Bill Text: CA SB234 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Recreational off-highway vehicles.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 179, Statutes of 2013. [SB234 Detail]

Download: California-2013-SB234-Introduced.html

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BILL NUMBER: SB 234	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 12, 2013

   An act to amend Sections 38601 and 38603 of, and to repeal Section
38604 of, the Vehicle Code, relating to recreational off-highway
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   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 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 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) This section shall become operative on July 1, 2013. 

   (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. 
   38604.  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.