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AB-1617 Vehicles: recreational off-highway vehicles.(2023-2024)

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Date Published: 02/17/2023 09:00 PM
AB1617:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1617


Introduced by Assembly Member Wallis

February 17, 2023


An act to amend Section 500 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1617, as introduced, Wallis. Vehicles: recreational off-highway vehicles.
Existing law regulates the operation of recreational off-highway vehicles, including that the driver be no less than 16 years of age or directly supervised by a parent or guardian, and that the driver and any passengers wear a helmet and seatbelt, as specified. A violation of these provisions is punishable as an infraction. Existing law defines “recreational off-highway vehicle” for purposes of these and other Vehicle Code provisions. Existing law limits the definition of “recreational off-highway vehicle” to those described vehicles that have an engine displacement of no more than 1,000cc.
This bill would remove the limitation on engine size from the definition of a “recreational off-highway vehicle.” By expanding the application of existing crimes, this bill would impose a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 500 of the Vehicle Code is amended to read:

500.
 “Recreational off-highway vehicle” means a motor vehicle meeting all of the following criteria:
(a) Designed by the manufacturer for operation primarily off of the highway.
(b) Has a steering wheel for steering control.
(c) Has nonstraddle seating provided by the manufacturer for the operator and all passengers.
(d) (1) Has a maximum speed capability of greater than 30 miles per hour.
(2) A vehicle designed by the manufacturer with a maximum speed capability of 30 miles per hour or less but is modified so that it has a maximum speed capability of greater than 30 miles per hour satisfies the criteria set forth in this subdivision.

(e)Has an engine displacement equal to or less than 1,000cc (61 ci).

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.