New laws regarding OHV use after SB 742

[Pantheus]

Since the passage of SB 742, and the implementation has begun,  some new laws are also emerging.  They apply largely to Green Sticker'ed vehicles,  but there are some aspects that apply to all vehicles being operated off highways, green sticker'ed or street licensed, as well.

Here is a summary:  http://ohv.parks.ca.gov/default.asp?page_id=1234

Here is a short version: http://ohv.parks.ca.gov/pages/1140/files/sb%20742%20highlights%2011-21-07.pdf

Here is the whole version:  http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0701-0750/sb_742_bill_20071012_chaptered.pdf

There are a couple aspects that stand out as potentially IMPORTANT:

Possession of Alcohol A new law makes it illegal to possess an open container of an alcoholic beverage while riding in or operating an off-highway vehicle. Vehicle Codes sections 23220, 23322, 23223, 23225, and 23226, have been amended to include public lands.

The intent of these laws is to make the possession of alcohol in a vehicle the same whether you are driving on a highway or off-road.

The new laws are designed to reduce alcohol-related accidents, but also allow vehicles such as 4-wheel drives and snowmobiles to transport such items in locked containers or even ice chests if they are secured in a manner that are not accessible to the occupants or the operator.

Responsible off-highway vehicle enthusiasts do not drink and drive.

There are changes regarding driving by minors, spark arresters, headlights, speed and other items that make reading better than not knowing the laws.

Ken

[08XLT]

Ken ,
Thanks for posting up the information this will be extremely useful in my circumstances. Keep up the great work !...... ........Frank

[Pantheus]

Since posting this, I have learned that Federal Lands have had a no possession policy for some time.  I couldn't discern exactly how long,  but multiple years.

What that policy said was that no open containers may be within the reach of any driver or passenger or seat.

Why the authors of SB742 added the language to the bill that has now been signed, but not totally implemented, is to make a level playing field across all public lands, USFS / BLM / State Parks / SVRA / and some even may think it could extend to private lands.

USFS has told me that if we are to pick up empty containers like we always do on every trip, they should not be placed into the vehicle,  but instead in a bag off the back of the rig, OUT OF REACH of all passengers and the driver.  I've also been told that LEO is smart enough to know if it is garbage or not,  but lets make sure and not test their abilities.  ;-)  Hang it out of reach!

Ken