S.F. 307 Section 1. Section 321.1, subsection 32, Code 2011, 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 7 operated in compliance with section 321.234A, subsection 8 1 3 , paragraph “a” , 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. “Reconstructed” 14 as used in this subsection means materially altered from the 15 original construction by the removal, addition, or substitution 16 of essential parts, new or used. 17 A vehicle covered under this subsection , if it otherwise 18 qualifies, may be operated as special mobile equipment 19 and under such circumstances this subsection shall not be 20 applicable to such vehicle, and such vehicle shall not be 21 required to comply with sections 321.384 through 321.423 , when 22 such vehicle is moved during daylight hours; however, the 23 provisions of section 321.383 shall remain applicable to such 24 vehicle. 25 Sec. 2. Section 321.234A, Code 2011, is amended to read as 26 follows: 27 321.234A All-terrain vehicles —— highway use. 28 1. All-terrain vehicles shall not be operated on a highway 29 unless one or more of the following conditions apply: 30 1. Except as otherwise provided in chapter 321I, a person 31 who operates an all-terrain vehicle on a highway is subject to 32 the safety, education, and registration requirements of chapter 33 321I. 34 2. Except as otherwise provided in this section, a person 35 -1- LSB 2226XS (5) 84 dea/nh 1/ 5

S.F. 307 shall not operate an all-terrain vehicle on a highway unless 1 the all-terrain vehicle is equipped as follows: 2 a. With rear lamps and brake lights as described in sections 3 321.387 and 321.404. 4 b. With two headlamps that comply with the requirements of 5 this chapter. 6 c. With directional signal devices or lights as described 7 in section 321.317. 8 d. With a horn as described in section 321.432. 9 e. With a bicycle safety flag. 10 3. Subsection 2 does not apply to the operation of an 11 all-terrain vehicle if any of the following conditions apply: 12 a. The operation is between sunrise and sunset and is 13 incidental to the vehicle’s use for agricultural purposes. For 14 purposes of this paragraph, “incidental to the vehicle’s use 15 for agricultural purposes” includes stopping in the course of 16 agricultural use to obtain fuel for the all-terrain vehicle or 17 to obtain food or a nonalcoholic beverage for the operator. 18 b. The operation is incidental to the vehicle’s use for the 19 purpose of surveying by a licensed engineer or land surveyor. 20 c. The all-terrain vehicle is operated by an employee or 21 agent of a political subdivision or public utility for the 22 purpose of construction or maintenance on or adjacent to the 23 highway. 24 d. The all-terrain vehicle is operated by an employee or 25 agent of a public agency as defined in section 34.1 for the 26 purpose of providing emergency services or rescue. 27 e. The all-terrain vehicle is operated for the purpose 28 of mowing, installing approved trail signs, or providing 29 maintenance on a snowmobile or all-terrain vehicle trail 30 designated by the department of natural resources. 31 f. The all-terrain vehicle is operated on a county roadway 32 in accordance with section 321I.10, subsection 2 , or a city 33 street in accordance with section 321I.10, subsection 3 . 34 2. 4. A person operating an all-terrain vehicle on a 35 -2- LSB 2226XS (5) 84 dea/nh 2/ 5

S.F. 307 highway shall have a valid driver’s license and the vehicle 1 shall be operated at speeds of thirty-five miles per hour or 2 less. 3 3. 5. An all-terrain vehicle that is owned by the owner 4 of land adjacent to a highway, other than an interstate road, 5 may be operated by the owner of the all-terrain vehicle, or by 6 a member of the owner’s family, on the portion of the highway 7 right-of-way that is between the shoulder of the roadway, or at 8 least five feet from the edge of the roadway, and the owner’s 9 property line. A person operating an all-terrain vehicle 10 within the highway right-of-way under this subsection shall 11 comply with the registration, safety, and age requirements 12 under chapter 321I , but is not subject to the equipment 13 requirements of subsection 2 or the licensing requirements of 14 subsection 4 . 15 6. A person shall not operate an all-terrain vehicle on an 16 interstate highway. 17 7. This section does not apply to the lawful operation of 18 an all-terrain vehicle on a trail crossing as provided under 19 section 321I.10. 20 4. 8. A person convicted of a violation of this section 21 is guilty of a simple misdemeanor punishable as a scheduled 22 violation under section 805.8A, subsection 3 . 23 Sec. 3. Section 321.423, subsection 2, paragraph i, Code 24 2011, is amended to read as follows: 25 i. Modulating headlamps in conformance with 49 C.F.R. 26 § 571.108 S7.9.4. are permitted on a motorcycle or on an 27 all-terrain vehicle operated pursuant to section 321.234A . 28 Sec. 4. Section 321I.9, subsection 2, Code 2011, is amended 29 to read as follows: 30 2. All-terrain vehicles used in accordance with section 31 321.234A, subsection 1 3 , paragraph “a” . 32 Sec. 5. Section 321I.10, subsection 2, Code 2011, is amended 33 by striking the subsection and inserting in lieu thereof the 34 following: 35 -3- LSB 2226XS (5) 84 dea/nh 3/ 5

S.F. 307 2. A person may operate an all-terrain vehicle on a highway 1 for the purpose of crossing the highway if the operation is 2 within a trail crossing which is part of an all-terrain vehicle 3 trail designated by the department, a county, or a city. 4 Sec. 6. Section 321I.10, subsection 3, Code 2011, is amended 5 by striking the subsection. 6 EXPLANATION 7 This bill allows the operation of all-terrain vehicles on 8 noninterstate highways provided certain requirements are met. 9 The bill provides that a person who operates an all-terrain 10 vehicle on a highway is subject to the safety, education, and 11 registration requirements of Code chapter 321I, which provides 12 for the regulation of all-terrain vehicles by the department of 13 natural resources. However, certain all-terrain vehicles are 14 exempt from the registration requirements, including vehicles 15 used as farm implements and vehicles operated between sunrise 16 and sunset for agricultural purposes. 17 The bill requires that an all-terrain vehicle operated 18 on a highway must be equipped with headlamps which may be 19 modulating headlamps similar to motorcycle headlamps, rear 20 lamps, brake lights, turn signals, a horn, and a bicycle safety 21 flag. However, the equipment requirements for operation on 22 a highway do not apply for all-terrain vehicle operation 23 on a highway as permitted under current law, which are the 24 following: operation of an all-terrain vehicle between the 25 hours of sunrise and sunset if the operation is incidental 26 to the vehicle’s use for agricultural purposes; operation by 27 a licensed engineer or land surveyor for purposes of land 28 surveying; operation by an employee or agent of a political 29 subdivision or public utility for the purpose of construction 30 or maintenance on or adjacent to the highway; operation by an 31 employee or agent of a public agency for purposes of providing 32 emergency services or rescue; and operation for the purpose of 33 mowing, installing trail signs, or providing maintenance on 34 a snowmobile or all-terrain vehicle trail designated by the 35 -4- LSB 2226XS (5) 84 dea/nh 4/ 5

S.F. 307 department of natural resources. 1 The bill requires a person operating an all-terrain vehicle 2 on a highway to have a valid driver’s license and to operate at 3 speeds of 35 miles per hour or less. 4 The bill does not affect current provisions relating to 5 the operation of a landowner’s all-terrain vehicle within the 6 highway right-of-way between the shoulder of the roadway and 7 the landowner’s property line. 8 The bill contains provisions to allow a person on an 9 all-terrain vehicle to cross a highway if the crossing is made 10 within a trail crossing that is part of an all-terrain vehicle 11 trail designated by the department of natural resources, a 12 county, or a city. The equipment and licensing requirements of 13 the bill do not apply for an all-terrain vehicle used within 14 a trail crossing. 15 The bill strikes current provisions in Code section 321I.10 16 which provide for limited use of certain streets or highways 17 by all-terrain vehicle operators as authorized by a city or 18 county. 19 Pursuant to current law, a violation of provisions relating 20 to operation of an all-terrain vehicle on a highway is a simple 21 misdemeanor, punishable by a scheduled fine of $50. 22 -5- LSB 2226XS (5) 84 dea/nh 5/ 5