Bill Text: IA SSB3192 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the operation of all=terrain vehicles on highways, and making penalties applicable.
Spectrum: Unknown
Status: (N/A - Dead) 0000-00-00 - In Transportation [SSB3192 Detail]
Download: Iowa-2013-SSB3192-Introduced.html
Senate
Study
Bill
3192
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BOWMAN)
A
BILL
FOR
An
Act
relating
to
the
operation
of
all-terrain
vehicles
on
1
highways,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6152SC
(3)
85
dea/nh
S.F.
_____
Section
1.
Section
321.1,
subsection
32,
Code
2014,
is
1
amended
to
read
as
follows:
2
32.
“Implement
of
husbandry”
means
a
vehicle
or
special
3
mobile
equipment
manufactured,
designed,
or
reconstructed
4
for
agricultural
purposes
and,
except
for
incidental
uses,
5
exclusively
used
in
the
conduct
of
agricultural
operations.
6
“Implements
of
husbandry”
includes
all-terrain
vehicles
operated
7
in
compliance
with
section
321.234A,
subsection
1
,
paragraph
8
“a”
,
subparagraph
(1),
fence-line
feeders,
and
vehicles
used
9
exclusively
for
the
application
of
organic
or
inorganic
plant
10
food
materials,
organic
agricultural
limestone,
or
agricultural
11
chemicals.
To
be
considered
an
implement
of
husbandry,
a
12
self-propelled
implement
of
husbandry
must
be
operated
at
13
speeds
of
thirty-five
miles
per
hour
or
less.
14
a.
“Reconstructed”
as
used
in
this
subsection
means
15
materially
altered
from
the
original
construction
by
the
16
removal,
addition,
or
substitution
of
essential
parts,
new
or
17
used.
18
b.
A
vehicle
covered
under
this
subsection
,
if
it
otherwise
19
qualifies,
may
be
operated
as
special
mobile
equipment
20
and
under
such
circumstances
this
subsection
shall
not
be
21
applicable
to
such
vehicle,
and
such
vehicle
shall
not
be
22
required
to
comply
with
sections
321.384
through
321.423
,
when
23
such
vehicle
is
moved
during
daylight
hours;
however,
the
24
provisions
of
section
321.383
shall
remain
applicable
to
such
25
vehicle.
26
Sec.
2.
Section
321.1,
subsection
47A,
Code
2014,
is
amended
27
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
28
following:
29
47A.
“Off-road
utility
vehicle”
means
as
defined
in
section
30
321I.1,
but
does
not
include
vehicles
with
rubberized
tracks.
31
“Off-road
utility
vehicle”
does
not
include
dune
buggies,
golf
32
carts,
go-carts,
or
minitrucks.
33
Sec.
3.
Section
321.234A,
Code
2014,
is
amended
to
read
as
34
follows:
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321.234A
All-terrain
vehicles
——
highway
use.
1
An
all-terrain
vehicle
shall
not
be
operated
on
a
highway
2
except
as
provided
in
this
section.
3
1.
a.
All-terrain
vehicles
shall
not
An
all-terrain
vehicle
4
may
be
operated
on
a
highway
unless
if
one
or
more
of
the
5
following
conditions
apply:
6
a.
(1)
The
operation
is
between
sunrise
and
sunset
and
7
is
incidental
to
the
vehicle’s
use
for
agricultural
purposes.
8
For
purposes
of
this
paragraph
subparagraph
,
“incidental
to
the
9
vehicle’s
use
for
agricultural
purposes”
includes
stopping
in
the
10
course
of
agricultural
use
to
obtain
fuel
for
the
all-terrain
11
vehicle
or
to
obtain
food
or
a
nonalcoholic
beverage
for
the
12
operator.
13
b.
(2)
The
operation
is
incidental
to
the
vehicle’s
use
14
for
the
purpose
of
surveying
by
a
licensed
engineer
or
land
15
surveyor.
16
c.
(3)
The
all-terrain
vehicle
is
operated
by
an
employee
17
or
agent
of
a
political
subdivision
or
public
utility
for
the
18
purpose
of
construction
or
maintenance
on
or
adjacent
to
the
19
highway.
20
d.
(4)
The
all-terrain
vehicle
is
operated
by
an
employee
21
or
agent
of
a
public
agency
as
defined
in
section
34.1
for
the
22
purpose
of
providing
emergency
services
or
rescue.
23
e.
(5)
The
all-terrain
vehicle
is
operated
for
the
purpose
24
of
mowing,
installing
approved
trail
signs,
or
providing
25
maintenance
on
a
snowmobile
or
all-terrain
vehicle
trail
26
designated
by
the
department
of
natural
resources.
27
f.
The
all-terrain
vehicle
is
operated
on
a
county
roadway
28
in
accordance
with
section
321I.10,
subsection
2
,
or
a
city
29
street
in
accordance
with
section
321I.10,
subsection
3
.
30
2.
b.
A
person
operating
an
all-terrain
vehicle
on
a
31
highway
under
this
subsection
shall
have
a
valid
driver’s
32
license
and
the
vehicle
shall
be
operated
at
speeds
of
33
thirty-five
miles
per
hour
or
less
.
34
2.
a.
An
all-terrain
vehicle
that
is
designed
to
travel
on
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four
or
more
wheels
and
is
registered
under
chapter
321I
may
be
1
operated
on
a
highway
as
follows:
2
(1)
An
all-terrain
vehicle
may
be
operated
on
secondary
3
roads
unless
the
county
has
adopted
an
ordinance
prohibiting
4
such
operation
pursuant
to
section
321.236,
subsection
14B.
5
(2)
A
person
shall
not
operate
an
all-terrain
vehicle
on
a
6
primary
highway
except
to
cross
a
primary
highway;
however,
the
7
provisions
of
section
321I.10
govern
the
crossing
of
a
primary
8
highway
when
the
all-terrain
vehicle
is
being
operated
on
a
9
designated
all-terrain
vehicle
trail.
10
(3)
A
person
shall
not
operate
an
all-terrain
vehicle
on
11
a
highway
within
the
corporate
limits
of
a
city
except
on
12
a
nonprimary
highway
where
such
operation
is
authorized
by
13
ordinance
pursuant
to
section
321.236,
subsection
14A.
14
b.
The
motor
vehicle
laws,
including
but
not
limited
to
15
the
provisions
of
sections
321.20B,
321.285,
321.317,
321.385,
16
and
321.387,
apply
to
the
operation
of
all-terrain
vehicles
on
17
highways
under
this
subsection,
except
for
those
provisions
18
relating
to
required
equipment
which
by
their
nature
can
have
19
no
practical
application.
20
c.
A
person
shall
not
operate
an
all-terrain
vehicle
on
21
a
highway
under
this
subsection
unless
the
person
is
sixteen
22
years
of
age
or
older
and
possesses
a
valid
driver’s
license
23
other
than
a
license
valid
only
for
the
operation
of
a
24
motorized
bicycle.
25
3.
An
all-terrain
vehicle
shall
not
be
operated
on
a
highway
26
at
a
speed
exceeding
thirty-five
miles
per
hour.
27
3.
4.
An
all-terrain
vehicle
that
is
owned
by
the
owner
28
of
land
adjacent
to
a
highway,
other
than
an
interstate
road,
29
may
be
operated
by
the
owner
of
the
all-terrain
vehicle,
or
by
30
a
member
of
the
owner’s
family,
on
the
portion
of
the
highway
31
right-of-way
that
is
between
the
shoulder
of
the
roadway,
or
at
32
least
five
feet
from
the
edge
of
the
roadway,
and
the
owner’s
33
property
line.
A
person
operating
an
all-terrain
vehicle
34
within
the
highway
right-of-way
under
this
subsection
shall
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_____
comply
with
the
registration,
safety,
and
age
requirements
1
under
chapter
321I
.
2
4.
5.
A
person
convicted
of
a
violation
of
this
section
3
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
4
violation
under
section
805.8A,
subsection
3
.
5
Sec.
4.
Section
321.236,
Code
2014,
is
amended
by
adding
the
6
following
new
subsections:
7
NEW
SUBSECTION
.
14A.
Authorizing
the
operation
of
8
all-terrain
vehicles
on
highways
under
the
jurisdiction
of
a
9
city,
other
than
municipal
extensions
of
primary
highways,
in
10
accordance
with
section
321.234A,
subsection
2.
11
NEW
SUBSECTION
.
14B.
Prohibiting
the
operation
of
12
all-terrain
vehicles
on
secondary
roads
under
the
jurisdiction
13
of
a
county,
in
accordance
with
section
321.234A,
subsection
2.
14
Sec.
5.
Section
321I.9,
unnumbered
paragraph
1,
Code
2014,
15
is
amended
to
read
as
follows:
16
Registration
under
this
chapter
shall
not
be
required
for
17
the
following
described
all-terrain
vehicles:
18
Sec.
6.
Section
321I.9,
subsection
2,
Code
2014,
is
amended
19
to
read
as
follows:
20
2.
All-terrain
vehicles
used
in
accordance
with
section
21
321.234A,
subsection
1
,
paragraph
“a”
,
subparagraph
(1)
.
22
Sec.
7.
Section
321I.10,
subsections
2
and
3,
Code
2014,
are
23
amended
by
striking
the
subsections.
24
Sec.
8.
Section
321I.31,
subsection
1,
Code
2014,
is
amended
25
to
read
as
follows:
26
1.
The
owner
of
an
all-terrain
vehicle
acquired
on
or
27
after
January
1,
2000,
other
than
an
all-terrain
vehicle
used
28
exclusively
as
a
farm
implement
or
a
motorcycle
previously
29
issued
a
title
pursuant
to
chapter
321
,
shall
apply
to
the
30
county
recorder
of
the
county
in
which
the
owner
resides
for
a
31
certificate
of
title
for
the
all-terrain
vehicle.
The
owner
32
of
an
all-terrain
vehicle
used
exclusively
as
a
farm
implement
33
may
obtain
a
certificate
of
title.
A
person
who
owns
an
34
all-terrain
vehicle
that
is
not
required
to
have
a
certificate
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of
title
may
apply
for
and
receive
a
certificate
of
title
for
1
the
all-terrain
vehicle
and,
subsequently,
the
all-terrain
2
vehicle
shall
be
subject
to
the
requirements
of
this
chapter
3
as
if
the
all-terrain
vehicle
were
required
to
be
titled.
All
4
all-terrain
vehicles
that
are
titled
shall
be
registered
under
5
this
chapter
.
6
Sec.
9.
Section
331.362,
subsection
9,
Code
2014,
is
amended
7
to
read
as
follows:
8
9.
A
county
may
regulate
traffic
on
and
use
of
the
secondary
9
roads,
in
accordance
with
sections
321.236
to
321.250
,
321.254
,
10
321.255
,
321.285,
subsection
4
,
sections
321.352
,
321.471
11
to
321.473
,
and
other
applicable
provisions
of
chapter
321
,
12
chapter
321E
,
and
sections
321G.9
,
321I.10
,
and
327G.15
.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
provides
for
expanded
highway
use
of
all-terrain
17
vehicles.
18
Currently,
the
operation
of
all-terrain
vehicles
on
highways
19
is
permitted
if
the
operation
is
between
sunrise
and
sunset
and
20
is
incidental
to
the
vehicle’s
use
for
agricultural
purposes;
21
if
the
operation
is
incidental
to
land
surveying;
if
the
22
operation
is
by
an
employee
or
agent
of
a
political
subdivision
23
or
public
utility
for
the
purpose
of
construction
or
24
maintenance
on
or
adjacent
to
the
highway;
or
if
the
operation
25
is
for
the
purpose
of
mowing,
installing
approved
trail
26
signs,
or
providing
maintenance
on
a
designated
snowmobile
27
or
all-terrain
vehicle
trail.
The
operator
is
required
to
28
have
a
valid
driver’s
license,
and
a
35-mile-per-hour
speed
29
restriction
applies.
These
provisions
for
the
operation
of
30
all-terrain
vehicles
on
a
highway
for
limited
purposes
are
not
31
changed
under
the
bill.
32
The
bill
provides
that
an
all-terrain
vehicle
designed
to
33
travel
on
four
or
more
wheels
may
be
operated
on
secondary
34
roads,
but
not
on
primary
highways,
except
to
cross
over
a
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primary
highway,
and
not
on
highways
within
the
corporate
1
limits
of
a
city
except
where
all-terrain
vehicles
are
2
permitted
by
ordinance.
A
county
may,
by
ordinance,
prohibit
3
the
use
of
all-terrain
vehicles
on
county
roads,
and
a
city
may
4
authorize
the
operation
of
all-terrain
vehicles
on
highways
5
under
the
city’s
jurisdiction
other
than
municipal
extensions
6
of
primary
highways.
The
bill
strikes
current
provisions
in
7
Code
chapter
321I
that
allow
cities
and
counties
to
designate
8
roads
under
their
jurisdiction
for
the
operation
of
all-terrain
9
vehicles.
10
The
bill
states
that
a
person
who
operates
an
all-terrain
11
vehicle
on
a
highway
under
the
new
provisions
must
be
at
12
least
16
years
of
age
and
have
a
valid
driver’s
license
other
13
than
a
license
valid
only
for
the
operation
of
a
motorized
14
bicycle.
The
all-terrain
vehicle
must
be
registered
with
the
15
department
of
natural
resources.
Iowa
motor
vehicle
laws
apply
16
to
the
operation
of
all-terrain
vehicles
on
highways
except
17
those
equipment
provisions
which
by
their
nature
can
have
no
18
practical
application.
The
bill
specifies
that
the
operator
19
of
an
all-terrain
vehicle
must
carry
proof
of
motor
vehicle
20
financial
liability
coverage,
and
the
all-terrain
vehicle
must
21
meet
requirements
for
headlamps,
rear
lamps,
and
turn
signals.
22
Current
speed
limits
apply
to
all-terrain
vehicles
operated
23
on
a
highway,
except
that
an
all-terrain
vehicle
may
not
be
24
operated
at
a
speed
exceeding
35
miles
per
hour.
25
Pursuant
to
current
law,
a
violation
of
restrictions
on
the
26
operation
of
all-terrain
vehicles
on
a
highway
is
a
simple
27
misdemeanor
punishable
by
a
scheduled
fine
of
$50.
28
The
definition
of
“all-terrain
vehicle”,
for
purposes
of
29
Code
chapter
321,
includes
off-road
utility
vehicles.
The
30
bill
revises
the
definition
of
“off-road
utility
vehicle”,
31
for
purposes
of
Code
chapter
321,
to
match
the
definition
32
under
Code
chapter
321I,
which
encompasses
larger
vehicles.
33
However,
the
bill
specifies
that
for
purposes
of
Code
chapter
34
321,
“off-road
utility
vehicle”
does
not
include
vehicles
with
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