Amended in Senate July 1, 2013

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 Assemblybegin delete Member Donnellyend deletebegin insert Members Donnelly and Linderend insert

January 7, 2013


An act tobegin delete amend Sections 38603 and 38604 ofend deletebegin insert add Section 35400.6 toend insert the Vehicle Code, relating tobegin delete vehicles, and declaring the urgency thereof, to take effect immediately.end deletebegin insert vehicles.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 64, as amended, Donnelly. Vehicles:begin delete recreational off-highway vehicles.end deletebegin insert fifth-wheel travel trailers.end insert

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(1) Existing law prohibits a vehicle from exceeding 40 feet in length. Existing law exempts from this prohibition specified types of vehicles, including, but not limited to, an articulated bus or articulated trolley coach that does not exceed a length of 60 feet, and a motortruck used solely as a cotton module mover that does not exceed 48 feet in length. A violation of the Vehicle Code is a crime.

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This bill would additionally exempt from this prohibition a 5th-wheel travel trailer that does not exceed 48 feet in length from the foremost point of the trailer to the rear extremity of the trailer, and that does not exceed 40 feet in length from the kingpin to the centerline of the rearmost axle. The bill would require a manufacturer of a 5th-wheel travel trailer that meets this exemption to include in the delivery documents provided to a dealer the overall length of the 5th-wheel travel trailer. The bill would permit a dealer to reject acceptance of the 5th-wheel travel trailer if this documentation is not provided. By creating a new crime, the bill would impose a state-mandated local program.

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(2) 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
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This bill would provide that no reimbursement is required by this act for a specified reason.

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(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.

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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.

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(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.

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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.

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(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 delete
begin delete

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

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

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Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 35400.6 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert35400.6.end insert  

(a) Subdivision (a) of Section 35400 does not apply
4to a fifth-wheel travel trailer that does not exceed 48 feet in length
5from the foremost point of the trailer to the rear extremity of the
6trailer, and that does not exceed 40 feet in length from the kingpin
7to the centerline of the rearmost axle.

8(b) A manufacturer of a fifth-wheel travel trailer described by
9subdivision (a) shall include in the delivery documents provided
10to a dealer the overall length of the fifth-wheel travel trailer. The
11dealer may reject acceptance of the fifth-wheel travel trailer if this
12documentation is not provided.

end insert
13begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

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.

end insert
begin delete22

SECTION 1.  

Section 38603 of the Vehicle Code is amended
23to read:

24

38603.  

(a) A person operating a recreational off-highway
25vehicle with a model year of 2014 or later shall not allow a
26passenger to occupy a separate seat location not designed and
27provided by the manufacturer for a passenger.

P4    1(b) Seats that are installed in a separate seat location not
2designed and provided by the manufacturer for a passenger in
3vehicles with model year of 2013 or earlier may be occupied by a
4passenger if the occupant of the seat is fully contained inside of
5the vehicle’s rollover protection structure at all times while the
6vehicle is being operated.

end delete
begin delete7

SEC. 2.  

Section 38604 of the Vehicle Code is amended to read:

8

38604.  

(a) A person operating a recreational off-highway
9vehicle shall not ride with a passenger, unless the passenger, while
10seated upright with his or her back against the seatback, can grasp
11the occupant handhold with the seatbelt and shoulder belt or safety
12harness properly fastened.

13(b) For purposes of this chapter, “occupant handhold” means
14any factory or aftermarket device grasped by an occupant to
15provide support and to assist in keeping arms and hands within
16the recreational off-highway vehicle. The steering wheel shall be
17considered an occupant handhold for the recreational off-highway
18vehicle operator.

19(c) Occupant handholds shall be designed to allow the
20recreational off-highway vehicle passenger to exit the vehicle
21without interference from the handholds.

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22

SEC. 3.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.

end delete
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31

SEC. 4.  

This act shall become operative on July 1, 2013.

end delete
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32

SEC. 5.  

This act is an urgency statute necessary for the
33immediate preservation of the public peace, health, or safety within
34the meaning of Article IV of the Constitution and shall go into
35immediate effect. The facts constituting the necessity are:

36In order to allow sufficient time to implement recently enacted
37provisions of law regarding recreational off-highway vehicles, it
38is necessary that this act take effect immediately.

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