BILL NUMBER: AB 1266	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2012
	PASSED THE ASSEMBLY  AUGUST 31, 2012
	AMENDED IN SENATE  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 23, 2012

INTRODUCED BY   Assembly Members Nielsen and Cook
   (Coauthor: Assembly Member V. Manuel Pérez)

                        FEBRUARY 18, 2011

   An act to amend Sections 38603 and 38604 of the Vehicle Code,
relating to vehicles, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1266, Nielsen. Vehicles: recreational off-highway vehicles.
   (1) Existing law, commencing January 1, 2013, establishes rules
for the operation of, and requirements for equipment of, an
off-highway vehicle, including prohibiting a person who is operating
a recreational off-highway vehicle from allowing a passenger to
occupy a separate seat location not designed and provided by the
manufacturer for a passenger. Existing law, commencing January 1,
2013, prohibits a person operating a recreational off-highway vehicle
from riding with a passenger, unless the passenger, among other
things, have both feet flat on the floorboard.
   This bill would delay operation of the prohibition that a person
operating a recreational off-highway vehicle shall not allow a
passenger to occupy a separate seat location not designed and
provided by the manufacturer for a passenger until July 1, 2013, and
would eliminate the requirement that both of the passengers feet must
be flat on the floorboard.
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 38603 of the Vehicle Code, as added by Section
3 of Chapter 165 of the Statutes of 2012, is amended to read:
   38603.  (a) A person operating a recreational off-highway vehicle
shall not allow a passenger to occupy a separate seat location not
designed and provided by the manufacturer for a passenger.
   (b) This section shall become operative on July 1, 2013.
  SEC. 2.  Section 38604 of the Vehicle Code, as added by Section 3
of Chapter 165 of the Statutes of 2012, is amended to read:
   38604.  A person operating a recreational off-highway vehicle
shall not ride with a passenger, unless the passenger, while seated
upright with his or her back against the seatback, can grasp the
occupant handhold with the seatbelt and shoulder belt or safety
harness properly fastened.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect off-highway vehicle operators, passengers, and
the public from acts that could lead to harm or death, and in order
to avoid unnecessary implementation that could cost the state money
and take away resources from other important activities, it is
necessary that this act take effect immediately.