Text: HF00099 Text: HF00101 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321G.1, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 9A. "Off-highway vehicle" means a motor 1 4 vehicle, as defined in section 321.1, which is designed to 1 5 travel on wheels or tracks in contact with the ground and 1 6 which is designed for and generally and commonly used to 1 7 transport persons for recreational purposes off of public 1 8 roadways. "Off-highway vehicle" does not include any of the 1 9 following: 1 10 a. A snowmobile. 1 11 b. An all-terrain vehicle. 1 12 c. A military vehicle. 1 13 Sec. 2. Section 321G.1, subsections 10 through 12, and 17, 1 14 Code 2001, are amended to read as follows: 1 15 10. "Operate" means to ride in or on, other than as a 1 16 passenger, use, or control the operation of an all-terrain 1 17 vehicle, off-highway vehicle, or snowmobile in any manner, 1 18 whether or not the all-terrain vehicle, off-highway vehicle, 1 19 or snowmobile is moving. 1 20 11. "Operator" means a person who operates or is in actual 1 21 physical control of an all-terrain vehicle, off-highway 1 22 vehicle, or snowmobile. 1 23 12. "Owner" means a person, other than a lienholder, 1 24 having the property right in or title to an all-terrain 1 25 vehicle, off-highway vehicle, or snowmobile. The term 1 26 includes a person entitled to the use or possession of an all- 1 27 terrain vehicle, off-highway vehicle, or snowmobile subject to 1 28 an interest in another person, reserved or created by 1 29 agreement and securing payment or performance of an 1 30 obligation, but the term excludes a lessee under a lease not 1 31 intended as security. 1 32 17. "Safety certificate" means an all-terrain vehicle or 1 33 snowmobile safety certificate issued by the commission to a 1 34 qualified applicant who is twelve years of age or more. 1 35 "Safety certificate" also means an off-highway vehicle safety 2 1 certificate issued by the commission to a qualified applicant. 2 2 Sec. 3. Section 321G.2, Code 2001, is amended to read as 2 3 follows: 2 4 321G.2 RULES. 2 5 The commission may adopt rules for the following purposes: 2 6 1. Registration of all-terrain vehicles, off-highway 2 7 vehicles, and snowmobiles. 2 8 2. Use of all-terrain vehicles, off-highway vehicles, and 2 9 snowmobiles as far as game and fish resources or habitats are 2 10 affected. 2 11 3. Use of all-terrain vehicles, off-highway vehicles, and 2 12 snowmobiles on public lands under the jurisdiction of the 2 13 commission. 2 14 4. Use of all-terrain vehicles, off-highway vehicles, and 2 15 snowmobiles on any waters of the state under the jurisdiction 2 16 of the commission, while the waters are frozen. 2 17 5. Establish a program of grants, subgrants, and contracts 2 18 to be administered by the department for the development and 2 19 delivery of certified courses of instruction for the safe use 2 20 and operation of all-terrain vehicles, off-highway vehicles, 2 21 and snowmobiles by political subdivisions and incorporated 2 22 private organizations. 2 23 6. Issuance of safety certificates. 2 24 7. Issuance of competition registrations and the 2 25 participation of all-terrain vehicles, off-highway vehicles, 2 26 and snowmobiles so registered in special events. 2 27 8. Equipment and operation requirements, including the use 2 28 of safety belts and harnesses, for off-highway vehicles that 2 29 are registered and titled as motor vehicles under chapter 321 2 30 while they are in use primarily for off-highway purposes and 2 31 for off-highway vehicles that are not registered and titled as 2 32 motor vehicles under chapter 321. 2 33 The director of transportation may adopt rules not 2 34 inconsistent with this chapter regulating the use of all- 2 35 terrain vehicles, off-highway vehicles, and snowmobiles on 3 1 streets and highways. Cities may designate streets under the 3 2 jurisdiction of cities within their respective corporate 3 3 limits which may be used for snowmobiling and the sport of 3 4 driving all-terrain vehicles. 3 5 In adopting the rules, consideration shall be given to the 3 6 need to protect the environment and the public health, safety, 3 7 and welfare; to protect private property, public parks, and 3 8 other public lands; to protect wildlife and wildlife habitat; 3 9 and to promote uniformity of rules relating to the use, 3 10 operation, and equipment of all-terrain vehicles, off-highway 3 11 vehicles, and snowmobiles. The commission shall consult with 3 12 the Iowa association of four-wheel drive clubs in adopting 3 13 rules applicable to off-highway vehicles. The rules shall be 3 14 in conformance with chapter 17A. 3 15 Sec. 4. NEW SECTION. 321G.4A REGISTRATION OF OFF-HIGHWAY 3 16 VEHICLES – DAY PASSES – FEE. 3 17 1. The owner of an off-highway vehicle used on public land 3 18 of this state shall register the off-highway vehicle under 3 19 this section, unless the off-highway vehicle is registered and 3 20 titled as a motor vehicle under chapter 321 and is not used 3 21 off public roadways other than for incidental purposes. The 3 22 owner shall register the off-highway vehicle every two years 3 23 with the county recorder of the county in which the owner 3 24 resides or, if the owner is a nonresident, the owner shall 3 25 register the off-highway vehicle in the county in which the 3 26 off-highway vehicle is principally used. The commission has 3 27 supervisory responsibility over the registration of off- 3 28 highway vehicles and shall provide each county recorder with 3 29 registration forms, certificates, and stickers. 3 30 2. The owner of the off-highway vehicle shall file an 3 31 application for registration with the appropriate county 3 32 recorder on forms provided by the commission. The owner of 3 33 the off-highway vehicle shall complete and sign the 3 34 application and pay a fee set by the commission by rule and a 3 35 writing fee. 4 1 3. If an off-highway vehicle is registered and titled as a 4 2 motor vehicle under chapter 321, the owner of the off-highway 4 3 vehicle shall present the registration receipt for the vehicle 4 4 to the county recorder upon application for registration under 4 5 this section. If an off-highway vehicle is not registered and 4 6 titled as a motor vehicle under chapter 321, the owner shall 4 7 present to the county recorder receipts, bills of sale, or 4 8 other satisfactory evidence that the sales or use tax has been 4 9 paid for the purchase of the off-highway vehicle or that the 4 10 owner is exempt from paying the tax. 4 11 4. Upon receipt of an application in approved form 4 12 accompanied by the required fees, the county recorder shall 4 13 enter the application upon the records and issue to the 4 14 applicant a pocket-size registration certificate and a 4 15 numbered registration sticker. The registration certificate 4 16 shall be executed in triplicate, one copy to be delivered to 4 17 the owner, one copy to the commission, and one to be retained 4 18 on file by the county recorder. The certificate shall be 4 19 carried either in the off-highway vehicle or on the person of 4 20 the operator of the off-highway vehicle when in use. The 4 21 operator of an off-highway vehicle shall exhibit the 4 22 registration certificate to a peace officer upon request, to a 4 23 person injured in an accident involving the off-highway 4 24 vehicle, or to the owner or operator of another off-highway 4 25 vehicle or the owner of personal or real property when the 4 26 off-highway vehicle is involved in a collision or accident of 4 27 any nature with another off-highway vehicle or the property of 4 28 another person or to the property owner or tenant when the 4 29 off-highway vehicle is being operated on private property 4 30 without permission from the property owner or tenant. 4 31 5. The owner of the off-highway vehicle shall affix the 4 32 registration sticker on the lower right corner of the rear 4 33 license plate if the off-highway vehicle is registered and 4 34 titled as a motor vehicle under chapter 321. If the off- 4 35 highway vehicle is not registered and titled under chapter 5 1 321, the owner shall provide a plate not less than four inches 5 2 high and seven and a half inches wide. The plate must be 5 3 attached to the rear of the vehicle at least twelve inches 5 4 from the ground. The sticker shall be affixed on the lower 5 5 right corner of the plate. Plates and registration stickers 5 6 shall be maintained in a clean and legible condition. 5 7 6. If an off-highway vehicle is placed in storage, the 5 8 owner shall return the current registration certificate to the 5 9 county recorder with an affidavit stating that the off-highway 5 10 vehicle is placed in storage and the effective date of 5 11 storage. The county recorder shall notify the commission of 5 12 each off-highway vehicle placed in storage. When the owner of 5 13 a stored off-highway vehicle desires to renew the 5 14 registration, the owner shall make application to the county 5 15 recorder and pay the registration fee without penalty. A 5 16 refund of the registration fee shall not be allowed for a 5 17 stored off-highway vehicle. 5 18 7. An owner of an off-highway vehicle not registered under 5 19 this section may apply to the county recorder for a day pass 5 20 authorizing the vehicle's operation in this state for off- 5 21 highway purposes for up to three days. The off-highway 5 22 vehicle must meet the equipment, operation, and other 5 23 requirements for day pass applicants adopted by the commission 5 24 by rule. A person operating an off-highway vehicle for which 5 25 a day pass has been issued under this subsection shall carry 5 26 the pass with the operator and shall comply with all off- 5 27 highway vehicle operation and use provisions of this chapter. 5 28 Sec. 5. Section 321G.6, Code 2001, is amended to read as 5 29 follows: 5 30 321G.6 REGISTRATION – RENEWAL – TRANSFER. 5 31 1. Every all-terrain vehicle or snowmobile registration 5 32 certificate and number and every off-highway vehicle 5 33 registration certificate and sticker issued expires at 5 34 midnight December 31, and renewals expire every two years 5 35 thereafter unless sooner terminated or discontinued in 6 1 accordance with this chapter. After the first day of 6 2 September each even-numbered year, an unregistered all-terrain 6 3 vehicle, off-highway vehicle, or snowmobile and renewals may 6 4 be registered for the subsequent biennium beginning January 1. 6 5 An all-terrain vehicle or snowmobile registered between 6 6 January 1 and September 1 of even-numbered years shall be 6 7 registered for a fee of twelve dollars and fifty cents for the 6 8 remainder of the registration period. An off-highway vehicle 6 9 registered between January 1 and September 1 of even-numbered 6 10 years shall be registered for a fee equal to one-half of the 6 11 fee set by the commission under section 321G.4A for the 6 12 remainder of the registration period. 6 13 2. After the first day of September in even-numbered years 6 14 an unregistered all-terrain vehicle, off-highway vehicle, or 6 15 snowmobile may be registered for the remainder of the current 6 16 registration period and for the subsequent registration period 6 17 in one transaction. The fee for all-terrain vehicles and 6 18 snowmobiles shall be five dollars for the remainder of the 6 19 current period, in addition to the registration fee of twenty- 6 20 five dollarsfor an all-terrain vehicle and twenty-five6 21dollars for a snowmobilefor the subsequent biennium beginning 6 22 January 1, and a writing fee. The fee for off-highway 6 23 vehicles for the remainder of the current period shall be set 6 24 by the commission, in addition to the full registration fee 6 25 and writing fee for the subsequent biennium beginning January 6 26 1. Registration certificates,andnumbers, and stickers may 6 27 be renewed upon application of the owner in the same manner as 6 28 provided in securing the original registration. The all- 6 29 terrain vehicle, off-highway vehicle, or snowmobile 6 30 registration fee is in lieu of personal property tax for each 6 31 year of the registration. 6 32 3. An expired all-terrain vehicle, off-highway vehicle, or 6 33 snowmobile registration may be renewed for the same fee as if 6 34 the owner is securing the original registration plus a penalty 6 35 of five dollars and a writing fee. 7 1All all-terrain vehicles used on public land must be7 2registered within six months following January 1, 1990, unless7 3otherwise exempt.7 4 4. When a person, after registering an all-terrain 7 5 vehicle, off-highway vehicle, or snowmobile, moves from the 7 6 address shown on the registration certificate, the person 7 7 shall, within ten days, notify the county recorder in writing 7 8 of the move and the person's new address. 7 9 5. Upon the transfer of ownership of an all-terrain 7 10 vehicle, off-highway vehicle, or snowmobile, the owner shall 7 11 complete the form on the back of the current registration 7 12 certificate and shall deliver it to the purchaser or 7 13 transferee at the time of delivering the all-terrain vehicle, 7 14 off-highway vehicle, or snowmobile. The purchaser or 7 15 transferee shall, within five days of transfer, file a new 7 16 application form with the county recorder with a fee of one 7 17 dollar and the writing fee, and a transfer of number shall be 7 18 awarded in the same manner as provided in an original 7 19 registration. If the purchaser or transferee does not file a 7 20 new application form within five days of transfer, the 7 21 transfer of number shall be awarded upon payment of all 7 22 applicable fees plus a penalty of five dollars. 7 23 6. All registrations must be valid for the current 7 24 registration period prior to the transfer of any registration, 7 25 including assignment to a dealer. 7 26 7. Duplicate registrations may be issued upon application 7 27 therefor and the payment of the same fees collected for the 7 28 transfer of registrations. 7 29 8. A motorcycle, as defined in section 321.1, subsection 7 30 40, paragraph "a", may be registered as an all-terrain vehicle 7 31 as provided in this section. A motorcycle registered as an 7 32 all-terrain vehicle may participate in all programs 7 33 established for all-terrain vehicles under this chapter except 7 34 for the safety instruction and certification program. 7 35 Sec. 6. Section 321G.7, Code 2001, is amended to read as 8 1 follows: 8 2 321G.7 FEES REMITTED TO COMMISSION – APPROPRIATION. 8 3 1. Within ten days after the end of each month, a county 8 4 recorder shall remit to the commission the all-terrain 8 5 vehicle, off-highway vehicle, and snowmobile fees collected by 8 6 the recorder during the previous month. Before January 10 of 8 7 odd-numbered years, a recorder shall remit unusedlicense8 8 registration forms from the previous biennium to the 8 9 commission. 8 10 2. The department shall remit the fees to the treasurer of 8 11 state, who shall place the money in a special conservation 8 12 fund. The money is appropriated to the department for the 8 13 all-terrain vehicle, off-highway vehicle, and snowmobile 8 14 programs of the state. All-terrain vehicle fees shall be used 8 15 only for all-terrain vehicle programs, off-highway vehicle 8 16 fees shall be used only for off-highway vehicle programs, and 8 17 snowmobile fees shall be used only for snowmobile programs. 8 18 Joint programs shall be supported fromboththe types of fees 8 19 on a usage basis. The all-terrain vehicle, off-highway 8 20 vehicle, and snowmobile programs shall include grants, 8 21 subgrants, contracts, or cost-sharing of all-terrain vehicle, 8 22 off-highway vehicle, and snowmobile programs with political 8 23 subdivisions or incorporated private organizations or both in 8 24 accordance with rules adopted by the commission. All all- 8 25 terrain vehicle programs using cost-sharing, grants, 8 26 subgrants, or contracts shall establish and implement a safety 8 27 instruction program either singly or in cooperation with other 8 28 all-terrain vehicle programs. All off-highway vehicle 8 29 programs using cost sharing, grants, subgrants, or contracts 8 30 shall establish and implement a safety instruction program 8 31 either singly or in cooperation with other off-highway vehicle 8 32 programs. At least fifty percent of the special fund shall be 8 33 available for political subdivisions or incorporated private 8 34 organizations or both. Moneys from the special fund not used 8 35 by the political subdivisions or incorporated private 9 1 organizations or both shall remain in the all-terrain vehicle, 9 2 off-highway vehicle, or snowmobile accounts. The department 9 3 may use funds from these accounts for the administration of 9 4 the all-terrain vehicle, off-highway vehicle, and snowmobile 9 5 programs. 9 6 Sec. 7. Section 321G.8, unnumbered paragraph 1, Code 2001, 9 7 is amended to read as follows: 9 8 Registration shall not be required for the following 9 9 described all-terrain vehicles, off-highway vehicles, and 9 10 snowmobiles: 9 11 Sec. 8. Section 321G.8, subsection 1, Code 2001, is 9 12 amended to read as follows: 9 13 1. All-terrain vehicles, off-highway vehicles, and 9 14 snowmobiles owned and used by the United States, another 9 15 state, or a political subdivision of another state. 9 16 Sec. 9. NEW SECTION. 321G.8A APPLICABILITY TO OFF- 9 17 HIGHWAY VEHICLES. 9 18 The provisions in this chapter relating to the operation or 9 19 use of off-highway vehicles shall only apply to off-highway 9 20 vehicles that are not registered and titled as motor vehicles 9 21 under chapter 321 and to off-highway vehicles that are 9 22 registered and titled as motor vehicles under chapter 321 9 23 while they are in use primarily for off-road purposes. The 9 24 provisions in sections 321G.29 through 321G.32 shall only 9 25 apply to off-highway vehicles that are not registered and 9 26 titled as motor vehicles under chapter 321. 9 27 Sec. 10. Section 321G.9, Code 2001, is amended to read as 9 28 follows: 9 29 321G.9 OPERATION ON ROADWAYS AND HIGHWAYS. 9 30 A person shall not operate an all-terrain vehicle or 9 31 snowmobile upon roadways or highways, as defined in section 9 32 321.1, except as provided in section 321.234A and this 9 33 chapter. A person shall not operate an off-highway vehicle 9 34 upon such roadways or highways except as provided in this 9 35 chapter. 10 1 1. An all-terrain vehicle, off-highway vehicle, or 10 2 snowmobile shall not be operated at any time within the right 10 3 of way of any interstate highway or freeway within this state 10 4 except under either of the following circumstances: 10 5 a. As provided in section 321.234A. 10 6 b. When using an underpass located on an interstate 10 7 highway or freeway if all of the following apply: 10 8 (1) The underpass has been abandoned and is no longer 10 9 being used by motor vehicles or trains. 10 10 (2) Use of the underpass is the only alternative to the 10 11 use of a traveled roadway. 10 12 (3) Notwithstanding the provisions of chapter 321, use of 10 13 the underpass does not conflict with any rules or regulations 10 14 adopted by a federal governmental entity or this state or a 10 15 political subdivision of this state. 10 16 2. An all-terrain vehicle, off-highway vehicle, or 10 17 snowmobile may make a direct crossing of a street or highway 10 18 provided: 10 19 a. The crossing is made at an angle of approximately 10 20 ninety degrees to the direction of the highway and at a place 10 21 where no obstruction prevents a quick and safe crossing; and. 10 22 b. The all-terrain vehicle, off-highway vehicle, or 10 23 snowmobile is brought to a complete stop before crossing the 10 24 shoulder or main traveled way of the highway; and. 10 25 c. The driver yields the right of way to all oncoming 10 26 traffic which constitutes an immediate hazard; and. 10 27 d. In crossing a divided highway, the crossing is made 10 28 only at an intersection of such highway with another public 10 29 street or highway. 10 30 3. An all-terrain vehicle, off-highway vehicle, or 10 31 snowmobile shall not be operated on public highways in any of 10 32 the following manners: 10 33 a. On the roadway portion of a highwayandor adjacent 10 34 shoulder, orat leastwithin five feetonof either side of 10 35 the roadway, except as provided in subsection 4of this11 1section, and. 11 2 b. On limited access highwaysandor approaches, and. 11 3 c. For racing any moving object, and. 11 4 d. Abreast with one or more other all-terrain vehicles, 11 5 off-highway vehicles, or snowmobiles on a city highway. 11 6 4. A registered all-terrain vehicle, off-highway vehicle, 11 7 or snowmobile may be operated under the following conditions: 11 8 a. Upon city highways which have not been plowed during 11 9 the snow season or on such highways as designated by the 11 10 governing body of a municipality. 11 11 b. On that portion of county roadways that have not been 11 12 plowed during the snow season or not maintained or utilized 11 13 for the operation of conventional two-wheel drive motor 11 14 vehicles. 11 15 c. On highways in an emergency during the period of time 11 16 when and at locations where snow upon the roadway renders 11 17 travel by conventional motor vehicles impractical. 11 18 d. On the roadways of that portion of county highways 11 19 designated by the county board of supervisors for such use 11 20 during a specified period. The county board of supervisors 11 21 shall evaluate the traffic conditions on all county highways 11 22 and designate roadways on which all-terrain vehicles, off- 11 23 highway vehicles, or snowmobiles may be operated for the 11 24 specified period without unduly interfering with or 11 25 constituting an undue hazard to conventional motor vehicle 11 26 traffic. Signs warning of the operation of all-terrain 11 27 vehicles, off-highway vehicles, or snowmobiles on the roadway 11 28 shall be placed and maintained on the portions of highway thus 11 29 designated during the period specified for the operation. 11 30 e. On the roadway or shoulder when necessary to cross a 11 31 bridge or culvert, or avoid an obstruction which makes it 11 32 impossible to travel on the portion of the highway not 11 33 intended for motor vehicles, if the all-terrain vehicle, off- 11 34 highway vehicle, or snowmobile is brought to a complete stop 11 35 before entering onto the roadway or shoulder and the driver 12 1 yields the right of way to any approaching vehicle on the 12 2 roadway. 12 3 f. All-terrain vehicles and off-highway vehicles shall not 12 4 be operated on snowmobile trails except where designated by 12 5 the controlling authority and the primary snowmobile trail 12 6 sponsor. 12 7 g. Snowmobiles and off-highway vehicles shall not be 12 8 operated on all-terrain vehicle trails except where designated 12 9 by the controlling authority and the primary all-terrain 12 10 vehicle trail sponsor. 12 11 h. All-terrain vehicles and snowmobiles shall not be 12 12 operated on off-highway vehicle trails or in off-highway 12 13 vehicle use areas except where designated by the controlling 12 14 authority and the primary off-highway vehicle trail or use 12 15 area sponsor. 12 16 5. The headlight and taillight shall be lighted during the 12 17 operation on a public highway at any time from sunset to 12 18 sunrise, and at such other times when conditions such as fog, 12 19 snow, sleet, or rain provide insufficient lighting to render 12 20 clearly discernible persons and vehicles at a distance of five 12 21 hundred feet ahead. 12 22 6. a. An all-terrain vehicle or snowmobile shall not be 12 23 operated on or across a public highway by a person under 12 24 sixteen years of age who does not have in the person's 12 25 possession a safety certificate issued to the person pursuant 12 26 to this chapter. 12 27 b. A person twelve to fifteen years of age and possessing 12 28 a valid safety certificate must be under the direct 12 29 supervision of a parent, guardian, or another adult authorized 12 30 by the parent or guardian, who is experienced in all-terrain 12 31 vehicle or snowmobile operation, and who possesses a valid 12 32 driver's license as defined in section 321.1, or a safety 12 33 certificate issued under this chapter. 12 34 7. An all-terrain vehicle, off-highway vehicle, or 12 35 snowmobile shall not be operated within the right of way of a 13 1 primary highway between the hours of sunset and sunrise except 13 2 on the right-hand side of the right of way and in the same 13 3 direction as the motor vehicular traffic on the nearest lane 13 4 of traveled portion of the right of way. 13 5 Sec. 11. Section 321G.10, Code 2001, is amended to read as 13 6 follows: 13 7 321G.10 ACCIDENT REPORTS. 13 8 If an all-terrain vehicle or snowmobile is involved in an 13 9 accident resulting in injury or death to anyone or property 13 10 damage amounting to two hundred dollars or more, either the 13 11 operator or someone acting for the operator shall immediately 13 12 notify the county sheriff or another law enforcement agency in 13 13 the state. If an off-highway vehicle is involved in an 13 14 accident resulting in injury or death to anyone or property 13 15 damage amounting to one thousand dollars or more, either the 13 16 operator or someone acting for the operator shall immediately 13 17 notify the county sheriff or another law enforcement agency in 13 18 the state. The operator shall file with the commission a 13 19 report of the accident, within forty-eight hours, containing 13 20 information as the commission may require. 13 21 Sec. 12. Section 321G.11, unnumbered paragraphs 1 and 2, 13 22 Code 2001, are amended to read as follows: 13 23 An all-terrain vehicle or snowmobile shall not be operated 13 24 without suitable and effective muffling devices which limit 13 25 engine noise to not more than eighty-six decibels as measured 13 26 on the "A" scale at a distance of fifty feet; and a 13 27 snowmobile, manufactured after July 1, 1973, which is sold, 13 28 offered for sale, or used in this state, except in an 13 29 authorized special event, shall have a muffler system that 13 30 limits engine noise to not more than eighty-two decibels as 13 31 measured on the "A" scale at a distance of fifty feet. An 13 32 off-highway vehicle shall not be operated pursuant to this 13 33 chapter without a muffler that meets the requirements of 13 34 section 321.436 and rules adopted under that section. 13 35 The commission may adopt rules with respect to the 14 1 inspection of all-terrain vehicles, off-highway vehicles, and 14 2 snowmobiles and testing of their mufflers. 14 3 Sec. 13. Section 321G.13, unnumbered paragraph 1, Code 14 4 2001, is amended to read as follows: 14 5 A person shall not drive or operate an all-terrain vehicle, 14 6 off-highway vehicle, or snowmobile: 14 7 Sec. 14. Section 321G.13, subsections 4, 7, 8, 10, and 11, 14 8 Code 2001, are amended to read as follows: 14 9 4. Without a lighted headlight and taillight from sunset 14 10 to sunrise and at such other times when conditions provide 14 11 insufficient lighting to render clearly discernible persons 14 12 and vehicles at a distance of five hundred feet ahead. A 14 13 person shall not operate an off-highway vehicle between sunset 14 14 and sunrise unless the vehicle's headlights and taillights are 14 15 lighted and only when participating in a special event 14 16 authorized by the department under section 321G.16. A person 14 17 shall not operate an off-highway vehicle without lighted 14 18 headlights and taillights when conditions provide insufficient 14 19 lighting to render clearly discernible persons and vehicles at 14 20 a distance of five hundred feet ahead. 14 21 7. In or on any park or fish and game areas except on 14 22 designated all-terrain vehicle, off-highway vehicle, or 14 23 snowmobile trails or use areas. 14 24 8. Upon an operating railroad right-of-way. An all- 14 25 terrain vehicle, off-highway vehicle, or snowmobile may be 14 26 driven directly across a railroad right-of-way only at an 14 27 established crossing and, notwithstanding any other provisions 14 28 of law, may, if necessary, use the improved portion of the 14 29 established crossing after yielding to all oncoming traffic. 14 30 This subsection does not apply to a law enforcement officer or 14 31 railroad employee in the lawful discharge of the officer's or 14 32 employee's duties or to an employee of a utility with 14 33 authority to enter upon the railroad right-of-way in the 14 34 lawful performance of the employee's duties. 14 35 10. On public land without a measurable snow cover except 15 1 as provided in section 321.234A or in specific areas permitted 15 2 by the commission, such as "all-terrain vehicle parks" or off- 15 3 highway vehicle trails or use areas which are designated and 15 4 intended for use with or without snow. 15 5 11. A person shall not operate or ride in an all-terrain 15 6 vehicle, off-highway vehicle, or snowmobile with a firearm in 15 7 the person's possession unless it is unloaded and enclosed in 15 8 a carrying case. However, a nonambulatory person may carry an 15 9 uncased and unloaded firearm while operating or riding an all- 15 10 terrain vehicle, off-highway vehicle, orasnowmobile. 15 11 Sec. 15. Section 321G.16, Code 2001, is amended to read as 15 12 follows: 15 13 321G.16 SPECIAL EVENTS. 15 14 The department may authorize the holding of organized 15 15 special events as defined in this chapter within this state. 15 16 The department shall adopt rules relating to the conduct of 15 17 special events held under department permits and designating 15 18 the equipment and facilities necessary for safe operation of 15 19 all-terrain vehicles, off-highway vehicles, and snowmobiles or 15 20 for the safety of operators, participants, and observers in 15 21 the special events. A special event for all-terrain vehicles 15 22 may include motorcycles upon payment of an entrance fee set by 15 23 the organizer of the special event. The department may 15 24 require that part of the motorcycle entrance fee be credited 15 25 to pay costs of all-terrain vehicle programs authorized 15 26 pursuant to section 321G.7. At least thirty days before the 15 27 scheduled date of a special event in this state, an 15 28 application shall be filed with the department for 15 29 authorization to conduct the special event. The application 15 30 shall set forth the date, time, and location of the proposed 15 31 special event and any other information the department 15 32 requires. The special event shall not be conducted without 15 33 written authorization of the department. Copies of the rules 15 34 shall be furnished by the department to any person making an 15 35 application. 16 1 Sec. 16. Section 321G.17, Code 2001, is amended to read as 16 2 follows: 16 3 321G.17 VIOLATION OF "STOP" SIGNAL. 16 4 A person, after having received a visual or audible signal 16 5 from a peace officer to come to a stop, shall not operate an 16 6 all-terrain vehicle, off-highway vehicle, or snowmobile in 16 7 willful or wanton disregard of the signal or interfere with or 16 8 endanger the officer or any other person or vehicle, or 16 9 increase speed or attempt to flee or elude the officer. 16 10 Sec. 17. Section 321G.18, Code 2001, is amended to read as 16 11 follows: 16 12 321G.18 NEGLIGENCE. 16 13 The owner and operator of an all-terrain vehicle, off- 16 14 highway vehicle, or snowmobile are liable for any injury or 16 15 damage occasioned by the negligent operation of the all- 16 16 terrain vehicle, off-highway vehicle, or snowmobile. The 16 17 owner of an all-terrain vehicle, off-highway vehicle, or 16 18 snowmobile shall be liable for any such injury or damage only 16 19 if the owner was the operator of the all-terrain vehicle, off- 16 20 highway vehicle, or snowmobile at the time the injury or 16 21 damage occurred or if the operator had the owner's consent to 16 22 operate the all-terrain vehicle, off-highway vehicle, or 16 23 snowmobile at the time the injury or damage occurred. 16 24 Sec. 18. Section 321G.19, Code 2001, is amended to read as 16 25 follows: 16 26 321G.19 RENTED SNOWMOBILES, OFF-HIGHWAY VEHICLES, AND ALL- 16 27 TERRAIN VEHICLES. 16 28 1. The owner of a rented all-terrain vehicle, off-highway 16 29 vehicle, or snowmobile shall keep a record of the name and 16 30 address of each person renting the all-terrain vehicle, off- 16 31 highway vehicle, or snowmobile, its identification number, the 16 32 departure date and time, and the expected time of return. The 16 33 records shall be preserved for six months. 16 34 2. The owner of an all-terrain vehicle, off-highway 16 35 vehicle, or snowmobile operated for hire shall not permit the 17 1 use or operation of a rented all-terrain vehicle, off-highway 17 2 vehicle, or snowmobile unless it has been provided with all 17 3 equipment required by this chapter or rules of the commission 17 4 or the director of transportation, properly installed and in 17 5 good working order. 17 6 Sec. 19. Section 321G.20, Code 2001, is amended to read as 17 7 follows: 17 8 321G.20MINORS UNDER TWELVE.OPERATION BY MINORS – 17 9 DRIVER'S LICENSE. 17 10 1. An owner or operator of a snowmobile shall not permit a 17 11 person under twelve years of age to operate and a person less 17 12 than twelve years of age shall not operate, a snowmobile 17 13 except when accompanied on the same snowmobile by a 17 14 responsible person of at least eighteen years of age who is 17 15 experienced in snowmobile operation and who possesses a valid 17 16 driver's license, as defined in section 321.1, or a safety 17 17 certificate issued under this chapter. 17 18 2. A person under twelve years of age shall not operate an 17 19 all-terrain vehicle on public lands unless the person is 17 20 taking a prescribed safety training course under the direct 17 21 supervision of a certified all-terrain vehicle safety 17 22 instructor and a parent or guardian. 17 23 3. A person shall not operate an off-highway vehicle 17 24 unless the person possesses a safety certificate and a valid 17 25 driver's license, as defined in section 321.1. 17 26 Sec. 20. Section 321G.22, Code 2001, is amended to read as 17 27 follows: 17 28 321G.22 LIMITATION OF LIABILITY BY PUBLIC BODIES AND 17 29 ADJOINING OWNERS. 17 30 The state, its political subdivisions, and the owners or 17 31 tenants of property adjoining public lands or the right of way 17 32 of a public highway and their agents and employees owe no duty 17 33 of care to keep the public lands, ditches, or land contiguous 17 34 to a highway or roadway under the control of the state or a 17 35 political subdivision safe for entry or use by persons 18 1 operating an all-terrain vehicle, off-highway vehicle, or 18 2 snowmobile, or to give any warning of a dangerous condition, 18 3 use, structure, or activity on the premises to persons 18 4 entering for such purposes, except in the case of willful or 18 5 malicious failure to guard or warn against a dangerous 18 6 condition, use, structure, or activity. The state, its 18 7 political subdivisions, and the owners or tenants of property 18 8 adjoining public lands or the right of way of a public 18 9 highway, and their agents and employees are not liable for 18 10 actions taken to allow or facilitate the use of public lands, 18 11 ditches, or land contiguous to a highway or roadway except in 18 12 the case of a willful or malicious failure to guard or warn 18 13 against a dangerous condition, use, structure, or activity. 18 14 This section does not create a duty of care or ground of 18 15 liability on behalf of the state, its political subdivisions, 18 16 or the owners or tenants of property adjoining public lands or 18 17 the right of way of a public highway and their agents and 18 18 employees for injury to persons or property in the operation 18 19 of all-terrain vehicles, off-highway vehicles, or snowmobiles 18 20 in a ditch or on land contiguous to a highway or roadway under 18 21 the control of the state or a political subdivision. The 18 22 state, its political subdivisions, and the owners or tenants 18 23 of property adjoining public lands or the right of way of a 18 24 public highway and their agents and employees are not liable 18 25 for the operation of an all-terrain vehicle, off-highway 18 26 vehicle, or snowmobile in violation of this chapter. 18 27 Sec. 21. Section 321G.23, subsection 1, Code 2001, is 18 28 amended to read as follows: 18 29 1. The commission shall provide, by rules adopted pursuant 18 30 to section 321G.2, for the establishment of certified courses 18 31 of instruction to be conducted throughout the state for the 18 32 safe use and operation of all-terrain vehicles, off-highway 18 33 vehicles, and snowmobiles. The curriculum shall include 18 34 instruction in the lawful and safe use, operation, and 18 35 equipping of all-terrain vehicles, off-highway vehicles, and 19 1 snowmobiles consistent with this chapter and rules adopted by 19 2 the commission and the director of transportation and other 19 3 matters the commission deems pertinent for a qualified all- 19 4 terrain vehicle, off-highway vehicle, or snowmobile operator. 19 5 Sec. 22. Section 321G.24, subsections 1 and 5, Code 2001, 19 6 are amended to read as follows: 19 7 1. A person under eighteen years of age shall not operate 19 8 a snowmobile on public land or land purchased with snowmobile 19 9 registration funds in this state without obtaining a valid 19 10 safety certificate issued by the department and having the 19 11 certificate in the person's possession, unless the person is 19 12 accompanied on the same snowmobile by a responsible person of 19 13 at least eighteen years of age who is experienced in 19 14 snowmobile operation and possesses a valid driver's license, 19 15 as defined in section 321.1, or a safety certificate issued 19 16 under this chapter. A person under eighteen years of age 19 17 shall not operate an all-terrain vehicle on public land or 19 18 land purchased with all-terrain vehicle registration funds in 19 19 this state without obtaining a valid safety certificate issued 19 20 by the department and having the certificate in the person's 19 21 possession. A person shall not operate an off-highway vehicle 19 22 on public land or land purchased with off-highway vehicle 19 23 registration funds in this state without obtaining a valid 19 24 safety certificate issued by the department and having the 19 25 certificate in the person's possession. 19 26 5. A valid all-terrain vehicle, off-highway vehicle, or 19 27 snowmobile safety certificate or license issued to a 19 28 nonresident by a governmental authority of another state shall 19 29 be considered a valid certificate or license in this state if 19 30 the permit or license requirements of the governmental 19 31 authority, excluding fees, are substantially the same as the 19 32 requirements of this chapter as determined by the commission. 19 33 Sec. 23. Section 321G.25, Code 2001, is amended to read as 19 34 follows: 19 35 321G.25 STOPPING AND INSPECTING – WARNINGS. 20 1 A peace officer may stop and inspect an all-terrain 20 2 vehicle, off-highway vehicle, or snowmobile operated, parked, 20 3 or stored on public streets, highways, public lands, or frozen 20 4 waters of the state to determine if the all-terrain vehicle, 20 5 off-highway vehicle, or snowmobile is registered, numbered, or 20 6 equipped as required by this chapter and commission rules. 20 7 The officer shall not inspect an area that is not essential to 20 8 determine compliance with the requirements. If the officer 20 9 determines that the all-terrain vehicle, off-highway vehicle, 20 10 or snowmobile is not in compliance, the officer may issue a 20 11 warning memorandum to the operator and forward a copy to the 20 12 commission. The warning memorandum shall indicate the items 20 13 found not in compliance and shall direct the owner or operator 20 14 of the all-terrain vehicle, off-highway vehicle, or snowmobile 20 15 to have the all-terrain vehicle, off-highway vehicle, or 20 16 snowmobile in compliance and return a copy of the warning 20 17 memorandum with the proof of compliance to the commission 20 18 within fourteen days. If the proof of compliance is not 20 19 provided within fourteen days, the owner or operator is in 20 20 violation of this chapter. 20 21 Sec. 24. Section 321G.26, Code 2001, is amended to read as 20 22 follows: 20 23 321G.26 TERMINATION OF USE. 20 24 A person who receives a warning memorandum for an all- 20 25 terrain vehicle, off-highway vehicle, or snowmobile shall stop 20 26 using the all-terrain vehicle, off-highway vehicle, or 20 27 snowmobile as soon as possible and shall not operate it on 20 28 public streets, highways, public lands, or frozen waters of 20 29 the state until the all-terrain vehicle, off-highway vehicle, 20 30 or snowmobile is in compliance. 20 31 Sec. 25. Section 321G.27, Code 2001, is amended to read as 20 32 follows: 20 33 321G.27 WRITING FEES. 20 34 The county recorder shall collect a writing fee of one 20 35 dollar for an all-terrain vehicle, off-highway vehicle, or 21 1 snowmobile registration. 21 2 Sec. 26. Section 321G.28, Code 2001, is amended to read as 21 3 follows: 21 4 321G.28 CONSISTENT LOCAL LAWS – SPECIAL LOCAL RULES. 21 5 1. This chapter and other applicable laws of this state 21 6 shall govern the operation, equipment, numbering, and all 21 7 other matters relating to an all-terrain vehicle, off-highway 21 8 vehicle, or snowmobile when the all-terrain vehicle, off- 21 9 highway vehicle, or snowmobile is operated or maintained in 21 10 this state. However, this chapter does not prevent the 21 11 adoption of an ordinance or local law relating to the 21 12 operation of or equipment of all-terrain vehicles, off-highway 21 13 vehicles, or snowmobiles. The ordinances or local laws are 21 14 operative only so long as they are not inconsistent with this 21 15 chapter or the rules adopted by the commission. 21 16 2. A subdivision of this state, after public notice by 21 17 publication in a newspaper having a general circulation in the 21 18 subdivision, may make formal application to the commission for 21 19 special rules concerning the operation of all-terrain 21 20 vehicles, off-highway vehicles, or snowmobiles within the 21 21 territorial limits of the subdivision and shall provide the 21 22 commission with the reasons the special rules are necessary. 21 23 3. The commission, upon application by local authorities 21 24 and in conformity with this chapter, may make special rules 21 25 concerning the operation of all-terrain vehicles, off-highway 21 26 vehicles, or snowmobiles within the territorial limits of a 21 27 subdivision of this state. 21 28 Sec. 27. Section 321G.29, subsections 1, 3, 4, 8, and 9, 21 29 Code 2001, are amended to read as follows: 21 30 1. The owner of a snowmobile acquired on or after January 21 31 1, 1998, or an all-terrain vehicle acquired on or after 21 32 January 1, 2000, other than a snowmobile or all-terrain 21 33 vehicle used exclusively as a farm implement, shall apply to 21 34 the county recorder of the county in which the owner resides 21 35 for a certificate of title for the snowmobile or all-terrain 22 1 vehicle. The owner of an off-highway vehicle acquired on or 22 2 after July 1, 2001, shall apply to the county recorder of the 22 3 county in which the owner resides for a certificate of title 22 4 for the off-highway vehicle if the vehicle is not registered 22 5 and titled as a motor vehicle under chapter 321. The owner of 22 6 a snowmobile or all-terrain vehicle used exclusively as a farm 22 7 implement may obtain a certificate of title. 22 8 3. An owner of a snowmobile, off-highway vehicle, or all- 22 9 terrain vehicle shall apply to the county recorder for 22 10 issuance of a certificate of title within thirty days after 22 11 acquisition. The application shall be on forms the department 22 12 prescribes and accompanied by the required fee. The 22 13 application shall be signed and sworn to before a notary 22 14 public or other person who administers oaths, or shall include 22 15 a certification signed in writing containing substantially the 22 16 representation that statements made are true and correct to 22 17 the best of the applicant's knowledge, information, and 22 18 belief, under penalty of perjury. The application shall 22 19 contain the date of sale and gross price of the snowmobile, 22 20 off-highway vehicle, or all-terrain vehicle or the fair market 22 21 value if no sale immediately preceded the transfer and any 22 22 additional information the department requires. If the 22 23 application is made for a snowmobile, off-highway vehicle, or 22 24 all-terrain vehicle last previously registered or titled in 22 25 another state or foreign country, the application shall 22 26 contain this information and any other information the 22 27 department requires. 22 28 4. If a dealer buys or acquires a snowmobile or all- 22 29 terrain vehicle for resale, the dealer shall report the 22 30 acquisition to the county recorder on forms provided by the 22 31 department and may apply for and obtain a certificate of title 22 32 as provided in this chapter. If a dealer buys or acquires a 22 33 used snowmobile or all-terrain vehicle, the dealer may apply 22 34 for a certificate of title in the dealer's name within fifteen 22 35 days. If a dealer buys or acquires a new snowmobile or all- 23 1 terrain vehicle for resale, the dealer may apply for a 23 2 certificate of title in the dealer's name. If a person 23 3 dealing in the sale of used off-highway vehicles acquires a 23 4 used off-highway vehicle for resale, the person shall comply 23 5 with rules adopted by the commission, in consultation with the 23 6 state department of transportation, for the titling of the 23 7 vehicle. 23 8 8. Once titled, a person shall not sell or transfer 23 9 ownership of a snowmobile, off-highway vehicle, or all-terrain 23 10 vehicle without delivering to the purchaser or transferee a 23 11 certificate of title with an assignment on it showing title in 23 12 the purchaser or transferee. A person shall not purchase or 23 13 otherwise acquire a snowmobile, off-highway vehicle, or all- 23 14 terrain vehicle without obtaining a certificate of title for 23 15 it in that person's name. 23 16 9. The county recorder shall transmit a copy of the 23 17 certificate of title to the department, which shall be the 23 18 central repository of title information for snowmobiles,and23 19 all-terrain vehicles, and off-highway vehicles. 23 20 Sec. 28. Section 321G.31, Code 2001, is amended to read as 23 21 follows: 23 22 321G.31 TRANSFER OR REPOSSESSION OF SNOWMOBILE, OFF- 23 23 HIGHWAY VEHICLE, OR ALL-TERRAIN VEHICLE BY OPERATION OF LAW. 23 24 1. If ownership of a snowmobile, off-highway vehicle, or 23 25 all-terrain vehicle is transferred by operation of law, such 23 26 as by inheritance, order in bankruptcy, insolvency, replevin, 23 27 or execution sale, the transferee, within thirty days after 23 28 acquiring the right to possession of the snowmobile, off- 23 29 highway vehicle, or all-terrain vehicle, shall mail or deliver 23 30 to the county recorder satisfactory proof of ownership as the 23 31 county recorder requires, together with an application for a 23 32 new certificate of title, and the required fee. 23 33 2. If a lienholder repossesses a snowmobile, off-highway 23 34 vehicle, or all-terrain vehicle by operation of law and holds 23 35 it for resale, the lienholder shall secure a new certificate 24 1 of title and shall pay the required fee. 24 2 Sec. 29. Section 321G.32, subsection 1, unnumbered 24 3 paragraph 1, Code 2001, is amended to read as follows: 24 4 A security interest created in this state in a snowmobile, 24 5 off-highway vehicle, or all-terrain vehicle is not perfected 24 6 until the security interest is noted on the certificate of 24 7 title. 24 8 Sec. 30. Section 331.602, subsection 16, Code 2001, is 24 9 amended to read as follows: 24 10 16. Issue snowmobile, all-terrain vehicle, and off-highway 24 11 vehicle registrations as provided in sections 321G.4, 321G.4A, 24 12 321G.6, and 321G.21. 24 13 Sec. 31. Section 331.605, subsection 4, Code 2001, is 24 14 amended to read as follows: 24 15 4. For the issuance of snowmobile, all-terrain vehicle, 24 16 and off-highway vehicle registrations, the fees specified in 24 17 section 321G.4 or 321G.4A. 24 18 Sec. 32. Section 805.8, subsection 4, paragraph a, Code 24 19 2001, is amended to read as follows: 24 20 a. For registration violations under section 321G.3 or 24 21 321G.4A, the scheduled fine is twenty dollars. When the 24 22 scheduled fine is paid, the violator shall submit sufficient 24 23 proof that a valid registration has been obtained. 24 24 Sec. 33. IMPLEMENTATION OF ACT. Section 25B.2, subsection 24 25 3, shall not apply to this Act. 24 26 Sec. 34. EFFECTIVE DATE. This Act, being deemed of 24 27 immediate importance, takes effect upon enactment. 24 28 EXPLANATION 24 29 This bill amends Code chapter 321G to provide for the 24 30 registration and regulation of off-highway vehicles and for 24 31 the use of off-highway vehicle registration fees for off- 24 32 highway vehicle programs. The bill defines "off-highway 24 33 vehicle" as a motor vehicle which is designed to travel on 24 34 wheels or tracks in contact with the ground and which is 24 35 designed for and generally and commonly used to transport 25 1 persons for recreational purposes off of public roadways. 25 2 "Off-highway vehicle" does not include a snowmobile, an all- 25 3 terrain vehicle, or a military vehicle. 25 4 The bill provides that the natural resource commission of 25 5 the department of natural resources may adopt rules regarding 25 6 the registration and use of off-highway vehicles, including 25 7 equipment and operation requirements. 25 8 The bill requires an off-highway vehicle used on public 25 9 land to be registered with the appropriate county recorder 25 10 under Code chapter 321G unless the off-highway vehicle is 25 11 registered and titled as a motor vehicle under Code chapter 25 12 321 and is not used off of public roadways other than for 25 13 incidental purposes. The bill also allows owners of off- 25 14 highway vehicles not so registered to be issued day passes for 25 15 the operation of the vehicles for off-highway purposes in the 25 16 state. 25 17 The bill establishes the procedure for registering an off- 25 18 highway vehicle under Code chapter 321G essentially in the 25 19 same manner as the procedure for registering snowmobiles and 25 20 all-terrain vehicles. However, if an off-highway vehicle is 25 21 registered and titled as a motor vehicle under Code chapter 25 22 321, the owner must present the registration receipt to the 25 23 county recorder upon application for registration under Code 25 24 chapter 321G. If an off-highway vehicle is not registered and 25 25 titled as a motor vehicle under Code chapter 321, the owner 25 26 must present satisfactory evidence that the sales or use tax 25 27 has been paid or that the owner is exempt from the tax. 25 28 The bill provides that the county recorder shall issue a 25 29 registration certificate and sticker for an off-highway 25 30 vehicle registered under Code chapter 321G. The sticker is to 25 31 be affixed on the lower right corner of the rear license plate 25 32 if the off-highway vehicle is registered and titled under Code 25 33 chapter 321 and on the lower right corner of a plate provided 25 34 by the owner of the vehicle and attached to the vehicle as 25 35 described in the bill. 26 1 The bill regulates the use of off-highway vehicles for off- 26 2 highway purposes essentially in the same manner that 26 3 snowmobiles and all-terrain vehicles are regulated in Code 26 4 chapter 321G. However, the bill requires a person to possess 26 5 a valid driver's license and off-highway vehicle safety 26 6 certificate in order to operate an off-highway vehicle for 26 7 off-highway purposes. Currently, Code chapter 321G allows 26 8 certain persons between the ages of 12 and 15 to operate 26 9 snowmobiles and all-terrain vehicles. 26 10 The bill also amends the scheduled violation provisions in 26 11 Code section 805.8 applicable to snowmobiles and all-terrain 26 12 vehicles to provide that the fines for registration 26 13 violations, certain operating violations, improper or 26 14 defective equipment violations, and rental violations, ranging 26 15 from $10 to $20 apply to off-highway vehicles if the violation 26 16 occurred while the vehicle was being used for off-highway 26 17 purposes. 26 18 The bill may include a state mandate as defined in Code 26 19 section 25B.3. The bill makes inapplicable Code section 26 20 25B.2, subsection 3, which would relieve a political 26 21 subdivision from complying with a state mandate if funding for 26 22 the cost of the state mandate is not provided or specified. 26 23 Therefore, political subdivisions are required to comply with 26 24 any state mandate included in the bill. 26 25 The bill is effective upon enactment. 26 26 LSB 1004HH 79 26 27 nh/pj/5
Text: HF00099 Text: HF00101 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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