Senate File 2063 - Introduced SENATE FILE 2063 BY KETTERING A BILL FOR An Act relating to the operation of certain all-terrain 1 vehicles on streets and highways upon registration with the 2 department of transportation, providing a registration fee, 3 and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5521SS (5) 84 dea/nh
S.F. 2063 Section 1. Section 321.1, subsections 4 and 32, Code 1 Supplement 2011, are amended to read as follows: 2 4. “All-terrain vehicle” means a motor vehicle designed 3 to travel on three or more wheels and designed primarily for 4 off-road recreational use. “All-terrain vehicle” includes 5 off-road utility vehicles as defined in section 321I.1 , but 6 does not include farm tractors or equipment, construction 7 equipment, forestry vehicles, or lawn and grounds maintenance 8 vehicles. 9 32. “Implement of husbandry” means a vehicle or special 10 mobile equipment manufactured, designed, or reconstructed 11 for agricultural purposes and, except for incidental uses, 12 exclusively used in the conduct of agricultural operations. 13 “Implements of husbandry” includes all-terrain vehicles operated 14 in compliance with section 321.234A, subsection 1 , paragraph 15 “a” , but not registered for operation upon a highway pursuant 16 to section 321.118; fence-line feeders , ; and vehicles used 17 exclusively for the application of organic or inorganic plant 18 food materials, organic agricultural limestone, or agricultural 19 chemicals. To be considered an implement of husbandry, a 20 self-propelled implement of husbandry must be operated at 21 speeds of thirty-five miles per hour or less. 22 a. “Reconstructed” , as used in this subsection , means 23 materially altered from the original construction by the 24 removal, addition, or substitution of essential parts, new or 25 used. 26 b. A vehicle covered under this subsection , if it otherwise 27 qualifies, may be operated as special mobile equipment 28 and under such circumstances this subsection shall not be 29 applicable to such vehicle, and such vehicle shall not be 30 required to comply with sections 321.384 through 321.423 , when 31 such vehicle is moved during daylight hours; however, the 32 provisions of section 321.383 shall remain applicable to such 33 vehicle. 34 Sec. 2. Section 321.1, Code Supplement 2011, is amended by 35 -1- LSB 5521SS (5) 84 dea/nh 1/ 7
S.F. 2063 adding the following new subsection: 1 NEW SUBSECTION . 47A. “Off-road utility vehicle” means as 2 defined in section 321I.1, subsection 16, paragraph “a” . 3 Sec. 3. Section 321.20, subsection 1, paragraph e, Code 4 2011, is amended to read as follows: 5 e. The amount of the fee for new registration to be paid 6 under section 321.105A , the amount of tax to be paid under 7 section 423.26, subsection 1, or the amount of tax to be paid 8 under section 423.26A , or the amount of sales tax paid under 9 section 423.2 . 10 Sec. 4. Section 321.105A, subsection 2, paragraph c, 11 Code Supplement 2011, is amended by adding the following new 12 subparagraph: 13 NEW SUBPARAGRAPH . (31) All-terrain vehicles, if the owner 14 paid the sales tax required under section 423.2 at the time the 15 vehicle was purchased. 16 Sec. 5. NEW SECTION . 321.118 All-terrain vehicles. 17 An all-terrain vehicle with four or more wheels and a 18 combustion engine having a piston or rotor displacement of two 19 hundred centimeters or more may be titled and registered under 20 this chapter for operation on streets or highways for an annual 21 fee of twenty dollars. 22 Sec. 6. Section 321.166, subsection 1, paragraph a, Code 23 2011, is amended to read as follows: 24 a. Registration plates shall be of metal and of a size not 25 to exceed six inches by twelve inches, except that the size 26 of plates issued for use on all-terrain vehicles, motorized 27 bicycles, motorcycles, motorcycle trailers, and trailers 28 with an empty weight of two thousand pounds or less shall be 29 established by the department. 30 Sec. 7. Section 321.166, subsection 4, Code 2011, is amended 31 to read as follows: 32 4. The registration plate number, except on all-terrain 33 vehicles, motorized bicycles, motorcycles, motorcycle trailers, 34 and trailers with an empty weight of two thousand pounds 35 -2- LSB 5521SS (5) 84 dea/nh 2/ 7
S.F. 2063 or less, shall be of sufficient size to be readable from a 1 distance of one hundred feet during daylight. 2 Sec. 8. Section 321.234A, Code 2011, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 5. The provisions of this section do 5 not apply to an all-terrain vehicle operated on a highway in 6 accordance with section 321.234B. 7 Sec. 9. NEW SECTION . 321.234B Registered all-terrain 8 vehicles —— penalty. 9 1. An all-terrain vehicle which is registered under this 10 chapter may be operated by a person with a valid driver’s 11 license on a highway other than an interstate highway. 12 2. The motor vehicle laws apply to the operation of 13 all-terrain vehicles registered for operation on highways, 14 except for those provisions relating to required equipment 15 which by their nature can have no practical application. 16 3. An all-terrain vehicle registered under this chapter 17 and operated on a highway shall be equipped with headlights, 18 taillights, turn signals, a rearview mirror, and safety belts. 19 4. A person convicted of a violation of a provision of 20 this section is guilty of a simple misdemeanor punishable as a 21 scheduled violation under section 805.8A, subsection 3. 22 Sec. 10. Section 321I.1, subsection 16, paragraph b, Code 23 2011, is amended to read as follows: 24 b. An owner of an off-road utility vehicle may register 25 or title an off-road utility vehicle in order to legally 26 operate the off-road vehicle on public ice, a designated 27 riding area, or a designated riding trail. The operator of an 28 off-road utility vehicle is subject to provisions governing 29 the operation of all-terrain vehicles in section 321.234A and 30 this chapter , but is exempt from the safety instruction and 31 certification program requirements of sections 321I.25 and 32 321I.26 . An operator of an off-road utility vehicle shall not 33 operate the vehicle on a designated riding area or designated 34 riding trail unless the department has posted signage 35 -3- LSB 5521SS (5) 84 dea/nh 3/ 7
S.F. 2063 indicating the riding area or trail is open to the operation 1 of off-road utility vehicles. Off-road utility vehicles are 2 exempt from the dealer registration and titling requirements 3 of this chapter . A motorized vehicle that was previously 4 titled or is currently titled under chapter 321 , except section 5 321.118, shall not be registered or operated as an off-road 6 utility vehicle under this chapter . 7 Sec. 11. Section 321I.9, unnumbered paragraph 1, Code 2011, 8 is amended to read as follows: 9 Registration under this chapter shall not be required for 10 the following described all-terrain vehicles: 11 Sec. 12. Section 321I.9, Code 2011, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 4. All-terrain vehicles registered under 14 chapter 321 and used in accordance with section 321.234B. 15 Sec. 13. Section 321I.10, subsections 1, 2, and 3, Code 16 2011, are amended to read as follows: 17 1. A person shall not operate an all-terrain vehicle or 18 off-road utility vehicle upon roadways or highways except as 19 provided in section 321.234A , 321.234B, and this section . 20 2. A registered An all-terrain vehicle or off-road utility 21 vehicle registered under this chapter may be operated on 22 the roadways of that portion of county highways designated 23 by the county board of supervisors for such use during a 24 specified period. The county board of supervisors shall 25 evaluate the traffic conditions on all county highways and 26 designate roadways on which all-terrain vehicles or off-road 27 utility vehicles may be operated for the specified period 28 without unduly interfering with or constituting an undue 29 hazard to conventional motor vehicle traffic. In designating 30 such roadways, the board may authorize all-terrain vehicles 31 and off-road utility vehicles to stop at service stations or 32 convenience stores along a designated roadway. 33 3. Cities may designate streets under the jurisdiction of 34 cities within their respective corporate limits which may be 35 -4- LSB 5521SS (5) 84 dea/nh 4/ 7
S.F. 2063 used for the operation of registered all-terrain vehicles or 1 registered off-road utility vehicles under this chapter . In 2 designating such streets, the city may authorize all-terrain 3 vehicles and off-road utility vehicles to stop at service 4 stations or convenience stores along a designated street. 5 Sec. 14. Section 321I.31, subsection 1, Code 2011, is 6 amended to read as follows: 7 1. The owner of an all-terrain vehicle acquired on or 8 after January 1, 2000, other than an all-terrain vehicle used 9 exclusively as a farm implement , or a motorcycle previously 10 issued a title pursuant to chapter 321 , or an all-terrain 11 vehicle titled and registered in accordance with section 12 321.118, shall apply to the county recorder of the county in 13 which the owner resides for a certificate of title for the 14 all-terrain vehicle. The owner of an all-terrain vehicle 15 used exclusively as a farm implement may obtain a certificate 16 of title. A person who owns an all-terrain vehicle that is 17 not required to have a certificate of title may apply for and 18 receive a certificate of title for the all-terrain vehicle 19 and, subsequently, the all-terrain vehicle shall be subject to 20 the requirements of this chapter as if the all-terrain vehicle 21 were required to be titled. All all-terrain vehicles that 22 are titled under this chapter shall be registered under this 23 chapter . 24 Sec. 15. Section 805.8A, subsection 3, Code Supplement 25 2011, is amended by adding the following new paragraph: 26 NEW PARAGRAPH . 0b. Section 321.234B . . . . . . . . . . $ 50. 27 EXPLANATION 28 This bill provides for the registration of certain 29 all-terrain vehicles for operation on noninterstate highways. 30 Under the bill, all-terrain vehicles with four or more 31 wheels and a combustion engine having a piston or rotor 32 displacement of 200 centimeters or more may be titled and 33 registered with the department of transportation for operation 34 on streets or highways. The annual registration fee is $20. 35 -5- LSB 5521SS (5) 84 dea/nh 5/ 7
S.F. 2063 The provision applies to off-road utility vehicles, which for 1 purposes of motor vehicle regulation, are included in the 2 definition of “all-terrain vehicle”. Because all-terrain 3 vehicles are currently subject to sales tax, the bill provides 4 that the vehicles are exempt from the fee for new registration 5 imposed on vehicles subject to registration, so long as the 6 owner has paid the required sales tax at the time of purchase. 7 The bill states that a person must have a valid driver’s 8 license to operate a registered all-terrain vehicle on a 9 highway and that motor vehicle laws apply to the operation of 10 registered all-terrain vehicles except provisions relating to 11 required equipment which by their nature can have no practical 12 application. The bill requires a registered all-terrain 13 vehicle operated on a highway to be equipped with headlights, 14 taillights, turn signals, a rearview mirror, and safety 15 belts. A registered all-terrain vehicle may not be driven on 16 an interstate. A violation of these provisions is a simple 17 misdemeanor, punishable by a scheduled fine of $50. 18 Pursuant to Code section 321.234A, all-terrain vehicles are 19 currently permitted on highways for limited purposes, including 20 agricultural use, subject to specific restrictions. Those 21 existing provisions are not amended in the bill and continue to 22 apply to all-terrain vehicles which are not registered by the 23 department of transportation under the bill. 24 Under current law, all-terrain vehicles operated on public 25 land or ice or on designated riding areas or designated riding 26 trails are required to be registered with the department 27 of natural resources. All-terrain vehicles acquired after 28 January 1, 2000, other than those used exclusively as farm 29 implements, must also be titled by the department. The bill 30 provides an exception to that titling requirement for an 31 all-terrain vehicle titled and registered with the department 32 of transportation. However, under the bill, an all-terrain 33 vehicle which is titled and registered for highway operation 34 must still be registered separately with the department of 35 -6- LSB 5521SS (5) 84 dea/nh 6/ 7
S.F. 2063 natural resources for operation on public lands or ice or on 1 designated riding areas and designated riding trails. 2 Currently, local authorities are authorized to designate 3 streets and highways under their jurisdiction for the operation 4 of all-terrain vehicles registered with the department of 5 natural resources. That authority is retained under the bill. 6 -7- LSB 5521SS (5) 84 dea/nh 7/ 7