BILL NUMBER: AB 64	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 7, 2013

INTRODUCED BY   Assembly Member Donnelly

                        JANUARY 7, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 64, as amended, Donnelly. Vehicles: recreational off-highway
vehicles. 
   Existing 
    (1)     Existing  law establishes
rules for the operation of off-highway vehicles, including specified
requirements governing the operation of recreational off-highway
vehicles.  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.  
Existing law prohibits a person from allowing a passenger in a
recreational off-highway vehicle unless the passenger is wearing a
safety helmet.  
   This bill would repeal all provisions applicable to the operation
of recreational off-highway vehicles.  
   This bill would provide that this prohibition does not apply to a
passenger secured in a child safety seat.  
   (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.  
   This bill would provide that this prohibition does not apply to
any vehicle manufactured prior to January 1, 2014. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Chapter 8 (commencing with Section
38600) of Division 16.5 of the Vehicle Code is repealed. 
   SECTION 1.    Section 38601 of the   Vehicle
Code   is amended to read: 
   38601.   (a)    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. 
   (b) This section shall not apply to a passenger secured in a child
safety seat. 
   SEC. 2.    Section 38603 of the   Vehicle
Code   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. 

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