Bill Text: CA AB64 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: fifth-wheel travel trailers.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-10-04 - Chaptered by Secretary of State - Chapter 548, Statutes of 2013. [AB64 Detail]

Download: California-2013-AB64-Amended.html

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BILL NUMBER: AB 64	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2013
	AMENDED IN ASSEMBLY  FEBRUARY 7, 2013

INTRODUCED BY   Assembly Member Donnelly

                        JANUARY 7, 2013

   An act to amend Sections  38601 and  38603 
and 38604  of the Vehicle Code, relating to vehicles.


	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.  
   (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 provide that this prohibition does not apply to a
passenger secured in a child safety seat.  
   (2) Existing law prohibits a person 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 provide that this prohibition does not apply to
any vehicle manufactured prior to January 1, 2014. 
   Vote: majority. 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 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.  
   (b) This section shall become operative on July 1, 2013. 

   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.  
  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) This section shall not apply to a passenger secured in a child
safety seat.  
  SEC. 2.    Section 38603 of the Vehicle Code is
amended to read:
   38603.  (a) A person operating a recreational off-highway vehicle
shall not allow a passenger to occupy a separate seat location not
designed and provided by the manufacturer for a passenger.
   (b) This section shall not apply to any vehicle manufactured prior
to January 1, 2014.