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DunerDan

AB 1595 please read! new side x side laws at Dumont (CA)

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not sure if anyone heard about this but it will affect most duners. Sandcars, jeeps, jeep like vehicles, and SxS's...

it will require all passengers to wear helmets and passengers must be able to have feet flat on the floor and be able to reach grab handles... and no modified 4 seat SxS's.

hopefully someone smarter than me can start a petition or maybe something has already starting happening to fight it. just thought I'd bring to attention

 
[ 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.

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: yes  

 

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 know all the forums have been blowing up about this. the basics are helmets in all SxS under 1000cc, all passengers in SxS have to be able to sit in the seat and be able to have there feet flat on the floor and there backs against the seat. (means no small kids or kid seats) added rear seats (like rhino) not made by the manufacture are banned, and you must be over 16 or have a parent sitting next to you to drive.

i know a bunch of the off road heavy weights are trying to get a idea of the whole scope of the law. from what i read it passed both cali houses unanimously and the governor signed to take effect jan 1 2013. it is poorly written and could include jeeps buggies and rails. the rzrforums.net has a post that was 6 pages deep last night.

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Most rails exceed the 1000cc's, shouldn't impact them. If you have kids with feet that cant reach the floor, a small cheap aluminum type step/platform bolted in would solve that. Seems like another needless law looking for a problem.

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i know all the forums have been blowing up about this. the basics are helmets in all SxS under 1000cc, all passengers in SxS have to be able to sit in the seat and be able to have there feet flat on the floor and there backs against the seat. (means no small kids or kid seats) added rear seats (like rhino) not made by the manufacture are banned, and you must be over 16 or have a parent sitting next to you to drive.

i know a bunch of the off road heavy weights are trying to get a idea of the whole scope of the law. from what i read it passed both cali houses unanimously and the governor signed to take effect jan 1 2013. it is poorly written and could include jeeps buggies and rails. the rzrforums.net has a post that was 6 pages deep last night.

ya I know i just didn't see it here and wanted to share.

ya it's going to be a pain in the a$$ to enforce...I'm thinking of registering my rhino as a "custom built" and then they can say anything. it's just something else to try and take away more freedoms...

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Most rails exceed the 1000cc's, shouldn't impact them. If you have kids with feet that cant reach the floor, a small cheap aluminum type step/platform bolted in would solve that. Seems like another needless law looking for a problem.

the 1000cc's but it has a steering wheel and greater speed that 30mph.

not sure if one overrides the other or not...

can you inane BLM chasing every SxS and rail with no helmet? lol

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the 1000cc's but it has a steering wheel and greater speed that 30mph.

not sure if one overrides the other or not...

can you inane BLM chasing every SxS and rail with no helmet? lol

"meeting all of the following criteria", of wich is less than 1000cc's.

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I'm thinking of registering my rhino as a "custom built" and then they can say anything. it's just something else to try and take away more freedoms...

Wont matter since a Rhino meets all the criteria of the law.

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Wont matter since a Rhino meets all the criteria of the law.

it will be a "custom built" and manufactured for 4 seats and has a 1100cc engine. just has rhino plastics.

the worst part is I actually wore a helmet while driving it before. and when your harnessed in your field of vision is drastically reduced. which IMO is more dangerous.

it's funny how if you have a more powerful engine you don't need a helmet lol.

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it will be a "custom built" and manufactured for 4 seats and has a 1100cc engine. just has rhino plastics.

the worst part is I actually wore a helmet while driving it before. and when your harnessed in your field of vision is drastically reduced. which IMO is more dangerous.

it's funny how if you have a more powerful engine you don't need a helmet lol.

Once you go over 1000cc's your good. You may have to prove it but though. Another way out of it is to remove the steering wheel. Fab a handlebar type setup. Law says "Stering wheel". Just a thought.

Looks like a great opportunity for someone like H Town to build kits and sell "floor extenders" for the little ones.

I'm not opposed to the helmet laws.

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i have read where they will go by the vin so what it was originally built with is what they will judge it on.

i could see them say a extended floor isnt factory and doesnt qualify. next they will say my custom cage is illegal

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Once you go over 1000cc's your good. You may have to prove it but though. Another way out of it is to remove the steering wheel. Fab a handlebar type setup. Law says "Stering wheel". Just a thought.

Looks like a great opportunity for someone like H Town to build kits and sell "floor extenders" for the little ones.

I'm not opposed to the helmet laws.

lol we were talking about handle bars or a Brody knob lol

and steve if I do a "custom built" the DMV will issue me a new VIN :)

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I would have to say that the biggest thing is going to be kids, am I reading this wrong or is it going to be illeagal to take your 8 year old on a ride if he/she cannot touch the floor with their feet? So if you have a family, someone is always going to be sitting in camp, cause you can no longer include your small children in the sport?

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i have read where they will go by the vin so what it was originally built with is what they will judge it on.

i could see them say a extended floor isnt factory and doesnt qualify. next they will say my custom cage is illegal

Well since the law itself identifies what the vehicle is based in certain criteria, the vin number means nothing IMO. If they wanted to use that as criteria, they should have included a specific series of ID numbers but didn't. This is similar to the way we get around the assault weapon and handgun roster laws for guns. They list 5 criteria that make a vehicle a "Recreational off-highway vehicle" , nothing more. VW trikes are registered as motorcycles. The vin is still the same. They don't define what a floor is.

Edited by FE135

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What I ment about the floor is, they don't define the floor for the puposes of the statute, meaning a modified floor to meet the requirements for a kid is still a floor. It is not prohibited.

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I would have to say that the biggest thing is going to be kids, am I reading this wrong or is it going to be illeagal to take your 8 year old on a ride if he/she cannot touch the floor with their feet? So if you have a family, someone is always going to be sitting in camp, cause you can no longer include your small children in the sport?

Exactly Jodi! that's why it's BS the only reason I got the rhino so we could cruise around with my daughter. guess she can't ride in the car either because she can't touch the floor... it's reductions.

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What I ment about the floor is, they don't define the floor for the puposes of the statute, meaning a modified floor to meet the requirements for a kid is still a floor. It is not prohibited.

Ok I get you can modify a floor, but that only will work if you only take small children and not another adult. But who really wants to modify a floor in their rzr or rhino, to make it only kid legal, and kids grow like weeds, modify the floor everytime your kid grows an inch. I get the concept, but that IMO is abusrd. Even more so to take the family aspect out of a family oriented sport.

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I would have to say that the biggest thing is going to be kids, am I reading this wrong or is it going to be illeagal to take your 8 year old on a ride if he/she cannot touch the floor with their feet? So if you have a family, someone is always going to be sitting in camp, cause you can no longer include your small children in the sport?

I know this sounds stupid but you could use extended soles on their riding boots. Stupid fix for a stupid law.

Edited by FE135

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Ok I get you can modify a floor, but that only will work if you only take small children and not another adult. But who really wants to modify a floor in their rzr or rhino, to make it only kid legal, and kids grow like weeds, modify the floor everytime your kid grows an inch. I get the concept, but that IMO is abusrd. Even more so to take the family aspect out of a family oriented sport.

Thats why I suggested someone like H town look into this. The mod could be adjustible to accomidate different riders.

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if they make the added seats illegal (4 seat rhino) and start enforcing it im in the market for a bench seat for a camp couch :whistle:

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I know this sounds stupid but you could use extended soles on their riding boots. Stupid fix for a stupid law.

:laughing: I can already see the kids running around Dumont with boots looking like this :dope:

post-2396-0-67340700-1343431378_thumb.jp

I know its not funny that they are going to try to make it so your kids can't enjoy the dunes or offroading of any kind, its pretty much BS.

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All the more reason to vote for Gregg Imus come November. Common sense approach to laws for people with common sense. While I appreciate Paul Cook's service to his country and what he used to stand for, his health issues seem to be taking a toll on his thinking process. Having gone through two bouts of my wife's cancer treatments and recovery I can attest to the fact that you are in no shape to make decisions for yourself much less anybody else.

How come noone remembers this being open for public discussion in townhall type settings???

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Being a parent with a small child this is going to ruin duning at Dumont for me with my kids. Looks like I will have to go elsewhere when I have my kids. Might not even buy a pass. I also feel for all the people who have put so much money into there SXS to make them family friendly. :finger: California. I do not need to be told how to keep my children safe. I can agree with helmets, harnesses and other safety equipment, but to ban the children all together is just f*cking stupid.

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wow, ok... so the kids part and not touching the floor AND handle is dumb. a small child properly fastened is perfecly safe is a sxs. Maybe get a wrist strap ( i can attest they work) to keep the childs hands inside the vehicle if needed.

I can see the no added seats in the back of a rhino, thanks to the stupid people who rolled with a load of people outside the cage.

I can see the helmets, especially after seeing the XP rollover accident in January and the guys head being cut. Your head can also easily hit the sand, roll bar, debris, and whatever during a rollover.

The biggest problem here, as i am reading through the whole thing, they are saying ALL OHV vehicles will be subject to this law. toward the bottom it mentions Jeeps, sand rails, buggies, and more as "defined" OHVs. The top part seems to just add in the provision for the sxs. So basically any offroad vehicle with a steering wheel and seat.

This leaves out the RZR 170 type vehicles that are designed for kids, and i would guess can go 30MPH+ stock. Polaris might need to jump into this part.

@ Jodi... something tells me Mike's kids aren't going to be wearing those boots anytime soon...

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ok, re-reading i see the difference of a "recreational OHV" and an "OHV" the sxs is a "recreational OHV" and subject to the new laws. An OHV, sand rails type, are not subject to the laws. Time to put those sxs up for sale and get a sand rail so you can ride with the kids.

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