Vote Smart's Synopsis:

Vote to pass a bill that authorizes someone to drive an off-road vehicle without a helmet or protective eyewear with a written note from a physician.

Highlights:

• Prohibits operating an ORV (Off-Road Vehicle) within 100 feet of a dwelling at a speed greater than the minimum required to maintain controlled forward movement of the vehicle, except under any of the following circumstances (Sec. 81133.g):

• On property owned by or under the operator's control or on which the operator is a guest;

• On a forest road or forest trail if the forest road or forest trail is maintained by or under the jurisdiction of the department; or

• On a street, county road, or highway on which ORV use is authorized.

• Prohibits operating an ORV within 100 feet of a slide, ski, or skating area, unless the vehicle is being used to service the area or is being operated (Sec. 81133.l).

• Prohibits operating an ORV while transporting or possessing, in or on the vehicle, alcoholic liquor in a container that is open or uncapped or upon which the seal is broken, except under either of the following circumstances (Sec. 81133.r):

• The container is in a trunk or compartment separate from the passenger compartment of the vehicle; or

• If the vehicle does not have a trunk or compartment separate from the passenger compartment, the container is encased or enclosed.

• Prohibits operating an ORV on adjacent private land, in an area zoned residential, within 300 feet of a dwelling at a speed greater than the minimum required to maintain controlled forward movement of the vehicle, except under any of the following circumstances (Sec. 81133.t):

• On a forest road or forest trail if the forest road or forest trail is maintained by or under the jurisdiction of the department; or

• On a street, county road, or highway on which ORV use is authorized.

• Requires an individual who is operating or is a passenger on an ORV to wear a crash helmet and protective eyewear that is approved by the United States Department of Transportation. This subsection does not apply to any of the following (Sec. 81133-2):

• An individual who owns the property on which the ORV is operating, is a family member of the owner and resides at that property, or is a guestof an individual who owns the property. An exception under this subdivision does not apply to any of the following:

• An individual less than 16 years of age.

• An individual 16 or 17 years of age, unless the individual has consent from his or her parent or guardian to ride without a crash helmet; or

• An individual participating in an organized ORV riding or racing event if an individual who owns the property receives consideration for use of the property for operating ORVs.

• An individual wearing a properly adjusted and fastened safety belt if the ORV is equipped with a roof that meets or exceeds United States Department of Transportation standards for a crash helmet;

• An individual who possesses a written verification from a physician that the individual, for physical or medical reasons, is unable to wear a crash helmet. The individual must exhibit the written verification upon the request of a peace officer.

• An ORV operated on a state-licensed game bird hunting preserve at a speed of not greater than 10 miles per hour; and

• An ORV operated to tow a fishing shanty or supply shed over the frozen surface of public waters at the minimum speed required to maintain controlled forward movement of the vehicle or while traveling to and from a fishing shanty at a speed of not greater than 10 miles per hour.

Full Bill Text