California Assembly Bill AB64 Amended / Bill

 BILL NUMBER: AB 64AMENDED BILL TEXT AMENDED IN SENATE JULY 1, 2013 AMENDED IN ASSEMBLY MAY 8, 2013 AMENDED IN ASSEMBLY APRIL 17, 2013 AMENDED IN ASSEMBLY FEBRUARY 7, 2013 INTRODUCED BY Assembly  Member   Donnelly   Members   Donnelly   and Linder  JANUARY 7, 2013 An act to  amend Sections 38603 and 38604 of   add Section 35400.6 to  the Vehicle Code, relating to  vehicles, and declaring the urgency thereof, to take effect immediately.   vehicles.  LEGISLATIVE COUNSEL'S DIGEST AB 64, as amended, Donnelly. Vehicles:  recreational off-highway vehicles.   fifth-wheel travel trailers.   (1) Existing law prohibits a vehicle from exceeding 40 feet in length. Existing law exempts from this prohibition specified types of vehicles, including, but not limited to, an articulated bus or articulated trolley coach that does not exceed a length of 60 feet, and a motortruck used solely as a cotton module mover that does not exceed 48 feet in length. A violation of the Vehicle Code is a crime.   This bill would additionally exempt from this prohibition a 5th-wheel travel trailer that does not exceed 48 feet in length from the foremost point of the trailer to the rear extremity of the trailer, and that does not exceed 40 feet in length from the kingpin to the centerline of the rearmost axle. The bill would require a manufacturer of a 5th-wheel travel trailer that meets this exemption to include in the delivery documents provided to a dealer the overall length of the 5th-wheel travel trailer. The bill would permit a dealer to reject acceptance of the 5th-wheel travel trailer if this documentation is not provided. By creating a new crime, the bill would impose a state-mandated local program.   (2) 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. 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.   (4) This bill would declare that it is to take effect immediately as an urgency statute.  Vote:  2/3   majority  . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 35400.6 is added to the   Vehicle Code   , to read:   35400.6. (a) Subdivision (a) of Section 35400 does not apply to a fifth-wheel travel trailer that does not exceed 48 feet in length from the foremost point of the trailer to the rear extremity of the trailer, and that does not exceed 40 feet in length from the kingpin to the centerline of the rearmost axle. (b) A manufacturer of a fifth-wheel travel trailer described by subdivision (a) shall include in the delivery documents provided to a dealer the overall length of the fifth-wheel travel trailer. The dealer may reject acceptance of the fifth-wheel travel trailer if this documentation is not provided.   SEC. 2.   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.   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. 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.