HOUSE FILE 2017

BY  WINDSCHITL

A BILL FOR

An Act relating to the operation of all-terrain vehicles on noninterstate highways and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, subsection 32, unnumbered paragraph 1, Code Supplement 2011, is amended to read as follows:
   “Implement of husbandry” means a vehicle or special mobile equipment manufactured, designed, or reconstructed for agricultural purposes and, except for incidental uses, exclusively used in the conduct of agricultural operations. “Implements of husbandry” includes all-terrain vehicles operated in compliance with section 321.234A, subsection 1, paragraph “a”
 
2, fence-line feeders, and vehicles used exclusively for the application of organic or inorganic plant food materials, organic agricultural limestone, or agricultural chemicals. To be considered an implement of husbandry, a self-propelled implement of husbandry must be operated at speeds of thirty-five miles per hour or less. “Reconstructed” as used in this subsection means materially altered from the original construction by the removal, addition, or substitution of essential parts, new or used.
    Sec. 2.  Section 321.234A, Code 2011, is amended to read as follows:
   321.234A  All-terrain vehicles —— highway use.
   1.  All-terrain vehicles shall not be operated on a highway unless one or more of the following conditions apply:
   a.  The operation is between sunrise and sunset and is incidental to the vehicle’s use for agricultural purposes. For purposes of this paragraph, “incidental to the vehicle’s use for agricultural purposes” includes stopping in the course of agricultural use to obtain fuel for the all-terrain vehicle or to obtain food or a nonalcoholic beverage for the operator.
 
Except as provided in subsection 2, a person shall not operate an all-terrain vehicle on a highway unless one or more of the following conditions apply:
   a.  The operation is between sunrise and sunset.
   b.  The operation is incidental to the vehicle’s use for the purpose of surveying by a licensed engineer or land surveyor.

   c.  The all-terrain vehicle is operated by an employee or agent of a political subdivision or public utility for the purpose of construction or maintenance on or adjacent to the highway.
   d.  The all-terrain vehicle is operated by an employee or agent of a public agency as defined in section 34.1 for the purpose of providing emergency services or rescue.
   e.  The all-terrain vehicle is operated for the purpose of mowing, installing approved trail signs, or providing maintenance on a snowmobile or all-terrain vehicle trail designated by the department of natural resources.
   f.  The all-terrain vehicle is operated on a county roadway in accordance with section 321I.10, subsection 2, or a city street in accordance with section 321I.10, subsection 3.
   2.  An all-terrain vehicle which is an implement of husbandry shall not be operated on a highway unless the operation is between sunrise and sunset and is incidental to the vehicle’s use for agricultural purposes. For purposes of this subsection, “incidental to the vehicle’s use for agricultural purposes” includes stopping in the course of agricultural use to obtain fuel for the all-terrain vehicle or to obtain food or a nonalcoholic beverage for the operator.
   2.

3.  A person operating an all-terrain vehicle on a highway shall have a valid driver’s license, and the vehicle shall be operated at speeds of thirty-five miles per hour or less.
   4.  A person shall not operate an all-terrain vehicle on an interstate highway.
   3.

5.  An all-terrain vehicle that is owned by the owner of land adjacent to a highway, other than an interstate road, may be operated by the owner of the all-terrain vehicle, or by a member of the owner’s family, on the portion of the highway right-of-way that is between the shoulder of the roadway, or at least five feet from the edge of the roadway, and the owner’s property line. A person operating an all-terrain vehicle within the highway right-of-way under this subsection shall comply with the registration, safety, and age requirements under chapter 321I.
   4.

6.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 3.
    Sec. 3.  Section 321I.9, subsection 2, Code 2011, is amended to read as follows:
   2.  All-terrain vehicles used
 
only in accordance with section 321.234A, subsection 1, paragraph “a”
 
or 2.
    Sec. 4.  Section 321I.10, subsections 2 and 3, Code 2011, are amended by striking the subsections.
    Sec. 5.  Section 331.362, subsection 9, Code 2011, is amended to read as follows:
   9.  A county may regulate traffic on and use of the secondary roads, in accordance with sections 321.236 to 321.250, 321.254, 321.255, 321.285, subsection 4, sections 321.352, 321.471 to 321.473, and other applicable provisions of chapter 321, and sections 321G.9, 321I.10, and 327G.15.
EXPLANATION
   This bill provides for the operation of all-terrain vehicles on highways, subject to certain restrictions.
   Under current law, all-terrain vehicles are registered by the department of natural resources for recreational use on public land or ice. In general, registered all-terrain vehicles may not be used on roadways or within a highway right-of-way, but a city or county has the authority to allow all-terrain vehicles on local roads under specified circumstances. All-terrain vehicles which are used for agricultural purposes are exempt from registration requirements and are permitted on highways between the hours of sunrise and sunset if the operation is incidental to the vehicle’s use for agricultural purposes, including stopping for fuel or for food or a beverage for the operator. In addition, all-terrain vehicles are permitted on a highway when operated for purposes of land surveying by a licensed engineer or land surveyor; by an employee or agent of a political subdivision or public utility for purposes of construction or maintenance adjacent to the highway; by an employee or agent of a public agency providing emergency rescue or services; and for mowing, installing signs, or providing maintenance on a designated snowmobile trail or all-terrain vehicle riding trail.
   The bill allows any person with a valid driver’s license to operate an all-terrain vehicle on a noninterstate highway between the hours of sunrise and sunset. The daytime restriction does not apply to highway use which is currently permitted for limited purposes. Current restrictions which apply to all-terrain vehicles used for agricultural purposes and considered implements of husbandry are not changed under the bill. 
   Pursuant to current law, a person who operates an all-terrain vehicle on a highway must have a valid driver’s license, and the vehicle must be operated at speeds of 35 miles per hour or less. Because an all-terrain vehicle is principally designed for use off the highway, and because of the 35 mile per hour speed restriction, an all-terrain vehicle is required to display a reflective device visible from the rear when operated on a highway, pursuant to current requirements for slow vehicles. A violation of restrictions on the operation of all-terrain vehicles on a highway is a simple misdemeanor, punishable by a scheduled fine of $50. Failure to display a reflective device is a simple misdemeanor punishable by a scheduled fine of $30.
   The bill provides that all-terrain vehicles which are used only on highways, and not on public lands, are not subject to registration by the department of natural resources. The bill strikes current provisions authorizing cities and counties to allow operation of all-terrain vehicles on local roads.