Text: HF00197 Text: HF00199 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.1, subsection 32, unnumbered 1 2 paragraph 1, Code 2003, is amended to read as follows: 1 3 "Implement of husbandry" means a vehicle or special mobile 1 4 equipment manufactured, designed, or reconstructed for 1 5 agricultural purposes and, except for incidental uses, 1 6 exclusively used in the conduct of agricultural operations. 1 7 "Implements of husbandry" includes all-terrain vehicles 1 8 operated in compliance with section 321.234A, subsection 1, 1 9 fence-line feeders, and vehicles used exclusively for the 1 10 application of organic or inorganic plant food materials, 1 11 organic agricultural limestone, or agricultural chemicals. To 1 12 be considered an implement of husbandry, a self-propelled 1 13 implement of husbandry must be operated at speeds of thirty- 1 14 five miles per hour or less. "Reconstructed" as used in this 1 15 subsection means materially altered from the original 1 16 construction by the removal, addition, or substitution of 1 17 essential parts, new or used. 1 18 Sec. 2. Section 321.20B, subsection 6, Code 2003, is 1 19 amended to read as follows: 1 20 6. This section does not apply to a snowmobile or all- 1 21 terrain vehicle, except an all-terrain vehicle operated as 1 22 provided in section 321.234A, subsection 2, or to a motor 1 23 vehicle identified in section 321.18, subsections 1 through 6, 1 24 and subsection 8. 1 25 Sec. 3. Section 321.109, subsection 1, unnumbered 1 26 paragraph 1, Code 2003, is amended to read as follows: 1 27 The annual fee for all motor vehicles including vehicles 1 28 designated by manufacturers as station wagons, and 1993 and 1 29 subsequent model years for multipurpose vehicles, except motor 1 30 trucks, motor homes, ambulances, hearses, motorcycles, motor 1 31 bicycles, all-terrain vehicles, and 1992 and older model years 1 32 for multipurpose vehicles, shall be equal to one percent of 1 33 the value as fixed by the department plus forty cents for each 1 34 one hundred pounds or fraction thereof of weight of vehicle, 1 35 as fixed by the department. The weight of a motor vehicle, 2 1 fixed by the department for registration purposes, shall 2 2 include the weight of a battery, heater, bumpers, spare tire, 2 3 and wheel. Provided, however, that for any new vehicle 2 4 purchased in this state by a nonresident for removal to the 2 5 nonresident's state of residence the purchaser may make 2 6 application to the county treasurer in the county of purchase 2 7 for a transit plate for which a fee of ten dollars shall be 2 8 paid. And provided, however, that for any used vehicle held 2 9 by a registered dealer and not currently registered in this 2 10 state, or for any vehicle held by an individual and currently 2 11 registered in this state, when purchased in this state by a 2 12 nonresident for removal to the nonresident's state of 2 13 residence, the purchaser may make application to the county 2 14 treasurer in the county of purchase for a transit plate for 2 15 which a fee of three dollars shall be paid. The county 2 16 treasurer shall issue a nontransferable certificate of 2 17 registration for which no refund shall be allowed; and the 2 18 transit plates shall be void thirty days after issuance. Such 2 19 purchaser may apply for a certificate of title by surrendering 2 20 the manufacturer's or importer's certificate or certificate of 2 21 title, duly assigned as provided in this chapter. In this 2 22 event, the treasurer in the county of purchase shall, when 2 23 satisfied with the genuineness and regularity of the 2 24 application, and upon payment of a fee of ten dollars, issue a 2 25 certificate of title in the name and address of the 2 26 nonresident purchaser delivering the same to the person 2 27 entitled to the title as provided in this chapter. The 2 28 provisions of this subsection relating to multipurpose 2 29 vehicles are effective January 1, 1993, for all 1993 and 2 30 subsequent model years. The annual registration fee for 2 31 multipurpose vehicles that are 1992 model years and older 2 32 shall be in accordance with section 321.124. 2 33 Sec. 4. Section 321.117, Code 2003, is amended to read as 2 34 follows: 2 35 321.117 MOTORCYCLE, ALL-TERRAIN VEHICLE, AMBULANCE, AND 3 1 HEARSE FEES. 3 2 For all motorcycles the annual registration feeshall beis 3 3 twenty dollars. For all motorized bicycles the annual 3 4 registration feeshall beis seven dollars. Whenthea 3 5 motorcycle is more than five model years old, the annual 3 6 registration feeshall beis ten dollars. The annual 3 7 registration fee for all-terrain vehicles operated under 3 8 section 321.234A, subsection 2, is twenty dollars. The annual 3 9 registration fee for ambulances and hearsesshall beis fifty 3 10 dollars. Passenger car plates shall be issued for ambulances 3 11 and hearses. 3 12 Sec. 5. Section 321.166, subsection 1, unnumbered 3 13 paragraph 1, Code 2003, is amended to read as follows: 3 14 Registration plates shall be of metal and of a size not to 3 15 exceed six inches by twelve inches, except that the size of 3 16 plates issued for use on all-terrain vehicles operated under 3 17 section 321.234A, subsection 2, motorized bicycles, 3 18 motorcycles, motorcycle trailers, and trailers with an empty 3 19 weight of two thousand pounds or less shall be established by 3 20 the department. 3 21 Sec. 6. Section 321.166, subsections 3 and 4, Code 2003, 3 22 are amended to read as follows: 3 23 3. The registration plate number shall be displayed in 3 24 characters which shall not exceed a height of four inches nor 3 25 a stroke width exceeding five-eighths of an inch. Special 3 26 plates issued to dealers shall display the alphabetical 3 27 character "D", which shall be of the same size as the 3 28 characters in the registration plate. The registration plate 3 29 number issued for all-terrain vehicles operated under section 3 30 321.234A, subsection 2, motorized bicycles, motorcycles, 3 31 trailers with an empty weight of two thousand pounds or less, 3 32 and motorcycle trailers shall be a size prescribed by the 3 33 department. 3 34 4. The registration plate number, except on all-terrain 3 35 vehicles operated under section 321.234A, subsection 2, 4 1 motorizedbicyclebicycles,motorcyclemotorcycles, motorcycle 4 2trailertrailers, and trailers with an empty weight of two 4 3 thousand pounds or less shall be of sufficient size to be 4 4 readable from a distance of one hundred feet during daylight. 4 5 Sec. 7. Section 321.234A, Code 2003, is amended to read as 4 6 follows: 4 7 321.234A ALL-TERRAIN VEHICLES – HIGHWAY USE – OPERATION 4 8 IN CITIES. 4 9 1. a.All-terrainExcept as provided in subsection 2, 4 10 all-terrain vehicles shall be operated on a highway only 4 11 between sunrise and sunset and only when the operation on the 4 12 highway is incidental to the vehicle's use for agricultural 4 13 purposes. A person operating an all-terrain vehicle on a 4 14 highway shall have a valid driver's license and the vehicle 4 15 shall be operated at speeds of thirty-five miles per hour or 4 16 less. 4 172.b. A person convicted of a violation of thissection4 18 subsection is guilty of a simple misdemeanor punishable as a 4 19 scheduled violation under section 805.8A, subsection 3, 4 20 paragraph "f". 4 21 2. An all-terrain vehicle may be operated on a highway 4 22 within a city with a population of less than two thousand, 4 23 provided all of the following conditions are met: 4 24 a. The all-terrain vehicle is registered as a motor 4 25 vehicle under chapter 321 and bears the license plates 4 26 required under section 321.166. 4 27 b. The operator of the all-terrain vehicle is at least 4 28 eighteen years of age and possesses a valid driver's license. 4 29 c. The operator of the all-terrain vehicle is covered by 4 30 an owner's policy of liability insurance or other financial 4 31 liability coverage, as defined in section 321.1, in effect for 4 32 the all-terrain vehicle being operated. 4 33 d. The all-terrain vehicle is equipped with rear lamps and 4 34 brake lights as described in sections 321.387 and 321.404, and 4 35 if operating during the times specified in section 321.384, 5 1 with two headlamps as described in section 321.385. 5 2 The motor vehicle laws and penalties applicable to 5 3 operators of motor vehicles pursuant to this chapter apply to 5 4 a person operating, on a public highway, an all-terrain 5 5 vehicle registered as a motor vehicle, to the extent 5 6 practically applicable. A violation of a provision of this 5 7 subsection not otherwise punishable under this chapter is 5 8 punishable as a scheduled violation under section 805.8A, 5 9 subsection 3, paragraph "f". 5 10 Registration and operation of an all-terrain vehicle under 5 11 this subsection does not constitute an exemption from the 5 12 provisions of chapter 321G. 5 13 Sec. 8. Section 321G.8, unnumbered paragraph 1, Code 2003, 5 14 is amended to read as follows: 5 15 Registration under this chapter shall not be required for 5 16 the following described all-terrain vehicles and snowmobiles: 5 17 Sec. 9. Section 321G.8, subsection 5, Code 2003, is 5 18 amended to read as follows: 5 19 5. All-terrain vehicles used in accordance with section 5 20 321.234A, subsection 1. 5 21 EXPLANATION 5 22 This bill modifies the prohibition on operation of all- 5 23 terrain vehicles on public highways by authorizing their 5 24 operation in cities with a population of less than 2,000 under 5 25 certain conditions. The person operating an all-terrain 5 26 vehicle in such a city must be at least 18 years of age and 5 27 licensed as a motor vehicle driver. The operator must be 5 28 covered by liability insurance or other financial liability 5 29 coverage in effect for the vehicle being operated. 5 30 The all-terrain vehicle must be equipped with rear lamps 5 31 and brake lights, and with two headlamps if conditions 5 32 warrant. The vehicle is required to be registered as a motor 5 33 vehicle under Code chapter 321. The all-terrain vehicle must 5 34 display registration plates of a size and design to be 5 35 established by the state department of transportation. The 6 1 annual fee for registration of an all-terrain vehicle as a 6 2 motor vehicle is $20. 6 3 A person operating an all-terrain vehicle registered as a 6 4 motor vehicle on city streets would be subject to the same 6 5 laws and penalties, including scheduled fines, that apply to 6 6 drivers of other motor vehicles, to the extent practically 6 7 applicable. A violation of a provision of law uniquely 6 8 applicable to an all-terrain vehicle being operated as a motor 6 9 vehicle, not otherwise punishable as a motor vehicle offense, 6 10 would be a simple misdemeanor punishable by a scheduled fine 6 11 of $50. 6 12 Registration of an all-terrain vehicle for the purpose of 6 13 operating it on city streets would not exempt the owner from 6 14 the registration and regulation requirements administered by 6 15 the department of natural resources. 6 16 LSB 1386YH 80 6 17 dea/cl/14.1
Text: HF00197 Text: HF00199 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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