New off-roading law requires seatbelts, helmets - Hi-Desert Star: News

New off-roading law requires seatbelts, helmets

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Posted: Tuesday, August 28, 2012 11:31 pm | Updated: 11:25 pm, Tue Sep 4, 2012.

MORONGO BASIN — Riders of Rhinos and similar recreational vehicles will have to wear helmets and seatbelts next year under a new state law that has the off-roading community buzzing.

The law defines and sets safety rules for a new class of vehicles: recreational off-highway vehicles. The Polaris RZR, Kawasaki Teryx and Yamaha Rhino are among the models affected by the new law. The vehicles are also called utility terrain vehicles, or UTVs, and side-by-sides.

The law requires riders to wear seatbelts and helmets — provisions that anger some in the off-road community.

“Sometimes I wear a helmet but sometimes I don’t. That should be my choice, not big brother,” one user on an online message board, UTV Underground, wrote. The sentiment was echoed throughout online forums for off-roaders.

Owners won’t be allowed to modify their two-seat vehicles into four-seaters.

The law also prevents children and smaller adults from riding in recreational OHVs, because passengers must have both feet flat on the floorboard.

“Essentially that wipes out children and small adults,” Jeff Knoll, the public relations director for the Off-Road Business Association, said via telephone Tuesday, Aug. 28. “My wife is 5 foot 3 and she doesn’t meet the safety criteria to ride under AB 1595.”

Assembly Bill 1595 was written by Paul Cook, Yucca Valley’s Republican assemblyman, and passed both houses of the state legislature unanimously, without any opposing testimony, Knoll said. Signed by the governor July 24, it goes into effect Jan. 1, 2013.

However, after off-roading forums urged members to call and write Cook’s office, he wrote a “fix” that delays implementation to July 2013 and removes the requirement that a passenger’s feet be on the floorboard.

The fix, Assembly Bill 1266, is in the Rules Committee right now, according to Cook’s office.

Knoll praised the assemblyman for being receptive to the complaints of off-roaders. “Cook’s office was really just an easy target. If you want to point fingers at someone, the culprit is really the CPSC,” he said.

The Consumer Product Safety Commission is a federal agency “charged with protecting the public from unreasonable risks of injury or death,” according to its online overview.

In the 1980s, the commission shut down sales of three-wheelers called ATCs after injuries and deaths were reported, Knoll said.

In 2009, the commission required Yamaha to suspend sales of some Rhinos until the company improved their safety features. The panel found design flaws may have contributed to 49 accidental deaths in Rhinos.

Learning from the demise of the ATC, manufacturers decided to address safety concerns and try to avoid a federal shutdown of all recreational OHV sales, Knoll said.

A trade group, the Recreational Off-Highway Vehicle Association, took the lead in working with the federal government to come up with design guidelines and safety warnings.

“I think what the manufacturers were doing was trying to starve off some of the same problems they had with the ATC,” Knoll said.

Cook’s bill was based on model legislation from the trade group, and was supported by its members: Arctic Cat, BRP, John Deere, Kawasaki, Polaris and Yamaha.

In its statement of support, the group hints at the federal hammer lurking behind the new legislation: “In order to ensure that ROVs continue to be available, and safely used, it is critical that industry and enthusiasts support legislation to ensure the vehicles are used as designed and recommended by the manufacturers.”

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33 comments:

  • District37Racer posted at 2:34 pm on Fri, Sep 14, 2012.

    District37Racer Posts: 291

    What Mike said.

    You can find morons in all forms of recreation and in all walks of life.

    Look up domestic terrorism, youll find more acts of terrorism in this country commited by enviormentalists then any other group. You ever hear the CBD or Sierra or any of the local or not so local commentors here denounce or decry these people? Nope! to busy crying a river about someone kicking up dust in the desert .

     
  • Mike posted at 12:16 pm on Fri, Sep 14, 2012.

    Mike Posts: 399

    …employees, employers, entrepreneurs, pig farmers, dreamers, believers, fishermen, outspoken blogers, loggers, lovers, atheists, ecologists, egotists and all the rest …

    So just who might this, so-called “off-road community” be? …Well… it might be any of us, that’s who!

    A complete cross sectional representation of humanity enjoys off-roading, it’s HUGLY popular! So yea, you can undoubtedly find some jerks riding but that’s no reason to be a party pooper. Some jerks are teaching school too, do we condemn education? Do we give up on law and order when a policeman is abusive? Plenty of thoughtlessness here in the electronic media, should we fix that at the expense of the very benefit the internet provides? Because some fools are helping the rich get richer down at Santa Anita, should we outlaw horse racing? How about we just eliminate lines because some cheater cut in?

    You could find someone behaving badly in any given situation and when you do, you can bet that individual is behaving badly elsewhere too. So doesn’t it make more sense to stop the offender rather than penalizing everyone everywhere that the offender is doing his dastardly deeds?

    But just because a few morons ride, is no reason to demonize all the rest!

    …beautician’s clients, pinochle players, graduates, gadabouts, sports heroes, nerds, country singers, joke tellers, retired linemen, Indians, democrats, model railroad buffs, Coca-Cola connoisseurs, tinkers, thinkers and relatives…

    Yes indeed, you meet the nicest people out there…

     
  • Mike posted at 8:10 am on Thu, Sep 13, 2012.

    Mike Posts: 399

    ...and bee keepers and...

     
  • Mike posted at 2:06 pm on Mon, Sep 10, 2012.

    Mike Posts: 399

    Oh yeah! Believe it or not, there’s even a handful of anthropologists that ride. Or so I’m told.

     
  • Mike posted at 5:20 pm on Fri, Sep 7, 2012.

    Mike Posts: 399

    You meet the nicest people in a side-x-side.

     
  • Mike posted at 5:15 pm on Fri, Sep 7, 2012.

    Mike Posts: 399

    Check it out…

    Senior Citizen Fall Color ORV Ride
    Written by Janet Rohde

    ONTONAGON—As the color season begins in Michigan’s Western Upper Peninsula, senior citizens from all over are making their reservations for the fifth annual Mi-TRALE Senior Citizen Fall Color ORV Ride.

    This year’s ride will take place on Thursday, Sept. 27. The ride will take place on the popular and very scenic Bill Nichols Multi-Use Trail.

    Mi-TRALE, which stands for Michigan Trails and Recreation Alliance of Land and the Environment, is once again hosting the ride.
    Senior citizens will ride in what the off road vehicle (ORV) industry calls “side by sides.” Polaris Industries from Roseau, Minn., has provided two Ranger “crew cabs” the past four years.

    “The side by sides provide easy in and easy out for the senior citizens. They are comfortable for the seniors to ride in, and yet provide the ORV experience that so many have enjoyed,” said Mi-TRALE President Skip Schulz.

    The ride includes a stop for picture-taking on the Firesteel and Flintsteel trestles. The trestles, built in the early 1900s, provide a great view of the fall colors.

    The ride also goes by historic copper mines. It is Twin Lakes State Park that is one of the few state parks in Michigan that is open to ORVs for camping and is located right on the Bill Nichols Multi-Use Trail.

    Mi-TRALE provides a morning ride and an afternoon ride. The morning ride goes from Adventure Mountain in Greenland and ends at the Twin Lakes State Park.

    It is at Twin Lakes State Park that the morning riders will have lunch with those that have signed up for the afternoon ride. Lunch is provided by Krupp’s Mini Mart of Twin Lakes.

    The senior citizens will be picked up at Cane Court in Ontonagon. Motor Coach Bus Transportation to and from the ride is provided by Mi-TRALE.

    The bus transportation, the ORV Fall Color Ride and lunch are all free to the senior citizens. It is the Michigan DNR, along with the Polaris Ranger Club, that assists Mi-TRALE volunteers on the ride.

    “This is just one of the many ways that Mi-TRALE members show our support of our communities and counties. Mi-TRALE has developed and maintains an extensive ORV trail system in Houghton, Baraga, Iron, Gogebic and Ontonagon counties. In addition to the senior citizen ride, Mi-TRALE also provides ORV youth safety training and is involved in search and rescue efforts.”

    Senior citizens are asked to call Schulz for more information and to register for the Fall Color ORV Ride. He can be reached at (906) 884-9101 or via e-mail at sschulz@jamadots.com

    Now picture all these sight seeing seniors having to deal with helmets in a vehicle that allready has role-cage. Absolutely ridiculous!


     
  • District37Racer posted at 2:01 pm on Fri, Sep 7, 2012.

    District37Racer Posts: 291

    Or prove anything to law enforcement either it seems. Call enough about nothing and Id start ignoring you to.

     
  • Jc posted at 12:12 pm on Fri, Sep 7, 2012.

    Jc Posts: 5

    A hundred photographs and Videos of ORV people, license plates, destroyed property , and wow , no place to put them.


    Amazingly enough I feel no responsibility to prove anything to you!

    Assume all you wish, you know what that word means.
    I'll stick with Road ( off road?)spikes.

     
  • Mike posted at 10:14 am on Fri, Sep 7, 2012.

    Mike Posts: 399

    SUBSTANTIATE…
    1. to establish by proof or competent evidence
    2. to give substantial existence to
    3. to affirm as having substance

    Again no substantiation Jc? In that case, I cannot, will not, and do not believe you!
    I do not know you and I do not trust you. Anyone can go on the web and make all sorts of erroneous charges. It is a daily ritual for some.

    I have surmised from your few posts here that you would not pass up an opportunity to demonize off-roading so what I do believe is that if you could show us any incriminating evidence, you would have… and you would have likely smoked your keyboard doing it.

     
  • District37Racer posted at 9:26 am on Fri, Sep 7, 2012.

    District37Racer Posts: 291

    Jc , if what you say is true then sounds like your problem lies with the CHP or local LEOs . You claim lack of funds for enforcement, so Im sure you have also contacted your representitives in Sacramento to demand returning the OHV fund to its pre-"borrowing" levels . That extra 160+ million would go along way towards funding enforcement, repair and restoring of property and maintaining the existing OHV areas . You know the stuff the fund was set up to do. [wink]

    On the other hand if your just one of the types who feels the need to tie up law enforcement time because you are simply annoyed with OHVs and have nothing better or more productive to do (or will do) with your time then no amount of reasoning will satisfy you anyways.

    Oh and what does a Toyota(street licensed as you reported) your friend and a hit and run have to do with OHV use or even the OP for that matter?

     
  • Jc posted at 8:00 am on Fri, Sep 7, 2012.

    Jc Posts: 5

    i called the Sheriff and the ORV enforcement last year no less that 12 times.
    One report was for a hit and run ON my property . The CHP dealt with that. I gave them the license plate of the Toyota pickup that tossed my friend 10 feet across the property. over an hour later the CHP called to ask which direction they went. AS if the CHP is going to drive across the desert in pursuit. Nothing was done.

    Calls are ignored and Not returned or in the past returned 2-3 days later.
    I understand the staffing and funding issues of ORV law enforcement.
    They know there is a problem. It exists everywhere. Patronizing little challenges from your ability to read a sheriffs report don't help your cause.


     
  • Mike posted at 8:16 pm on Thu, Sep 6, 2012.

    Mike Posts: 399

    I say that these anti-ohv zealots, Jc, desert lily and a hand full of other local hate mongers (including the communist from Frisco) who routinely write mean spirited off-road bashing stuff in the Hi-Desert Star are full of bologna and I substantiate that claim by bringing your attention to the “Sheriff’s Calls” section of this very newspaper.

    The following is an accounting of all (yes ALL) of the sheriff’s calls reported by the Hi-Desert Star last year. Of these 3754 calls, I saw only two (2) that reported a problem with off-roaders. I challenge Jc, desert lily and idavidfick to find three!
    Sheriff’sCalls Dec. 15, 2010 – Dec. 14, 2011

    Information Calls 10
    Public Service 2
    Follow Up 1
    Call Description Redacted 2
    Medical Aid 1
    Misuse Of 911 Emergency Line 1
    False Report of A Crime 1
    Unknown Problem 2
    Suspicious Circumstances 1
    Prowling 1
    Illegal Dump 6
    Illegally Causing A Fire 1
    Fireworks 1
    Panhandling 2
    Curfew 16
    False ID To Deputy 2
    Resisting Officer Report 17
    Non-Licensed Hypodermic Needles 4
    Animal Problem 1
    Dog Bite 2
    Vicious Animal 1
    Cruelty To Animals 5
    Prisoner Transport 1
    Disorderly Conduct 7
    Throwing Objects on Highways Or Adjoining Areas 1
    Disturbance 14
    Disturbance Noise 3
    Disturbance Verbal 2
    Disturbing The Peace 1
    Disturbance Motorcycle 1
    Disturbance Music 1
    Fight 3
    Search And Rescue 1
    Man Down 1
    Plane Down 2
    Death Investigation 63
    Keeping Of Property 11
    Lost Property 36
    Lost/Stolen Plate 20
    Improper Plate 2
    Found Property 18
    Possession Of Stolen Property 12
    Audible Alarm 1
    Defrauding Innkeepers 4
    Possession Of Burglary Tools 2
    Attempted Burglary 17
    Burglary 166
    Burglary Report 10
    Residential Burglary 1
    Residential Robbery 8
    Commercial Burglary 61
    Vehicle Burglary 29
    Vehicle Tampering 10
    False Vehicle Registration 1
    Vandalism 238
    Land Trespass 14
    Illegal Entry 4
    Illegal Entry Dwelling 35
    Illegal Entry and Vandalism 9
    Federal Offence 1
    Attempted Arson 1
    Arson 5
    Unlawful Setting Of A Fire 1
    Theft Miscellaneous 2
    Theft Of A Dog 2
    Theft Of Water 2
    Theft Of Utilities 1
    Theft Less Than $50 1
    Theft Under $500 1
    Attempted Petty Theft 3
    Petty Theft 355
    Petty Theft Retail 16
    Petty Theft Less Than Fifty Dollars 3
    Petty Theft Prior Conviction 1
    Attempted Grand Theft 3
    Grand Theft 88
    Carjacking 3
    False Vehicle Registration 3
    Attempted Grand Theft Auto 11
    Grand Theft Auto 98
    Grand Theft Auto Recovery 2
    Abandoned Vehicle 2
    Theft Of Gun Report 4
    Theft Fraud Report 8
    Theft By Fraud 9
    Attempted Robbery 1
    Robbery 5
    Strong-arm Robbery 9
    Armed Robbery 4
    Forgery 14
    Embezzlement Report 14
    Counterfeit Bill 1
    Forged Check 4
    Fraud Forged Check 3
    Fraudulent Check 4
    Bad check 6
    Insufficient Funds Over $200 2
    Identity Theft 42
    False ID To Deputy 6
    False Personation 4
    Fraudulent Use Of Credit Card 74
    County Code 1
    Drunk In Public 101
    Fire Requests Sheriff Officer 2
    Assist Fire 1
    Under Influence Of Drugs 53
    DUI 60
    Driving While Intoxicated 1
    DUI Bicycle 1
    Driving With Suspended Or Revoked License 2
    Driving Without A License 1
    School Crime 1
    Contributing To The Delinquency Of A Minor 3
    Juvenile with Tobacco 3
    Minor In Possession OF Alcohol 6
    Sale Of Alcohol To A Minor 1
    Paraphernalia 11
    Cultivation Of Marijuana 1
    Possession Of Marijuana Less Than One Ounce 16
    Possession Of Marijuana 4
    Possession Of Marijuana more than an ounce 1
    Sales Of Marijuana 6
    Marijuana For Sales 3
    Possession Of Marijuana At School 4
    Sale Of Speed 8
    Unlawful Sale Of Speed 6
    PCP/Meth Lab 1
    Possession Of Dangerous Drugs 32
    Possession Of Narcotics 8
    Disturbance Possession Of Dangerous Drugs 1
    Weapons, Drug Possession 1
    Transportation Of Heroin 6
    Possession Of Narcotics 6
    Possession For Sales 5
    Possession Of A Controlled Substance 18
    Possession Of A Controlled Substance For Sale
    Drug Activity 1
    Drugs 1
    Narcotic Activity 1
    Found Narcotics 2
    Drug Overdose 1
    Area Check 8
    Vehicle Check 1
    Welfare Check 6
    Subject Check 5
    Security Check 2
    Crisis Intervention 4
    Psychiatric Evaluation 69
    Psychiatric Investigation 68
    Psychiatric Investigation/Evaluation 12
    Psychiatric Intervention 119
    Attempted Suicide 7
    Suicide 4
    Elderly Abuse 13
    Adult Protective Services Follow Up 40
    Runaway Juvenile 64
    Missing Juvenile 1
    Missing Person 27
    Returned missing person 3
    Child Protective Services Follow-Up 58
    Children and Family Services Follow-up 8
    Child Abandonment 1
    Cruelty To A Child 26
    Felony Child Abuse 5
    M olesting A Minor 1
    Annoying/M olesting A Minor 1
    Annoying/M olesting A child 6
    S ex Crimes Against A Child 12
    Investigation 1
    Unlawful S ex With A Minor 6
    S ex Offender Registration 4
    S ex Registrant 6
    In decent Exposure 5
    Spouse Abuse 4
    Felony Spouse Abuse 57
    Domestic Battery 52
    Domestic Disturbance 7
    Violation Domestic Violence Restraining Order 3
    Disturbance Boyfriend 1
    Disturbance Boyfriend/Girlfriend 2
    Disturbance Juvenile 1
    Violation Of Court Order 29
    Restraining Order Violation 3
    Parole Violation 8
    Probation Violation 1
    Probation Registration 1
    Obscene Phone Call 20
    Stalking 1
    False Imprisonment 4
    Kidnapping 2
    R ape 8
    R ape Of Spouse 1
    Oral C opulation 1
    So domy 2
    Penetration With Foreign object 1
    S exual Battery 9
    Assault 94
    Assault With Injuries 5
    Assault With Serious Injuries 2
    Assault With A Weapon 34
    Assault With Chemicals 1
    Attempted Murder 2
    Bomb Threat 1
    Discharge Of A Firearm 4
    Shooting At A Dwelling 3
    Shots Heard 1
    Man With A Gun 1
    Loaded Firearm 1
    Felon In Possession Of Firearm 6
    Unlawful Possession Of A Firearm 5
    Dangerous Weapon 5
    Possession Of A Switchblade 1
    Possession Dangerous Weapon 6
    Possession, Maintenance, Sale Of Dangerous Weapon 1
    Possession, Manufacture, Sale Of Dangerous Weapon 1
    Possession Of A Weapon At School 6
    Possession Of A Weapon And Ammunition 1
    Concealed Weapon 3
    Terrorist Threat 28
    Dissuading Witness 2
    Brandishing Weapon 7
    Attempted Warrant Service 1
    Warrant Arrest 28
    Non-Injury Hit-And-Run 31
    Non-Injury Traffic Collision 57
    Non-Injury Traffic Collision DUI 1
    Unknown-Injury Traffic Collision 5
    Minor Injury Traffic Collision 34
    Major Injury Traffic Collisions 8
    Fatal Traffic Collision 4
    Reckless Driving 1
    Vehicle Versus Building 1
    Failure To Yield 1
    Misdemeanor Failure To Yield 1
    Failure To Yield Felony 3+8
    Tow Request 22
    Tow Authority 16
    Abandoned Vehicle Tow Authority 6
    Tow report 4
    Impound 1
    Graffiti Report 23
    Graffiti Over $5,000 1
    Miscellaneous Incident 306


     
  • Mike posted at 3:48 pm on Thu, Sep 6, 2012.

    Mike Posts: 399

    Per Jc…

    They destroy private property.
    They drive over “NO ORV” signs.
    They drive over “PRIVATE PROPERTY” signs.
    They tear down fences.
    They destroy property.
    They kill the landscape.
    They kill the wildlife.
    They can't read.
    They have no respect for others.
    They have no respect for that which doesn't belong to them.
    They are a threat.

    Hey Jc, you forgot…

    Rape, plunder and pillage.
    Murder and mayhem.
    Lions, tigers and bears… oh my!

    You also forgot to substantiate any of those claims.

    Seriously Jc, you couldn’t’ possibly be talking about all those Mechanics, Mailmen, Engineers, Editors, Sales Clerks, Scientists, Waitresses, Airline Pilots, Movie Stars, Ministers, Beauticians, Politicians, Lawyers, Judges, Policemen, Firemen and Soldiers who enjoy off-roading so you must be referring to those dirty low down Gynecologists, am I right?

     
  • Jc posted at 5:09 pm on Wed, Sep 5, 2012.

    Jc Posts: 5

    How is this going to stop the destruction of private property? It's not. The driving over No ORV signs , the private Property signs, tearing down fences, destroying the property, killing the landscape, killing the wildlife.. With no funds the Laws aren't enforced. It Is a daily threat here.
    Seriously the orv people need the laws for helmets and seatbelts. Someone needs to protect those who obviously can't read, have no respect for others or that which doesn't belong to them.

     
  • feederman posted at 9:26 am on Wed, Sep 5, 2012.

    feederman Posts: 37

    .....................Aren't you glad you voted for this yo yo.........>>Assembly Bill 1595 was written by Paul Cook, Yucca Valley’s Republican assemblyman, and passed both houses of the state legislature unanimously, without any opposing testimony, Knoll said. Signed by the governor July 24, it goes into effect Jan. 1, 2013.

     
  • District37Racer posted at 10:53 am on Tue, Sep 4, 2012.

    District37Racer Posts: 291

    Mr Fick, Baja racers wear helmets because of the high speeds their vehicles reach, they also have a lot more head room, and are following a pre marked course, none of these things apply to the everyday rhino user. The law last I read only applies to vehciles under 1000cc . A typical baja vehicle starts at 1600cc and roughly 100 hp up to 800+ hp with top speeds in excess of 120mph. The vehicles this law targets come no where near those numbers. If you have ever been harnessed into a rhino with a helmet you would know that it would seriously impact the drivers ability to scan for dangers and obscure vision. Seatbelts are of course a good idea , should be required for children as should helmets for children that are passangers but let adults make their own decision ,

     
  • desert lily posted at 5:07 am on Sun, Sep 2, 2012.

    desert lily Posts: 233

    I've seen you, Mike. You are the big hulking bully, right? Sounds disgusting....I make it a point to avoid people who act like you do...

     
  • Mike posted at 5:35 pm on Sat, Sep 1, 2012.

    Mike Posts: 399

    Mechanics, Mailmen, Engineers, Editors, Sales Clerks, Scientists, Waitresses, Airline Pilots, Movie Stars, Ministers, Beauticians, Politicians, Lawyers, Judges, Policemen, Firemen, Soldiers, Gynecologists… you meet the nicest people on a Honda…

    How about a midnight run out to Galloway desert lily, sound like fun?

     
  • Mike posted at 4:42 pm on Sat, Sep 1, 2012.

    Mike Posts: 399

    Do you ever travel the roads we’re talking about, desert lily? Who do you think maintains them for you?

    By the way, the Kilmer baby drowned in a Suzuki Samurai. That is primarily an on the road vehicle so Cook’s bill would not have applied.

     
  • idavidgraficks posted at 6:19 pm on Fri, Aug 31, 2012.

    idavidgraficks Posts: 871

    Desert Lily, I think Mike's right about that Deep Creek drowning of a 16 month old child by his father. There's no fixing stupid. Speaking of stupid, Tominater's " a helmet will simply obscure vision creating a MORE DANGEROUS state of driving." is a brilliant example. As long as there's no sun, wind, rain, insects and/or sand in the desert and people don't look forward, he might have something there (HE DOESN"T). Look at those Baja racers in those four wheelers, their wearing helmets and seatbelts. A seat belt is needed greater than a helmet in a four wheel OHV, so as to maintain control in rough terrain and passenger safety when control is lost. I've been desert road and trail motorcycling since 1968 and have conversed with Professor Hurt (of USC) several times about helmets way back then.

     
  • Mike posted at 5:15 pm on Fri, Aug 31, 2012.

    Mike Posts: 399

    Desert lily commented – “If this law had been enacted two years ago, at least one child would have retained the' right to life' that his orv-loving and drunked-up daddy stripped from him by strapping him in his little car seat then driving the orv into the Mojave River. While drunken daddy and his friend swam away to safety, poor little Ford Hunter drown in his car seat.
    Family fun, orv style...”


    I wish desert lily would explain just how she thinks this law (AB 1595) could have saved 16 mo. old Ford KILMER…

    Victorville Daily Press September 09, 2010

    VICTORVILLE • An Apple Valley man who is charged with felonies related to the drowning of his 16-month-old son after he drove into Deep Creek pleaded not guilty.

    San Bernardino County District Attorney’s Office charged Hunter Kennan Kilmer, 23, Thursday morning with one felony count of gross vehicular manslaughter while intoxicated and one felony count of child endangerment causing death. He was arraigned in the afternoon at Victorville Superior Court through video conferencing from West Valley Detention Center.
    If convicted on all counts, Kilmer could face up to about 10 years in state prison, Deputy District Attorney Carrie Halgrimson said.

    Kilmer’s 16-month-old son, Ford Lewis Kilmer, drowned Monday night after the man attempted to cut through the water near the Saddle Dike Embankment in Deep Creek, apparently unaware of how deep the water was, California Highway Patrol officials said.

    His Suzuki Samurai dropped off an embankment and submerged, rolling through the water before coming to rest on its roof 9 feet below the surface, according to officials.

    Kilmer and his passenger, Justin Rivera, escaped but they could not save Kilmer’s child, who was strapped into his car seat in the sport utility vehicle and drowned.

    The father showed “signs of intoxication” at the scene, according to CHP spokesman Joaquin Zubieta, and was booked at Victor Valley Jail for felony driving under the influence and manslaughter.

    Police have stopped Kilmer four times for motor vehicle violations since 2008 (one charge was later dismissed). In May of this year, he was arrested for being drunk and disorderly and resisting a police officer.

    Victorville Superior Court Commissioner Patrick Singer increased Kilmer’s bail to $350,000 from $250,000 during Thursday’s arraignment after Halgrimson pointed out Kilmer’s prior traffic violations and failure to appear in court.

    Kilmer has hired a private attorney, Manuel Huerta to represent him. He is scheduled to appear in court Sept. 16 for a pre-preliminary hearing, with his preliminary hearing scheduled for Sept. 21.

    Tomoya Shimura may be reached at tshimura@VVDailyPress.com or (760) 955-5368.

     
  • Mike posted at 4:19 pm on Fri, Aug 31, 2012.

    Mike Posts: 399

    Desert lily - "Put it this way Mike, I am waiting for you to show me the part of the CA vehicle code that says that riding on a public thoroughfare, which our roads are, is legal without insurance and registration. Show me."

    Why in the world would the vehicle code say that, desert lily?

     
  • aphantomduck posted at 8:07 pm on Thu, Aug 30, 2012.

    aphantomduck Posts: 4

    Stacy Moore... I'm hoping to fill you and the readers of this in to provide an account that is not presented here. ORBA's (and other OHV groups lobbyist) was HAND DELIVERED a copy of AB 1595 by the industry the day before the bill hit the "desk" in late March of this year. It has been confirmed that ORBA's executive director was informed by the lobbyist, but at least one of the lobbyist clients (American Sand Association) had no idea this bill existed until it was posted on an internet site.

    I am also aware that California OHV Division staff also spoke with the executive director of ORBA and others that told them that this could be a big deal.

    ORBA has a duty to its membership to keep them informed about legislative activities that could impact their business. The members pay dearly for this infomation. Nonetheless, ORBA did not contact their members nor the OHV user groups about AB 1595.

    While reading the article here, I was astonished that "Jeff Knoll, the public relations director for the Off-Road Business Association", had either no input or perhaps no idea of the legislative proposal within the very group that he works as a contractor for.

    Both the lobbyist mentioned above and the leadership of ORBA are not passing the sniff test on this issue.

    Mike's comment about ORBA posted here on the 29th is just another example of ORBA's way of doing business.

    If I were an ORBA member, I'd be asking a lot of questions of its Board of Directors.

     
  • Tominater posted at 7:11 pm on Thu, Aug 30, 2012.

    Tominater Posts: 5

    a helmet will simply obscure vision creating a MORE DANGEROUS state of driving.

     
  • Tominater posted at 7:09 pm on Thu, Aug 30, 2012.

    Tominater Posts: 5

    for what?... more money from tickets handed out, gonna put more cops out on the back roads for the sake of lining pockets with more golden fleece? people need to let things go, if someone wants to go out and jump his/her rhino and roll it, let them, its on BLM land therefore public lands, therefore only themselves to blame for rolling it.
    stupid law imho. manufacturers make these machines so that they break rather than the driver/passengers break

     
  • desert lily posted at 6:23 pm on Thu, Aug 30, 2012.

    desert lily Posts: 233

    Put it this way Mike, I am waiting for you to show me the part of the CA vehicle code that says that riding on a public thoroughfare, which our roads are, is legal without insurance and registration. Show me.

    It is irresponsible to drive without insurance and your vibrational wet dreams about riding are no excuse for you to spread your ignorance around like jelly.

     
  • desert lily posted at 6:15 pm on Thu, Aug 30, 2012.

    desert lily Posts: 233

    If this law had been enacted two years ago, at least one child would have retained the' right to life' that his orv-loving and drunked-up daddy stripped from him by strapping him in his little car seat then driving the orv into the Mojave River. While drunken daddy and his friend swam away to safety, poor little Ford Hunter drown in his car seat.

    Family fun, orv style...

     
  • Mike posted at 1:20 pm on Wed, Aug 29, 2012.

    Mike Posts: 399

    ...and yes, that was a challenge Paul!

     
  • Mike posted at 1:18 pm on Wed, Aug 29, 2012.

    Mike Posts: 399

    Beware of the Influence Peddler, the truth is not in him! This law was written – at the request – on the advice – and for the benefit – of a consortium of off-road related businesses, not the general off-roading public. ROHVA is not above “crying wolf” to promote their interests.

    ORBA (the Off Road Business Association) pulled a similar scam in San Bernardino County which resulted in the creation of an incredibly stupid off-road ordinance that took a tremendous unified effort and years of persistence to correct.

    If Mr. Cook really wanted to, he could better serve Off-Roaders by simply listening to them. There are hundreds of websites where Off-road enthusiasts are telling it like it is, every day. Getting a clue is so easy, even he could do it.

     
  • Mike posted at 1:16 pm on Wed, Aug 29, 2012.

    Mike Posts: 399

    Does Cook even realize his law requires helmets to be worn in vehicles that already have industry approved role over protection?

     
  • Mike posted at 1:14 pm on Wed, Aug 29, 2012.

    Mike Posts: 399

    Definition: “Recreational Off-highway Vehicle” (per AB 1595)

    (a) Designed by the manufacturer for operation primarily off of
    the highway.

    (b) Has a steering wheel for steering control.

    (c) Has nonstraddle seating provided by the manufacturer for the
    operator and all passengers.

    (d) Has a maximum speed capability of greater than 30 miles
    per hour.

    (e) Has an engine displacement equal to or less than 1,000cc.

    Note 1:
    Definition (a) is meaningless. How is primary usage decided and by whom? And who or what is a “manufacturer?

    Thousands of folks purchase side by sides and upgrade them with far better and safer equipment than the original. Seats, seatbelts, role-cages, mirrors, tires and wheels are a few that come to mind. And like mine, thousands of machines are home built to be off-road capable and equipped to be legally street-able as well. Individuals and Small shops build thousands of beautiful custom jobs too, so the term “manufacturer” is somewhat obscure.

    Likewise the term “off of the highway”, does it include private land? How about my own land?

    Note 2:
    Definition (e) is too easily circumvented. A simple re-boar or an engine swap to 1,000 + 1 cc and according to the requirement you no longer need helmets.

    So what happens then? Does the state up the ante – 2,000 cc… then the law will include dune buggies, small pickup trucks and Mom’s old Pinto.

    Q: Other than definitions (a) and (e), how does this so called “Recreational Off-highway Vehicle” differ from your family sedan?

    A: It doesn’t! So what size helmet will Mother-in-law need when you take her to church?

     
  • District37Racer posted at 10:44 am on Wed, Aug 29, 2012.

    District37Racer Posts: 291

    The wonderfull CPSC, always there to protect us from ourselves.

    The real motivation from the mfgs. is sales and protecting their own arses from frivilous lawsuits resulting from the idiots out there.

    Helmets on children are just common sense and a good thing , the rest of the law is nothing more then overreaching into personal freedoms. Having to wear a helmet while strapped in to a five point harness only creates more danger then just being in a harness.

    When will jaw wiring become a law to protect those amoung us with a habit for unhealthy food.? What about full body roll cages for the morons who cross the highway every which way playing frogger in traffic , or required personal helicopters and pilots for all the hikers who cant seem to navigate a trail system properly?

     
  • feederman posted at 5:02 am on Wed, Aug 29, 2012.

    feederman Posts: 37

    ...............Before long , you will have to wear a helmet driving a car or a truck also.........The cops are getting too damm much power.

     

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