Please call to stop or amend bill AB 1595!

[NIKAL]

For those who dont know California passed a bill AB1595 earlier in the month that defines UTV's. This bill was originally a TAX bill that was struck down and later change to a OHV bill! This bill has made wearing helmets & seat belts a law starting 1/1/13. But there are two more parts of this law that are of bigger concern.

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.

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.

These are the two bigger issues as 38604 will keep children, people with disabilities like amputees and dwarfism from being able to ride in a UTV, as their feet would not be able to touch the floorboards. The next is 38603 will make anyone who has added a back seat kit in a Rhino or other like UTV illegal.

Currently the UTV users have been making a big noise and Assmeblyman Paul Cook who wrote the bill is working to amend these two parts. He admitted they did not know enough about the industry and the implications it would have. The Recreational Off-Highway Vehicle Association (ROHVA) which has the manufactures behind them was supporting this bill and he did not know how this would effect the general public. The ROHVa is standing behind the original bill and will probably not concede quietly. He is working to fix this.

His office also said they understand the system is flawed as they are mandating you wear a helmet in a UTV and children have been exclude from riding in them, yet you can put a small child in a 500 hp buggy with no helmet or proper restraints and be totally legal.

They hope to have this law amended and put forth before the Governor before the end of this legislation season. If not the bill will go into effect on 1/1/13, but that Cook's office will be contacting every California Park and BLM agency requesting they do not enforce this law as it is being amended.

We need help keeping this topic in the forefront of Mr Paul Cook's office. Please Call his office and let them know you disapprove of this bill and request they eliminate the bill or amend parts of it. It is amazing only a few days of calls have gotten this far. Imagine if we all could ban together and fight the big fight! We can make a difference! The UTV community seems to be doing so!

Paul Cook's office

34932 Yucaipa Blvd.
Yucaipa, CA 92399
909-790-4196
909-790-0479 fax

Tim Itnyre - Legislative Director
State Capitol, Room 5164
Sacramento, CA 95814
916-319-2065
916-319-2165 fax

Here is the bill that was originally written up at a Tax Bill and then struck down and changed to a OHV helmet/restraint law among the other parts slipped in. How does a Tax Bill become a OHV bill???? Also this bill passed unanimously! How is it that Assemblymen & Congressmen that claim to support OHV and open recreation land supported this bill? I have called Joel Anderson who is a big supporter of OHV land and am waiting for his office to call me back with is explanation. They said I would have a call be whiten 24 hours.

http://www.leginfo.ca.gov/pub/11-12/..._chaptered.pdf

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[NIKAL]

One more thing about this bill. There is apart in it that states you must be 16 to drive one unless you have adult supervision with you. Because Trophy Karts are under the 1000cc rule they to should fall into this category. How are you going to ride with your under 16 year old in a Trophy Kart or other small OHV made for kids?

[BajaIvan]

Under supervision doesnt mean you have to get on with them just means keep them close by. Just like with kids younger than 16 who ride bikes and quads.

[NIKAL]

The general off-road community needs to take a look at what the UTV community is doing. Because it seems to be working. When was the last time you heard a bill or law being changed in regards to OHV?

Cook Proposes Clarifications to Off-Road Vehicle Law
For Immediate Release: August 1, 2012
John Sobel (916) 319-2065

SACRAMENTO - Assemblyman Paul Cook (R-Yucca Valley) responded to the off-road vehicle safety guidelines contained in AB 1595 with the following:

"I'm proposing two deletions to this law to address concerns over restrictions on aftermarket seats and passenger height. My goal is to move these clarifications through the Legislature before the end of session.

"The original bill saw wide support over the course of four committee hearings and one presentation on the floor of each house, with no opposition to the bill from any organization or individual at the time. I'm optimistic that these clarifying changes will find the same bipartisan support."

Anyone seeking more information on these proposed changes should email [email protected].

Assembly Member Paul Cook
34932 Yucaipa Blvd.
Yucaipa, CA 92399
909-790-4196
909-790-0479 fax

Tim Itnyre - Legislative Director
State Capitol, Room 5164
Sacramento, CA 95814
916-319-2065
916-319-2165 fax


I also spoke with Senator Joel Anderson office in El Cajon. They too want to hear from all of us. They said these laws dont stay in district lines and will effect his community too. William in Anderson's office asked to have as many people call their office and express their displeasure with Paul Cook's AB 1595 Bill. The more calls the more power Joel Anderson will have when this goes back in front of the Legislation Committee.

Senator Joel Anderson
619-596-3136

[DustJunkie]

The Recreational Off-Highway Vehicle Association (ROHVA) which has the manufactures behind them was supporting this bill and he did not know how this would effect the general public. The ROHVa is standing behind the original bill and will probably not concede quietly. He is working to fix this.

http://www.leginfo.ca.gov/pub/11-12/..._chaptered.pdf

The only reasons I see that the manufacturers are behind it is to sell their new 4 seaters and to limit liability.

Really, the rep from Yucca Valley didn't know how it would effect the general public? How is he behind the bill? Oh yeah, $$$$$.

[JPBart]

That will be interesting for Rescue 3. We move people from the middle of nowhere to an ambulance, sometimes in a stokes basket and on a backboard. Don't expect we will be putting helmets on them since we likely just managed to get one off of them to render aid and put them in c-spine. We also generally wear intercom headsets instead of helmets because we can respond quicker and see and hear better. We do wear belts but top speed on our UTV's is about 40 on a flat road heading downhill. We probably average under 20 and quite often are crawling over some tough terrain to get to an injured rider.

Why do we need laws like this at all? Darwinism is a good thing for the human herd and all these laws to protect stupid people from the consequences of being stupid is not good for the human race.

[JPBart]

I called and let them know the problems this would cause.

[NIKAL]

I'm sure there are more people to contact. Take 30 minutes and make a few calls a day. Call each of the phone #'s for each politician. Then when done start over.

Paul Cook Assemblymen & author of the bill
760-228-1462 main office
916-319-2065 Capitol office

V Manuel Perez 80th district Assemblymen (Imperial Valley & Glamis)
760-336-8912 El Centro office
916-319-2080 Capitol office

Brian Jones 77th district Assemblymen (San Diego County including Anza Borrego & Cleveland National Forest) (Off-Roader himself)
619-441-2322 Santee office
916-319-2077 Capitol office

Juan Vargas District 40 Senator (Cleveland National forest, Anza Borrego & Glamis)
619-409-7690 Chula Vista Office
760-335-3442 El Centro office
916-651-4040 Capitol office

Tim Donnelly District 36 Assemblymen (Hemet, Lucerne valley) OHV Supporter

760-244-5277 Hesperia office
916-319-2059 Capitol Office

Joel Anderson District 36 Senator (El Cajon, Temecula, Cleveland National Forest) OHV Supporter

619-596-3136 El Cajon office

Americans with Disabilities Act (ADA)
Open 10:30 a.m. until 4:30 p.m Eastern Time
800-514-0301 (Long automated message, Dial 7 for assistance)
Or (202) 307-0663


I think the ADA would love to know what laws California is pushing and Jerry Brown is signing. The ADA has lawyers too!

[NIKAL]

Take 30 minutes and make a few calls a day. Call each of the phone #'s for each politicians. Then when done start over. Also just because their offices are closed on weekends, does not mean you cant fill their voice mails with your opinions. Let them know this is how their Mondays are going to start!

FIND YOU STATE REPRESENTATIVES
http://192.234.213.69/amapsearch/

Paul Cook Assemblymen & author of the bill (Let them know if this is not fixed you will support Gregg Imus for Congress!)
909-790-4196 main office
916-319-2065 Capitol office

V Manuel Perez 80th district Assemblymen (Imperial Valley & Glamis)
760-336-8912 El Centro office (They need more calls!)
916-319-2080 Capitol office (They need more calls!)

Brian Jones 77th district Assemblymen (San Diego County including Anza Borrego & Cleveland National Forest) (Off-Roader himself)
619-441-2322 Santee office
916-319-2077 Capitol office

Juan Vargas District 40 Senator (Cleveland National forest, Anza Borrego & Glamis)
619-409-7690 Chula Vista Office
760-335-3442 El Centro office
916-651-4040 Capitol office

Tim Donnelly District 36 Assemblymen (Hemet, Lucerne valley) OHV Supporter
760-244-5277 Hesperia office
916-319-2059 Capitol Office

Joel Anderson District 36 Senator (El Cajon, Temecula, Cleveland National Forest) OHV Supporter
619-596-3136 El Cajon office

Congressmen Bob Filner 51st district (San Diego, El Centro, Superstition, Glamis, Salton Sea)
(619) 422-5963 San Diego office
(760) 355-8800 Imperial Valley office
(202) 225-8045 Capitol

Assemblymen Connie Conway (San Bernardino)
(559) 636-3440 Main office (Needs more calls)
(916) 319-2034 Capitol office

Senator Bill Emerson (District 37 Riverside County)
(760) 568-0408 Palm Desert office (Needs more calls)
(916) 651-4037 Capitol office (Needs more calls)

Americans with Disabilities Act (ADA)
Open 10:30 a.m. until 4:30 p.m Eastern Time
800-514-0301 (Long automated message, Dial 7 for assistance)
Or (202) 307-0663

[kim]

The bill in its current form WILL be amended and changed. I've had conversations with a few people in the know. They assure me that changes are in the works. Most likely the only rule that will remain will be the helmet requirement. That is still a problem for R-3. I will be exploring the possability for special dispensation for rescue groups like ours.