Polaris RZRs have all but dominated the side-by-side scene. Now available in a true 4 seater.

In February 2013 a bill was introduced to the California State Senate to amend the state vehicle code. These amendments were geared toward Recreational Off-Highway Vehicles (ROV/side-by-sides). California SB 234 was split into two portions; CVC 38603 and 38604.

The portion of the bill with the highest industry impact is CVC 38603, which states that ROVs of model year 2014 and newer cannot have additional passenger seating installed to the vehicle, if it was not designed that way by the manufacturer. Additionally, it states that models 2013 and older, with seats not designed from the vehicle manufacturer are grandfathered in, providing the occupant “is fully contained inside the vehicle’s rollover protection”.

Many of the first side-by-sides were originally designed as work-horse utility vehicles with a small pickup-truck-style bed at the back. As the vehicles gained popularity for recreational use, rear bench seats were added to the truck bed for more passengers. The industry exploded with add-on products, including those specifically designed for adding these rear seats, as well as roll cage additions. California State officials saw the need to regulate the modifications of these vehicles for safety concerns, in the same way the Federal Government regulates DOT-approved vehicles for on-road use.

CVC38604 was aimed at ensuring every passenger has a sufficient “occupant handhold” within grasp while belted in the vehicle. The grab handle is regulated to not interfere with passengers exiting the vehicle. The bill also includes the technical jargon constituting what defines an “occupant handhold”. Grab handles are certainly important and should be in every off-road vehicle. Using the main tubes of a roll bar is a terrible idea and is a good way to lose fingers or damage a hand in the event of a rollover or crash.

Governor Brown signed the bill into law on August 27, 2013; the bill was effective immediately. This bill could very well have been written in a way that did not grandfather in existing vehicles with an aftermarket rear seat. Since it does, however, many consumers can breathe easy that their vehicle is still legal. For persons in the market for a brand new vehicle, many manufacturers are now producing four-seater ROVs.  

As this section of the off-road industry increases in popularity, expect more legislation governing the dos and don’ts. Stay active with your clubs and knowledgeable on concerns to help make the sport safer while keeping our trails open to the public. For more information, visit www.ohv.parks.ca.gov.  

California SB 234