SENATE FILE 307

BY  FEENSTRA

A BILL FOR

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

   Section 1.  Section 321.1, subsection 32, Code 2011, is amended to read as follows:
   32.  “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 3, paragraph “a”, 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.
   A vehicle covered under this subsection, if it otherwise qualifies, may be operated as special mobile equipment and under such circumstances this subsection shall not be applicable to such vehicle, and such vehicle shall not be required to comply with sections 321.384 through 321.423, when such vehicle is moved during daylight hours; however, the provisions of section 321.383 shall remain applicable to such vehicle.
   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:
   1.  Except as otherwise provided in chapter 321I, a person who operates an all-terrain vehicle on a highway is subject to the safety, education, and registration requirements of chapter 321I.
   2.  Except as otherwise provided in this section, a person shall not operate an all-terrain vehicle on a highway unless the all-terrain vehicle is equipped as follows:
   a.  With rear lamps and brake lights as described in sections 321.387 and 321.404.
   b.  With two headlamps that comply with the requirements of this chapter.
   c.  With directional signal devices or lights as described in section 321.317.
   d.  With a horn as described in section 321.432.
   e.  With a bicycle safety flag.
   3.  Subsection 2 does not apply to the operation of an all-terrain vehicle if any 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 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.  4.  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.  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, but is not subject to the equipment requirements of subsection 2 or the licensing requirements of subsection 4.
   6.  A person shall not operate an all-terrain vehicle on an interstate highway.
   7.  This section does not apply to the lawful operation of an all-terrain vehicle on a trail crossing as provided under section 321I.10.
   4.  8.  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 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. 4.  Section 321I.9, subsection 2, Code 2011, is amended to read as follows:
   2.  All-terrain vehicles used in accordance with section 321.234A, subsection 1 3, paragraph “a”.
   Sec. 5.  Section 321I.10, subsection 2, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  A person may operate an all-terrain vehicle on a highway for the purpose of crossing the highway if the operation is within a trail crossing which is part of an all-terrain vehicle trail designated by the department, a county, or a city.
   Sec. 6.  Section 321I.10, subsection 3, Code 2011, is amended by striking the subsection.
EXPLANATION
   This bill allows the operation of all-terrain vehicles on noninterstate highways provided certain requirements are met.
   The bill provides that a person who operates an all-terrain vehicle on a highway is subject to the safety, education, and registration requirements of Code chapter 321I, which provides for the regulation of all-terrain vehicles by the department of natural resources. However, certain all-terrain vehicles are exempt from the registration requirements, including vehicles used as farm implements and vehicles operated between sunrise and sunset for agricultural purposes.
   The bill requires that an all-terrain vehicle operated on a highway must be equipped with headlamps which may be modulating headlamps similar to motorcycle headlamps, rear lamps, brake lights, turn signals, a horn, and a bicycle safety flag. However, the equipment requirements for operation on a highway do not apply for all-terrain vehicle operation on a highway as permitted under current law, which are the following: operation of an all-terrain vehicle between the hours of sunrise and sunset if the operation is incidental to the vehicle’s use for agricultural purposes; operation by a licensed engineer or land surveyor for purposes of land surveying; operation 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; operation by an employee or agent of a public agency for purposes of providing emergency services or rescue; and operation for the purpose of mowing, installing trail signs, or providing maintenance on a snowmobile or all-terrain vehicle trail designated by the department of natural resources.
   The bill requires a person operating an all-terrain vehicle on a highway to have a valid driver’s license and to operate at speeds of 35 miles per hour or less.
   The bill does not affect current provisions relating to the operation of a landowner’s all-terrain vehicle within the highway right-of-way between the shoulder of the roadway and the landowner’s property line.
   The bill contains provisions to allow a person on an all-terrain vehicle to cross a highway if the crossing is made within a trail crossing that is part of an all-terrain vehicle trail designated by the department of natural resources, a county, or a city. The equipment and licensing requirements of the bill do not apply for an all-terrain vehicle used within a trail crossing.
   The bill strikes current provisions in Code section 321I.10 which provide for limited use of certain streets or highways by all-terrain vehicle operators as authorized by a city or county.
   Pursuant to current law, a violation of provisions relating to operation of an all-terrain vehicle on a highway is a simple misdemeanor, punishable by a scheduled fine of $50.