HOUSE FILE 367

BY  CHAMBERS

A BILL FOR

An Act relating to the operation of all-terrain vehicles in cities of a certain size, providing registration fees, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321.20B, subsection 6, Code 2011, is amended to read as follows:
   6.  This section does not apply to a snowmobile or all-terrain vehicle, except an all-terrain vehicle operated as provided in section 321.234A, subsection 2, or to a motor vehicle identified in section 321.18, subsections 1 through 6, and subsection 8.
   Sec. 2.  Section 321.105A, subsection 2, paragraph c, Code 2011, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (31)  An all-terrain vehicle, if sales tax on the all-terrain vehicle was paid by the owner when the all-terrain vehicle was purchased.
   Sec. 3.  Section 321.109, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  The annual fee for all motor vehicles including vehicles designated by manufacturers as station wagons, 1993 and subsequent model year multipurpose vehicles, and 2010 and subsequent model year motor trucks with an unladen weight of ten thousand pounds or less, except motor trucks registered under section 321.122, business-trade trucks, special trucks, motor homes, ambulances, hearses, motorcycles, all-terrain vehicles, motorized bicycles, and 1992 and older model year multipurpose vehicles, shall be equal to one percent of the value as fixed by the department plus forty cents for each one hundred pounds or fraction thereof of weight of vehicle, as fixed by the department. The weight of a motor vehicle, fixed by the department for registration purposes, shall include the weight of a battery, heater, bumpers, spare tire, and wheel. Provided, however, that for any new vehicle purchased in this state by a nonresident for removal to the nonresident’s state of residence the purchaser may make application to the county treasurer in the county of purchase for a transit plate for which a fee of ten dollars shall be paid. And provided, however, that for any used vehicle held by a registered dealer and not currently registered in this state, or for any vehicle held by an individual and currently registered in this state, when purchased in this state by a nonresident for removal to the nonresident’s state of residence, the purchaser may make application to the county treasurer in the county of purchase for a transit plate for which a fee of three dollars shall be paid. The county treasurer shall issue a nontransferable certificate of registration for which no refund shall be allowed; and the transit plates shall be void thirty days after issuance. Such purchaser may apply for a certificate of title by surrendering the manufacturer’s or importer’s certificate or certificate of title, duly assigned as provided in this chapter. In this event, the treasurer in the county of purchase shall, when satisfied with the genuineness and regularity of the application, and upon payment of a fee of twenty dollars, issue a certificate of title in the name and address of the nonresident purchaser delivering the title to the owner. If there is a security interest noted on the title, the county treasurer shall mail to the secured party an acknowledgment of the notation of the security interest. The county treasurer shall not release a security interest that has been noted on a title issued to a nonresident purchaser as provided in this paragraph. The application requirements of section 321.20 apply to a title issued as provided in this subsection, except that a natural person who applies for a certificate of title shall provide either the person’s social security number, passport number, or driver’s license number, whether the license was issued by this state, another state, or another country. The provisions of this subsection relating to multipurpose vehicles are effective for all 1993 and subsequent model years. The annual registration fee for multipurpose vehicles that are 1992 model years and older shall be in accordance with section 321.124.
   Sec. 4.  Section 321.117, Code 2011, is amended to read as follows:
   321.117  Motorcycle, all-terrain vehicle, ambulance, and hearse fees.
   For all motorcycles the annual registration fee shall be is twenty dollars. For all motorized bicycles the annual registration fee shall be is seven dollars. When the a motorcycle is more than five model years old, the annual registration fee shall be is ten dollars.  The annual registration fee for all-terrain vehicles operated under section 321.234A, subsection 2, is twenty dollars. The annual registration fee for ambulances and hearses shall be is fifty dollars. Passenger car plates shall be issued for ambulances and hearses.
   Sec. 5.  Section 321.166, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  Registration plates shall be of metal and of a size not to exceed six inches by twelve inches, except that the size of plates issued for use on all-terrain vehicles operated under section 321.234A, subsection 2, motorized bicycles, motorcycles, motorcycle trailers, and trailers with an empty weight of two thousand pounds or less shall be established by the department.
   Sec. 6.  Section 321.166, subsections 3 and 4, Code 2011, are amended to read as follows:
   3.  The registration plate number shall be displayed in characters which shall not exceed a height of four inches nor a stroke width exceeding five-eighths of an inch. Special plates issued to dealers shall display the alphabetical character “D”, which shall be of the same size as the characters in the registration plate. The registration plate number issued for all-terrain vehicles operated under section 321.234A, subsection 2, motorized bicycles, motorcycles, trailers with an empty weight of two thousand pounds or less, and motorcycle trailers shall be a size prescribed by the department.
   4.  The registration plate number, except on all-terrain vehicles operated under section 321.234A, subsection 2, motorized bicycles, motorcycles, motorcycle trailers, and trailers with an empty weight of two thousand pounds or less, shall be of sufficient size to be readable from a distance of one hundred feet during daylight.
   Sec. 7.  Section 321.234A, Code 2011, is amended to read as follows:
   321.234A  All-terrain vehicles —— highway use —— operation in cities.
   1.  All-terrain vehicles Except as provided in subsection 2, an all-terrain vehicle 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.
   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 trail 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.
  a.  An all-terrain vehicle may be operated on a highway within a city with a population of ten thousand or less that has authorized such operation pursuant to section 321.246, provided all of the following conditions are met:
   (1)  The all-terrain vehicle is registered as a motor vehicle under this chapter and bears the license plates required under section 321.166.
   (2)  The operator of the all-terrain vehicle is at least eighteen years of age and possesses a valid driver’s license.
   (3)  The operator of the all-terrain vehicle is covered by an owner’s policy of liability insurance or other financial liability coverage, as defined in section 321.1, in effect for the all-terrain vehicle being operated.
   (4)  The all-terrain vehicle is equipped with rear lamps and brake lights as described in sections 321.387 and 321.404, directional signal devices or lights as described in section 321.317, and two headlamps that comply with the requirements of this chapter.
   b.  The motor vehicle laws and penalties applicable to motor vehicle operators apply to a person operating an all-terrain vehicle registered under this subsection, to the extent practically applicable. A violation of a provision of this subsection not otherwise punishable under this chapter is punishable as a scheduled violation as provided in subsection 5.
   c.  Registration and operation of an all-terrain vehicle under this subsection does not constitute an exemption from the provisions of chapter 321I.
   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.
   3.  4.  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.  5.  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. 8.  NEW SECTION.  321.246  All-terrain vehicle operation in cities.
   A city with a population of ten thousand or less may authorize and regulate the operation of all-terrain vehicles on streets and highways within the corporate limits of the city, subject to the provisions of section 321.234A, subsection 2, and consistent with the provisions of this chapter.
   Sec. 9.  Section 321.423, subsection 2, paragraph i, Code 2011, is amended to read as follows:
   i.  Modulating headlamps in conformance with 49 C.F.R. § 571.108 S7.9.4. are permitted on a motorcycle or on an all-terrain vehicle operated pursuant to section 321.234A.
   Sec. 10.  Section 321I.9, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Registration under this chapter shall not be required for the following described all-terrain vehicles:
   Sec. 11.  Section 321I.10, subsection 3, Code 2011, is amended to read as follows:
   3.  Cities A city with a population of more than ten thousand may designate streets under the jurisdiction of cities the city within their respective the city’s corporate limits which may be used for the operation of registered all-terrain vehicles or registered off-road utility vehicles. In designating such streets, the city may authorize all-terrain vehicles and off-road utility vehicles to stop at service stations or convenience stores along a designated street.
EXPLANATION
   This bill modifies the general prohibition on operation of all-terrain vehicles on public highways by allowing a city with a population of 10,000 or less to authorize and regulate the operation of all-terrain vehicles within its corporate limits. The person operating an all-terrain vehicle in such a city must be at least 18 years of age and licensed as a motor vehicle driver. The operator must be covered by liability insurance or other financial liability coverage in effect for the vehicle being operated.
   The all-terrain vehicle must be equipped with turn signals, headlamps, rear lamps, and brake lights. The headlamps may be modulating headlamps similar to those permitted on motorcycles. The vehicle is required to be registered as a motor vehicle under Code chapter 321. The all-terrain vehicle must display registration plates of a size and design to be established by the state department of transportation. The annual fee for registration of an all-terrain vehicle as a motor vehicle is $20.
   A person operating an all-terrain vehicle registered as a motor vehicle would be subject to the same laws and penalties, including scheduled fines, that apply to drivers of other motor vehicles. A violation of a provision of law uniquely applicable to an all-terrain vehicle registered as a motor vehicle, not otherwise punishable as a motor vehicle offense, would be a simple misdemeanor punishable by a scheduled fine of $50.
   Registration of an all-terrain vehicle for the purpose of operating it on city streets would not exempt the owner from the registration and regulation requirements administered by the department of natural resources.
   Under current law, counties and cities may designate streets under their respective jurisdictions for the operation of all-terrain vehicles registered by the department of natural resources. The bill retains that authority for counties, but modifies the authority for cities by limiting it to cities with a population of more than 10,000.
   All vehicles subject to registration are subject to a fee for new registration in an amount equal to 5 percent of the purchase price, which is due when the owner registers the vehicle for the first time. The amount is equivalent to the amount of sales tax which currently applies for all-terrain vehicles. The bill creates an exemption from the fee for new registration for an all-terrain vehicle being registered by the owner as a motor vehicle if the owner has already paid the sales tax for the vehicle.