California Assembly Bill AB64 Amended / Bill

 BILL NUMBER: AB 64AMENDED BILL TEXT AMENDED IN ASSEMBLY FEBRUARY 7, 2013 INTRODUCED BY Assembly Member Donnelly JANUARY 7, 2013 An act to  repeal Chapter 8 (commencing with Section 38600) of Division 16.5   amend Sections 38601 and 38603  of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 64, as amended, Donnelly. Vehicles: recreational off-highway vehicles.  Existing   (1)     Existing  law establishes rules for the operation of off-highway vehicles, including specified requirements governing the operation of recreational off-highway vehicles.  These provisions prohibiting 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, and from riding with a passenger, unless the passenger, among other things, can grasp the occupant handhold with the seatbelt and shoulder belt or safety harness properly fastened while seated upright.   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 repeal all provisions applicable to the operation of recreational off-highway vehicles.   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. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Chapter 8 (commencing with Section 38600) of Division 16.5 of the Vehicle Code is repealed.   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 become operative on July 1, 2013.   (b) This section shall not apply to any vehicle manufactured prior to January 1, 2014.