Must Read Ab 1086

[JPIVEY]

BILL NUMBER: AB 1086 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY MARCH 31, 2005

INTRODUCED BY Assembly Member Lieber

FEBRUARY 22, 2005

An act to add Section 5090.39 to the Public Resources
Code, relating to public resources. An act to amend
Sections 38170 and 38301 of, to amend the heading of Article 6
(commencing with Section 38319) of Chapter 5 of Division 16.5 of, and
to add Section 38323 to, the Vehicle Code, relating to vehicles.




LEGISLATIVE COUNSEL'S DIGEST


AB 1086, as amended, Lieber. Public resources: Division
of Off-Highway Motor Vehicle Recreation: hotline
Vehicles: off‑highway motor vehicles: operation .
(1) Existing law specifies the location for the display of an
identification plate or device on certain categories of
off‑highway motor vehicles.
This bill, instead, would specify the dimensions of the
identification plate or device, and the measurements for the print on
the plate or device, for these vehicles. The bill would revise the
location for the display of the plate or device on the vehicle.

(2) Existing law makes it unlawful to operate a vehicle in
violation of any special regulation that has been promulgated by the
governmental agency having jurisdiction over public lands, including
regulations governing access, routes of travel, plants, wildlife,
wildlife habitat, water resources, and historical sites. A violation
of this provision is an infraction under other related provisions of
existing law.
This bill, additionally, would make it unlawful to operate a
vehicle in violation of a statute, ordinance, rule, or order that has
been promulgated, issued, or passed by a governmental agency having
jurisdiction over public lands, including provisions governing
wilderness areas and closed areas. The bill would make a third or
subsequent violation of this provision within 7 years of 2 or more
prior violations punishable as a misdemeanor, by certain fines, or
terms of imprisonment in a county jail, or by both the fines and
imprisonment. Thereby, imposing a state‑mandated local program
by increasing the duties imposed on local law enforcement agencies.
The bill would authorize a court to order the impoundment, at the
owner's expense, of a vehicle used in the commission of a third or
subsequent violation.
(3) Existing law prohibits driving a vehicle upon real property
belonging to, or lawfully occupied by, another and known not to be
open to the general public, without the consent of the owner, the
owner's agent, or the person in lawful possession.
This bill would make it unlawful for a person to operate an
off‑highway motor vehicle on a trail on private property that
has not been designated by the property owner for use by
off‑highway motor vehicles, or that is not within the limits of
a public easement that permits use by off‑highway motor
vehicles, unless the person has in his or her immediate possession a
written document substantiating permission from the property owner to
operate the vehicle on that trail. The bill would provide that the
fact that the property fenced or posted with signs identifying it as
private property or indicating that off‑highway motor vehicles
are not permitted on a trail is not a defense to a charge of having
violated this provision. The bill would establish a
state‑mandated local program by creating a new crime.

(4)
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.
Existing law establishes the Division of Off-Highway Motor Vehicle
Recreation in the Department of Parks and Recreation, with the duty
of managing, maintaining, administering, and operating the state
vehicular recreation areas and trails within the state park system.

This bill would require the division to establish an unstaffed
toll-free telephone hotline for the purpose of receiving reports on
resource damage and off-highway vehicle violations and providing
information to the general public regarding trail conditions.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .


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


SECTION 1. Section 5090.39 is added to the Public Resources Code
, to read:
5090.39. The division shall establish an unstaffed toll-free
telephone hotline for the purpose of receiving reports on resource
damage and off-highway vehicle violations and providing information
to the general public regarding trail conditions.
SECTION 1. Section 38170 of the Vehicle Code
is amended to read:
38170. (a) Every off-highway motor vehicle subject to
identification shall have displayed upon it the identification number
assigned to the vehicle for which it is issued, together with the
word "California" or the abbreviation "CAL" and the year number for
which it is issued or a suitable device issued by the department for
validation purposes, which device shall contain the year for which it
is issued.
(b) The identification plate or device shall at all times be
securely fastened to the vehicle for which it is issued and shall be
mounted or affixed in a position to be clearly visible, and shall be
maintained in a condition so as to be clearly legible. No covering
shall be used on the identification plate or device.
(c) All identification plates or devices issued on or after
January 1, 1996, shall be displayed as follows:
(1) On the left fork leg of a motorcycle, either horizontal or
vertical, and shall be visible from the left side of the motorcycle.

(2) On the left quadrant of the metal frame member of sand rails,
rail-type buggies, and dune buggies, visible from the rear of the
vehicle.
(3) On the left rear quadrant on permanent plastic or metal frame
members of all-terrain vehicles, visible to outside inspections.

(4) On the left tunnel on the back quadrant of snowmobiles.

(c) The identification plate or device shall meet the following
specifications and shall be displayed as follows:
(1) On a motorcycle, the identification plate or device shall
measure seven inches in length and four inches in width. The
characters on the plate or device shall have a minimum height of one
and one-half inches and a minimum width of nine-sixteenths of an
inch, and shall have a minimum spacing between characters of
three-sixteenths of an inch. The plate or device shall be mounted on
the rear of the motorcycle.
(2) On a sand rail, rail-type buggy, or dune buggy, the
identification plate or device shall measure 12 inches in length and
6 inches in width. The characters on the plate or device shall have a
minimum height of two and three-quarter inches and a minimum width
of one and one-quarter inches, and shall have a minimum spacing
between characters of five-sixteenths of a inch. The plate or device
shall be mounted on the front and rear of the vehicle.
(3) On an all-terrain vehicle, the identification plate or device
shall measure 12 inches in length and 6 inches in width. The
characters on the plate or device shall have a minimum height of two
and three-quarter inches and a minimum width of one and one-quarter
inches, and shall have a minimum spacing between characters of
five-sixteenths of an inch. The plate or device shall be mounted on
the front and rear of the vehicle.
(4) On a snowmobile, the identification plate or device shall
measure 12 inches in length and 6 inches in width. The characters on
the plate or device shall have a minimum height of two and
three-quarter inches and a minimum width of one and one-quarter
inches, and shall have a minimum spacing between characters of
five-sixteenths of an inch. The plate or device shall be mounted on
the rear the vehicle.
SEC. 2. Section 38301 of the Vehicle Code
is amended to read:
38301. (a) It is unlawful to operate a vehicle in
violation of special regulations which have a
statute, ordinance, rule, regulation, or order that has been
promulgated , issued, or passed by the
a governmental agency having jurisdiction over public
lands, including, but not limited to, statutes, ordinances,
rules, orders, or regulations governing access, routes of
travel, plants, wildlife, wildlife habitat, water resources,
wilderness areas, closed areas, and historical sites.
(b) Except as provided in subdivisions (c) and (d), a violation of
subdivision (a) is an infraction, punishable by a fine of not more
than five hundred dollars ($500).
(c) A second violation of subdivision (a) that is committed within
seven years after a prior violation of subdivision (a) for which
there was a conviction is an infraction, punishable by a fine of not
more than seven hundred fifty dollars ($750).
(d) (1) A third or subsequent violation of subdivision (a) that is
committed within seven years after two or more prior violations of
subdivision (a) for which there were convictions is a misdemeanor,
punishable by a fine of not more than one thousand dollars ($1,000),
or by imprisonment in a county jail for not more than 90 days, or by
both that fine and imprisonment.
(2) In addition to the fine imposed under paragraph (1), the court
may order impoundment of a vehicle used in commission of the offense
if the person punished under this subdivision is the owner of the
vehicle and the vehicle is subject to identification under Section
38010. The period of impoundment shall be for not less than one day
and not more than 30 days. The impoundment shall be at the vehicle
owner's expense. SEC. 3. The heading of Article 6 (commencing with Section
38319) of Chapter 5 of Division 16.5 of the Vehicle Code
is amended to read:

Article 6. Trespassing, Littering , and
Environmental Protection

SEC. 4. Section 38323 is added to the Vehicle Code
, to read:
38323. (a) It is unlawful for a person to operate an
off‑highway motor vehicle on a trail on private property that
has not been designated by the property owner for use by
off‑highway motor vehicles, or that is not within the limits of
a public easement that permits use by off‑highway motor
vehicles, unless the person has in his or her immediate possession a
written document substantiating permission from the property owner to
operate the vehicle on that trail.
(b) The fact that the property is not been fenced or posted with
signs identifying it as private property or indicating that
off‑highway motor vehicles are not permitted on a trail is not
a defense to a charge of having violated subdivision (a).
(c) (1) Except as provided in paragraphs (2) and (3), a violation
of subdivision (a) is an infraction, punishable by a fine of not more
than two hundred fifty dollars ($250).
(2) A second violation of subdivision (a) that is committed
within seven years after a prior violation of subdivision (a) for
which there was a conviction is an infraction, punishable by a fine
of not more than five hundred dollars ($500).
(3) A third or subsequent violation of subdivision (a) that is
committed within seven years after two or more prior violations of
subdivision (a) for which there were convictions is an infraction,
punishable by a fine of not more than one thousand dollars ($1,000).

SEC. 5.
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.

 

[dirt bike dave]

That bill is bad news.

The way I read it, this bill would result in harsh penalties if you are riding anywhere that is not on the state's approved trail list, unless you are carrying written permission. I certainly don't trust Sacramento to comprehensively inventory the trail system. IMO, this is an attempt to remove riding areas and force us all onto SVRA's or onto 'designated' trails in the forest. The only designated trails will probably be things that are wide enough for quads. Bye-bye single track. Remember, if the state doesn't identify it as a legal trail, you are SOL.

Secondly, they want plates on our dirt bikes - I am sure that is going to cost alot more in annual fees than our current green stickers. BTW, green sticker funds are supposed to go to maintenance and acquisition of riding areas (ha ha), but these plate fees have no such requirement.

Third, it is blatantly in violation of the state's constitution in that it imposes requirements for regulation and enforcement on local authorities, but does not provide re-imbursement from the state.

The AMA and any organizations supporting OHV use should vehmently oppose this bill.

 

[JPIVEY]

That's what it sounds like to me, plates on bikes and making it absolutely illegal to ride anywhere other than a track or approved riding areas.

 

[TemeculaTim]

This bill will give ammo to the special interest groupos that want to reduce your rights. Riverside County is heading that way and their proposed ordinance includes restrictions to your useage on your own property. We all stand to lose alot for the actions of a few inconsiderate riders.

 

[JPIVEY]

ohv Bill Update

AB 555 (La Malfa) – OHMVR program sunset extension. (our sponsored bill)


This bill was heard in the Assembly Transportation Committee on Monday, April 11, our annual OHV Lobby Day. We had approximately 100 off roaders at the hearing and after the author’s presentation of the bill and brief testimony in support on behalf of OHV organizations, all the individual off roaders were given the opportunity to testify by stating their name and support for our bill. It was quite an overwhelming sight with the off roaders in their club colors parading up to microphone to participate. With only a representative from the Planning and Conservation League to offer weak testimony in opposition, our bill passed out of the committee on an 8-3 vote. It now heads to the Assembly Appropriations Committee for its next hearing.



Ayes: Bogh, S.Horton, Huff, Mountjoy, Niello, Oropeza, Ridley-Thomas & Torrico

Noes: Chan, Liu, Pavley

Abstain: Karnette, Salinas



AB 1487 (Wyland) – OHMVR Economic study (our sponsored bill)


This bill was heard in the Assembly Water, Parks and Wildlife Committee on Tuesday. The bill passed the committee with modest amendments that were requested by the Chairwoman, Lois Wolk (D), The amendments consultation with the Stakeholders group. Both I and Terry McHale testified in support of the bill on behalf of our OHV clients. In opposition were the Planning and Conservation League and the Sierra Club. The bill passed out of the committee on a 11-1 vote. It now heads to the Assembly Appropriations Committee for its next hearing.



Ayes: Baca, Bermudez, Daucher, Emmerson, Matthews, Maze, Parra, S. Runner, Saldana, Villines & Wolk

Noes: Pavley

Abstain: Berg, Dymally





AB 1086 (Lieber) - This bill did a number of things that off roaders didn’t like including making it unlawful to operate a vehicle in violation of a statute, ordinance, rule, order, etc by any governmental agency having jurisdiction over public lands, including provisions governing wilderness areas and closed areas and would make the 3rd violation a misdemeanor punishable with fines and/or imprisonment. The bill also would require written permission to traverse private lands and made changes to the specifications for the license stickers increasing the size.



This bill was also heard in the Assembly Water, Parks and Wildlife Committee on Tuesday. Again, both I and Terry McHale were there to represent our respective OHV clients in opposing this legislation. This bill was sponsored by the Planning and Conservation League and supported by the Sierra Club. This bill did not pass the committee. It failed on a 4-8 vote.



Ayes: Bermudez, Pavley, Saldana, & Wolk

Noes: Baca, Daucher, Emmerson, Matthews, Maze, Parra, S. Runner, & Villines Abstain: Berg, Dymally





AB 1209 (Yee) – Requires snowmobile rental companies to provide a training course to renters to familiarize the renter with the safe operation of the vehicle, provide a helmet and requires the guides to have CPR training.



This bill was also heard Tuesday in the Assembly Judiciary Committee. This bill is similar to a bill last session by the author. The previous bill was supported by most of the OHV organizations. The California Nevada Snowmobile Association is in support as well. This bill passed the committee on a 7-2 vote. This bill now goes to the full Assembly for a vote.



Ayes: Evans, Jones, Laird, Leslie, Levine, Lieber & Montanez

Noes: Harman & Haynes



These bills all have a long way to go to reach the Governor’s desk. Naturally, we were helped by the 60 plus off roaders and all the off road kids who showed up on the OHV Lobby Day to testify and to lobby on AB 555, AB 1086 and AB 1487. Our opponents will continue to oppose our bills, AB 555 and AB 1487. We can also expect to see AB 1086 amended and brought back to life.

 

[TemeculaTim]

AB 1086 (Lieber) -

This bill was sponsored by the Planning and Conservation League and supported by the Sierra Club. This bill did not pass the committee. It failed on a 4-8 vote.


That is good news :yeehaw:

 

[Ol'89r]

Apathy is our biggest enemy.

Absolutely Terry and this Bill is not dead, in fact, there's another hearing on this Apr 26, 05

Write your Assemblyman

 

[JPIVEY]

Opps, how the hell did I do that, I didn't mean to edit your post Terry

Please rewirte that, that was good stuff

Sorry :bang: :bang: :bang:

damn , I must have hit the edit button by mistake, I didn't know I could do that

 

[Ol'89r]

Opps, how the hell did I do that, I didn't mean to edit your post Terry

Please rewirte that, that was good stuff

QUOTE]
No problem Jim.

Ok, if I can remember what I said. :coocoo:

I believe it went something like;

This is why it is so important that we ALL get involved with attending these meetings and writing letters to our representatives.

We have the numbers to fight this if we would only get off of our butts and attend these meetings. We seem to have the time to post about how fast our Yzuki 50 is or why the color puce is better than mauve or whatever. :| But, many of us won't take the time to write or even send an email to our State and Federal rep's to stick up for our own rights. Much less take the time to attend a meeting.

The ball is in our court. If we don't take it and run with it then, we have nobody to blame but ourselves.

Our state Governator is a dirtbiker. We have a window of opportunity here to make a difference. PLEASE write a letter to Arnold and tell him how important this sport is to you and your family. Tell him how much money you spend on your sport in this state. Tell him how easy it would be for you to move to another state and take all of your money with you. Be nice, be polite, be firm. He is someone that can see it from our side.

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, Ca. 95814

Or fax to; 916-445-4633

Another good link,
www.arra-access.com
Arra will provide you with letters already written out. All you have to do is add your name and address and click. Couldn't be easier. They will also alert your email when these bills come up.

This affects all of us. Not just us here in California. What happens here will be moving to a state near you.

Apathy is our biggest enemy.

Ol'89r