SB 234, as introduced, Walters. 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. 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 make this prohibition inapplicable to a child who is secured in an appropriate child passenger restraint system meeting specified requirements.
(2) 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.
(3) 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 repeal these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 38601 of the Vehicle Code is amended
2to read:
begin insert(a)end insertbegin insert end insert A person shall not operate, or allow a passenger
4in, a recreational off-highway vehicle unless the person and the
5passenger are wearing safety helmets meeting the requirements
6established for motorcycles and motorized bicycles pursuant to
7Section 27802.
8(b) Subdivision (a) does not apply to a child who is secured in
9an appropriate child passenger restraint system meeting the
10requirements of Article 3.3 (commencing with Section 27360) of
11Chapter 5 of Division 12.
Section 38603 of the Vehicle Code is amended to read:
(a) A person operating a recreational off-highway
14vehiclebegin insert with a model year of 2014 or laterend insert shall not allow a
15passenger to occupy a separate seat location not designed and
16provided by the manufacturer for a passenger.
17(b) This section shall become operative on July 1, 2013.
end delete
18(b) Seats that are installed in a separate seat location not
19designed and provided by the
manufacturer for a passenger in
20vehicles with model year of 2013 or earlier may be occupied by a
21passenger if the occupant of the seat is fully contained inside of
22the vehicle’s rollover protection structure at all times while the
23vehicle is being operated.
Section 38604 of the Vehicle Code is repealed.
A person operating a recreational off-highway vehicle
26shall not ride with a passenger, unless the passenger, while seated
27upright with his or her back against the seatback, can grasp the
28occupant handhold with the seatbelt and shoulder belt or safety
29harness properly fastened.
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