California Assembly Bill AB628 Amended / Bill

 BILL NUMBER: AB 628AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 25, 2011 INTRODUCED BY Assembly Member Conway FEBRUARY 16, 2011 An act to amend Sections 38026 and 38026.5 of, and to add and repeal Section 38026.1 of, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST F AB 628, as amended, Conway. Vehicles: off-highway vehicle recreation: County of Inyo. Existing law authorizes an off-highway motor vehicle that has been issued a plate or device to be operated or driven upon a highway under certain circumstances. Existing law authorizes various public entities, and the Director of Parks and Recreation, to designate a highway, or portion thereof, for the combined use of regular vehicular traffic and off-highway motor vehicles if certain requirements are met. Existing law prohibits a highway from being designated for this combined use for a distance of more than 3 miles. F This bill would, until January 1, 2017, authorize the County of Inyo to establish a pilot project that would exempt from this prohibition specified  combined use   combined-use  highways in the unincorporated area in the County of Inyo  so that the highways can be used  to link  together existing roads in the unincorporated portion of the county to  existing  off-highway motor vehicle  trails and trailheads on federal Bureau of Land Management or United States Forest Service lands  , and to link off-highway motor vehicle recreational-   use areas with necessary service and lodging facilities,  in order to provide a unified linkage of trail systems for off-highway motor vehicles, as prescribed. The bill would require the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, not later than January 1, 2016, to prepare and submit to the Legislature a report evaluating the effectiveness of the pilot project, and containing specified information. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: F SECTION 1. The Legislature finds and declares all of the following: (a) Inyo County is a rural county with a population of 17,945 residents. (b) Inyo County is comprised of 10,140 square miles. (c) Inyo County is the second largest county in the United States in area, yet only 2 percent of this land is inhabited. (d) Ninety-two percent of land in Inyo County is federally administered public lands. (e) Inyo County has outstanding natural diversity, including Mount Whitney in the eastern Sierra, which is the highest peak in the contiguous United States, as well as Death Valley, which is the lowest point in the United States and the largest national park in the contiguous United States. (f) With six million acres of public land, Inyo County offers numerous opportunities to explore and recreate. SEC. 2. It is the intent of the Legislature in enacting this act and designating combined-use highways on unincorporated county roads in the County of Inyo for more than three miles to link existing roads in the unincorporated portion of the county to existing trails and trailheads on federal Bureau of Land Management or United States Forest Service lands in order to provide a unified system of trails for off-highway motor vehicles. It is further the intent of the Legislature that no General Fund moneys be expended for the pilot project established by this act, and the project will be revenue neutral to the state. SEC. 3. Section 38026 of the Vehicle Code is amended to read: 38026. (a) In addition to Section 38025 and after complying with subdivision (c) of this section, if a local authority, an agency of the federal government, or the Director of Parks and Recreation finds that a highway, or a portion thereof, under the jurisdiction of the authority, agency, or the director, as the case may be, is located in a manner that provides a connecting link between off-highway motor vehicle trail segments, between an off-highway motor vehicle recreational use area and necessary service facilities, or between lodging facilities and an off-highway motor vehicle recreational facility and if it is found that the highway is designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of off-highway motor vehicles on that highway, the local authority, by resolution or ordinance, agency of the federal government, or the Director of Parks and Recreation, as the case may be, may designate that highway, or a portion thereof, for combined use and shall prescribe rules and regulations therefor. A highway, or portion thereof, shall not be so designated for a distance of more than three miles, except as provided in Section 38026.1. A freeway shall not be designated under this section. (b) The Off-Highway Motor Vehicle Recreation Commission may propose highway segments for consideration by local authorities, an agency of the federal government, or the Director of Parks and Recreation for combined use. (c) Prior to designating a highway or portion thereof on the motion of the local authority, an agency of the federal government, or the Director of Parks and Recreation, or as a recommendation of the Off-Highway Motor Vehicle Recreation Commission, a local authority, an agency of the federal government, or the Director of Parks and Recreation shall notify the Commissioner of the California Highway Patrol, and shall not designate any segment pursuant to subdivision (a) which, in the opinion of the commissioner, would create a potential traffic safety hazard. (d) (1) A designation of a highway, or a portion thereof, under subdivision (a) shall become effective upon the erection of appropriate signs of a type approved by the Department of Transportation on and along the highway, or portion thereof. (2) The cost of the signs shall be reimbursed from the Off-Highway Vehicle Trust Fund, when appropriated by the Legislature, or by expenditure of funds from a grant or cooperative agreement made pursuant to Section 5090.50 of the Public Resources Code. SEC. 4. Section 38026.1 is added to the Vehicle Code, to read: 38026.1. (a) The County of Inyo may establish a pilot project to designate  combined use   combined-use  highways on unincorporated county roads in the county for more than three miles  so that the combined-use highways can be used  to link  existing roads in the unincorporated portion of the county to existing trails and   existing off-highway motor vehicle trails and  trailheads on federal Bureau of Land Management or United States Forest Service lands  , and to link off-highway motor vehicle recreational-use areas with necessary service and lodging facilities,  in order to provide a unified system of trails for off-highway motor vehicles. (b) The pilot project shall do all of the following: (1) Prescribe a procedure for highway, road, or route selection and designation by a vote of a majority of the quorum of the Inyo County Board of Supervisors. (2) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, the following: (A) Devices to warn of dangerous conditions, obstacles, or hazards. (B) Designations of the right-of-way for regular vehicular traffic Fand off-highway motor vehicles. (C) A description of the nature and destination of the off-highway Fmotor vehicle trail. (D) Warning signs for pedestrians and motorists of the presence of Foff-highway motor vehicle traffic. (3) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers' licensing, helmet usage, and the requirements pursuant to Section 38026.5. (4) Prohibit off-highway motor vehicles and regular vehicular traffic from traveling faster than 35  mph   miles per hour  on highways designated under this section. (c) Not later than January 1, 2016, the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, shall prepare and submit to the Legislature a report evaluating the pilot project, and containing both of the following: (1) A description of the proposed trail segments to be allowed for combined use for over three miles, as approved or adopted by a majority vote of the  quorum   members  of the Inyo County Board of Supervisors. (2) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows and safety. (d) (1) A report submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. (2) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. SEC. 5. Section 38026.5 of the Vehicle Code is amended to read: 38026.5. (a) In accordance with subdivision (c) of Section 4000, a motor vehicle issued a plate or device pursuant to Section 38160 may be operated or driven on a local highway, or a portion  thereof,   of the local highway,  that is designated pursuant to Section 38026 or  Section  38026.1 if the operation is in conformance with the this code and the vehicle complies with off-highway vehicle equipment requirements specified in this division. (b) Notwithstanding subdivision (a), it is unlawful for a person using an off-highway vehicle on a combined-use highway to do any of the following: (1) Operate an off-highway motor vehicle on the highway during the Fhours of darkness. (2) Operate a vehicle on the highway that does not have an operational stoplight. (3) Operate a vehicle on the highway that does not have rubber tires. (4) Operate a vehicle without a valid driver's license of the appropriate class for the vehicle operation in possession. (5) Operate a vehicle on the highway without complying with Article 2 (commencing with Section 16020) of Chapter 1 of Division 7.