Amended in Senate April 1, 2013

Senate BillNo. 234


Introduced by Senator Walters

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(Coauthors: Senators Fuller and Hueso)

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February 12, 2013


An act to amend Sectionsbegin delete 38601 andend delete 38603begin insert and 38604end insert ofbegin delete, and to repeal Section 38604 ofend delete, the Vehicle Code, relating to recreational off-highway vehiclesbegin insert, and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 234, as amended, 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 personbegin delete from allowing a passenger in a recreational off-highway vehicle unless the passenger is wearing a safety helmet.end delete

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This bill would make this prohibition inapplicable to a child who is secured in an appropriate child passenger restraint system meeting specified requirements.

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begin delete(2)end deletebegin deleteend deletebegin deleteExisting law prohibits a personend delete 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.

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(3)

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begin insert(2)end insert 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 wouldbegin delete repeal these provisionsend deletebegin insert 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 programend insert.

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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.

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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.

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However, the provisions of the bill would become operative as specified.

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Vote: begin deletemajority end deletebegin insert23end insert. 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:

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SECTION 1.  

Section 38601 of the Vehicle Code is amended
2to read:

3

38601.  

(a) 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.

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2begin insertSECTION 1.end insert  

Section 38603 of the Vehicle Code is amended
3to read:

4

38603.  

(a) A person operating a recreational off-highway
5vehicle with a model year of 2014 or later shall not allow a
6passenger to occupy a separate seat location not designed and
7provided by the manufacturer for a passenger.

8(b) Seats that are installed in a separate seat location not
9designed and provided by the manufacturer for a passenger in
10vehicles with model year of 2013 or earlier may be occupied by a
11passenger if the occupant of the seat is fully contained inside of
12the vehicle’s rollover protection structure at all times while the
13vehicle is being operated.

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SEC. 3.  

Section 38604 of the Vehicle Code is repealed.

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begin insertSEC. 2.end insert  

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

16

38604.  

begin insert(a)end insertbegin insertend insertA person operating a recreational off-highway
17vehicle shall not ride with a passenger, unless the passenger, while
18seated upright with his or her back against the seatback, can grasp
19the occupant handhold with the seatbelt and shoulder belt or safety
20harness properly fastened.

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21(b) For purposes of this chapter, “occupant handhold” means
22any factory or aftermarket device grasped by an occupant to
23provide support and to assist in keeping arms and hands within
24the recreational off-highway vehicle. The steering wheel shall be
25considered an occupant handhold for the recreational off-highway
26vehicle operator.

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27(c) Occupant handholds shall be designed to allow the
28recreational off-highway vehicle passenger to exit the vehicle
29without interference from the handholds.

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30begin insert

begin insertSEC. 3.end insert  

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No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.

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begin insertSEC. 4.end insert  

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This act shall become operative on July 1, 2013.

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begin insertSEC. 5.end insert  

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This act is an urgency statute necessary for the
2immediate preservation of the public peace, health, or safety within
3the meaning of Article IV of the Constitution and shall go into
4immediate effect. The facts constituting the necessity are:

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5In order to allow sufficient time to implement recently enacted
6provisions of law regarding recreational off-highway vehicles, it
7is necessary that this act take effect immediately.

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