Sen. Andrew Rice (D) has introduced SB 1039. In summary, SB 1039 states children 11 and under can only operate a 70cc or less, children 12-15 years old can only operate a 90cc or less. Requires kids under 18 to obtain a safety certificate indicating successful completion of an all-terrain vehicle safety course sponsored or approved by the State Board of Health. The Board of Health shall promulgate rules regarding the standards of safety to be demonstrated by all-terrain vehicle operators before they may be awarded certification. Requires helmets for persons under 18. Prohibits passengers unless the ATV is designed to carry passengers. Sets fines. It exempts hunting and farming.

Although I support helmet use for kids, I do not support this bill.

Please write, email, and phone your local Senator and Sen. Rice in objection to SB 1039.
Also contact friends, family, associates, and anyone that may be affected by this bill.

Link to Senate Bill 1039

http://webserver1.lsb.state.ok.us/20...SB1039_int.rtf

Sen. Andrew Rice
rice@oksenate.gov 405-521-610 (Sen. Andrew Rice introduced this bill)

Senator Owen Laughlin
laughlin@oksenate.gov 405 521-5626 (Little Sahara is in his district)

Link to state senators email and phone numbers.

http://www.oksenate.gov/Senators/directoryalpha.htm



Two other bills of interest (ATV and Motorcycles)

HB 1686 introduced by Nations which requires any person under 18 to wear a helmet on an ATV.

HB 1539 introduced by McNiel which relates to required equipment for motorcycles; deleting age lmitation for helmet requirement.



SENATE BILL 1039------------------------------------------------------------------------

STATE OF OKLAHOMA

1st Session of the 51st Legislature (2007)

SENATE BILL 1039 By: Rice

AS INTRODUCED

An Act relating to public health and safety; prohibiting operation of all-terrain vehicles by certain persons without specific helmet; prohibiting passengers on certain all-terrain vehicles; requiring certain certification; directing Board of Health to promulgate certain rules; directing Commissioner of Health to appoint certain committee; prohibiting operation of certain all-terrain vehicles by certain persons; providing penalty; providing exceptions; providing definition; providing for codification; and providing an effective date.




BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 4240 of Title 47, unless there is created a duplication in numbering, reads as follows:
A. It shall be unlawful for a person less than eighteen (18) years of age to operate or to be carried as a passenger upon an all-terrain vehicle unless the person wears a crash helmet of a type which complies with standards established by 49 C.F.R., Section 571.218.
B. It shall be unlawful for the operator of an all-terrain vehicle to carry a passenger unless that all-terrain vehicle has been specifically designed by the manufacturer to carry passengers in addition to the operator.
C. Effective September 1, 2008, every operator of an all-terrain vehicle less than eighteen (18) years of age shall possess a safety certificate indicating successful completion of an all-terrain vehicle safety course sponsored or approved by the State Board of Health. The Board of Health shall promulgate rules regarding the standards of safety to be demonstrated by all-terrain vehicle operators before they may be awarded certification. The Commissioner of Health shall appoint an advisory committee comprised of all-terrain vehicle dealers, manufacturers, riders, parents, pediatricians, and trauma personnel to advise on the rules to be promulgated.
D. It shall be unlawful for the parent or legal guardian of a person less than twelve (12) years of age to knowingly permit that person to operate an all-terrain vehicle with a piston or rotor displacement of greater than seventy cubic centimeters (70 cu cm), or for any owner of an all-terrain vehicle with a piston or rotor displacement of greater than seventy cubic centimeters (70 cu cm) to knowingly permit any person less than twelve (12) years of age to operate that all-terrain vehicle.
E. It shall be unlawful for the parent or legal guardian of a person less than sixteen (16) years of age to knowingly permit that person to operate an all-terrain vehicle with a piston or rotor displacement of greater than ninety cubic centimeters (90 cu cm), or for any owner of an all-terrain vehicle with a piston or rotor displacement of greater than ninety cubic centimeters (90 cu cm) to knowingly permit any person less than sixteen (16) years of age to operate that all-terrain vehicle.
F. Any person convicted of violating the provisions of this section shall be punished by a fine of not less than Twenty-five Dollars ($25.00) and not more than One Hundred Dollars ($100.00).
G. The provisions of this section shall not apply to:
1. Any person operating an all-terrain vehicle while engaged in ranching or farming operations; or
2. Any person using an all-terrain vehicle for hunting, fishing, or trapping purposes, provided that person is otherwise lawfully engaged in those activities.
H. As used in this act, ?all-terrain vehicle? means a motorized vehicle manufactured and used exclusively for off-highway use traveling on three or four low-pressure tires, having a seat designed to be straddled by the operator, and which is steered by the use of handlebars.
SECTION 2. This act shall become effective November 1, 2007.

51-1-262 LTL 1/23/2007 3:34:20 PM


Senate Contact Information
Adelson, Tom (D) adelson@oksenate.gov
Aldridge, Cliff (R) aldridge@oksenate.gov
Anderson, Patrick (R) anderson@oksenate.gov
Ballenger, Roger (D) ballenger@oksenate.gov
Barrington, Don (R) barrington@oksenate.gov
Bass, Randy (D) bass@oksenate.gov
Bingman, Brian (R) bingman@oksenate.gov
Branan, Cliff (R) branan@oksenate.gov
Brogdon, Randy (R) brogdon@oksenate.gov
Brown, Bill (R ) brownb@oksenate.gov
Burrage, Sean (D) burrage@oksenate.gov
Coates, Harry (R) coates@oksenate.gov
Coffee, Glenn (R) coffee@oksenate.gov
Corn, Kenneth (D) cochran@oksenate.gov
Crain, Brian (R) crain@oksenate.gov
Crutchfield, Johnnie (D) bigger@oksenate.gov
Easley, Mary (D) easley@oksenate.gov
Eason McIntyre, Judy (D) easonmcintyre@oksenate.gov
Ford, John (R) fordj@oksenate.gov
Garrison, Earl (D) garrisone@oksenate.gov
Gumm, Jay Paul (D) gumm@oksenate.gov
Ivester, Tom (D) ivester@oksenate.gov
Johnson, Constance (D) johnsonc@oksenate.gov
Johnson, Mike (R) johnsonm@oksenate.gov
Jolley, Clark (R) jolley@oksenate.gov
Justice, Ron (R) justice@oksenate.gov
Lamb, Todd (R) lamb@oksenate.gov
Laster, Charlie (D) laster@oksenate.gov
Laughlin, Owen (R) laughlin@oksenate.gov
Leftwich, Debbe (D) leftwich@oksenate.gov
Lerblance, Richard (D) bell@oksenate.gov
Mazzei, Mike (R) mazzei@oksenate.gov
Morgan, Mike (D) bard@oksenate.gov
warner@oksenate.gov
osborn@oksenate.gov
fleet@oksenate.gov
garrison@oksenate.gov

Myers, David (R) ingraham@oksenate.gov
Nichols, Jonathan (R) nichols@oksenate.gov
Paddack, Susan (D) paddack@oksenate.gov
Rabon, Jeff (D) rabon@oksenate.gov
Reynolds, Jim (R) reynolds@oksenate.gov
Rice, Andrew (D) rice@oksenate.gov
Riley, Nancy (D) rileyn@oksenate.gov
Schulz, Mike () schulz@oksenate.gov
Sparks, John (D) sparks@oksenate.gov
Sweeden, Joe (D) sweeden@oksenate.gov
Sykes, Anthony ( R ) sykes@oksenate.gov
Wilcoxson, Kathleen (R) purinton@oksenate.gov
Williamson, James (R) brownb1@oksenate.gov
Wilson, Jim (D) wilson@oksenate.gov
Wyrick, Charles (D) wyrick@oksenate.gov



Senate deadlines:
January 2: Session convenes at 12:00 p.m.
January 18: Bill Introduction Deadline
February 5: Session begins.
February 22: Report from Committee in House of Origin Deadline
March 15: 3rd Reading in House of Origin Deadline.
April 5: Report from Committee in Opposite House Deadline
April 26: 3rd Reading in Opposite House Deadline
May 25: Sine Die Adjournment by 5:00 p.m.

 

SB 1039 has went to the Rules committee:

The committee can change this bill or not even let it get out to the floor, so we need to write these people.

Senator Sean Burrage - Co-Chair
Senator Mike Schulz - Co-Chair

Senator Cliff Branan
Senator John Ford
Senator Earl Garrison
Senator Joe Sweeden
Senator James A. Williamson
Senator Jim Wilson

Caroline Dennis - Committee Staff Director
Cheryl Purvis - Staff Attorney
Merian McCuin - Administrative Assistant

 

Just to add some suggestions and some updates.

First of all, if you want to write them, do in on paper and mail it. Do not e-mail it. They get so much spam mail they don't read the e-mails. Mailing them a letter is the worst option but better than nothing.

Next best option if a phone call. Most likely you will reach their assistant but they will forward on information as long as it isn't ranting or abusive.

Finally, face to face is what gets things going. Stop by their offices and visit with them. Be courteous but explain your concerns.

On March 1, 2007 ABATE will be hosting a legislative breakfast on the 4th floor rotunda for those in opposition to SB1039. It begins at 7:30. I plan on recruiting as many riders as I can find to wear their full riding gear and to bring their bikes or ATV's on trucks or trailers so they are visible to the legislators.

There is no question that there needs to be something changed in certain areas regarding ATV and motorcycle safety. But we don't need the Health Dept. determining what a good ATV safety program is when they have no clue what they are.
The bill is so rediculious in that the only places that are really going to be affected by the rules are places such as Draper, Cross Bar, Stillwater and a few others that already have rules in place that greatly reduce injuries. The bill has exemptions for private, farm, hunting, fishing, etc. And other than Little Sahara, the majority of the injuries come on private property, farms, etc.

The worst place in the state for ATV accidents is Woods County (Waynoka). Of the other 76 counties only Oklahoma and Osage average just under 10 overnight stays in the hospital a year. This is what determines whether it's a serious accident, an overnight stay.
The remaining 74 counties in the state average 6 serious injuries or less a year. Over half the state has 2 or less a year.

Now the state wants to regulate safety on ATVs but the most dangerous place or most likely place to get injured in the whole state is the STATE PARK AT LITTLE SAHARA!!!In the last four years they have had over 140 accidents which required at least a one night stay in the hospital. Now are these the folks we need to be setting safety standards on ATVs? Wouldn't say their track record is all that good so far!

I highly recommend that everyone attend the breakfast on March 1. Show respect but more than anything...SHOW UP!

I have several sheets with statistics on ATV accidents in Oklahoma. The numbers come from the US Consumer Product Safety Commission. Anyone can access much of it by going to www.atvsafety.gov.

Brad Black, manager
Cross Bar Ranch Park

 

Well, sb 1039 is dead. Just because it is dead doesn't mean they can't tag these ideas onto another bill.

HB 1686 is NOT DEAD. This bill has been amended to ban the carrying of passengers on an ATV unless the ATV was designed for it.

It came out of committee and is on general order for Monday March 5.

Link to bill HB 1686:
http://webserver1.lsb.state.ok.us/20...B1686_HFLR.RTF



THE HOUSE OF REPRESENTATIVES
Monday, March 5, 2007
Committee Substitute for
House Bill No. 1686
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1686 - By: NATIONS, SULLIVAN and ROAN of the House and RICE of the Senate.
An Act relating to motor vehicles; prohibiting operation of all-terrain vehicles by certain persons without a crash helmet; prohibiting passengers on all-terrain vehicles; providing penalty; authorizing enforcement of statute by peace officers; defining term; stating applicability of certain provisions; providing exception; providing for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 11-1117 of Title 47, unless there is created a duplication in numbering, reads as follows:
A. It shall be unlawful for a person less than eighteen (1 years of age to operate or to be carried as a passenger upon an all-terrain vehicle unless the person wears a crash helmet of a type which complies with standards established by 49 C.F.R., Section 571.218.
B. It shall be unlawful for the operator of an all-terrain vehicle to carry a passenger unless that all-terrain vehicle has been specifically designed by the manufacturer to carry passengers in addition to the operator.
C. Any person convicted of violating the provisions of this section shall be punished by a fine of not more than Twenty-Five Dollars ($25.00). Any peace officer of this state including, but not limited to, park rangers, is authorized to enforce the provisions of this section.
D. As used in this section, ?all-terrain vehicle? means a motorized vehicle manufactured and used exclusively for off-highway use which is sixty (60) inches or less in width, with an unladen dry weight of one thousand five hundred (1,500) pounds or less, traveling on three or more low-pressure tires, having a seat designed to be straddled by the operator, and which is steered by the use of handlebars.
E. The provisions of this section shall apply only to persons operating all-terrain vehicles on public lands.
F. The provisions of this section shall not apply to persons operating an all-terrain vehicle on privately owned property.
SECTION 2. This act shall become effective November 1, 2007.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY, dated 03-01-07 - DO PASS, As Amended and Coauthored.

 

So this will go in affect on November 1, 2007?

 

UPDATE--------------HB 1686 has passed the HOUSE.

It is now going to the Senate. It also has NO TITLE. This means that ANYTHING can be added to it like a MANDATORY helmet law for adults, or a ban or age/cc regulation for kids, etc.

This bill is a helmet law for kids under 18 and a NO PASSENGER law (including adults).

Call and write your Senator against this bill.

Although I agree kids should wear helmets, I can decide if I want to ride with my husband on the back of his quad!

If this bill passes, what do you think will be next? Read the following.

Waynoka/Little Sahara is named in the following story. Keep in mind that over 100.000 people come to LS and how many quads are in use out there. Also, if you go to the OK child death review boards site, look where those accidents took place. They took place in fields and county roads, however our legislators conveniently overlook this fact.

The following is from the OSDH and the OKINSIDER website:

FOR RELEASE: March 14 , 2007
CONTACT: Pamela Williams
Office of Communications
405/271-5601


"Study Shows 14 Top Oklahoma Cities For Traumatic ATV Injuries

In a report released today by the Oklahoma State Department of Health (OSDH) Trauma Registry, 14 Oklahoma cities were identified as having the greatest number of All Terrain Vehicle (ATV) injuries in Oklahoma from January 2002 to June 2006. Of the 1,580 cases identified as ATV-related injuries on the Trauma Registry and Emergency Medical Services databases, Waynoka was recognized as the city with the most ATV-related injuries at 144. Waynoka is the site of the Little Sahara State Park used by many ATV riders.

Other cities reporting a high number of ATV-related injuries were: Ponca City (17), Stigler (16), McAlester (15), Oklahoma City (15), Altus (13), and Ada, Atoka and Stillwell with 12 each. Cities that tied with 11 cases each were Elk City, Holdenville, Lawton, Lindsay, and Norman.

Of the 1,580 cases reviewed, more than 41 percent of injuries were to persons younger than 18 years old. Thirty-three deaths were reported to the State Trauma Registry during this time and of these, 17, or 52 percent, were under 18 years of age. It is very likely that this underestimates the number of deaths because deaths that occur at the scene and patients transferred out of the state are not captured by this database.

?This year we have another opportunity to try to prevent deaths and terrible injuries caused by children using ATVs without helmets or proper supervision by supporting pending legislation that would regulate use of ATVs by children under age 18,? said Cabinet Secretary for Health and State Health Commissioner Dr. Michael Crutcher.

?ATVs are difficult to operate, and children often do not have the cognitive and physical ability to drive these vehicles safely. When compared to bike crashes, parents should remember that an ATV crash is six times more likely to send a child to the hospital and 12 times more likely to kill a child,? Crutcher said.

Two legislative bills were introduced this session to require children younger than 18 years old to wear a helmet while riding on an ATV on public land, such as state parks, and outlaw riding with a passenger, unless the ATV was designed to carry a second person. HB 1686, sponsored by Rep. Bill Nations, was passed in the House today. The law carries a $25 fine and could be enforced by any peace officer including park rangers. A similar bill, SB 1039, introduced by Sen. Andrew Rice, was not heard in Senate Rules Committee.

Oklahoma is one of only a handful of states that has no safety requirements for ATV riders, other than they are not allowed on paved roads. About 28 states have some type of law requiring safety courses, helmets and/or a provision that limits the size of ATVs young riders can use. ATVs are not toys and can travel at highway speeds and weigh up to 600 pounds. Many studies have shown that ATVs roll over frequently and often children are riding ATVs that are too large for their recommended age group. The federal Consumer Product Safety Commission estimates helmet use by ATV riders would reduce the risk of death by 42 percent and the risk of nonfatal head injury by 64 percent.

The OSDH study revealed that the body regions most frequently injured were the torso (21.2 percent), upper extremities including head, face and neck (36.4 percent), and traumatic brain injury (15.8 percent). The most common types of injuries were fractures, internal organs, superficial/contusions, and open wound."

-----------------------
OK-House talks helmets, foreign investments, abortion
03/14/2007 by Heather Warlick


(LIN) The House debated several bills Wednesday morning and passed every bill they heard. Among the topics of debate were helmet laws for minors riding ATVs, foreign investment of taxpayer money and abortion.
Members spent much of their time discussing HB 1686, by Rep. Bill Nations, D-Norman, and Sen. Andrew Rice, D-Oklahoma City. The bill requires persons under age 18 to wear a crash helmet while operating or riding as a passenger on an all-terrain vehicle (ATV) on public lands. The measure prohibits passengers on ATVs unless it is designed to carry passengers. Peace officers, including park rangers, would be responsible for enforcement of the bill's provisions, noncompliance of which is subject to a $25 fine. The bill does not mandate officers to stop or ticket any given rider based on their age or appearance, it only gives them the discretion to do so. The bill also does not require the use of helmets on private property.

The bill was inspired by the deaths of six minor children last year as a result of ATV accidents, Nations said. He did not have the information regarding how many of those deaths occurred on state property versus private property.

Nations moved to strike the title so it could be amended later to include a provision that fines collected on public lands would be retained by the issuing state park, municipal park or other public area that permits all-terrain vehicle riding.

Rep. Daniel Sullivan, R-Tulsa, debated in favor of the bill despite the fact that he refused to bring up a similar bill last year when he was floor leader. "This is different than motorcycles in that it is illegal to operate an ATV on streets as it is." He said a member of his family died in an ATV accident nine years ago and that nine Oklahomans died from ATV accidents in 2000; eight in 2001; 10 in 2002, and seven in 2003. In both 2004 and 2005, 12 people died, he said, and, by December 2006, 18 people had died in ATV accidents.

"If we make kids under 18 wear a motorcycle helmet, how is it less important that they wear one on an ATV?" Sullivan asked. "It's no different than a law enforcement officer looking out on the streets for motorcycle operators that are under 18. This is an issue of parental responsibility. Parents need to be aware of the dangers of these. I think this bill reaches an excellent compromise on dealing with these issues."

He said the bill makes sense and would help in areas where parents often do not exercise good common sense and would give law enforcement officers a tool on state property in the case of a young person acting irresponsibly.

McCarter also debated for the bill. He said that, even though he has a libertarian streak and does not usually support government telling him what he can do with his body, he supports the bill. He mentioned a family in his district that lost a son who was riding an ATV to move cattle.

Reynolds debated against the bill. He said he had been undecided about how he would vote and he debated the bill in order to ask a question. "How many of those six deaths you cited occurred on public lands?" He said. He also objected to the amendment to strike the title. "I think we should be voting on a bill that is a final product, not one that will become a final product in conference committee."

Reynolds said he is in favor of helmet laws and that his children always wear them.

Rep. Jeff Hickman, R-Dacoma, also debated against the bill. He said it would present a problem to the state parks and that it is a step in the direction of "helmets for everyone."

"It's tragic anytime anyone loses their life in an accident," Hickman said. But he said most of the deaths that occur in ATV accidents are a result of the rider being crushed, not head trauma. In many of the deaths, he said, a helmet wouldn't have mattered. "Helmets can prevent injuries and my daughters wear them. But I don't know that it's our job to tell parents how to raise their children," he said.

Nations finished the debate in favor of the bill. He said that 43 percent of deaths caused by ATV accidents could have been prevented by wearing a helmet.

"That means that if there were six children under 18 killed in ATV accidents last year, three of those could be alive today," Nations said. "This bill is not about financial costs. It is not about tourism, it's not about selling ATVs. This is a bill about saving children's lives."

The bill passed the house in a vote of 82-16.