Have you heard about this?

[racegirl04]

If you have kids riding in California under 14 you should read it

By the way this passed and the Governor signed it

From what I understand

BILL ANALYSIS

SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 2755

SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Blakeslee

VERSION: 6/5/06

Analysis by: Carrie Cornwell FISCAL: Yes

Hearing date: June 13, 2006

SUBJECT:

All-terrain vehicles: operating violations

DESCRIPTION:

This bill makes parents and guardians legally responsible for

the illegal operation of all-terrain vehicles (ATVs) by children

under 14.

ANALYSIS:

Existing law prohibits a child under 14 years of age from

operating an ATV on public lands in California unless the child

is accompanied by and under the direct supervision of a parent

or guardian, or an adult authorized by the parent or guardian,

and one of the three following conditions is met:

The child has an ATV safety certificate issued by this

state or another state;

The child is taking a safety training course under the

direct supervision of a Certified ATV safety instructor; or

The child is under the direct supervision of an adult who

has in his or her possession an appropriate safety

certificate issued by this state or another state.

This bill makes it a crime for a parent or guardian or another

adult authorized by the parent or guardian to grant permission

or knowingly allow a child under age 14 to operate an ATV unless

that child meets one of the above three conditions in existing

law. Penalties for this new crime are:

For a first conviction, a court may impose a fine of up to

AB 2755 (BLAKESLEE) Page 2

$125 or may order the adult to take or retake and complete an

ATV safety training course and then to provide the court with

a certificate to prove that the course was completed. (The

fine of $125 when paid would be approximately $475 with

penalty enhancements.)

For a second conviction, a court may impose a fine of $125

to $250. (The fine paid would be approximately $475 to $900

with penalty enhancements.)

For a third or subsequent conviction, a court may impose a

fine of $250 to $500. (This fine would be approximately $900

to $1,770 with penalty enhancements.)

If the child was not properly supervised when he or she violated

existing law, then the court may order the child to take an ATV

safety training course and then to provide the court with a

certificate to prove that the course was completed. The court

may order the child to take such a course only if the child's

parent, guardian, or the adult authorized by the parent or

guardian is convicted of allowing a child to operate an ATV

without a safety certificate. The adult shall accompany the

child to the court-ordered ATV safety training course.

COMMENTS:

1)Purpose . The author introduced this bill to "promote safe

ridership in California's Off Highway Vehicle recreation

areas. California has a long and proud history of OHV

recreating, and tradition of safety, responsibility, and

stewardship associated with OHV programs." The author notes

that the bill proposes a subtle change to existing law that

would allow enforcement of unsafe riding to be directed to a

supervising parent, guardian, or adult, rather than forcing

punitive actions to be directed at younger children. The

author believes that the bill will lead to minor ATV riders,

and the adults responsible for them, taking ATV safety

certification courses.

2)Background . Those under 18 who ride ATVs on public lands in

this state must either possess a safety certificate or be

supervised by an adult who has a safety certificate. The

California Department of Parks and Recreation provides

training and certification free of charge to anyone under the

age of 18 through a program sponsored by its Off-Highway Motor

Vehicle Recreation (OHV) Division. The ATV Safety Institute, a

AB 2755 (BLAKESLEE) Page 3

nonprofit ATV safety training organization, runs the program

under contract with the OHV Division of State Parks. Adults

can receive the same training for a fee, although most

manufacturers include the training with the purchase of a new

vehicle.

Assembly Votes:

Floor: 71 - 0

Appr: 17 - 0

Trans: 12 - 0

POSITIONS: (Communicated to the Committee before noon on

Wednesday,

June 7, 2006)

SUPPORT: American Motorcyclist Association District

37 Off Road and

Dual Sport Divisions

California Off Road Vehicle Association

Friends of the Oceano Dunes

Off Road Business Association

San Diego Off Road Coalition

OPPOSED: None received.

[SandBox_Kid]

Great another law regarding OHV's. I'm sure this will make the blue-hairs all giddy!

Wal-Mart rally......mount up!

[barefoot bob]

WE WERE REQUIRED TO HAVE OUR DAUGHTER DO stupid caps a test before they would sell us her polaris 90 last year but they didnt giveus a certificate

dune namibia...................

[desertskyz]

Really sucks for people with kids. Welcome to Communist California. I wonder if will be enforced at Dumont.

[Craniacs]

hmmm I'm torn on this one...I like some laws and others are kinda scary... A better approach is to have

some friendly rangers come by and educate kids rather than lookin to screw some parents...

[lvnalolife]

hmmm I'm torn on this one...I like some laws and others are kinda scary... A better approach is to have

some friendly rangers come by and educate kids rather than lookin to screw some parents...

I agree with you John!

[Don29palms]

This law has been around for a long time in a slightly different wording. It has never been enforced and probably never will be. If your kid gets caught doing something stupid then they will enforce it and guess what, the parents of the little moron will get hammered. If people teach their kids how to act properly and enforce such behavior there shouldn't be a problem.

[Richard Cheese]

I see it from the other side of the fence

several times, up at hungry valley ohvra, it is common place to see little ones, less the 8, zipping around camp, without supervision, running into cars, trailers, quads, rhinos......................it gets ugly

A friend of mine had his toy hauler hit and dented pretty bad by a 5 yr old on a 90. the parents were 1/4 mile away, out of site, shhitfaced drunk, and wanted to fight my friend.

the ranger ended up having the sheriffs dpt haul the drunkards away, but my friend still has a dent in his hauler.

[BAD SS]

Here,s how laws come about, the people doing things don't make the laws. It's the people that watch you do things, haven't you ever heard or said " look at those idiots, there needs to be a law against that"

[SandBox_Kid]

Here,s how laws come about, the people doing things don't make the laws. It's the people that watch you do things, haven't you ever heard or said " look at those idiots, there needs to be a law against that"

There really should be a law against "stupid". There's just too much of that around.

[desertskyz]

Studipity should be against the law. It should also be painfull :chev_bowtie: They make these laws to hold parents accountable for what their kids do. Trust me I know about accountablily. I see it everyday. I work for CCSD. It is always easier to blame someone else then take responsiblity for it.

[SandBox_Kid]

Studipity should be against the law. It should also be painfull :chev_bowtie: They make these laws to hold parents accountable for what their kids do. Trust me I know about accountablily. I see it everyday. I work for CCSD. It is always easier to blame someone else then take responsiblity for it.

I hope that you are doing your best to make a difference. I have had my issues with CCSD and will leave it at that.

...and yes it is always easier to blame someone else, but a bright individual will realize that they can only control themselves, so blaming others becomes a useless practice.

[mike156]

Let me throw in another twist...I have 2 sandrails for sh$ts and kicks I contacted BLM (on the phone, in person, and on the web) asking a silly question, confident on the answer I asked how old do you have to be to drive a Dunebuggy/sandrail......All 3 times the same answer, we have nothing on the books requiring a certain age to drive an OHV vehicle.....So being the brain surgeon that I'am I asked them "I have a 10 year old son and I can let him go out and drive in the dunes".......(answer)......Well we dont advise it but yes he can :freakin_nuts: Shocking can drive a 800-2500LB sand car but cant ride a quad over a 100cc. Well the 2nd rail is for sell not about to let a 10 year old drive something like that for a long time. Parents should be liable children know no different (MONKEY SEE MONKEY DO) Bottom line its sad times for the families that have experience and respect for others to have to pay the price for laws that only honest people follow.

[duneshredder911]

These laws are stupid!!! I just turned 15 and have never taken a class or anything.It doesnt stop me from going out in the dunes. Those age restriction on quads are even worse!

[Don29palms]

I agree that some of these laws are stupid but they are there because some parents refuse to take responsibility for the actions of their children. Another thing that bothers me is alot of the laws that apply to OHVs sre made my people that don't have any idea what an OHV is.

[SailAway]

It looks to me like this law was created as an enforcement tool to give some teeth to an existing law. My guess is it stems from someone who was hit or damaged by an uncertified minor driver and the victim wanted more satisfaction.

I don't agree with new laws and feel strongly that there are enough laws on the books right now and proper enforcement would benefit both law enforcement and the user.

Most laws help keep us safe if they are enforced during use or prior to use. This law seems designed to allow a bitter bite after the fact.

We all know there are parents out there who use their ATVs as a babysitter. They look the other way while their child races through camps, darts out from behind obstructions and hasn't got a clue about dune ettiquette. I think this law was created to make those parents responsible for what happens when that child races through a camp and strikes another vehicle, darts out from behind an obstruction and hits another quad, or screams through a crowd of onlookers.

Here is the link to the State of Caliornia OHV web page for current OHV regulations.

Here is the text of the safety training regulation:

ATV Safety Requirements

All-terrain vehicle (ATV) operators under 18 years of age must comply with the following California Vehicle Code requirements when operating an ATV on public lands. The Off-Highway Motor Vehicle Recreation Division (OHMVRD) currently provides funding for ATV safety certificate training for those age 6 through 17. For more information and to sign up for training contact the ATV Safety Institute at (800-887-2887).

CONDITIONS FOR OPERATING: MINORS

No person under the age of 18 years shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions:

*

(a) The person is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor.

*

(B) The person is under the direct supervision of an adult who has in their possession an appropriate safety certificate issued by this state, or issued under the authority of another state.

*

© The person has in possession an appropriate safety certificate issued by this state or issued under the authority of another state (CVC 38503).

CONDITIONS FOR OPERATING: ADDITIONAL REQUIREMENTS

No person under 14 years of age shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the conditions set forth in Section 38503 and, in addition, is accompanied by and under the direct supervision of a parent or guardian or is accompanied by and under the direct supervision of an adult who is authorized by the parent or guardian (CVC 38504).

I don't remember who posted that they never received a training certificate when they purchased a new quad, but they should return to the dealer and push for one. The dealers were not required to offer the training but they had a letter of understanding with the Consumer Product Safety Commission that they would do so.

Vicki