New California law for kids on OHVs

[SailAway]

http://www.leginfo.ca.gov/pub/07-08/bill/s..._introduced.pdf

New legislation currently in the process.

Take a close look. Some of this isn't so bad, but some is.

It raises the age for a child to be certified or supervised by a certified adult from 14 to 16. Not a big deal? It also regulates the size of the machine the child can ride and no, that hasn't been a law. There has been an agreement with the manufacturers that they would not sell OHVs directly to minors, but it has not been illegal for a child to ride a size-appropriate bike.

IMHO training and supervision are the keys to off-road safety. I haven't seen any studies indicating that injuries to minors have anything to do with the size of the bikes. Mandating the size of the ride by age makes little sense to me... when it comes to kids, once size does not fit all. Walk into a classroom full of 8 year olds and measure the height and weight differences and then tell me they should all be on the same size bicycle. :bangin: And, existing law already dictates that a child must be able to safely operate the equipment, can reach the brakes, the shifter, etc.

But heck, what do I know. As quietly as this thing is being passed through the system, apparently it's seen as a viable solution, can I hear an amen.

BILL NUMBER: SB 1228 INTRODUCED

BILL TEXT

INTRODUCED BY Senator Maldonado

FEBRUARY 14, 2008

An act to amend Sections 38504, 38504.1, and 38504.2 of the

Vehicle Code, relating to all-terrain vehicles.

LEGISLATIVE COUNSEL'S DIGEST

SB 1228, as introduced, Maldonado. All-terrain vehicles: operating

violations.

(1) Existing law prohibits a person under 14 years of age from

operating an all-terrain vehicle on public lands of this state unless

that person satisfies specified safety conditions and, in addition,

is accompanied by, and under 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. Existing law

prohibits a parent or guardian of a child who is under 14 years of

age or an adult who is authorized by the parent or guardian to

supervise the child, from granting permission to, or knowingly

allowing, that child to operate an all-terrain vehicle in a manner

that violates the above-described prohibition. Existing law makes a

violation of the above an infraction punishable by a specified order

or fine.

This bill would prohibit a person under 16 years of age from

operating an all-terrain vehicle on public lands of this state unless

that person is accompanied by, and under direct supervision of, a

parent or guardian or adult who is authorized by the parent or

guardian and is in possession of a specified safety certificate. The

bill would impose specified size restrictions on all-terrain vehicles

operated by persons under 16 years of age. This bill would also make

conforming changes.

Because this bill would expand the scope of an existing crime, it

would create 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.

State-mandated local program: yes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 38504 of the Vehicle Code is amended to read:

38504. No (a) A

person under 14 16 years of age

, on and after January 1, 1990, shall not

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. all of the following conditions:

(1) The person is accompanied by, and under the direct supervision

of, a parent or guardian or is accompanied by, and under direct

supervision of, an adult who is authorized by a parent or guardian.

(2) The person is in possession of a safety certificate issued

pursuant to Section 38501 or issued under the authority of another

state.

(B) (1) Notwithstanding subdivision (a), a person under 12 years

of age shall not operate an all-terrain vehicle that is of a size

that displaces more than 70 cubic centimeters.

(2) Notwithstanding subdivision (a), a person 12 years of age or

older but under 16 years of age shall not operate an all-terrain

vehicle that is of a size that displaces more than 90 cubic

centimeters.

SEC. 2. Section 38504.1 of the Vehicle Code is amended to read:

38504.1. (a) Neither a A parent or

guardian of a child who is under 14 16

years of age , nor or an adult who is

authorized by the parent or guardian to supervise that child shall

not grant permission to, or knowingly allow, that child to

operate an all-terrain vehicle in a manner that violates Section

38504.

(B) A person convicted of a violation of subdivision (a) is

punishable as follows:

(1) For a first conviction, the court shall either impose a fine

of one hundred twenty-five dollars ($125) or order the person to take

or retake and complete an all-terrain vehicle safety training course

pursuant to Section 38501. If ordered to take or retake and complete

the safety training course, the person shall provide the court a

copy of the all-terrain vehicles safety certificate issued as a

result of that completion.

(2) For a second conviction, a fine of not less than one hundred

twenty-five dollars ($125) nor more than two hundred fifty dollars

($250).

(3) For a third or any subsequent conviction, a fine of not less

than two hundred fifty dollars ($250) nor more than five hundred

dollars ($500).

SEC. 3. Section 38504.2 of the Vehicle Code is amended to read:

38504.2. If a person under 14 16

years of age was not properly supervised or accompanied in accordance

with Section 38504, and the parent or guardian of that child or the

adult who was authorized by the parent or guardian to supervise or

accompany that child is in violation of Section 38504.1, upon a

conviction pursuant to Section 38504, the court may order that child

to attend and complete the all-terrain vehicle safety training course

accompanied by the person who violated Section 38504.1. If so

ordered, the child under 14 16 years of

age shall provide the court a copy of the all-terrain vehicles

safety certificate issued as a result of that completion.

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.

Vicki

[Richard Cheese]

so this is just a bill right now? not a law, right?

I have a 5 yr old that we are looking for right now, and the 50's are too small for him, and grossly underpowered.

the 80's and 90's are the perfect size for him right now....

[wingnut]

So what your saying is string cheese isn't string cheese at all....He's actually Mac n Cheese?

[Warrior07]

so this is just a bill right now? not a law, right?

I have a 5 yr old that we are looking for right now, and the 50's are too small for him, and grossly underpowered.

the 80's and 90's are the perfect size for him right now....

Have you found him yet :shocked2:

[DarbyCrash]

They are going to have a heck of a time enforcing it if it does pass. More than likely the rangers wouldn't push it too much unless the child was being allowed to operate the vehicle in an unsafe manner or it was blatent irresponsibility by the parent/guardian (a 6 yearold on a Banshee for instance)

[dinicolady]

^^^^^^^^I certainly hope you are correct!! Our daughters, both under 16, ride a 250 and a 350, and our 11 yr old son rides a 250 also. He was on a 90 up until this past season, but he literally out grew it and it could no longer keep up with his skills!! We have also let the girls run my 700 and Davey's Banshee on a few occasions (and OFF weekend)!! They're impressive on Banshee and Comp hills.

Frankly, I think the "toy" ATVs, 50cc or less, are hazardous out in the sand. They can't keep up and get stuck quite often, hence an accident waiting to happen. JMO

[KawasakiBob]

They are going to have a heck of a time enforcing it if it does pass. More than likely the rangers wouldn't push it too much unless the child was being allowed to operate the vehicle in an unsafe manner or it was blatent irresponsibility by the parent/guardian (a 6 yearold on a Banshee for instance)

And THATS why they keep passing laws like that.

Because a parent lets a young kid take his built banshee out, hurts himself, and sues the dealership, the manufacturer, and the state of the riding area.

It happens so much more than you'de ever believe.

BTW Local Vegas residents can see the new commercials trying to get the people to jump onboard of the latest Rhino rollover lawsuit, now watch what new laws will be passed on side by sides in the near future so some greedy folks can make a few bucks.

[SailAway]

so this is just a bill right now? not a law, right?

Yes and no. This is the first stage in making it a law. The legislation has to pass through California Senate and Assembly and then it has to be signed by the Guv and then it becomes law. The timing for this to pass into law would be January 1, 2009.

Vicki

[barefoot bob]

my daughter is 7 and rides a 250 this law is unacceptable

[tkriley]

it`s always something.but my 3 kids have been riding for years and if they would have stayed on the bikes the laws want them too.they probably wouldnt want to go riding.but i always watch them pretty closely.i think when they come up w/this crap it`s because of kids riding to big of bikes.we were out at glamis a couple of years ago and there was a kid over at olds whoppen our arse`s he could barely even touch the pegs and to sift he had to lean over and thru the whoop`s he would almost crash every time but when the hill got smoothed watch out cause he was coming up fast.that was on a newyears weekend,those people (his parents)are the ones to blame for these new laws on OHV`s.we all feel the effects for those kind of people.thats my 2 cents

[RacerX]

What is the definition of an ATV in the governments eyes? Does this cover motorcycles, Rhinos, golf carts, etc? Or just quads? 90 cc for 12-16 year olds is crazy!! I sure am glad Mr. Maldonado can save me from myself...... Can't they find a way to punish the careless without going after everybody???? :shocked2: :shocked2:

[Richard Cheese]

So what your saying is string cheese isn't string cheese at all....He's actually Mac n Cheese? :argue:

:chug:

thats funny craig

[Richard Cheese]

Have you found him yet :chug:

:argue:

[Richard Cheese]

I called Sena TORE Maldanado Friday, even though i am not in his district, and told his representative how he should have researched this more, maybe with an off road group like CORVA, or the ASA

these freekin liberals (i looked at his voting record...he is a liberal's liberal) have no clue about off roading. they personally dont off road, or they wouldnt be liberals

all you Californians out there...call your state representatives and Senators and tell them to vote no on SB 1228!!!

[1320]

Seems pretty bad for the people that actually have experience. Obviously the group you need to protect. My 5 yr old daughter has been ridig for 3 yrs...and is on her second quad. She started on a 50. Now a 110. I can already see her going bigger much sooner then I ever thought. The power you need in the sand is a lot more then riding around hard pack . If she could pull the clutch on the blaster, I have her on it. Power doesnt hurt you, bad decisions do. We do training at home and at the dunes for rding skills. We specifically go out and work on riding, decision making, scenerios etc....

My 2 yr 4 month old boy doesnt talk much yet....but he gets on the 50. By the time he is 10 hell have more seat time then most adults. These kids (not just mine) will go out and ride till they run out of gas, then fill up and do it again. My daughter probably rides around 7 hrs a day at the dunes.

If it passes and becomes an issue....Ill just put bigger engines 90 cc frames.....great they ll be even faster. longer suspension...etc etc...hmmm....a 90 (I have one that needs a motor) with a blaster motor.

[predu]

just 1 more reason why california is a crock of sh*t!!! the state has gone downhill for the last 10 -15 years and the bottom is not in site.soon dumont and glamis will be like disneyland to appease everyones whinning

[ocean's 4]

Dude, seriously, KawasakiBob's avatar is fuggin creepy.

[Tripleshot]

This is crap. My grandsons at 11 and 12 can outride most anyone out there and they ride full powered up perfomance 450's by honda and suzuki. They have skills and experience way beyond some jerk a$$ politican saying some gawd damn law should be placed on these riders based on age alone. I want to run this rat bastard over myself and then he can sue me if he still breathing. :chug: :argue:

[motoxman30]

there is no way they can enforce this

one thing leads to another

most of the people out there are under the age limit anyways

it says the age on the fender most of the time as guidelines

alot of the poeple out there dont follow this

this will lead to people not riding if they enforce it

in the end the environmentalists win

and we can say hello to obama or hillary without any problem

[ash]

Both my daughter's ages 6 and 8 ride Raptor 90's. The 50's just couldn't do it. Sure down in the wash it was not a problem, but after a while they got tired of that and wanted to ride the little dunes or out to the east and around. There is always and I mean ALWAYS an adult leading and an adult following. If the law is passed, then it is what it is at the end of the day. Fireworks are not allowed, but they will be there every time we go out. Will I take my kids off their quads and stick em on a lesser, more prone to getting stuck in the sand (accident waiting to happen) quad...nope, they will ride what they ride safely and effectively. Just my .02

[indasand]

Well I for one think this will hurt the dedicated riders more than the impact they are trying to have on the screwed up parents...

My youngest started on a PW50cc bike because of skill level and physical size at 5yrs old. His next bike was a PW80 because he out grew the 50cc. Long story short.... he now rides a KX65, this is a race ready motocross bike..... it took allmost 5 yrs of riding to get to this skill level. Down in CC up in class....

This sceniaro is something lawmakers can never account for....

[SailAway]

it`s always something.but my 3 kids have been riding for years and if they would have stayed on the bikes the laws want them too.they probably wouldnt want to go riding.but i always watch them pretty closely.i think when they come up w/this crap it`s because of kids riding to big of bikes.we were out at glamis a couple of years ago and there was a kid over at olds whoppen our arse`s he could barely even touch the pegs and to sift he had to lean over and thru the whoop`s he would almost crash every time but when the hill got smoothed watch out cause he was coming up fast.that was on a newyears weekend,those people (his parents)are the ones to blame for these new laws on OHV`s.we all feel the effects for those kind of people.thats my 2 cents

BINGO.

And yes, I absolutely believe that is indeed the primary reason these restrictions are being suggested, or at least it is the primary reason behind the folks who are supporting this kind of extreme legislation.

If it really was all about the safety of the children and not a way to target the sport, education would be the focus, not restrictions.

Vicki

[SandBox_Kid]

BINGO.

And yes, I absolutely believe that is indeed the primary reason these restrictions are being suggested, or at least it is the primary reason behind the folks who are supporting this kind of extreme legislation.

If it really was all about the safety of the children and not a way to target the sport, education would be the focus, not restrictions.

Vicki

Cut the family out of "family fun" and it's no fun for the family.

[KawasakiBob]

Why TY I try and have rather "creepy" avatars...

Here's a clue to the laws and why they're in effect as dealing to the age restriction you run into at your local dealership...

(Man I'm gonna give away my age)

Anyways, the restrictions primarily went into effect in 1988 or so dealing with age because of a few studies..

If a child crashed a dirt bike, the majority of the time the bike would go one way and the rider another.

When an ATV'er crashed, more likely the quad would roll with the person causing more injury than the actual crash itself.

As for the cc limits, 250cc back in those days were TriZ's, ATC/TRX250R's and the such, not so much the TRX250EX's and some we have today.

The other point for the dealer not selling them if they know its for a youngster isnt the dealer trying to be pricks.

I worked for factory Yamaha back in 94, and had believe it or not, a local shop that was "shopped" by the ATV Safety Institute and got caught recommending a Wolverine 350 for a large sized 15 yr old, the "customer"(shopper) told him.

That dealer was fined a few thousand dollars and was put on probation if they got caught doing it again they would have the Yamaha ATV franchise yanked from them.

The OEM's dont screw around with that stuff, hence putting the dealers kahune's in a bind.

Just about every dealer Ive worked at over the last ummm few *cough* years has been sued numerous times for a youngster being hurt on an ATV they shouldn't have been riding.

[Free Agent]

Thanks for posting that Vicki

so this is just a bill right now? not a law, right?

I have a 5 yr old that we are looking for right now, and the 50's are too small for him, and grossly underpowered.

the 80's and 90's are the perfect size for him right now....

Consider the Hansim 50.

It's really 70 cc's and parents we know love um.

No complaints.

Yeah, it's a cheapie China quad, but not bad for $450.

Wish we had put our 5 year old on one instead of the expensive, slow troublesome Suzuki 50.

County motorsports will even get you paddle tires for them and save you the hassle of shopping around for them.

Every parent we know that has bought the 50 has said it's the best money they ever spent.

I've been real hard on the China quads in all the forums,, but this 50 cc ATV is a good deal,, and the only 50 with ample power.

It has wireless remote control which is cool for training, the teather dead man, elect start,, a good deal.

Edited April 9, 2008 by yfzdad