Text: HF00452 Text: HF00454 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321G.1, subsection 1, unnumbered 1 2 paragraph 2, Code 2001, is amended to read as follows: 1 3 Two-wheeled off-road motorcycles shall be considered all- 1 4 terrain vehicles only for the purpose of titling and 1 5 registrationand not for purposes of regulation. An operator 1 6 of a two-wheeled off-road motorcycle is exempt from the safety 1 7 instruction and certification program requirements of sections 1 8 321G.23 and 321G.24. 1 9 Sec. 2. Section 321G.2, subsection 1, Code 2001, is 1 10 amended to read as follows: 1 11 1. Registration and titling of all-terrain vehicles and 1 12 snowmobiles. 1 13 Sec. 3. Section 321G.3, Code 2001, is amended to read as 1 14 follows: 1 15 321G.3 REGISTRATION AND NUMBERING REQUIRED. 1 16 Each all-terrain vehicle and snowmobile used on public land 1 17 or ice of this state shall be currently registered and 1 18 numbered. A person shall not operate, maintain, or give 1 19 permission for the operation or maintenance of an all-terrain 1 20 vehicle or snowmobile on public land or ice unless the all- 1 21 terrain vehicle or snowmobile is numbered in accordance with 1 22 this chapter, or in accordance with applicable federal laws, 1 23 or in accordance with an approved numbering system of another 1 24 state, and unless the identifying number set forth in the 1 25 registration is displayedon each side of the forward half of1 26the snowmobile and on the rear fender of the all-terrain1 27vehicleas prescribed by rules of the commission. 1 28 A registration number shall be assigned, without payment of 1 29 fee, to all-terrain vehicles and snowmobiles owned by the 1 30 state of Iowa or its political subdivisions upon application 1 31 for the number, and the assigned registration number shall be 1 32 displayed on the all-terrain vehicle or snowmobile as required 1 33 under section 321G.5. A registration number shall be 1 34 assigned, without payment of fee, to an all-terrain vehicle or 1 35 snowmobile which is exempt from registration but is being 2 1 titled. A decal displaying a registration number shall not be 2 2 issued and the registration shall not expire while the all- 2 3 terrain vehicle or snowmobile is exempt. The application for 2 4 registration shall indicate the reason for exemption from the 2 5 fee. The registration certificate shall indicate the reason 2 6 for exemption. 2 7 Sec. 4. Section 321G.5, Code 2001, is amended by striking 2 8 the section and inserting in lieu thereof the following: 2 9 321G.5 DISPLAY OF IDENTIFICATION NUMBERS. 2 10 The owner shall display the identification number on an 2 11 all-terrain vehicle or snowmobile in the manner prescribed by 2 12 the rules of the commission. 2 13 Sec. 5. Section 321G.6, unnumbered paragraph 6, Code 2001, 2 14 is amended to read as follows: 2 15 Upon the transfer of ownership of an all-terrain vehicle or 2 16 snowmobile, the owner shall complete the form on the back of 2 17 the title, if any, and deliver the title to the purchaser or 2 18 transferee when the all-terrain vehicle or snowmobile is 2 19 delivered. If the all-terrain vehicle or snowmobile is not 2 20 titled, the owner shall complete the form on the back of the 2 21 current registration certificate and shall deliveritthe 2 22 certificate to the purchaser or transferee at the time of 2 23 delivering the all-terrain vehicle or snowmobile. If the all- 2 24 terrain vehicle or snowmobile has not been titled and has not 2 25 been registered, the owner shall deliver an affidavit for an 2 26 unregistered and untitled all-terrain vehicle or snowmobile to 2 27 the purchaser or transferee. The purchaser or transferee 2 28 shall, withinfivethirty days of transfer, file a new 2 29 application form with the county recorder with a fee of one 2 30 dollar and the writing fee, and a transfer of number shall be 2 31 awarded in the same manner as provided in an original 2 32 registration. If the purchaser or transferee does not file a 2 33 new application form withinfivethirty days of transfer, the 2 34 transfer of number shall be awarded upon payment of all 2 35 applicable fees plus a penalty of five dollars. 3 1 Sec. 6. Section 321G.21, subsection 9, Code 2001, is 3 2 amended to read as follows: 3 3 9. If the purchaser or transferee of an all-terrain 3 4 vehicle or snowmobile is a dealer who holds the same for 3 5 resale and operates the all-terrain vehicle or snowmobile only 3 6 for purposes incidental to a resale and displays the special 3 7 dealer's certificate, or does not operate the all-terrain 3 8 vehicle or snowmobile or permit it to be operated, the 3 9 transferee is not required to obtain a new registration 3 10 certificate but upon transferring title or interest to another 3 11 person shall sign the reverse side of the title, if any, or 3 12 the registration certificate, if no title, of the all-terrain 3 13 vehicle or snowmobile indicating the name and address of the 3 14 new purchaser.The purchaser may take the registration3 15certificate to the county recorder and file a new application3 16form with a fee of one dollar for transfer and the writing3 17fee. A dealer shall make application and pay all registration 3 18 and title fees if applicable on behalf of the purchaser of an 3 19 all-terrain vehicle or snowmobile. The recorder shall award a 3 20 transfer of the registration number. If the registration has 3 21 expired while in the dealer's possession, the purchaser may 3 22 renew the registration for the same fee and writing fee as if 3 23 the purchaser is securing the original registration. 3 24 Sec. 7. Section 321G.29, subsections 1, 4, and 7, Code 3 25 2001, are amended to read as follows: 3 26 1. The owner of a snowmobile acquired on or after January 3 27 1, 1998, or an all-terrain vehicle acquired on or after 3 28 January 1, 2000, other than a snowmobile or all-terrain 3 29 vehicle used exclusively as a farm implement, shall apply to 3 30 the county recorder of the county in which the owner resides 3 31 for a certificate of title for the snowmobile or all-terrain 3 32 vehicle. The owner of a snowmobile or all-terrain vehicle 3 33 used exclusively as a farm implement may obtain a certificate 3 34 of title. A person who owns a snowmobile or all-terrain 3 35 vehicle that is not required to have a certificate of title 4 1 may apply for and receive a certificate of title for the 4 2 snowmobile or all-terrain vehicle and, subsequently, the 4 3 snowmobile or all-terrain vehicle shall be subject to the 4 4 requirements of this chapter as if the snowmobile or all- 4 5 terrain vehicle were required to be titled. All snowmobiles 4 6 or all-terrain vehicles that are titled shall be registered. 4 7 4. If a dealer buys or acquires a snowmobile or all- 4 8 terrain vehicle for resale, the dealer shall report the 4 9 acquisition to the county recorder on forms provided by the 4 10 department and may apply for and obtain a certificate of title 4 11 as provided in this chapter. If a dealer buys or acquires a 4 12 used snowmobile or all-terrain vehicle, the dealer may apply 4 13 for a certificate of title in the dealer's name withinfifteen4 14 thirty days. If a dealer buys or acquires a new snowmobile or 4 15 all-terrain vehicle for resale, the dealer may apply for a 4 16 certificate of title in the dealer's name. 4 17 7. The county recorder shall maintain a record of any 4 18 certificate of title which the county recorder issues and 4 19 shall keep each certificate of title on record until the 4 20 certificate of title has been inactive for five years. When 4 21 issuing a title for a new snowmobile or new all-terrain 4 22 vehicle, the county recorder shall obtain and keep on file the 4 23 certificate of origin. When issuing a title for a used 4 24 snowmobile or all-terrain vehicle for which there is no title 4 25 or registration, the county recorder shall obtain and keep on 4 26 file the affidavit for the unregistered and untitled 4 27 snowmobile or all-terrain vehicle. 4 28 Sec. 8. NEW SECTION. 321G.33 VEHICLE IDENTIFICATION 4 29 NUMBER. 4 30 1. The department may assign a distinguishing number to an 4 31 all-terrain vehicle or snowmobile when the serial number on 4 32 the all-terrain vehicle or snowmobile is destroyed or 4 33 obliterated and issue to the owner a special plate bearing the 4 34 distinguishing number which shall be affixed to the all- 4 35 terrain vehicle or snowmobile in a position to be determined 5 1 by the department. The all-terrain vehicle or snowmobile 5 2 shall be registered and titled under the distinguishing number 5 3 in lieu of the former serial number. Every all-terrain 5 4 vehicle or snowmobile shall have an identification number 5 5 assigned and affixed as required by the department. 5 6 2. The commission shall adopt, by rule, the procedures for 5 7 application and for issuance of an identification number for 5 8 homebuilt all-terrain vehicles or snowmobiles. 5 9 3. A person shall not destroy, remove, alter, cover, or 5 10 deface the manufacturer's vehicle identification number, the 5 11 plate bearing it, or any vehicle identification number the 5 12 department assigns to an all-terrain vehicle or snowmobile 5 13 without the department's permission. 5 14 4. A person other than a manufacturer who constructs or 5 15 rebuilds an all-terrain vehicle or snowmobile for which there 5 16 is no legible identification number shall submit to the 5 17 department an affidavit which describes the all-terrain 5 18 vehicle or snowmobile. In cooperation with the county 5 19 recorder, the department shall assign an identification number 5 20 to the all-terrain vehicle or snowmobile. The applicant shall 5 21 permanently affix the identification number to the all-terrain 5 22 vehicle or snowmobile in a manner that such alteration, 5 23 removal, or replacement of the identification number would be 5 24 obvious. 5 25 EXPLANATION 5 26 This bill amends various sections of Code chapter 321G 5 27 relating to the registration and titling of all-terrain 5 28 vehicles and snowmobiles. The operators of two-wheeled off- 5 29 road motorcycles are exempt from the safety instruction and 5 30 certification program which applies to other all-terrain 5 31 vehicle operators. Code section 321G.3 is amended to allow 5 32 the natural resource commission to determine where the 5 33 registration numbers of all-terrain vehicles and snowmobiles 5 34 are to be displayed. The Code section also provides for the 5 35 assignment of a registration number to an all-terrain vehicle 6 1 or snowmobile which is exempt from registration but is being 6 2 titled. 6 3 Code section 321G.5 provides that the owner of an all- 6 4 terrain vehicle or snowmobile must display the registration 6 5 identification on the vehicle in the manner prescribed by rule 6 6 of the natural resource commission. 6 7 Code sections 321G.6, 321G.21, and 321G.29 are amended to 6 8 provide procedures for the transfer of the titles and 6 9 registrations of all-terrain vehicles and snowmobiles. If a 6 10 title or registration is available for a vehicle, the owner 6 11 shall complete the form on the back of the title or 6 12 registration certificate as applicable and deliver it to the 6 13 purchaser upon transfer. If a vehicle has no title or no 6 14 registration, the owner shall deliver an affidavit for 6 15 unregistered and untitled vehicles to the purchaser upon 6 16 transfer. The bill allows a purchaser of a vehicle 30 days 6 17 instead of five days after purchase to apply for a new 6 18 registration number at the office of county recorder. A 6 19 dealer is required to make application and pay all 6 20 registration and title fees, if applicable, on behalf of the 6 21 purchaser of the vehicle. The owner of an all-terrain vehicle 6 22 or snowmobile which is not required to be titled may have the 6 23 vehicle titled. If the vehicle is titled, the vehicle must 6 24 also be registered and the vehicle is subject to all 6 25 requirements of Code chapter 321G. The bill also provides 6 26 that a dealer may apply for a certificate of title in the 6 27 dealer's name for a used snowmobile or all-terrain vehicle 6 28 within 30 days in lieu of 15 days after the date of 6 29 acquisition. When issuing a title for a used vehicle for 6 30 which there is no title or registration, each county recorder 6 31 shall obtain and keep on file the affidavit for the untitled 6 32 and unregistered vehicle. 6 33 New Code section 321G.33 authorizes the department of 6 34 natural resources to assign a distinguishing number to an all- 6 35 terrain vehicle or snowmobile if its serial number is 7 1 destroyed or obliterated. The new Code section directs the 7 2 natural resource commission to adopt procedures for 7 3 application and issuance of an identification number for a 7 4 homebuilt vehicle or a rebuilt vehicle that has no legible 7 5 identification number. The destruction or defacing of a 7 6 vehicle identification number is prohibited. Violators of the 7 7 general provisions of Code chapter 321G or rules adopted 7 8 pursuant to Code chapter 321G are guilty of a simple 7 9 misdemeanor. A registration violation under Code section 7 10 321G.3 is punishable by a scheduled fine of $20 and an 7 11 identification violation under Code section 321G.5 is 7 12 punishable by a scheduled fine of $10. Other violations for 7 13 which a scheduled fine is not provided are punishable by 7 14 imprisonment not to exceed 30 days or a fine of at least $50 7 15 but not to exceed $100. 7 16 LSB 1040HV 79 7 17 tj/pj/5
Text: HF00452 Text: HF00454 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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