BILL NUMBER: SB 234 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Walters
( Coauthors: Senators Fuller
and Hueso )
FEBRUARY 12, 2013
An act to amend Sections 38601 and 38603
and 38604 of , and to repeal Section 38604 of
, the Vehicle Code, relating to recreational off-highway
vehicles , and declaring the urgency thereof, to take effect
immediately .
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 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)
(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 repeal these provisions
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.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
However, the provisions of the bill would become operative as
specified.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38601 of the Vehicle Code is
amended to read:
38601. (a) A person shall not operate, or allow a passenger in, a
recreational off-highway vehicle unless the person and the passenger
are wearing safety helmets meeting the requirements established for
motorcycles and motorized bicycles pursuant to Section 27802.
(b) Subdivision (a) does not apply to a child who is secured in an
appropriate child passenger restraint system meeting the
requirements of Article 3.3 (commencing with Section 27360) of
Chapter 5 of Division 12.
SEC. 2. SECTION 1. Section 38603 of
the Vehicle Code is amended to read:
38603. (a) A person operating a recreational off-highway vehicle
with a model year of 2014 or later shall not allow a passenger to
occupy a separate seat location not designed and provided by the
manufacturer for a passenger.
(b) Seats that are installed in a separate seat location not
designed and provided by the manufacturer for a passenger in vehicles
with model year of 2013 or earlier may be occupied by a passenger 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.
SEC. 3. Section 38604 of the Vehicle Code is
repealed.
SEC. 2. Section 38604 of the Vehicle
Code is amended to read:
38604. (a) A person operating a
recreational off-highway vehicle shall not ride 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.
(b) For purposes of this chapter, "occupant handhold" means any
factory or aftermarket device grasped by an occupant to provide
support and to assist in keeping arms and hands within the
recreational off-highway vehicle. The steering wheel shall be
considered an occupant handhold for the recreational off-highway
vehicle operator.
(c) Occupant handholds shall be designed to allow the recreational
off-highway vehicle passenger to exit the vehicle without
interference from the handholds.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 4. This act shall become operative on July 1,
2013.
SEC. 5. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to allow sufficient time to implement recently enacted
provisions of law regarding recreational off-highway vehicles, it is
necessary that this act take effect immediately.