Amended in Assembly February 7, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 64

Introduced by Assembly Member Donnelly

January 7, 2013

An act to begin delete repeal Chapter 8 (commencing with Section 38600) of Division 16.5 end delete begin insert amend Sections 38601 and 38603 end insert of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 64, as amended, Donnelly. Vehicles: recreational off-highway vehicles.

begin delete

Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert law establishes rules for the operation of off-highway vehicles, including specified requirements governing the operation of recreational off-highway vehicles. begin delete These provisions 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, and from riding with a passenger, unless the passenger, among other things, can grasp the occupant handhold with the seatbelt and shoulder belt or safety harness properly fastened while seated upright. end delete begin insert Existing law prohibits a person from allowing a passenger in a recreational off-highway vehicle unless the passenger is wearing a safety helmet. end insert

begin delete

This bill would repeal all provisions applicable to the operation of recreational off-highway vehicles.

end delete begin insert

This bill would provide that this prohibition does not apply to a passenger secured in a child safety seat.

end insert begin insert

(2) Existing law prohibits a person 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.

end insert begin insert

This bill would provide that this prohibition does not apply to any vehicle manufactured prior to January 1, 2014.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Chapter 8 (commencing with Section 38600) of
Division 16.5 of the Vehicle Code is repealed.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 38601 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

38601.  

begin insert (a) end insert begin insert   end insert A person shall not operate, or allow a passenger
in, a recreational off-highway vehicle unless the person and the
passenger are wearing safety helmets meeting the requirements
established for motorcycles and motorized bicycles pursuant to
Section 27802.

begin insert

(b) This section shall not apply to a passenger secured in a child
safety seat.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 38603 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

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.

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(b) This section shall become operative on July 1, 2013.

end delete begin insert

(b) This section shall not apply to any vehicle manufactured
prior to January 1, 2014.

end insert