Cycle News is a weekly magazine that covers all aspects of motorcycling including Supercross, Motocross and MotoGP as well as new motorcycles
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o/OLUME VIi'! ASSEMBLY BILL MAY END OFF-ROAD RIDING By Russ Sanford In an earlier column, I reported on two Bills before the State Legislature which would seriously bann off-road motorcycling_ As a result, the State Capitol was flo oded with letters from all over the state_ As a further result, Assemblyman Ryan amended AB 578 to exclude motorcycles and motor-driven cycles. Also, Senator, Gregorio had indicated that ,no further action will be taken on SB 508. Each one of you who wrote letters can take pride in knowing that you are personally responsible for preserving off-road riding. My thanks and congratulations! DON'T BREAK YOUR ARM Before you run the risk of 'pulling a muscle' by patting yourself on the back, you must write two more letters to your elected representatives. Assemblyman Z'berg has introduced the most preposterous anti-motorcycle legislation which we have encountered. His Bill, AB 2985, is so complicated and covers so many subjects that it defies sum marization. Therefore, those portions which pertain to motorcycles 'are re-printed in their entirety: The people of the State ofCalifomia do enact as follows: Section 1. Division 10 (commencing with Section 1QooO) is added to the Public Resources Code, to read: DIVISION 10. SNOWMOBILES AND OFF-ROAD VEHICLES Chapter 1. Definitions 1QOOO. "Off-road vehicle" means any motorized vehicle designed for or capable of cross~untry travel on or immediately over land, water, snow, ice, marsh, swampland or other natural terrain. It includes, but is not limited to, four-wheel-drive or low-pressure-tire vehicles, motorcycles and relat~ two- and three-wheel vehicles, amphibious machines, ground~ffect or air-eushion vehicles, and any other means of transportation denving motive power from any source other ~an muscle or wind; except that such term shall exclude any registered motor-boat, any military, fire or law enforcement vehicle, farm-type tractors and other self-propelled agricultural equipment used exclusively for agricultural purposes, any self-propelled equipment for harvesting and transportation of forest products, or for earth moving or construction while being used for these purposes on the worksite, and self-propelled lawnmowers, snowblowers, garden or lawn tractors or golf carts while being used exclusively for their designed purpose. 10001. "Snowmobile" means off·road vehicle that is less than 40 inches wide and no heavier than 500 pounds and is designed for and used exclusively for travel over snow or ice. Chapter 2. Registration and Licensing 10010. All off-road vehicles operated within the state, and now registered under the motor vehicle law, shall be registered with the State Department of Motor Vehicles after ----------, except for vehicles operated exclusively on the owner's property. Registration shall be for a period of three years. Registration certificates and numbers shall be provided to the applicant for a fee. The fee for registration of a snowmobile shall' be ---------- for three years. Revenues from registration fees shall be allocated to the Department of Motor Vehicles to cover registration costs, for use in the enforcement of this division and for compensation for damage to private property when the identity of the vehicle or operator cannot be determined, and after official verification and appraisal of the damage. Regulations to carry out this section 'shall be issued by the Director of Motor Vehicles within four months of passage of this division. 10011. Every off-road vehicle operated within the state after - - - - - - - - shall display its registration number in plainly distinguishable characters no less than three inches high. The method of identification display for various types of off-road vehicles shall be determined by appropriate regulations of the Department of Motor Vehicles. The identification number shall be the permanent number for the vehicle. 10012. Registration of an off-road vehicle in any other state or province is valid in this state for a period of 20 days from the time of arrival into this state, provided that vehicle identification meets the requirements of Section 10011. 10013. In lieu of permanent registration, nonresident owners of off-road vehicles may secure temporary permits and vehicle identification numbers for 15 days upon application to offices of the Department of Motor Vehicles. The fee for temporary permits shall be 100014. No one shall operate an off-road vehicle anywhere in the state without a license from the state or, if a nonresident, from the state of his residence to operate that particular class of off·road vehicle. Regulations for classifying off-road vehicles and for licensing drivers shall be made by the Department of Motor Vehicles within six months of passage of this division. The minimum age for a snowmobile operator's license shall be 12 years and new applicants shall be required to have had four hours supervised instruction by a qualified instructor 'and shall demonstrate by examination and adequate knowledge of laws, regulatiolJs safe operating procedures, and equipment. 10015. No person shall operate an off-road vehicle on, across, or within 10 feet of any public road, street or highway unless licensed to C*CI.ENEWS 2499 OBi i ItusAve. operate a motor vehicle in this state. No nonresident of this state shall operate an off-road vehicle on, across, or within lQ feet of any public road, street or highway unless he is duly licensed to operate a motor vehicle in the state or country of his residence. 10016. All dealers of off-road vehicles shall: (a) Register annually with the State Department of Motor Vehicles. Registration certificates shall be made available to a dealer for the fee of ---------- for one year. (b) Register the vehicle, affix the required identification number of the vehicle, and transfer the fee to and record the registration with the state. For this service the dealer may charge the purchaser a reasonable fee as established by the regulation of the Department of Motor Vehicles. (c) Maintain his off·road vehicles in a safe condition. No dealer shall lease or otherwise make available for use an off-road vehicle to a person whom he has reason to believe is incompetent to run such vehicle in a lawful manner. No dealer shall make available or sell an off-road vehicle unless the user or purchaser has a valid license or user permit for that vehicle. All off·road vehicles provided for temporary use by a dealer shall be identified in accordance with regulations issued under Section 10011. 10017. Within 15 days of the transfer of ownership, or part ownership, other than a security interest, or the destruction or abandonment of an off-road vehicle, written notice shall be given to the Department of Motor Vehicles in such form as the department shall prescribe. Chapter 3. Operation 10020. No off-road vehicle may be operated in this state if it makes unusual or excessive noise or if it emits obnoxious exhaust furmes. No new off-road vehicle or snowmobile manufactured after ---------- may be sold in the state unless certified by the_ manufacturer to conform with the noise level limitations of this section. An off-road vehicle that produces a sound level of ---------decibels or more on the "A" scale at 50 feet shall be deemed to make an unusual or excessive noise. Sound pressure levels in decibels shall be measured on the "A" scale of a sound level meter having characteristics defined by American Standards Association Sl.4-1961 "General Purpose Sound Meter". Measurements of sound pressure level shall be made in accordance with applicable measurement practices outlined in the "Procedure for Sound Level Measurement of Snowmobiles" used by the International Snowmobile Industry Association, January, 1969, or such other source of standards for measu rement of sou nd level as the Department of Motor Vehicles may adopt. 10021. No off·road vehicle shall be operated at any time: (a) Without working headlights, taillights, brakes and proper mufflers and other silencing equipment meeting the requirements of Section 10020. (b) In a reckless or careless manner. (c) In a manner dangerous to person or property. (d) While the operator is under the influence of intoxicating drugs or beverages. (e) In any manner intended or to be reasonably expected to harass, drive or pursue any wildlife. (f) On any private property without permission of the owner of the land or his agent. (g) In a nursery or planting area, without permission of the owner or his agent. (h) During the hours from one-half hour after sunset to one-half hour before sunrise without displaying a lighted headlight, lighted taillight, and illuminated identification number. (i) Nothing in this section shall abrogate any existing rights of any private person arising out of or resulting from the use of an off-road vehicle by any other person. . 10022. No person shall litter or dispose of trash or garbage on public land or rights-of-way. 10023. Firearms or other instruments used to hunt shall not be carried on any off·road vehicle in other than an unloaded and enclosed condition. 10024. The provisions of the state Motor Vehicle Financial Ne-w-spaper (Please tum to pg. 6) LongBeacb,Cla. 90801 on8)427-Q1133