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Senate File 283

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321G.1, Code 1995, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  6A.  "Freeway" means a highway constructed
  1  4 as a fully controlled access facility with no access to the
  1  5 facility except at established interchanges.
  1  6    NEW SUBSECTION.  8A.  "Median" means the portion of a
  1  7 divided highway separating opposing lanes of traffic.  Medians
  1  8 may be depressed, raised, or painted.
  1  9    Sec. 2.  Section 321G.8, subsection 5, Code 1995, is
  1 10 amended to read as follows:
  1 11    5.  All-terrain vehicles used in accordance with section
  1 12 321.234A only when operated on a highway between sunrise and
  1 13 sunset and the operation is incidental to the vehicle's use
  1 14 for agricultural purposes.
  1 15    Sec. 3.  Section 321G.9, unnumbered paragraph 1, Code 1995,
  1 16 is amended to read as follows:
  1 17    A person shall not operate an all-terrain vehicle or
  1 18 snowmobile upon roadways or highways, as defined in section
  1 19 321.1, except as provided in section 321.234A and this
  1 20 chapter.
  1 21    Sec. 4.  Section 321G.9, subsection 1, Code 1995, is
  1 22 amended to read as follows:
  1 23    1.  An all-terrain vehicle or snowmobile shall not be
  1 24 operated at any time within the right of way of any interstate
  1 25 highway or freeway or freeway ramp within this state except
  1 26 under either of the following circumstances:
  1 27    a.  As provided in section 321.234A.
  1 28    b.  When when using an underpass located on an interstate
  1 29 highway or a freeway if all of the following apply:
  1 30    (1) a.  The underpass has been abandoned and is no longer
  1 31 being used by motor vehicles or trains.
  1 32    (2) b.  Use of the underpass is the only alternative to the
  1 33 use of a traveled roadway.
  1 34    (3) c.  Notwithstanding the provisions of chapter 321, use
  1 35 of the underpass does not conflict with any rules or
  2  1 regulations adopted by a federal governmental entity or this
  2  2 state or a political subdivision of this state.
  2  3    Sec. 5.  Section 321G.9, subsection 3, Code 1995, is
  2  4 amended to read as follows:
  2  5    3.  An all-terrain vehicle or snowmobile shall not be
  2  6 operated on public highways under any of the following
  2  7 circumstances:
  2  8    a.  On the roadway portion of a highway and adjacent
  2  9 shoulder, or at least five feet on either side of the roadway,
  2 10 except as provided in subsection 4 of this section, and.
  2 11    b.  On limited access highways and approaches, and
  2 12    c. b.  For racing any moving object, and on a public
  2 13 highway.
  2 14    d. c.  Abreast with one or more other all-terrain vehicles
  2 15 or snowmobiles on a city highway.
  2 16    d.  In highway medians.
  2 17    Sec. 6.  Section 321G.9, subsection 6, Code 1995, is
  2 18 amended by adding the following new paragraph:
  2 19    NEW PARAGRAPH.  c.  A person operating an all-terrain
  2 20 vehicle pursuant to section 321G.8, subsection 5, shall have a
  2 21 valid all-terrain vehicle safety certificate as provided by
  2 22 this subsection or a valid motor vehicle license.  The vehicle
  2 23 shall be operated at speeds of less than thirty miles per
  2 24 hour.
  2 25    Sec. 7.  Section 321G.13, subsection 10, Code 1995, is
  2 26 amended to read as follows:
  2 27    10.  On public land without a measurable snow cover except
  2 28 as provided in section 321.234A this chapter or in specific
  2 29 areas permitted by the commission, such as "all-terrain
  2 30 vehicle parks" which are designated and intended for use with
  2 31 or without snow.
  2 32    Sec. 8.  REPEAL.  Section 321.234A, Code 1995, is repealed.  
  2 33                           EXPLANATION
  2 34    This bill concerns the operation of all-terrain vehicles
  2 35 and snowmobiles on roads.  The bill defines freeways and
  3  1 medians and provides that these vehicles cannot operate in
  3  2 medians or on freeways except under limited circumstances
  3  3 provided for by chapter 321G.  The bill restricts all-terrain
  3  4 vehicles from operating on freeways and restricts all-terrain
  3  5 vehicles and snowmobiles from operating in any median of a
  3  6 divided highway at any time.  The bill repeals section
  3  7 321.234A dealing with all-terrain vehicles and incorporates
  3  8 the provisions of that section within the chapter dealing
  3  9 exclusively with all-terrain vehicles and snowmobiles, chapter
  3 10 321G.
  3 11    A person who violates any provision of chapter 321G is
  3 12 guilty of a simple misdemeanor.  Violations of section 321G.9,
  3 13 subsections 1, 2, 3, 4, 5, and 7 are subject to a scheduled
  3 14 fine of $20.  
  3 15 LSB 1154SV 76
  3 16 ec/cf/24
     
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