committee officials from the relevant committes and they all appear very understanding of the problems with these provisions and open to doing what is necessary to move this bill through over the next four weeks. The fix should be in print on monday or tuesday of next week and as soon as it is, I'll post the bill number for the fix on this forum and let you all know what the first committee that it will be assigned to will be.

One other thing that I'd like to briefly touch on: the helmet provision. Unlike the two sections I listed above, there has been significant division in the position of callers vis a vis helmets. There appear to be three camps that I've heard from so far among off-roaders:

1) Those who more or less support the helmet provision as written.

2) Those who would support some sort of helmet law, but want some changes to it.

3) Those who are opposed to any sort of helmet law.

The debate over helmets and vehicles has been going on in California for at least the past 25 years. With the abbreviated four week timeframe, turning the fix bill into the latest chapter in the helmet battle would almost certainly guarantee that the bill is delayed, which will effectively kill it for the year. I'd rather get the two parts that I know we can fix immediately done. Once we get this fix, I would be glad to help you find an author willing to carry a bill fixing the helmet provisions of the law for next year (since Assemblyman Cook will be termed out of the Assembly this December).

Fixing AB 1595 has become Assemblyman Cook's top legislative priority for the remainder of his time in the Assembly and I will be glad to serve as a direct line of communication either here on the forum or via email (tim.itnyre@asm.ca.gov) or by calling our Capitol Office (916-319-2065) as we move forward.

Timothy Itnyre
Legislative Director
Office of Assemblyman Paul Cook
On a postive note, it looks like the word from off-roaders has received the attention of the legislators.

Unfortunately, I, and many others, do not believe it should have gotten this far. The bolded portion of this quote is of great concern to us. We certainly place our trust in the associations to keep a general eye out for us - which we appreciate. But how could this have gone completely unnoticed by EVERYONE?

Moving forward, what is the ASA currently doing to combat this bill? I can't remember the last time a bill has struck the nerve of the offroad community to this extent...the time to act is now.

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Re: ab 1595

Post by Vincent J Brunasso » Wed Aug 08, 2012 6:43 pm

The ASA, along with our lobbyist, has been in contact with Assemblyman Cook’s office. They are working on supplemental legislation that will “fix” the aftermarket fabricated items and the "required to have your feet on the ground" items of AB 1595.

Assemblyman Cook’s office is still working on the language and, as soon as it’s available, ASA intends to inform our membership so that you can write letters or contact your legislative officials.
Vincent J. Brunasso
ASA Co-Founder and past president

“My reading of history convinces me that most bad government results from too much government.”
--Thomas Jefferson

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Re: ab 1595

Post by nixsternik » Fri Aug 10, 2012 10:55 pm

An update on the AB 1595 fix. We'll continue to keep you posted as more information becomes available.

http://arc.asm.ca.gov/member/65/eContac ... aax3pz.htm
Nicole Nicholas Gilles
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Re: ab 1595

Post by Sandcock » Sat Aug 11, 2012 4:41 pm

I'm not trying to pass the buck on this one, we clearly made a mistake by assuming that the silence of the off-roading community meant that there were no complaints or issues with the contents of this bill.
IMO, something just doesn't add up here. There are two many OHV orgs, associations, vendors, and after market manufacturer's for this bill not to receive some kind of response from the OHV community. I can't understand why Assemblyman Cook did not make an attempt to contact some of the OHV community to find out why they did not provide input in regards to "His" bill. Now he has to go back and fix/amend the passed bill because he's most likely getting some heat. Hopefully, this is a lessons learned moment for him.
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Re: ab 1595

Post by nixsternik » Fri Aug 17, 2012 7:36 pm

Second update from Assemblyman Cook's office.

http://arc.asm.ca.gov/member/65/eContac ... 9oq9e8.htm

We will continue to keep you updated as soon as more information becomes available. As soon as a bill number is assigned, we can then start writing letters of support.
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Re: ab 1595

Post by L&L Corvairs » Thu Aug 23, 2012 2:53 pm

Sandcock wrote:
I'm not trying to pass the buck on this one, we clearly made a mistake by assuming that the silence of the off-roading community meant that there were no complaints or issues with the contents of this bill.
IMO, something just doesn't add up here. There are two many OHV orgs, associations, vendors, and after market manufacturer's for this bill not to receive some kind of response from the OHV community. I can't understand why Assemblyman Cook did not make an attempt to contact some of the OHV community to find out why they did not provide input in regards to "His" bill. Now he has to go back and fix/amend the passed bill because he's most likely getting some heat. Hopefully, this is a lessons learned moment for him.

In fairness to Assemblyman Cook,

He did in fact pass this on to our lobbyest well in advance of it becoming law as well as several others in the OHV community. As for politicians, they all work under the assumption that "NO news is GOOD news'. If they don't get feedback, they assume that everything is hunky dory. We can't beat him up for that.
L&L
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It is only ours to decide what to do with the time given us.

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3rd update on AB 1595

Post by nixsternik » Fri Aug 24, 2012 3:21 pm

Hello all,

Here is the latest re: AB 1595. As usual, I'll continue to keep you updated as soon as more information becomes available. I speak to Cook's office on the daily basis.

http://arc.asm.ca.gov/member/65/eContac ... 7bmgg7.htm

Third Update on the AB 1595 Fix

I'm happy to report that the bill to begin fixing AB 1595 is now in print and available to be read online. The bill is AB 1266. I'm joined by Assemblyman Jim Nielsen and Assemblyman V. Manuel Pérez in authoring this fix.

You can view the text of AB 1266 at the following link:
leginfo.ca.gov/pub/11-12/bill/asm/ab_1251-1300/ab_1266_bill_20120823_amended_sen_v98.html

This bill will do two things:

1) It eliminates the "feet flat on the floorboards" provision that would prevent children (and short adults) from riding as a passenger in a recreational off-highway vehicle.

2) It delays the implementation of the non-factory seating locations provision until July 1, 2013. While I would have liked to do a more permanent fix for this provision right now, that would require committee hearings before the Assembly and Senate Transportation Committees, which are no longer meeting at this point in the session. Both of the committees are aware of the issues with this section of the current law, however, and legislation for a more permanent fix will be moving forward in January. The delay in implementing this section will give plenty of time for the new legislation to be drafted and passed by the next legislature.

I expect AB 1266 to be voted on in the California Senate on Monday, August 27, although there is a possibility that it may be pushed back until Tuesday. I will take the bill up in the Assembly within 1-2 days of it passing the Senate. After the Assembly passes it, it will be sent to the Governor for signature. Because the Senate will be the first chamber voting on this bill, I would urge you all to contact your state senator urging them to support AB 1266. I'll continue to update you at every step of the process, and once again, I'd like to thank you all for contacting my office with your comments and concerns.

Sincerely,
Assemblyman Paul Cook
65th Assembly District
Nicole Nicholas Gilles
Executive Director
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Re: ab 1595

Post by Doc » Sat Sep 01, 2012 6:15 am

Received this from Cook's office

AB 1266 Passes Out of the Legislature
I wanted to let everyone know that AB 1266 passed out of the legislature tonight. It passed out of the Senate earlier this afternoon on a 39-0 vote and just passed the Assembly on a 64-0 vote. It now heads to the desk of Governor Jerry Brown who has until the end of September to sign it into law.

I wanted to take a moment to thank everyone who has contacted my office about AB 1595. Without your help, I know I'd never have succeeded in getting AB 1266 drafted and passed in such a short period of time. Because of your hard work, off-roaders will be able to continue enjoying the sport with their families and thousands of safely modified vehicles will remain legal on January 1.

I know that AB 1266 is just the first step in addressing the concerns of the off-road community. I will be speaking with my fellow legislators in the coming weeks to help you find an author for bills to address the remaining concerns you have brought to my office. I'll be following up with another update sometime next week to begin going over the next steps.

Thank you again for all of your input and support in getting AB 1266 passed.

Assemblyman Paul Cook

65th Assembly District







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AB 1595 Fix (AB 1266)

Post by nixsternik » Sat Sep 01, 2012 8:27 pm

AB 1595 Fix (AB 1266) On Way to Governor

We found out late last night that the bill to fix AB 1595 passed the Legislature and is on its way to the Governor where we expect it to be signed sometime this month.

This bill will do two things:
1. It eliminates the "feet flat on the floorboards" provision that would prevent children and short adults from riding as a passenger in a recreational off-highway vehicle.
2. It delays the implementation of the non-factory seating locations provisions until July 1, 2013. This will allow time for new legislation to be introduced to find a more permanent fix.

These two bills will be discussed at our Info Meetings at the Sand Show. Representatives will be on hand to answer your questions.
Nicole Nicholas Gilles
Executive Director
American Sand Association

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Re: ab 1595

Post by camshaw » Tue Jan 08, 2013 1:56 pm

so what is if anything is the asa doing to fight this ammendment outlawing our 4 seater conversions??

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Re: ab 1595

Post by nixsternik » Mon Apr 22, 2013 6:11 pm

SB 234 (AB 1595/AB 1266 Fix)

SB 234 limits the requirement due to take effect on July 1, 2013, that passengers in a recreational off-highway vehicle (ROHV) may only sit in seats installed by the original manufacturer to ROHVs with a 2014 or later model year.

This bill :

1.Limits the requirement that passengers in an ROHV may sit only
in seats installed by the original manufacturer to ROHVs with
a 2014 or later model year.

2.Requires seats installed in 2013 or earlier model year ROHVs,
that are in locations other than those provided by the
manufacturer, to be installed such that the passenger sitting
there must be fully contained inside of the vehicle's rollover
protection structure.

3.Defines a handhold for purposes of the requirement that a
passenger must be able to grasp the handhold while sitting in
a seat with the harness fastened, provides that the steering
wheel is the handhold for the driver, and requires that
handholds to be designed to allow passengers to exit the ROHV
without interference.

4.Is an urgency measure and has an effective date of July 1,
2013.

ASA reps were in Sacramento April 9th to testify in support of SB 234 (Walters) bill which fixes the unintended consequences related to SxS vehicles set forth with AB 1595.

SB 234 passed out of Senate Transportation on a unanimous 10-0 vote. The next stop is Senate Appropriations Committee sometime this week. We don’t foresee any problem with this Committee as the bill has no cost concerns associated with it.

The bill will then be voted on by all 40 Senators on the Senate Floor. After which, it will then move to the Assembly side. It will have to go through the Assembly’s Transportation Committee where there will probably be another hearing similar to the one the ASA testified at; however, if it is put on a consent agenda, it will not have to be heard.

The next step for the bill will to go to the Assembly Appropriations Committee and then to the Assembly Floor for a vote. If there are any changes made to the bill at any point in this process, it will have to go back to the Senate for concurrence. Otherwise, it will go straight to the Governor’s desk where he will either decide to sign it or veto it.
Nicole Nicholas Gilles
Executive Director
American Sand Association

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Re: ab 1595

Post by Buggydave » Mon Apr 22, 2013 7:30 pm

So does this new bill get rid of the Helmets?
Not that I see wearing helmets as a bad thing, but I think it is silly to require them in a SxS under 1000cc, when yoy dont have to wear them in a 1300HP rail!

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Re: ab 1595

Post by Doc » Mon Apr 22, 2013 7:54 pm

Buggydave wrote:So does this new bill get rid of the Helmets?
Not that I see wearing helmets as a bad thing, but I think it is silly to require them in a SxS under 1000cc, when yoy dont have to wear them in a 1300HP rail!
Nope, this bill does not have anything to do with helmets. This bill only addresses the non factory seating requirement and clarifies the definition of a handhold.

The other provisions of the original bill are still valid including the helmet requirement

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