California AB 1266 Signed by the Governor

By Jeff On October 9, 2012 · Add Comment · In LEGAL

I am thrilled to report that today Governor Jerry Brown signed AB 1266 into law. I want to thank you all for your advice and support in getting this passed. I could not have done it without you.

AB 1266 removes the language requiring passengers to be able to sit “with both feet flat on the floorboard” while restrained. This will ensure that children can continue to ride, allowing families to continue enjoying off-roading together.

This bill also delays the implementation of the provision prohibiting the use of post-manufactured seats until July 1, 2013. This will give legislators time to work on a solution that would allow operators who have safely modified their vehicles to continue riding.

Now that AB 1266 has been signed into law, my office will work on securing an author for a bill to resolve your remaining concerns. I will update you in the coming weeks on the progress of draft legislation as well as information about which legislators will be carrying the legislation next year.

Thank you again for all of your input and support over the past two months.

Sincerely,Assemblyman Paul Cook
65th Assembly District

Assembly Bill No. 1266

CHAPTER 529

An act to amend Sections 38603 and 38604 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor September 25, 2012. Filed Secretary of State September 25, 2012. ]

LEGISLATIVE COUNSEL’S DIGEST

AB 1266, Nielsen. Vehicles: recreational off-highway vehicles.

(1) Existing law, commencing January 1, 2013, establishes rules for the operation of, and requirements for equipment of, an off-highway vehicle, including 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. Existing law, commencing January 1, 2013, prohibits a person operating a recreational off-highway vehicle from riding with a passenger, unless the passenger, among other things, have both feet flat on the floorboard.

This bill would delay operation of the prohibition that 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 until July 1, 2013, and would eliminate the requirement that both of the passengers feet must be flat on the floorboard.

(2) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 38603 of the Vehicle Code, as added by Section 3 of Chapter 165 of the Statutes of 2012, 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.

SEC. 2.

Section 38604 of the Vehicle Code, as added by Section 3 of Chapter 165 of the Statutes of 2012, is amended to read:

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.

SEC. 3.

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 protect off-highway vehicle operators, passengers, and the public from acts that could lead to harm or death, and in order to avoid unnecessary implementation that could cost the state money and take away resources from other important activities, it is necessary that this act take effect immediately.