Senate Transportation and Housing Committee Flat Out Lied About ATV Data in a recent bill proposed to enact restrictions on ATV users. You can read the entire bill below, but the jist is this:

1.Purpose . The U.S. Consumer Products Safety Commission (CPSC)
opines, "Too many ATV riders - young and old - are dying or
experiencing life altering injuries from incidents involving
ATVs." CPSC reports that in 2003, the latest year for which it
has data, 740 people died in ATV accidents, including an
estimated 250 children under age 16. In addition, annually
ATVs seriously injure more than 40,000 children under age 16,
and ATV-related injuries result in over 130,000 emergency room

The CPSC has detailed data all the way up to 2006 on ATV related deaths and injuries.

I think what they meant to say was that 2003 was the last year they had data that showed an over-all increase in injuries/deaths related to ATVs, (note I said an over-all increase, because if you take in to account the number of ATVs sold, the rate of injuries has been going down for a long time.)

Do these polititions really think we're that stupid that we won't notice this obvious bullshit they're trying to shove down our throat? Or do they just not care?

SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 1228
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Maldonado
VERSION: 2/14/08
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: March 25, 2008

SUBJECT:

All-terrain vehicles: operating restrictions

DESCRIPTION:

This bill requires that a person be at least 16 years old to
operate an all-terrain vehicle (ATV) on public lands without
being accompanied by an adult. This bill also limits the size of
ATV that children under age 16 may operate on public lands.

ANALYSIS:

ATVs are small, open motorized vehicles designed for off-road
use, typically with four wheels, that come in various sizes.
Existing law allows a person of any age to operate an ATV in
California. Existing law does, however, restrict children under
14 years of age from operating an ATV on public lands unless the
child is accompanied by and under the direct supervision of a
parent or guardian, or an adult authorized by the parent or
guardian, and meets one of the three following conditions:

The child has an ATV safety certificate issued by this
state or another state;

The child is taking a safety training course under the
direct supervision of a certified ATV safety instructor; or

The child is under the direct supervision of an adult who
has in his or her possession an appropriate safety
certificate issued by this state or another state.

It is a crime for a parent or guardian or another adult
authorized by the parent or guardian to grant permission or
knowingly allow a child under age 14 to operate an ATV unless
that child meets one of the above three conditions. A first
offense is punishable by a fine of $125.

SB 1228 (MALDONADO) Page 2

If a child was not properly supervised when he or she violated
existing law, then the court may also order the child to take an
ATV safety training course and then to provide the court with a
certificate to prove that the course was completed. The court
may order the child to take such a course only if the child's
parent, guardian, or the adult authorized by the parent or
guardian is convicted of allowing a child to operate an ATV
without a safety certificate. The adult shall accompany the
child to the court-ordered ATV safety training course.

This bill :

1.Prohibits a child under age 16, rather than 14, from operating
an ATV on public lands in California unless the child is
accompanied by and under the direct supervision of a parent,
guardian, or an adult authorized by the parent or guardian,
and requires that the child be in possession of an ATV safety
certificate issued by this or another state.

2.Prohibits a child under age 12 from operating an ATV that is
of a size that displaces more than 70 cubic centimeters.

3.Prohibits a child from age12 through 15 from operating an ATV
that is of a size that displaces more than 90 cubic
centimeters.

4.Makes it a crime punishable by a fine for a parent or guardian
or another adult authorized by the parent or guardian to grant
permission or knowingly allow a child under age 16 to operate
an ATV without being in possession of a safety certificate or
to operate an ATV of a size larger than allowed given the
child's age.

COMMENTS:

1.Purpose . The U.S. Consumer Products Safety Commission (CPSC)
opines, "Too many ATV riders - young and old - are dying or
experiencing life altering injuries from incidents involving
ATVs." CPSC reports that in 2003, the latest year for which it
has data, 740 people died in ATV accidents, including an
estimated 250 children under age 16. In addition, annually
ATVs seriously injure more than 40,000 children under age 16,
and ATV-related injuries result in over 130,000 emergency room

SB 1228 (MALDONADO) Page 3

visits each year.
CPSC recommends that children under age 16 should not ride
adult ATVs and that all ATV users take a hands-on safety
training course. This bill implements both of these
recommendations, but requires safety training only for
children 15 and younger.

The author introduced this bill at the request of the
California Chapter of the American College of Emergency
Physicians, and in particular, Dr. Larry Foreman. Dr. Foreman
is an emergency room physician at Arroyo Grande Community
Hospital in San Luis Obispo County. The hospital is near
Oceana Dunes State Vehicular Recreation Area, which is popular
with ATV riders. Because of the hundreds of children injured
in ATV accidents that were brought to Dr. Foreman's emergency
room for treatment, he began a personal crusade to toughen
state safety laws related to the operation of ATVs. This bill
is part of that crusade.

The author notes that while children 13 years of age or
younger can legally operate an ATV if a parent or guardian
supervises, young children generally do not possess the body
size, strength, motor skills, and coordination necessary for
the safe handling of an ATV. Most deaths and injuries to
children are the result of them riding adult-size ATVs. This
bill requires ATV riders to follow guidelines according to the
rider's age and size of engine. Failure to comply with the
age and size ATV riding requirements will be subject to a
fine.

In addition, while existing law does not mandate ATV safety
education, this bill requires a certificate of completion of a
safety course for those under age 16. This certificate would
have to be made available to law enforcement personnel on
demand. Failure to produce proof of a certificate may lead to
a court order for the child to attend and complete the
all-terrain vehicle safety training course accompanied by
their parent or guardian.

2.ATV safety certificates . Children who ride ATVs on public
lands in this state must either possess a safety certificate
or be supervised by an adult who has a safety certificate.

SB 1228 (MALDONADO) Page 4

The California Department of Parks and Recreation sponsors
training and certification free of charge to anyone under the
age of 18 through its Off-Highway Motor Vehicle Recreation
(OHV) Division. The ATV Safety Institute, a nonprofit ATV
safety training organization, provides the training under
contract with the OHV Division of State Parks. Adults can
receive the same training for a fee, although most
manufacturers include the training with the purchase of a new
vehicle. This bill would require that those under age 16 who
are operating ATVs must be in possession of a safety
certificate.

POSITIONS: (Communicated to the Committee before noon on
Wednesday, March 19,
2008)

SUPPORT: American College of Emergency Physicians,
California Chapter (sponsor)
California Medical Association
Emergency Nurses Association, California State
Council

OPPOSED: None received.