H.F. 2091 Section 1. Section 321.1, Code Supplement 2009, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 47A. “Off-road vehicle” means any 3 self-propelled vehicle designed to travel on two or more 4 wheels and designed primarily to be operated on land other 5 than a highway. “Off-road vehicle” includes but is not 6 limited to all-terrain vehicles, dune buggies, and any vehicle 7 whose manufacturer’s statement of origin or manufacturer’s 8 certificate of origin states that the vehicle is not for 9 highway use. 10 Sec. 2. Section 321.117, Code 2009, is amended to read as 11 follows: 12 321.117 Motorcycle, off-road vehicle, motorized 13 bicycle, ambulance, and hearse fees. 14 For all motorcycles the annual registration fee shall 15 be twenty dollars. For all motorized bicycles the annual 16 registration fee shall be seven dollars. When the motorcycle 17 is more than five model years old, the annual registration fee 18 shall be ten dollars. 19 1. The annual registration fee for a motorcycle is twenty 20 dollars. When the motorcycle is more than five model years 21 old, the fee is ten dollars. For purposes of registration 22 under this section, “motorcycle” includes an off-road vehicle as 23 provided in section 321.234A, subsection 4. 24 2. The annual registration fee for a motorized bicycle is 25 seven dollars. 26 3. The annual registration fee for ambulances and hearses 27 shall be is fifty dollars. Passenger car plates shall be 28 issued for ambulances and hearses. 29 Sec. 3. Section 321.234A, Code 2009, is amended to read as 30 follows: 31 321.234A All-terrain Off-road vehicles —— highway use. 32 1. All-terrain Except as provided in subsection 4, 33 off-road vehicles shall not be operated on a highway unless one 34 or more of the following conditions apply: 35 -1- LSB 5109HH (10) 83 dea/nh 1/ 6

H.F. 2091 a. The operation is between sunrise and sunset and is 1 incidental to the vehicle’s use for agricultural purposes. 2 b. The operation is incidental to the vehicle’s use for the 3 purpose of surveying by a licensed engineer or land surveyor. 4 c. The all-terrain off-road vehicle is operated by an 5 employee or agent of a political subdivision or public utility 6 for the purpose of construction or maintenance on or adjacent 7 to the highway. 8 d. The all-terrain off-road vehicle is operated by an 9 employee or agent of a public agency as defined in section 34.1 10 for the purpose of providing emergency services or rescue. 11 e. The all-terrain off-road vehicle is operated for 12 the purpose of mowing, installing approved trail signs, or 13 providing maintenance on a snowmobile trail or all-terrain 14 vehicle trail designated by the department of natural 15 resources. 16 2. A person operating an all-terrain off-road vehicle on a 17 highway shall have a valid driver’s license and the . Unless 18 registered pursuant to subsection 4, an off-road vehicle shall 19 be operated at speeds of thirty-five miles per hour or less. 20 3. An all-terrain off-road vehicle that is owned 21 by the owner of land adjacent to a highway, other than 22 an interstate road, may be operated by the owner of the 23 all-terrain off-road vehicle, or by a member of the owner’s 24 family, on the portion of the highway right-of-way that is 25 between the shoulder of the roadway, or at least five feet 26 from the edge of the roadway, and the owner’s property line. 27 A person operating an all-terrain off-road vehicle within the 28 highway right-of-way under this subsection shall comply with 29 the registration, safety, and age requirements under chapter 30 321I. 31 4. a. An all-terrain vehicle with four or more wheels and 32 a combustion engine having a piston or rotor displacement of 33 two hundred centimeters or more may be issued a certificate 34 of title under this chapter and registered as a motorcycle 35 -2- LSB 5109HH (10) 83 dea/nh 2/ 6

H.F. 2091 pursuant to section 321.117 to be operated on highways. An 1 all-terrain vehicle registered as a motorcycle is subject 2 to the lighting and equipment requirements applicable to 3 motorcycles under this chapter. 4 b. A person shall not operate an all-terrain vehicle 5 registered as a motorcycle on an interstate. 6 4. 5. A person convicted of a violation of this section 7 is guilty of a simple misdemeanor punishable as a scheduled 8 violation under section 805.8A, subsection 3, paragraph “f” . 9 Sec. 4. Section 321I.1, subsection 16, paragraph b, Code 10 Supplement 2009, is amended to read as follows: 11 b. An owner of an off-road utility vehicle may register 12 or title an off-road utility vehicle in order to legally 13 operate the off-road vehicle on public ice, a designated 14 riding area, or a designated riding trail. The operator of an 15 off-road utility vehicle is subject to provisions governing the 16 operation of all-terrain off-road vehicles in section 321.234A 17 and this chapter, but is exempt from the safety instruction 18 and certification program requirements of sections 321I.25 and 19 321I.26. An operator of an off-road utility vehicle shall not 20 operate the vehicle on a designated riding area or designated 21 riding trail unless the department has posted signage 22 indicating the riding area or trail is open to the operation 23 of off-road utility vehicles. Off-road utility vehicles are 24 exempt from the dealer registration and titling requirements 25 of this chapter. A motorized vehicle that was previously 26 titled or is currently titled under chapter 321 shall not be 27 registered or operated as an off-road utility vehicle. 28 Sec. 5. Section 321I.9, unnumbered paragraph 1, Code 2009, 29 is amended to read as follows: 30 Registration under this chapter shall not be required for 31 the following described all-terrain vehicles: 32 Sec. 6. Section 321I.9, Code 2009, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 4. All-terrain vehicles, as defined in 35 -3- LSB 5109HH (10) 83 dea/nh 3/ 6

H.F. 2091 section 321.1, which are titled and registered in accordance 1 with section 321.234A, subsection 4. 2 Sec. 7. Section 321I.31, subsection 1, Code 2009, is amended 3 to read as follows: 4 1. The owner of an all-terrain vehicle acquired on or 5 after January 1, 2000, other than an all-terrain vehicle used 6 exclusively as a farm implement or , an all-terrain vehicle 7 titled and registered in accordance with section 321.234A, 8 subsection 4, or a motorcycle previously issued a title 9 pursuant to chapter 321, shall apply to the county recorder 10 of the county in which the owner resides for a certificate of 11 title for the all-terrain vehicle. The owner of an all-terrain 12 vehicle used exclusively as a farm implement may obtain 13 a certificate of title. A person who owns an all-terrain 14 vehicle that is not required to have a certificate of title 15 may apply for and receive a certificate of title for the 16 all-terrain vehicle and, subsequently, the all-terrain vehicle 17 shall be subject to the requirements of this chapter as if 18 the all-terrain vehicle were required to be titled. All 19 all-terrain vehicles that are titled shall be registered. 20 EXPLANATION 21 This bill addresses a broad category of vehicles referred 22 to as “off-road” vehicles and provides for the operation of 23 certain off-road vehicles on noninterstate highways. 24 The bill defines “off-road vehicle” to mean any 25 self-propelled vehicle designed to travel on two or more wheels 26 and designed primarily to be operated on land other than a 27 highway. The definition includes all-terrain vehicles, dune 28 buggies, and any vehicle whose manufacturer’s statement of 29 origin or manufacturer’s certificate of origin states that the 30 vehicle is not for highway use. 31 Current Code provisions restricting the operation of 32 all-terrain vehicles on highways are revised to apply to all 33 vehicles meeting the definition of “off-road vehicle”. An 34 off-road vehicle may be operated on a highway at speeds of 35 -4- LSB 5109HH (10) 83 dea/nh 4/ 6

H.F. 2091 less than 35 miles per hour by a person with a valid driver’s 1 license as follows: between the hours of sunrise and sunset 2 when the operation is for agricultural purposes; by a licensed 3 engineer or land surveyor for the purpose of land surveying; by 4 an employee or agent of a political subdivision for the purpose 5 of construction or maintenance on or adjacent to a highway; 6 by an employee or agent of a public agency for the purpose of 7 providing emergency services or rescue; or for the purpose 8 of mowing, installing approved trail signs, or providing 9 maintenance on a snowmobile trail or all-terrain vehicle 10 trail designated by the department of natural resources. In 11 addition, the owner of an off-road vehicle who owns land 12 adjacent to a noninterstate highway may operate the off-road 13 vehicle on the right-of-way between the shoulder and the 14 owner’s property line. The operating privilege extends to 15 the property owner’s family members and is conditioned upon 16 compliance with the registration, safety, and age requirements 17 applicable for the operation of all-terrain vehicles on public 18 lands. 19 Under the bill, an off-road vehicle classified as an 20 all-terrain vehicle that has four or more wheels and a 21 combustion engine having a piston or rotor displacement of two 22 hundred centimeters or more may be issued a certificate of 23 title by the county treasurer and registered as a motorcycle 24 for operation on highways, subject to the lighting and 25 equipment requirements applicable to motorcycles. The annual 26 registration fee is $20, and when the vehicle is more than 27 five model years old, the fee is reduced to $10. Pursuant to 28 current law, a vehicle subject to registration is also subject 29 to a fee for new registration in the amount of five percent 30 of the purchase price, payable upon application for a new 31 registration and certificate of title. A person operating 32 any off-road vehicle on a highway is required to have a valid 33 driver’s license. The bill specifies that an all-terrain 34 vehicle registered as a motorcycle is not subject to the 35 -5- LSB 5109HH (10) 83 dea/nh 5/ 6

H.F. 2091 35-mile-per-hour speed limitation, but operation is restricted 1 to noninterstate highways. 2 The bill makes conforming amendments to provide that 3 an all-terrain vehicle that is titled and registered as a 4 motorcycle for operation on highways under Code chapter 321 5 is exempt from the registration requirements for all-terrain 6 vehicles and off-road utility vehicles administered by the 7 department of natural resources under Code chapter 321I. 8 A violation of provisions governing the operation of 9 off-road vehicles on a highway is a simple misdemeanor, 10 punishable by a scheduled fine of $50. 11 -6- LSB 5109HH (10) 83 dea/nh 6/ 6