Amended in Assembly April 17, 2013

Amended in Assembly February 7, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 64


Introduced by Assembly Member Donnelly

January 7, 2013


An act to amend Sectionsbegin delete 38601 andend delete 38603begin insert and 38604end insert of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

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

begin insert

(1)  Existing law establishes rules for the operation of off-highway vehicles, including specified requirements governing the operation of recreational off-highway vehicles. A violation of these rules and requirements is a crime. Existing law prohibits 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.

end insert
begin insert

This bill would make these provisions applicable only to a recreational off-highway vehicle with a model year of 2014 or later. For vehicles with a model year of 2013 or earlier, the bill would allow seats that are installed in a separate seat location not designed and provided by the manufacturer for a passenger to be occupied if the occupant of the seat is fully contained inside of the vehicle’s rollover protection structure at all times while the vehicle is being operated. Because a violation of the provisions would be a crime, this bill would impose a state-mandated local program.

end insert
begin insert

(2) Existing law prohibits a person from operating a recreational off-highway vehicle from riding 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 while seated upright.

end insert
begin insert

This bill would define occupant handhold for these purposes, and would require occupant handholds to be designed to allow the recreational off-highway vehicle passenger to exit the vehicle without interference from the handholds. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

end insert
begin insert

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

(1) Existing law establishes rules for the operation of off-highway vehicles, including specified requirements governing the operation of recreational off-highway vehicles. Existing law prohibits a person from allowing a passenger in a recreational off-highway vehicle unless the passenger is wearing a safety helmet.

end delete
begin delete

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

end delete
begin delete

(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 delete
begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 38603 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

38603.  

(a) A person operating a recreational off-highway
4vehiclebegin insert with a model year of 2014 or laterend insert shall not allow a
P3    1passenger to occupy a separate seat location not designed and
2provided by the manufacturer for a passenger.

begin insert

3(b) Seats that are installed in a separate seat location not
4designed and provided by the manufacturer for a passenger in
5vehicles with model year of 2013 or earlier may be occupied by a
6passenger if the occupant of the seat is fully contained inside of
7the vehicle’s rollover protection structure at all times while the
8vehicle is being operated.

end insert
begin delete

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

end delete
10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 38604 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

11

38604.  

begin insert(a)end insertbegin insertend insert A person operating a recreational off-highway
12vehicle shall not ride with a passenger, unless the passenger, while
13seated upright with his or her back against the seatback, can grasp
14the occupant handhold with the seatbelt and shoulder belt or safety
15harness properly fastened.

begin insert

16(b) For purposes of this chapter, “occupant handhold” means
17any factory or aftermarket device grasped by an occupant to
18provide support and to assist in keeping arms and hands within
19the recreational off-highway vehicle. The steering wheel shall be
20considered an occupant handhold for the recreational off-highway
21vehicle operator.

end insert
begin insert

22(c) Occupant handholds shall be designed to allow the
23recreational off-highway vehicle passenger to exit the vehicle
24without interference from the handholds.

end insert
25begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.

end insert
34begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act shall become operative on July 1, 2013.

end insert
begin delete35

SECTION 1.  

Section 38601 of the Vehicle Code is amended
36to read:

37

38601.  

(a) A person shall not operate, or allow a passenger
38in, a recreational off-highway vehicle unless the person and the
39passenger are wearing safety helmets meeting the requirements
P4    1established for motorcycles and motorized bicycles pursuant to
2Section 27802.

3(b) This section shall not apply to a passenger secured in a child
4safety seat.

end delete
begin delete5

SEC. 2.  

Section 38603 of the Vehicle Code is amended to read:

6

38603.  

(a) A person operating a recreational off-highway
7vehicle shall not allow a passenger to occupy a separate seat
8location not designed and provided by the manufacturer for a
9passenger.

10(b) This section shall not apply to any vehicle manufactured
11prior to January 1, 2014.

end delete


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