Amended in Assembly May 8, 2013

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 Sections 38603 and 38604 of the Vehicle Code, relating tobegin delete vehicles.end deletebegin insert vehicles, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

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

(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.

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.

(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.

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.

(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.

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

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(4) This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 38603 of the Vehicle Code is amended
2to read:

3

38603.  

(a) A person operating a recreational off-highway
4vehicle with a model year of 2014 or later shall not allow a
5passenger to occupy a separate seat location not designed and
6provided by the manufacturer for a passenger.

7(b) Seats that are installed in a separate seat location not
8designed and provided by the manufacturer for a passenger in
9vehicles with model year of 2013 or earlier may be occupied by a
10passenger if the occupant of the seat is fully contained inside of
11the vehicle’s rollover protection structure at all times while the
12vehicle is being operated.

13

SEC. 2.  

Section 38604 of the Vehicle Code is amended to read:

14

38604.  

(a) A person operating a recreational off-highway
15vehicle shall not ride with a passenger, unless the passenger, while
P3    1seated upright with his or her back against the seatback, can grasp
2the occupant handhold with the seatbelt and shoulder belt or safety
3harness properly fastened.

4(b) For purposes of this chapter, “occupant handhold” means
5any factory or aftermarket device grasped by an occupant to
6provide support and to assist in keeping arms and hands within
7the recreational off-highway vehicle. The steering wheel shall be
8considered an occupant handhold for the recreational off-highway
9vehicle operator.

10(c) Occupant handholds shall be designed to allow the
11recreational off-highway vehicle passenger to exit the vehicle
12without interference from the handholds.

13

SEC. 3.  

No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.

22

SEC. 4.  

This act shall become operative on July 1, 2013.

23begin insert

begin insertSEC. 5.end insert  

end insert
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This act is an urgency statute necessary for the
24immediate preservation of the public peace, health, or safety within
25the meaning of Article IV of the Constitution and shall go into
26immediate effect. The facts constituting the necessity are:

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27In order to allow sufficient time to implement recently enacted
28provisions of law regarding recreational off-highway vehicles, it
29is necessary that this act take effect immediately.

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