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PAG LIN 1 1 Section 1. Section 321G.1, subsection 1, Code 2003, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 1. "All-terrain vehicle" means the same as defined in 1 5 section 321I.1. 1 6 Sec. 2. Section 321G.1, subsections 4, 7, 10, 11, 12, 15, 1 7 and 17, Code 2003, are amended to read as follows: 1 8 4. "Dealer" means a person engaged in the business of 1 9 buying, selling, or exchangingall-terrain vehicles or1 10 snowmobiles required to be registered under this chapter and 1 11 who has an established place of business for that purpose in 1 12 this state. 1 13 7. "Manufacturer" means a person engaged in the business 1 14 of constructing or assemblingall-terrain vehicles or1 15 snowmobiles required to be registered under this chapter and 1 16 who has an established place of business for that purpose in 1 17 this state. 1 18 10. "Operate" means to ride in or on, other than as a 1 19 passenger, use, or control the operation ofan all-terrain1 20vehicle ora snowmobile in any manner, whether or not theall-1 21terrain vehicle orsnowmobile is moving. 1 22 11. "Operator" means a person who operates or is in actual 1 23 physical control ofan all-terrain vehicle ora snowmobile. 1 24 12. "Owner" means a person, other than a lienholder, 1 25 having the property right in or title toan all-terrain1 26vehicle ora snowmobile. The term includes a person entitled 1 27 to the use or possession ofan all-terrain vehicle ora 1 28 snowmobile subject to an interest in another person, reserved 1 29 or created by agreement and securing payment or performance of 1 30 an obligation, but the term excludes a lessee under a lease 1 31 not intended as security. 1 32 15. "Railroad right-of-way"shall meanmeans the full 1 33 width of property owned, leased, or subject to easement for 1 34 railroad purposes andshall not beis not limited to those 1 35 areas on which tracks are located. 2 1 17. "Safety certificate" meansan all-terrain vehicle ora 2 2 snowmobile safety certificate issued by the commission to a 2 3 qualified applicant who is twelve years of age or more. 2 4 Sec. 3. Section 321G.2, Code 2003, is amended to read as 2 5 follows: 2 6 321G.2 RULES. 2 7 The commission may adopt rules for the following purposes: 2 8 1. Registration and titling ofall-terrain vehicles and2 9 snowmobiles. 2 10 2. Use ofall-terrain vehicles andsnowmobiles as far as 2 11 game and fish resources or habitats are affected. 2 12 3. Use ofall-terrain vehicles andsnowmobiles on public 2 13 lands under the jurisdiction of the commission. 2 14 4. Use ofall-terrain vehicles andsnowmobiles on any 2 15 waters of the state under the jurisdiction of the commission, 2 16 while the waters are frozen. 2 17 5.EstablishEstablishment of a program of grants, 2 18 subgrants, and contracts to be administered by the department 2 19 for the development and delivery of certified courses of 2 20 instruction for the safe use and operation ofall-terrain2 21vehicles andsnowmobiles by political subdivisions and 2 22 incorporated private organizations. 2 23 6. Issuance of safety certificates. 2 24 7. Issuance of competition registrations and the 2 25 participation ofall-terrain vehicles andsnowmobiles so 2 26 registered in special events. 2 27 The director of transportation may adopt rules not 2 28 inconsistent with this chapter regulating the use ofall-2 29terrain vehicles andsnowmobiles on streets and highways. 2 30 Cities may designate streets under the jurisdiction of cities 2 31 within their respective corporate limits which may be used for 2 32 snowmobilingand the sport of driving all-terrain vehicles. 2 33 In adopting the rules, consideration shall be given to the 2 34 need to protect the environment and the public health, safety, 2 35 and welfare; to protect private property, public parks, and 3 1 other public lands; to protect wildlife and wildlife habitat; 3 2 and to promote uniformity of rules relating to the use, 3 3 operation, and equipment ofall-terrain vehicles and3 4 snowmobiles. The rules shall be in conformance with chapter 3 5 17A. 3 6 Sec. 4. Section 321G.3, Code 2003, is amended to read as 3 7 follows: 3 8 321G.3 REGISTRATION AND NUMBERING REQUIRED. 3 9 1. Eachall-terrain vehicle andsnowmobile used on public 3 10 land or ice of this state shall be currently registered and 3 11 numbered. A person shall not operate, maintain, or give 3 12 permission for the operation or maintenance ofan all-terrain3 13vehicle ora snowmobile on public land or ice unless theall-3 14terrain vehicle orsnowmobile is numbered in accordance with 3 15 this chapter, or in accordance with applicable federal laws, 3 16 or in accordance with an approved numbering system of another 3 17 state, and unless the identifying number set forth in the 3 18 registration is displayed as prescribed by rules of the 3 19 commission. 3 20 2. A registration number shall be assigned, without 3 21 payment of fee, toall-terrain vehicles andsnowmobiles owned 3 22 by the state of Iowa or its political subdivisions upon 3 23 application for the number, and the assigned registration 3 24 number shall be displayed on theall-terrain vehicle or3 25 snowmobile as required under section 321G.5. A registration 3 26 number and certificate shall be assigned, without payment of 3 27 fee, toan all-terrain vehicle ora snowmobile which is exempt 3 28 from registration but is being titled. A decal displaying an 3 29 audit number shall not be issued and the registration shall 3 30 not expire while theall-terrain vehicle orsnowmobile is 3 31 exempt. The application for registration shall indicate the 3 32 reason for exemption from the fee. The registration 3 33 certificate shall indicate the reason for exemption. 3 34 Sec. 5. Section 321G.4, Code 2003, is amended to read as 3 35 follows: 4 1 321G.4 REGISTRATION WITH COUNTY RECORDER – FEE. 4 2 The owner of eachall-terrain vehicle orsnowmobile 4 3 required to be numbered shall register it every two years with 4 4 the county recorder of the county in which the owner resides 4 5 or, if the owner is a nonresident, the owner shall register it 4 6 in the county in which theall-terrain vehicle orsnowmobile 4 7 is principally used. The commission has supervisory 4 8 responsibility over the registration ofall-terrain vehicles4 9andsnowmobiles and shall provide each county recorder with 4 10 registration forms and certificates and shall allocate 4 11identificationregistration numbers to each county. 4 12 The owner of theall-terrain vehicle orsnowmobile shall 4 13 file an application for registration with the appropriate 4 14 county recorder on forms provided by the commission. The 4 15 application shall be completed and signed by the ownerof the4 16all-terrain vehicle or snowmobileand shall be accompanied by 4 17 a fee of twenty-five dollars and a writing fee.An all-4 18terrain vehicle or aA snowmobile shall not be registered by 4 19 the county recorder until the county recorder is presented 4 20 with receipts, bills of sale, or other satisfactory evidence 4 21 that the sales or use tax has been paid for the purchase of 4 22 theall-terrain vehicle orsnowmobile or that the owner is 4 23 exempt from paying the tax.However, an owner of an all-4 24terrain vehicle, except an all-terrain vehicle purchased new4 25on or after January 1, 1990, may apply for registration4 26without proof of sales or use tax paid until one year after4 27January 1, 1990. An all-terrain vehicle orA snowmobile that 4 28 has an expired registration certificate from another state may 4 29 be registered in this state upon proper application, payment 4 30 of all applicable registration and writing fees, and payment 4 31 of a penalty of five dollars. 4 32 Upon receipt of the application in approved form 4 33 accompanied by the required fees, the county recorder shall 4 34 enter it upon the records and shall issue to the applicant a 4 35 pocket-size registration certificate. The certificate shall 5 1 be executed in triplicate, one copy to be delivered to the 5 2 owner, one copy to the commission, and one copy to be retained 5 3 on file by the county recorder. The registration certificate 5 4 shall bear the number awarded to theall-terrain vehicle or5 5 snowmobile and the name and address of the owner. The 5 6 registration certificate shall be carried either in theall-5 7terrain vehicle orsnowmobile or on the person of the operator 5 8 of themachinesnowmobile when in use. The operator ofan5 9all-terrain vehicle ora snowmobile shall exhibit the 5 10 registration certificate to a peace officer upon request, to a 5 11 person injured in an accident involvingan all-terrain vehicle5 12ora snowmobile,orto the owner or operator of anotherall-5 13terrain vehicle orsnowmobile or the owner of personal or real 5 14 property when theall-terrain vehicle orsnowmobile is 5 15 involved in a collision or accident of any nature with another 5 16all-terrain vehicle orsnowmobile or the property of another 5 17 person, or to the property owner or tenant when theall-5 18terrain vehicle orsnowmobile is being operated on private 5 19 property without permission from the property owner or tenant. 5 20 Ifan all-terrain vehicle ora snowmobile is placed in 5 21 storage, the owner shall return the current registration 5 22 certificate to the county recorder with an affidavit stating 5 23 that theall-terrain vehicle orsnowmobile is placed in 5 24 storage and the effective date of storage. The county 5 25 recorder shall notify the commission of eachall-terrain5 26vehicle orsnowmobile placed in storage. When the owner of a 5 27 storedall-terrain vehicle orsnowmobile desires to renew the 5 28 registration, the owner shall make application to the county 5 29 recorder and pay the registration and writing fees without 5 30 penalty. A refund of the registration fee shall not be 5 31 allowed for a storedall-terrain vehicle orsnowmobile. 5 32 Sec. 6. Section 321G.5, Code 2003, is amended to read as 5 33 follows: 5 34 321G.5 DISPLAY OF IDENTIFICATION NUMBERS. 5 35 The owner shall display the identification number onan6 1all-terrain vehicle ora snowmobile in the manner prescribed 6 2 by the rules of the commission. 6 3 Sec. 7. Section 321G.6, Code 2003, is amended to read as 6 4 follows: 6 5 321G.6 REGISTRATION – RENEWAL – TRANSFER. 6 6 1. a. Everyall-terrain vehicle orsnowmobile 6 7 registration certificate and number issued expires at midnight 6 8 December 31, and renewals expire every two years thereafter 6 9 unless sooner terminated or discontinued in accordance with 6 10 this chapter. After the first day of September each even- 6 11 numbered year, an unregisteredall-terrain vehicle or6 12 snowmobile and renewals may be registered for the subsequent 6 13 biennium beginning January 1.An all-terrain vehicle orA 6 14 snowmobile registered between January 1 and September 1 of 6 15 even-numbered years shall be registered for a fee of twelve 6 16 dollars and fifty cents for the remainder of the registration 6 17 period. 6 18 b. After the first day of September in even-numbered years 6 19 an unregisteredall-terrain vehicle orsnowmobile may be 6 20 registered for the remainder of the current registration 6 21 period and for the subsequent registration period in one 6 22 transaction. The fee shall be five dollars for the remainder 6 23 of the current period, in addition to the registration fee of 6 24 twenty-five dollarsfor an all-terrain vehicle and twenty-five6 25dollars for a snowmobilefor the subsequent biennium beginning 6 26 January 1, and a writing fee. Registration certificates and 6 27 numbers may be renewed upon application of the owner in the 6 28 same manner as provided in securing the original registration. 6 29 Theall-terrain vehicle orsnowmobile registration fee is in 6 30 lieu of personal property tax for each year of the 6 31 registration. 6 32 2. An expiredall-terrain vehicle or snowmobile6 33 registration may be renewed for the same fee as if the owner 6 34 is securing the original registration plus a penalty of five 6 35 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 3. When a person, after registeringan all-terrain vehicle7 5ora snowmobile, moves from the address shown on the 7 6 registration certificate, the person shall, within ten days, 7 7 notify the county recorder in writing of the move and the 7 8 person's new address. 7 9 4. Upon the transfer of ownership ofan all-terrain7 10vehicle ora snowmobile, the owner shall complete the form on 7 11 the back of the title, if any, and registration, if any, and 7 12 deliver both to the purchaser or transferee when theall-7 13terrain vehicle orsnowmobile is delivered. If theall-7 14terrain vehicle orsnowmobile is not titled, the owner shall 7 15 complete the form on the back of the current registration 7 16 certificate and shall deliver the certificate to the purchaser 7 17 or transferee at the time of delivering theall-terrain7 18vehicle orsnowmobile. If theall-terrain vehicle or7 19 snowmobile has not been titled and has not been registered, 7 20 the owner shall deliver an affidavit for an unregistered and 7 21 untitledall-terrain vehicle orsnowmobile to the purchaser or 7 22 transferee. The purchaser or transferee shall, within thirty 7 23 days of transfer, file a new application form with the county 7 24 recorder with a fee of one dollar and the writing fee, and a 7 25 transfer of number shall be awarded in the same manner as 7 26 provided in an original registration. If the purchaser or 7 27 transferee does not file a new application form within thirty 7 28 days of transfer, the transfer of number shall be awarded upon 7 29 payment of all applicable fees plus a penalty of five dollars. 7 30 All registrations must be valid for the current 7 31 registration period prior to the transfer of any registration, 7 32 including assignment to a dealer. 7 33 5. Duplicate registrations may be issued upon application 7 34thereforeto the county recorder and the payment of the same 7 35 fees collected for the transfer of registrations. 8 1A motorcycle, as defined in section 321.1, subsection 40,8 2paragraph "a", may be registered as an all-terrain vehicle as8 3provided in this section. A motorcycle registered as an all-8 4terrain vehicle may participate in all programs established8 5for all-terrain vehicles under this chapter except for the8 6safety instruction and certification program.8 7 Sec. 8. Section 321G.7, Code 2003, is amended to read as 8 8 follows: 8 9 321G.7 FEES REMITTED TO COMMISSION – APPROPRIATION. 8 10 Within ten days after the end of each month, a county 8 11 recorder shall remit to the commission theall-terrain vehicle8 12andsnowmobile fees collected by the recorder during the 8 13 previous month. Before January 10 of odd-numbered years, a 8 14 recorder shall remit unused license forms from the previous 8 15 biennium to the commission. 8 16 The department shall remit the fees to the treasurer of 8 17 state, who shall place the money in a specialconservation8 18 snowmobile fund. The money is appropriated to the department 8 19 for theall-terrain vehicle andsnowmobile programs of the 8 20 state.All-terrain vehicle fees shall be used only for all-8 21terrain vehicle programs and snowmobile fees shall be used8 22only for snowmobile programs. Joint programs shall be8 23supported from both types of fees on a usage basis.Theall-8 24terrain vehicle and snowmobileprograms shall include grants, 8 25 subgrants, contracts, or cost-sharing ofall-terrain vehicle8 26andsnowmobile programs with political subdivisions or 8 27 incorporated private organizations or both in accordance with 8 28 rules adopted by the commission.All all-terrain vehicle8 29programs using cost-sharing, grants, subgrants, or contracts8 30shall establish and implement a safety instruction program8 31either singly or in cooperation with other all-terrain vehicle8 32programs.Snowmobile fees may be used to support joint all- 8 33 terrain vehicle and snowmobile programs on a usage basis. At 8 34 least fifty percent of the special fund shall be available for 8 35 political subdivisions or incorporated private organizations 9 1 or both. Moneys from the special fund not used by the 9 2 political subdivisions or incorporated private organizations 9 3 or both shall remain in theall-terrain vehicle or snowmobile9 4accounts. Thefund and may be used by the departmentmay use9 5funds from these accountsfor the administration of theall-9 6terrain vehicle andsnowmobile programs. 9 7 Sec. 9. Section 321G.8, Code 2003, is amended to read as 9 8 follows: 9 9 321G.8 EXEMPT VEHICLES. 9 10 Registration shall not be required for the following 9 11 describedall-terrain vehicles andsnowmobiles: 9 12 1.All-terrain vehicles and snowmobilesSnowmobiles owned 9 13 and used by the United States, another state, or a political 9 14 subdivision of another state. 9 15 2.All-terrain vehicles and snowmobilesSnowmobiles 9 16 registered in a country other than the United States used 9 17 within this state for not more than twenty consecutive days. 9 18 3.All-terrain vehicles and snowmobilesSnowmobiles 9 19 covered by a valid license of another state and which have not 9 20 been within this state for more than twenty consecutive days. 9 21 4.All-terrain vehicles and snowmobilesSnowmobiles not 9 22 registered or licensed in another state or country being used 9 23 in this state while engaged in a special event and not 9 24 remaining in the state for a period of more than ten days. 9 255. All-terrain vehicles used in accordance with section9 26321.234A.9 276.5. Snowmobilesand all-terrain vehiclesused 9 28 exclusively as farm implements. 9 29 Sec. 10. Section 321G.9, unnumbered paragraph 1, Code 9 30 2003, is amended to read as follows: 9 31 A person shall not operatean all-terrain vehicle ora 9 32 snowmobile upon roadways or highways, as defined in section 9 33 321.1, except as provided insection 321.234A andthis 9 34 chapter. 9 35 Sec. 11. Section 321G.9, subsections 1, 2, and 3, Code 10 1 2003, are amended to read as follows: 10 2 1.An all-terrain vehicle orA snowmobile shall not be 10 3 operated at any time within theright of wayright-of-way of 10 4 any interstate highway or freeway within this state except 10 5under either of the following circumstances:10 6a. As provided in section 321.234A.10 7b. Whenwhen using an underpass located on an interstate 10 8 highway or freeway if all of the following apply: 10 9(1)a. The underpass has been abandoned and is no longer 10 10 being used by motor vehicles or trains. 10 11(2)b. Use of the underpass is the only alternative to the 10 12 use of a traveled roadway. 10 13(3)c. Notwithstanding the provisions of chapter 321, use 10 14 of the underpass does not conflict with any rules or 10 15 regulations adopted by a federal governmental entity or this 10 16 state or a political subdivision of this state. 10 17 2.An all-terrain vehicle orA snowmobile may make a 10 18 direct crossing of a street or highway provided all of the 10 19 following occur: 10 20 a. The crossing is made at an angle of approximately 10 21 ninety degrees to the direction of the highway and at a place 10 22 where no obstruction prevents a quick and safe crossing; and. 10 23 b. Theall-terrain vehicle orsnowmobile is brought to a 10 24 complete stop before crossing the shoulder or main traveled 10 25 way of the highway; and. 10 26 c. The driver yields theright of wayright-of-way to all 10 27 oncoming traffic which constitutes an immediate hazard; and. 10 28 d. In crossing a divided highway, the crossing is made 10 29 only at an intersection of such highway with another public 10 30 street or highway. 10 31 3.An all-terrain vehicle orA snowmobile shall not be 10 32 operated on public highways under any of the following 10 33 conditions: 10 34 a. On the roadway portion of a highway and adjacent 10 35 shoulder, or at least five feet on either side of the roadway, 11 1 except as provided in subsection 4of this section, and. 11 2 b. On limited access highways and approaches, and. 11 3 c. For racing any moving object, and. 11 4 d. Abreast with one or more otherall-terrain vehicles or11 5 snowmobiles or all-terrain vehicles on a city highway. 11 6 Sec. 12. Section 321G.9, subsection 4, unnumbered 11 7 paragraph 1, Code 2003, is amended to read as follows: 11 8 A registeredall-terrain vehicle orsnowmobile may be 11 9 operated under the following conditions: 11 10 Sec. 13. Section 321G.9, subsection 4, paragraph d, Code 11 11 2003, is amended to read as follows: 11 12 d. On the roadways of that portion of county highways 11 13 designated by the county board of supervisors for such use 11 14 during a specified period. The county board of supervisors 11 15 shall evaluate the traffic conditions on all county highways 11 16 and designate roadways on whichall-terrain vehicles or11 17 snowmobiles may be operated for the specified period without 11 18 unduly interfering with or constituting an undue hazard to 11 19 conventional motor vehicle traffic. Signs warning of the 11 20 operation ofall-terrain vehicles orsnowmobiles on the 11 21 roadway shall be placed and maintained on the portions of 11 22 highway thus designated during the period specified for the 11 23 operation. 11 24 Sec. 14. Section 321G.9, subsection 4, paragraph f, Code 11 25 2003, is amended by striking the paragraph. 11 26 Sec. 15. Section 321G.9, subsections 6 and 7, Code 2003, 11 27 are amended to read as follows: 11 28 6. a.An all-terrain vehicle orA snowmobile shall not be 11 29 operated on or across a public highway by a person under 11 30 sixteen years of age who does not have in the person's 11 31 possession a safety certificate issued to the person pursuant 11 32 to this chapter. 11 33 b. A person twelve to fifteen years of age and possessing 11 34 a valid safety certificate must be under the direct 11 35 supervision of a parent, guardian, or another adult authorized 12 1 by the parent or guardian, who is experienced inall-terrain12 2vehicle orsnowmobile operation, and who possesses a valid 12 3 driver's license as defined in section 321.1, or a safety 12 4 certificate issued under this chapter. 12 5 7.An all-terrain vehicle orA snowmobile shall not be 12 6 operated within theright of wayright-of-way of a primary 12 7 highway between the hours of sunset and sunrise except on the 12 8 right-hand side of theright of wayright-of-way and in the 12 9 same direction as the motor vehicular traffic on the nearest 12 10 lane of traveled portion of theright of wayright-of-way. 12 11 Sec. 16. Section 321G.10, Code 2003, is amended to read as 12 12 follows: 12 13 321G.10 ACCIDENT REPORTS. 12 14 Ifan all-terrain vehicle ora snowmobile is involved in an 12 15 accident resulting in injury or death to anyone or property 12 16 damage amounting to two hundred dollars or more, either the 12 17 operator or someone acting for the operator shall immediately 12 18 notify the county sheriff or another law enforcement agency in 12 19 the state. The operator shall file with the commission a 12 20 report of the accident, within forty-eight hours, containing 12 21 information as the commission may require. 12 22 Sec. 17. Section 321G.11, subsections 1 and 2, Code 2003, 12 23 are amended to read as follows: 12 24 1.An all-terrain vehicle orA snowmobile shall not be 12 25 operated without suitable and effective muffling devices which 12 26 limit engine noise to not more than eighty-six decibels as 12 27 measured on the "A" scale at a distance of fifty feet; and a 12 28 snowmobile, manufactured after July 1, 1973, which is sold, 12 29 offered for sale, or used in this state, except in an 12 30 authorized special event, shall have a muffler system that 12 31 limits engine noise to not more than eighty-two decibels as 12 32 measured on the "A" scale at a distance of fifty feet. 12 33 2. The commission may adopt rules with respect to the 12 34 inspection ofall-terrain vehicles andsnowmobiles and testing 12 35 oftheirsnowmobile mufflers. 13 1 Sec. 18. Section 321G.12, Code 2003, is amended to read as 13 2 follows: 13 3 321G.12HEAD LAMPHEADLAMP – TAIL LAMP – BRAKES. 13 4Every all-terrain vehicle operated during the hours of13 5darkness shall display a lighted head lamp and tail lamp.13 6 Every snowmobile shall be equipped with at least onehead lamp13 7 headlamp and one tail lamp. Everyall-terrain vehicle and13 8 snowmobile shall be equipped with brakes. 13 9 Sec. 19. Section 321G.13, subsection 1, unnumbered 13 10 paragraph 1, Code 2003, is amended to read as follows: 13 11 A person shall not drive or operatean all-terrain vehicle13 12ora snowmobile: 13 13 Sec. 20. Section 321G.13, subsection 1, paragraphs g and 13 14 h, Code 2003, are amended to read as follows: 13 15 g. In or on any park or fish and game areas except on 13 16 designatedall-terrain vehicle orsnowmobile trails. 13 17 h. Upon an operating railroad right-of-way.An all-13 18terrain vehicle orA snowmobile may be driven directly across 13 19 a railroad right-of-way only at an established crossing and, 13 20 notwithstanding any other provisions of law, may, if 13 21 necessary, use the improved portion of the established 13 22 crossing after yielding to all oncoming traffic. This 13 23 paragraph does not apply to a law enforcement officer or 13 24 railroad employee in the lawful discharge of the officer's or 13 25 employee's duties or to an employee of a utility with 13 26 authority to enter upon the railroad right-of-way in the 13 27 lawful performance of the employee's duties. 13 28 Sec. 21. Section 321G.13, subsection 2, Code 2003, is 13 29 amended to read as follows: 13 30 2. A person shall not operate or ride inan all-terrain13 31vehicle ora snowmobile with a firearm in the person's 13 32 possession unless it is unloaded and enclosed in a carrying 13 33 case. However, a nonambulatory person may carry an uncased 13 34 and unloaded firearm while operating or ridingan all-terrain13 35vehicle ora snowmobile. 14 1 Sec. 22. Section 321G.13, subsection 3, Code 2003, is 14 2 amended by striking the subsection. 14 3 Sec. 23. Section 321G.14, Code 2003, is amended to read as 14 4 follows: 14 5 321G.14 PENALTY. 14 6 Any person whoshall violate any provision ofviolates this 14 7 chapter orany regulationa rule of the commission or director 14 8 of transportationshall beis guilty of a simple misdemeanor. 14 9 Chapter 232 shall have no application in the prosecution of 14 10 offenses which are committed in violation of this chapter, and 14 11 which constitute simple misdemeanors. 14 12 Sec. 24. Section 321G.15, Code 2003, is amended to read as 14 13 follows: 14 14 321G.15 OPERATION PENDING REGISTRATION. 14 15 The commission shall furnish snowmobileand all-terrain14 16vehicledealers with pasteboard cards bearing the words 14 17 "registration applied for" and space for the date of purchase. 14 18 An unregisteredall-terrain vehicle orsnowmobile sold by a 14 19 dealer shall bear one of these cards which entitles the 14 20 purchaser to operate it for ten days immediately following the 14 21 purchase. The purchaser of a registeredall-terrain vehicle14 22orsnowmobile may operate it for ten days immediately 14 23 following the purchase, without having completed a transfer of 14 24 registration. A snowmobileor all-terrain vehicledealer 14 25 shall make application and pay all registration and title fees 14 26 if applicable on behalf of the purchaser of a snowmobileor14 27all-terrain vehicle. 14 28 Sec. 25. Section 321G.16, Code 2003, is amended to read as 14 29 follows: 14 30 321G.16 SPECIAL EVENTS. 14 31 The department may authorize the holding of organized 14 32 special events as defined in this chapter within this state. 14 33 The department shall adopt rules relating to the conduct of 14 34 special events held under department permits and designating 14 35 the equipment and facilities necessary for safe operation of 15 1all-terrain vehicles andsnowmobiles or for the safety of 15 2 operators, participants, and observers in the special events. 15 3A special event for all-terrain vehicles may include15 4motorcycles upon payment of an entrance fee set by the15 5organizer of the special event. The department may require15 6that part of the motorcycle entrance fee be credited to pay15 7costs of all-terrain vehicle programs authorized pursuant to15 8section 321G.7.At least thirty days before the scheduled 15 9 date of a special event in this state, an application shall be 15 10 filed with the department for authorization to conduct the 15 11 special event. The application shall set forth the date, 15 12 time, and location of the proposed special event and any other 15 13 information the department requires. The special event shall 15 14 not be conducted without written authorization of the 15 15 department. Copies of the rules shall be furnished by the 15 16 department to any person making an application. 15 17 Sec. 26. Section 321G.17, Code 2003, is amended to read as 15 18 follows: 15 19 321G.17 VIOLATION OF "STOP" SIGNAL. 15 20 A person, after having received a visual or audible signal 15 21 from a peace officer to come to a stop, shall not operatean15 22all-terrain vehicle ora snowmobile in willful or wanton 15 23 disregard of the signal or interfere with or endanger the 15 24 officer or any other person or vehicle, or increase speed or 15 25 attempt to flee or elude the officer. 15 26 Sec. 27. Section 321G.18, Code 2003, is amended to read as 15 27 follows: 15 28 321G.18 NEGLIGENCE. 15 29 The owner and operator ofan all-terrain vehicle ora 15 30 snowmobile are liable for any injury or damage occasioned by 15 31 the negligent operation of theall-terrain vehicle or15 32 snowmobile. The owner ofan all-terrain vehicle ora 15 33 snowmobile shall be liable for any such injury or damage only 15 34 if the owner was the operator of theall-terrain vehicle or15 35 snowmobile at the time the injury or damage occurred or if the 16 1 operator had the owner's consent to operate theall-terrain16 2vehicle orsnowmobile at the time the injury or damage 16 3 occurred. 16 4 Sec. 28. Section 321G.19, Code 2003, is amended to read as 16 5 follows: 16 6 321G.19 RENTED SNOWMOBILESAND ALL-TERRAIN VEHICLES. 16 7 1. The owner of a rentedall-terrain vehicle orsnowmobile 16 8 shall keep a record of the name and address of each person 16 9 renting theall-terrain vehicle orsnowmobile, its 16 10identificationregistration number, the departure date and 16 11 time, and the expected time of return. The records shall be 16 12 preserved for six months. 16 13 2. The owner ofan all-terrain vehicle ora snowmobile 16 14 operated for hire shall not permit the use or operation of a 16 15 rentedall-terrain vehicle orsnowmobile unless it has been 16 16 provided with all equipment required by this chapter or rules 16 17 of the commission or the director of transportation, properly 16 18 installed and in good working order. 16 19 Sec. 29. Section 321G.20, unnumbered paragraph 2, Code 16 20 2003, is amended by striking the unnumbered paragraph. 16 21 Sec. 30. Section 321G.21, subsections 1, 3, 6, 8, 9, and 16 22 10, Code 2003, are amended to read as follows: 16 23 1. A manufacturer, distributor, or dealer owningany all-16 24terrain vehicle ora snowmobile required to be registered 16 25 under this chapter may operate theall-terrain vehicle or16 26 snowmobile for purposes of transporting, testing, 16 27 demonstrating, or selling it without theall-terrain vehicle16 28orsnowmobile being registered, except that a special 16 29 identification number issued to the owner as provided in this 16 30 chapter shall be displayed on theall-terrain vehicle or16 31 snowmobile. The special identification number shall not be 16 32 used onan all-terrain vehicle ora snowmobile offered for 16 33 hire or for any work or service performed by a manufacturer, 16 34 distributor, or dealer. 16 35 3. The commission, upon granting an application, shall 17 1 issue to the applicant a special registration certificate 17 2 containing the applicant's name and address, the general 17 3 identification number assigned to the applicant, the word 17 4 "manufacturer", "dealer", or "distributor", and other 17 5 information the commission prescribes. The manufacturer, 17 6 distributor, or dealer shall have the assigned number printed 17 7 upon or attached to a removable sign or signs which may be 17 8 temporarily but firmly mounted or attached to theall-terrain17 9vehicle orsnowmobile being used. The display shall meet the 17 10 requirements of this chapter and the rules of the commission. 17 11 6. Every manufacturer, distributor, or dealer shall keep a 17 12 written record of theall-terrain vehicles andsnowmobiles 17 13 upon which special registration certificates are used, which 17 14 record shall be open to inspection by any law enforcement 17 15 officer or any officer or employee of the commission. 17 16 8. Dealers using special certificates under this chapter 17 17 shall, before January 10 of each year, furnish the commission 17 18 with a list of all usedall-terrain vehicles andsnowmobiles 17 19 held by them for sale or trade,and upon which the 17 20 registration fee for the current year has not been paid, 17 21 giving the previous registration number, name of previous 17 22 owner at the time theall-terrain vehicle orsnowmobile was 17 23 transferred to the dealer, and other information the 17 24 commission requires. 17 25 9. If the purchaser or transferee ofan all-terrain17 26vehicle ora snowmobile is a dealer who holds the same for 17 27 resale and operates theall-terrain vehicle orsnowmobile only 17 28 for purposes incidental to a resale and displays the special 17 29 dealer's certificate, or does not operate theall-terrain17 30vehicle orsnowmobile or permit it to be operated, the 17 31 transferee is not required to obtain a new registration 17 32 certificate but upon transferring title or interest to another 17 33 person shall sign the reverse side of the title, if any, and 17 34 the registration certificate of theall-terrain vehicle or17 35 snowmobile indicating the name and address of the new 18 1 purchaser. A dealer shall make application and pay all 18 2 registration and title fees if applicable on behalf of the 18 3 purchaser ofan all-terrain vehicle ora snowmobile. The 18 4 recorder shall award a transfer of the registration number. 18 5 If the registration has expired while in the dealer's 18 6 possession, the purchaser may renew the registration for the 18 7 same fee and writing fee as if the purchaser is securing the 18 8 original registration. 18 9 10. When a dealer purchases or otherwise acquiresan all-18 10terrain vehicle ora snowmobile registered in this state, the 18 11 dealer shall issue a signed receipt to the previous owner, 18 12 indicating the date of purchase or acquisition, the name and 18 13 address of the previous owner, and the registration number of 18 14 theall-terrain vehicle orsnowmobile purchased or acquired. 18 15 The original receipt shall be delivered to the previous owner 18 16 and one copy shall be mailed or delivered by the dealer to the 18 17 county recorder of the county in which theall-terrain vehicle18 18orsnowmobile is registered, and one copy shall be delivered 18 19 to the commission within forty-eight hours. 18 20 Sec. 31. Section 321G.22, Code 2003, is amended to read as 18 21 follows: 18 22 321G.22 LIMITATION OF LIABILITY BY PUBLIC BODIES AND 18 23 ADJOINING OWNERS. 18 24 The state, its political subdivisions, and the owners or 18 25 tenants of property adjoining public lands or theright of way18 26 right-of-way of a public highway and their agents and 18 27 employees owe no duty of care to keep the public lands, 18 28 ditches, or land contiguous to a highway or roadway under the 18 29 control of the state or a political subdivision safe for entry 18 30 or use by persons operatingan all-terrain vehicle ora 18 31 snowmobile, or to give any warning of a dangerous condition, 18 32 use, structure, or activity on the premises to persons 18 33 entering for such purposes, except in the case of willful or 18 34 malicious failure to guard or warn against a dangerous 18 35 condition, use, structure, or activity. The state, its 19 1 political subdivisions, and the owners or tenants of property 19 2 adjoining public lands or theright of wayright-of-way of a 19 3 public highway,and their agents and employees are not liable 19 4 for actions taken to allow or facilitate the use of public 19 5 lands, ditches, or land contiguous to a highway or roadway 19 6 except in the case of a willful or malicious failure to guard 19 7 or warn against a dangerous condition, use, structure, or 19 8 activity. 19 9 This section does not create a duty of care or ground of 19 10 liability on behalf of the state, its political subdivisions, 19 11 or the owners or tenants of property adjoining public lands or 19 12 theright of wayright-of-way of a public highway and their 19 13 agents and employees for injury to persons or property in the 19 14 operation ofall-terrain vehicles orsnowmobiles in a ditch or 19 15 on land contiguous to a highway or roadway under the control 19 16 of the state or a political subdivision. The state, its 19 17 political subdivisions, and the owners or tenants of property 19 18 adjoining public lands or theright of wayright-of-way of a 19 19 public highway and their agents and employees are not liable 19 20 for the operation ofan all-terrain vehicle ora snowmobile in 19 21 violation of this chapter. 19 22 Sec. 32. Section 321G.23, subsections 1 and 4, Code 2003, 19 23 are amended to read as follows: 19 24 1. The commission shall provide, by rules adopted pursuant 19 25 to section 321G.2, for the establishment of certified courses 19 26 of instruction to be conducted throughout the state for the 19 27 safe use and operation ofall-terrain vehicles and19 28 snowmobiles. The curriculum shall include instruction in the 19 29 lawful and safe use, operation, and equipping ofall-terrain19 30vehicles andsnowmobiles consistent with this chapter and 19 31 rules adopted by the commission and the director of 19 32 transportation and other matters the commission deems 19 33 pertinent for a qualifiedall-terrain vehicle orsnowmobile 19 34 operator. 19 35 4. The commission shall provide safety material relating 20 1 to the operation ofall-terrain vehicles andsnowmobiles for 20 2 the use of nonpublic or public elementary and secondary 20 3 schools in this state. 20 4 Sec. 33. Section 321G.24, subsections 1, 4, and 5, Code 20 5 2003, are amended to read as follows: 20 6 1. A person under eighteen years of age shall not operate 20 7 a snowmobile on public land or land purchased with snowmobile 20 8 registration funds in this state without obtaining a valid 20 9 safety certificate issued by the department and having the 20 10 certificate in the person's possession, unless the person is 20 11 accompanied on the same snowmobile by a responsible person of 20 12 at least eighteen years of age who is experienced in 20 13 snowmobile operation and possesses a valid driver's license, 20 14 as defined in section 321.1, or a safety certificate issued 20 15 under this chapter.A person under eighteen years of age20 16shall not operate an all-terrain vehicle on public land or20 17land purchased with all-terrain vehicle registration funds in20 18this state without obtaining a valid safety certificate issued20 19by the department and having the certificate in the person's20 20possession.20 21 4. The permit fees collected under this section shall be 20 22 credited to thestate conservationspecial snowmobile fund 20 23 created under section 321G.7 and shall be used for safety and 20 24 educational programs. 20 25 5. A validall-terrain vehicle orsnowmobile safety 20 26 certificate or license issued to a nonresident by a 20 27 governmental authority of another state shall be considered a 20 28 valid certificate or license in this state if the permit or 20 29 license requirements of the governmental authority, excluding 20 30 fees, are substantially the same as the requirements of this 20 31 chapter as determined by the commission. 20 32 Sec. 34. Section 321G.25, Code 2003, is amended to read as 20 33 follows: 20 34 321G.25 STOPPING AND INSPECTING – WARNINGS. 20 35 A peace officer may stop and inspectan all-terrain vehicle21 1ora snowmobile operated, parked, or stored on public streets, 21 2 highways, public lands, or frozen waters of the state to 21 3 determine if theall-terrain vehicle or snowmobile is 21 4 registered, numbered, or equipped as required by this chapter 21 5 and commission rules. The officer shall not inspect an area 21 6 that is not essential to determine compliance with the 21 7 requirements. If the officer determines that theall-terrain21 8vehicle orsnowmobile is not in compliance, the officer may 21 9 issue a warning memorandum to the operator and forward a copy 21 10 to the commission. The warning memorandum shall indicate the 21 11 items found not in compliance and shall direct the owner or 21 12 operator of theall-terrain vehicle orsnowmobile to have the 21 13all-terrain vehicle orsnowmobile in compliance and return a 21 14 copy of the warning memorandum with the proof of compliance to 21 15 the commission within fourteen days. If the proof of 21 16 compliance is not provided within fourteen days, the owner or 21 17 operator is in violation of this chapter. 21 18 Sec. 35. Section 321G.26, Code 2003, is amended to read as 21 19 follows: 21 20 321G.26 TERMINATION OF USE. 21 21 A person who receives a warning memorandum foran all-21 22terrain vehicle ora snowmobile shall stop using theall-21 23terrain vehicle orsnowmobile as soon as possible and shall 21 24 not operate it on public streets, highways, public lands, or 21 25 frozen waters of the state until theall-terrain vehicle or21 26 snowmobile is in compliance. 21 27 Sec. 36. Section 321G.27, Code 2003, is amended to read as 21 28 follows: 21 29 321G.27 WRITING FEES. 21 30 The county recorder shall collect a writing fee of one 21 31 dollar foran all-terrain vehicle ora snowmobile 21 32 registration. 21 33 Sec. 37. Section 321G.28, Code 2003, is amended to read as 21 34 follows: 21 35 321G.28 CONSISTENT LOCAL LAWS – SPECIAL LOCAL RULES. 22 1 1. This chapter and other applicable laws of this state 22 2 shall govern the operation, equipment, numbering, and all 22 3 other matters relating toan all-terrain vehicle ora 22 4 snowmobile when theall-terrain vehicle orsnowmobile is 22 5 operated or maintained in this state. However, this chapter 22 6 does not prevent the adoption of an ordinance or local law 22 7 relating to the operationofor equipment ofall-terrain22 8vehicles orsnowmobiles. The ordinances or local laws are 22 9 operative only so long as they are not inconsistent with this 22 10 chapter or the rules adopted by the commission. 22 11 2. A subdivision of this state, after public notice by 22 12 publication in a newspaper having a general circulation in the 22 13 subdivision, may make formal application to the commission for 22 14 special rules concerning the operation ofall-terrain vehicles22 15orsnowmobiles within the territorial limits of the 22 16 subdivision and shall provide the commission with the reasons 22 17 the special rules are necessary. 22 18 3. The commission, upon application by local authorities 22 19 and in conformity with this chapter, may make special rules 22 20 concerning the operation ofall-terrain vehicles or22 21 snowmobiles within the territorial limits of a subdivision of 22 22 this state. 22 23 Sec. 38. Section 321G.29, Code 2003, is amended to read as 22 24 follows: 22 25 321G.29 OWNER'S CERTIFICATE OF TITLE – IN GENERAL. 22 26 1. The owner of a snowmobile acquired on or after January 22 27 1, 1998,or an all-terrain vehicle acquired on or after22 28January 1, 2000,other than a snowmobileor all-terrain22 29vehicleused exclusively as a farm implement, shall apply to 22 30 the county recorder of the county in which the owner resides 22 31 for a certificate of title for the snowmobileor all-terrain22 32vehicle. The owner of a snowmobileor all-terrain vehicle22 33 used exclusively as a farm implement may obtain a certificate 22 34 of title. A person who owns a snowmobileor all-terrain22 35vehiclethat is not required to have a certificate of title 23 1 may apply for and receive a certificate of title for the 23 2 snowmobileor all-terrain vehicleand, subsequently, the 23 3 snowmobileor all-terrain vehicleshall be subject to the 23 4 requirements of this chapter as if the snowmobileor all-23 5terrain vehiclewere required to be titled. All snowmobiles 23 6or all-terrain vehiclesthat are titled shall be registered. 23 7 2. A certificate of title shall contain the information 23 8 and shall be issued on a form the department prescribes. 23 9 3. An owner of a snowmobileor all-terrain vehicleshall 23 10 apply to the county recorder for issuance of a certificate of 23 11 title within thirty days after acquisition. The application 23 12 shall be on forms the department prescribes and accompanied by 23 13 the required fee. The application shall be signed and sworn 23 14 to before a notary public or other person who administers 23 15 oaths, or shall include a certification signed in writing 23 16 containing substantially the representation that statements 23 17 made are true and correct to the best of the applicant's 23 18 knowledge, information, and belief, under penalty of perjury. 23 19 The application shall contain the date of sale and gross price 23 20 of the snowmobileor all-terrain vehicleor the fair market 23 21 value if no sale immediately preceded the transfer and any 23 22 additional information the department requires. If the 23 23 application is made for a snowmobileor all-terrain vehicle23 24 last previously registered or titled in another state or 23 25 foreign country, the application shall contain this 23 26 information and any other information the department requires. 23 27 4. If a dealer buys or acquires a snowmobileor all-23 28terrain vehiclefor resale, the dealer shall report the 23 29 acquisition to the county recorder on forms provided by the 23 30 department and may apply for and obtain a certificate of title 23 31 as provided in this chapter. If a dealer buys or acquires a 23 32 used snowmobileor all-terrain vehicle, the dealer may apply 23 33 for a certificate of title in the dealer's name within thirty 23 34 days. If a dealer buys or acquires a new snowmobileor all-23 35terrain vehiclefor resale, the dealer may apply for a 24 1 certificate of title in the dealer's name. 24 2 5. A manufacturer or dealer shall not transfer ownership 24 3 of a new snowmobileor new all-terrain vehiclewithout 24 4 supplying the transferee with the manufacturer's or importer's 24 5 certificate of origin signed by the manufacturer's or 24 6 importer's authorized agent. The certificate shall contain 24 7 information the department requires. The department may adopt 24 8 rules providing for the issuance of a certificate of origin 24 9 for a snowmobileor all-terrain vehicleby the department upon 24 10 good cause shown by the owner. 24 11 6. A dealer transferring ownership of a snowmobileor all-24 12terrain vehicleunder this chapter shall assign the title to 24 13 the new owner, or in the case of a new snowmobileor new all-24 14terrain vehicle, assign the certificate of origin. Within 24 15 fifteen days the dealer shall forward all moneys and 24 16 applications to the county recorder. 24 17 7. The county recorder shall maintain a record of any 24 18 certificate of title which the county recorder issues and 24 19 shall keep each certificate of title on record until the 24 20 certificate of title has been inactive for five years. When 24 21 issuing a title for a new snowmobileor new all-terrain24 22vehicle, the county recorder shall obtain and keep on file the 24 23 certificate of origin. When issuing a title and registration 24 24 for a used snowmobileor all-terrain vehiclefor which there 24 25 is no title or registration, the county recorder shall obtain 24 26 and keep on file the affidavit for the unregistered and 24 27 untitled snowmobileor all-terrain vehicle. 24 28 8. Once titled, a person shall not sell or transfer 24 29 ownership of a snowmobileor all-terrain vehiclewithout 24 30 delivering to the purchaser or transferee a certificate of 24 31 title with an assignment on it showing title in the purchaser 24 32 or transferee. A person shall not purchase or otherwise 24 33 acquire a snowmobileor all-terrain vehiclewithout obtaining 24 34 a certificate of title for it in that person's name. 24 35 9. If the county recorder is not satisfied as to the 25 1 ownership of the snowmobile orall-terrain vehicle orthat 25 2 there are no undisclosed security interests in the snowmobile 25 3or all-terrain vehicle, the county recorder may issue a 25 4 certificate of title for the snowmobileor all-terrain vehicle25 5 but, as a condition of such issuance, may require the 25 6 applicant to file with the department a bond in the form 25 7 prescribed by the department and executed by the applicant, 25 8 and also executed by a person authorized to conduct a surety 25 9 business in this state. The form and amount of the bond shall 25 10 be established by rule of the department. The bond shall be 25 11 conditioned to indemnify any prior owner and secured party and 25 12 any subsequent purchaser of the snowmobile orall-terrain25 13vehicle orperson acquiring any security interest in the 25 14 snowmobileor all-terrain vehicle, and their respective 25 15 successors in interest, against any expense, loss, or damage, 25 16 including reasonable attorney fees, by reason of the issuance 25 17 of the certificate of title of the snowmobileor all-terrain25 18vehicle oron account of any defect in or undisclosed security 25 19 interest upon the right, title, and interest of the applicant 25 20 in and to the snowmobileor all-terrain vehicle. Any such 25 21 interested person has a right of action to recover on the bond 25 22 for any breach of its conditions, but the aggregate liability 25 23 of the surety to all persons shall not exceed the amount of 25 24 the bond. The bond shall be returned at the end of three 25 25 years or prior thereto if the snowmobileor all-terrain25 26vehicleis no longer registered in this state and the 25 27 certificate of title is surrendered to the department, unless 25 28 the department has been notified of the pendency of an action 25 29 to recover on the bond. 25 30 10. The county recorder shall transmit a copy of the 25 31 certificate of title to the department, which shall be the 25 32 central repository of title information for snowmobilesand25 33all-terrain vehicles. 25 34 Sec. 39. Section 321G.30, subsection 5, Code 2003, is 25 35 amended to read as follows: 26 1 5. Five dollars of the certificate of title fees collected 26 2 under this section shall be remitted by the county recorder to 26 3 the treasurer of state for deposit in the specialconservation26 4 snowmobile fund created under section 321G.7. The remaining 26 5 five dollars shall be retained by the county and deposited 26 6 into the general fund of the county. 26 7 Sec. 40. Section 321G.31, Code 2003, is amended to read as 26 8 follows: 26 9 321G.31 TRANSFER OR REPOSSESSIONOF SNOWMOBILE OR ALL-26 10TERRAIN VEHICLEBY OPERATION OF LAW. 26 11 1. If ownership of a snowmobileor all-terrain vehicleis 26 12 transferred by operation of law, such as by inheritance, order 26 13 in bankruptcy, insolvency, replevin, or execution sale, the 26 14 transferee, within thirty days after acquiring the right to 26 15 possession of the snowmobileor all-terrain vehicle, shall 26 16 mail or deliver to the county recorder satisfactory proof of 26 17 ownership as the county recorder requires, together with an 26 18 application for a new certificate of title, and the required 26 19 fee. 26 20 2. If a lienholder repossesses a snowmobileor all-terrain26 21vehicleby operation of law and holds it for resale, the 26 22 lienholder shall secure a new certificate of title and shall 26 23 pay the required fee. 26 24 Sec. 41. Section 321G.32, subsection 1, unnumbered 26 25 paragraph 1, Code 2003, is amended to read as follows: 26 26 A security interest created in this state in a snowmobile 26 27or all-terrain vehicleis not perfected until the security 26 28 interest is noted on the certificate of title. 26 29 Sec. 42. Section 321G.32, subsection 1, paragraph b, Code 26 30 2003, is amended to read as follows: 26 31 b. The application fee for a security interest is ten 26 32 dollars. Five dollars of the fee shall be credited to the 26 33 specialconservationsnowmobile fund created under section 26 34 321G.7. The remaining five dollars shall be retained by the 26 35 county and deposited into the general fund of the county. 27 1 Sec. 43. Section 321G.33, Code 2003, is amended to read as 27 2 follows: 27 3 321G.33 VEHICLE IDENTIFICATION NUMBER. 27 4 1. The department may assign a distinguishing number toan27 5all-terrain vehicle ora snowmobile when the serial number on 27 6 theall-terrain vehicle orsnowmobile is destroyed or 27 7 obliterated and issue to the owner a special plate bearing the 27 8 distinguishing number which shall be affixed to theall-27 9terrain vehicle orsnowmobile in a position to be determined 27 10 by the department. Theall-terrain vehicle orsnowmobile 27 11 shall be registered and titled under the distinguishing number 27 12 in lieu of the former serial number. Everyall-terrain27 13vehicle orsnowmobile shall haveana vehicle identification 27 14 number assigned and affixed as required by the department. 27 15 2. The commission shall adopt, by rule, the procedures for 27 16 application and for issuance ofana vehicle identification 27 17 number for homebuiltall-terrain vehicles orsnowmobiles. 27 18 3. A person shall not destroy, remove, alter, cover, or 27 19 deface the manufacturer's vehicle identification number, the 27 20 plate bearing it, or any vehicle identification number the 27 21 department assigns toan all-terrain vehicle ora snowmobile 27 22 without the department's permission. 27 23 4. A person other than a manufacturer who constructs or 27 24 rebuildsan all-terrain vehicle ora snowmobile for which 27 25 there is no legible vehicle identification number shall submit 27 26 to the department an affidavit which describes theall-terrain27 27vehicle orsnowmobile. In cooperation with the county 27 28 recorder, the department shall assignana vehicle 27 29 identification number to theall-terrain vehicle or27 30 snowmobile. The applicant shall permanently affix the vehicle 27 31 identification number to theall-terrain vehicle orsnowmobile 27 32 in a manner that such alteration, removal, or replacement of 27 33 the vehicle identification number would be obvious. 27 34 Sec. 44. NEW SECTION. 321I.1 DEFINITIONS. 27 35 As used in this chapter, unless the context otherwise 28 1 requires: 28 2 1. "All-terrain vehicle" means a motorized flotation-tire 28 3 vehicle with not less than three low-pressure tires, but not 28 4 more than six low-pressure tires, or a two-wheeled off-road 28 5 motorcycle, that is limited in engine displacement to less 28 6 than eight hundred cubic centimeters and in total dry weight 28 7 to less than seven hundred fifty pounds and that has a seat or 28 8 saddle designed to be straddled by the operator and handlebars 28 9 for steering control. 28 10 Two-wheeled off-road motorcycles shall be considered all- 28 11 terrain vehicles only for the purpose of titling and 28 12 registration. An operator of a two-wheeled off-road 28 13 motorcycle is exempt from the safety instruction and 28 14 certification program requirements of sections 321I.23 and 28 15 321I.24. 28 16 2. ""A" scale" means the physical scale marked "A" 28 17 graduated in decibels on a sound level meter which meets the 28 18 requirements of the American national standards institute, 28 19 incorporated, publication S1.4-1961, general purpose sound 28 20 level meters. 28 21 3. "Commission" means the natural resource commission of 28 22 the department. 28 23 4. "Dealer" means a person engaged in the business of 28 24 buying, selling, or exchanging all-terrain vehicles required 28 25 to be registered under this chapter and who has an established 28 26 place of business for that purpose in this state. 28 27 5. "Department" means the department of natural resources. 28 28 6. "Established place of business" means the place 28 29 actually occupied either continuously or at regular periods by 28 30 a dealer or manufacturer where the books and records are kept 28 31 and the dealer's or manufacturer's business is primarily 28 32 transacted. 28 33 7. "Manufacturer" means a person engaged in the business 28 34 of constructing or assembling all-terrain vehicles required to 28 35 be registered under this chapter and who has an established 29 1 place of business for that purpose in this state. 29 2 8. "Nonambulatory person" means an individual with 29 3 paralysis of the lower half of the body with the involvement 29 4 of both legs, usually caused by disease of or injury to the 29 5 spinal cord, or caused by the loss of both legs or the loss of 29 6 a part of both legs. 29 7 9. "Operate" means to ride in or on, other than as a 29 8 passenger, use, or control the operation of an all-terrain 29 9 vehicle in any manner, whether or not the all-terrain vehicle 29 10 is moving. 29 11 10. "Operator" means a person who operates or is in actual 29 12 physical control of an all-terrain vehicle. 29 13 11. "Owner" means a person, other than a lienholder, 29 14 having the property right in or title to an all-terrain 29 15 vehicle. The term includes a person entitled to the use or 29 16 possession of an all-terrain vehicle subject to an interest in 29 17 another person, reserved or created by agreement and securing 29 18 payment or performance of an obligation, but the term excludes 29 19 a lessee under a lease not intended as security. 29 20 12. "Person" means an individual, partnership, firm, 29 21 corporation, association, and the state, its agencies, and 29 22 political subdivisions. 29 23 13. "Public land" means land owned by the federal 29 24 government, the state, or political subdivisions of the state 29 25 and land acquired or developed for public recreation pursuant 29 26 to section 321I.7. 29 27 14. "Railroad right-of-way" means the full width of 29 28 property owned, leased, or subject to easement for railroad 29 29 purposes and is not limited to those areas on which tracks are 29 30 located. 29 31 15. "Roadway" means that portion of a highway improved, 29 32 designed, or ordinarily used for vehicular travel. 29 33 16. "Safety certificate" means an all-terrain vehicle 29 34 safety certificate issued by the commission to a qualified 29 35 applicant who is twelve years of age or more. 30 1 17. "Snowmobile" means the same as defined in section 30 2 321G.1. 30 3 18. "Special event" means an organized race, exhibition, 30 4 or demonstration of limited duration which is conducted 30 5 according to a prearranged schedule and in which general 30 6 public interest is manifested. 30 7 19. "Street" or "highway" means the entire width between 30 8 property lines of every way or place of whatever nature when 30 9 any part thereof is open to the use of the public, as a matter 30 10 of right, for purposes of vehicular travel, except in public 30 11 areas in which the boundary shall be thirty-three feet each 30 12 side of the center line of the roadway. 30 13 Sec. 45. NEW SECTION. 321I.2 RULES. 30 14 The commission may adopt rules for the following purposes: 30 15 1. Registration and titling of all-terrain vehicles. 30 16 2. Use of all-terrain vehicles as far as game and fish 30 17 resources or habitats are affected. 30 18 3. Use of all-terrain vehicles on public lands under the 30 19 jurisdiction of the commission. 30 20 4. Use of all-terrain vehicles on any waters of the state 30 21 under the jurisdiction of the commission, while the waters are 30 22 frozen. 30 23 5. Establishment of a program of grants, subgrants, and 30 24 contracts to be administered by the department for the 30 25 development and delivery of certified courses of instruction 30 26 for the safe use and operation of all-terrain vehicles by 30 27 political subdivisions and incorporated private organizations. 30 28 6. Issuance of safety certificates. 30 29 7. Issuance of competition registrations and the 30 30 participation of all-terrain vehicles so registered in special 30 31 events. 30 32 The director of transportation may adopt rules not 30 33 inconsistent with this chapter regulating the use of all- 30 34 terrain vehicles on streets and highways. Cities may 30 35 designate streets under the jurisdiction of cities within 31 1 their respective corporate limits which may be used for the 31 2 sport of driving all-terrain vehicles. 31 3 In adopting the rules, consideration shall be given to the 31 4 need to protect the environment and the public health, safety, 31 5 and welfare; to protect private property, public parks, and 31 6 other public lands; to protect wildlife and wildlife habitat; 31 7 and to promote uniformity of rules relating to the use, 31 8 operation, and equipment of all-terrain vehicles. The rules 31 9 shall be in conformance with chapter 17A. 31 10 Sec. 46. NEW SECTION. 321I.3 REGISTRATION AND NUMBERING 31 11 REQUIRED. 31 12 1. Each all-terrain vehicle used on public land or ice of 31 13 this state shall be currently registered and numbered. A 31 14 person shall not operate, maintain, or give permission for the 31 15 operation or maintenance of an all-terrain vehicle on public 31 16 land or ice unless the all-terrain vehicle is numbered in 31 17 accordance with this chapter, or in accordance with applicable 31 18 federal laws, or in accordance with an approved numbering 31 19 system of another state, and unless the identifying number set 31 20 forth in the registration is displayed as prescribed by rules 31 21 of the commission. 31 22 2. A registration number shall be assigned, without 31 23 payment of fee, to all-terrain vehicles owned by the state of 31 24 Iowa or its political subdivisions upon application for the 31 25 number, and the assigned registration number shall be 31 26 displayed on the all-terrain vehicle as required under section 31 27 321I.5. A registration number and certificate shall be 31 28 assigned, without payment of fee, to an all-terrain vehicle 31 29 which is exempt from registration but is being titled. A 31 30 decal displaying an audit number shall not be issued and the 31 31 registration shall not expire while the all-terrain vehicle is 31 32 exempt. The application for registration shall indicate the 31 33 reason for exemption from the fee. The registration 31 34 certificate shall indicate the reason for exemption. 31 35 Sec. 47. NEW SECTION. 321I.4 REGISTRATION WITH COUNTY 32 1 RECORDER – FEE. 32 2 The owner of each all-terrain vehicle required to be 32 3 numbered shall register it every two years with the county 32 4 recorder of the county in which the owner resides or, if the 32 5 owner is a nonresident, the owner shall register it in the 32 6 county in which the all-terrain vehicle is principally used. 32 7 The commission has supervisory responsibility over the 32 8 registration of all-terrain vehicles and shall provide each 32 9 county recorder with registration forms and certificates and 32 10 shall allocate registration numbers to each county. 32 11 The owner of the all-terrain vehicle shall file an 32 12 application for registration with the appropriate county 32 13 recorder on forms provided by the commission. The application 32 14 shall be completed and signed by the owner of the all-terrain 32 15 vehicle and shall be accompanied by a fee of twenty-five 32 16 dollars and a writing fee. An all-terrain vehicle shall not 32 17 be registered by the county recorder until the county recorder 32 18 is presented with receipts, bills of sale, or other 32 19 satisfactory evidence that the sales or use tax has been paid 32 20 for the purchase of the all-terrain vehicle or that the owner 32 21 is exempt from paying the tax. An all-terrain vehicle that 32 22 has an expired registration certificate from another state may 32 23 be registered in this state upon proper application, payment 32 24 of all applicable registration and writing fees, and payment 32 25 of a penalty of five dollars. 32 26 Upon receipt of the application in approved form 32 27 accompanied by the required fees, the county recorder shall 32 28 enter it upon the records and shall issue to the applicant a 32 29 pocket-size registration certificate. The certificate shall 32 30 be executed in triplicate, one copy to be delivered to the 32 31 owner, one copy to the commission, and one copy to be retained 32 32 on file by the county recorder. The registration certificate 32 33 shall bear the number awarded to the all-terrain vehicle and 32 34 the name and address of the owner. The registration 32 35 certificate shall be carried either in the all-terrain vehicle 33 1 or on the person of the operator of the all-terrain vehicle 33 2 when in use. The operator of an all-terrain vehicle shall 33 3 exhibit the registration certificate to a peace officer upon 33 4 request, to a person injured in an accident involving an all- 33 5 terrain vehicle, to the owner or operator of another all- 33 6 terrain vehicle or the owner of personal or real property when 33 7 the all-terrain vehicle is involved in a collision or accident 33 8 of any nature with another all-terrain vehicle or the property 33 9 of another person, or to the property owner or tenant when the 33 10 all-terrain vehicle is being operated on private property 33 11 without permission from the property owner or tenant. 33 12 If an all-terrain vehicle is placed in storage, the owner 33 13 shall return the current registration certificate to the 33 14 county recorder with an affidavit stating that the all-terrain 33 15 vehicle is placed in storage and the effective date of 33 16 storage. The county recorder shall notify the commission of 33 17 each all-terrain vehicle placed in storage. When the owner of 33 18 a stored all-terrain vehicle desires to renew the 33 19 registration, the owner shall make application to the county 33 20 recorder and pay the registration and writing fees without 33 21 penalty. A refund of the registration fee shall not be 33 22 allowed for a stored all-terrain vehicle. 33 23 Sec. 48. NEW SECTION. 321I.5 DISPLAY OF IDENTIFICATION 33 24 NUMBERS. 33 25 The owner shall display the identification number on an 33 26 all-terrain vehicle in the manner prescribed by rules of the 33 27 commission. 33 28 Sec. 49. NEW SECTION. 321I.6 REGISTRATION – RENEWAL – 33 29 TRANSFER. 33 30 1. a. Every all-terrain vehicle registration certificate 33 31 and number issued expires at midnight December 31, and 33 32 renewals expire every two years thereafter unless sooner 33 33 terminated or discontinued in accordance with this chapter. 33 34 After the first day of September each even-numbered year, an 33 35 unregistered all-terrain vehicle and renewals may be 34 1 registered for the subsequent biennium beginning January 1. 34 2 An all-terrain vehicle registered between January 1 and 34 3 September 1 of even-numbered years shall be registered for a 34 4 fee of twelve dollars and fifty cents for the remainder of the 34 5 registration period. 34 6 b. After the first day of September in even-numbered years 34 7 an unregistered all-terrain vehicle may be registered for the 34 8 remainder of the current registration period and for the 34 9 subsequent registration period in one transaction. The fee 34 10 shall be five dollars for the remainder of the current period, 34 11 in addition to the registration fee of twenty-five dollars for 34 12 the subsequent biennium beginning January 1, and a writing 34 13 fee. Registration certificates and numbers may be renewed 34 14 upon application of the owner in the same manner as provided 34 15 in securing the original registration. The all-terrain 34 16 vehicle registration fee is in lieu of personal property tax 34 17 for each year of the registration. 34 18 2. An expired all-terrain vehicle registration may be 34 19 renewed for the same fee as if the owner is securing the 34 20 original registration plus a penalty of five dollars and a 34 21 writing fee. 34 22 3. When a person, after registering an all-terrain 34 23 vehicle, moves from the address shown on the registration 34 24 certificate, the person shall, within ten days, notify the 34 25 county recorder in writing of the move and the person's new 34 26 address. 34 27 4. Upon the transfer of ownership of an all-terrain 34 28 vehicle, the owner shall complete the form on the back of the 34 29 title, if any, and registration, if any, and deliver both to 34 30 the purchaser or transferee when the all-terrain vehicle is 34 31 delivered. If the all-terrain vehicle is not titled, the 34 32 owner shall complete the form on the back of the current 34 33 registration certificate and shall deliver the certificate to 34 34 the purchaser or transferee at the time of delivering the all- 34 35 terrain vehicle. If the all-terrain vehicle has not been 35 1 titled and has not been registered, the owner shall deliver an 35 2 affidavit for an unregistered and untitled all-terrain vehicle 35 3 to the purchaser or transferee. The purchaser or transferee 35 4 shall, within thirty days of transfer, file a new application 35 5 form with the county recorder with a fee of one dollar and the 35 6 writing fee, and a transfer of number shall be awarded in the 35 7 same manner as provided in an original registration. If the 35 8 purchaser or transferee does not file a new application form 35 9 within thirty days of transfer, the transfer of number shall 35 10 be awarded upon payment of all applicable fees plus a penalty 35 11 of five dollars. 35 12 All registrations must be valid for the current 35 13 registration period prior to the transfer of any registration, 35 14 including assignment to a dealer. 35 15 5. Duplicate registrations may be issued upon application 35 16 to the county recorder and the payment of the same fees 35 17 collected for the transfer of registrations. 35 18 6. A motorcycle, as defined in section 321.1, subsection 35 19 40, paragraph "a", may be registered as an all-terrain vehicle 35 20 as provided in this section. A motorcycle registered as an 35 21 all-terrain vehicle may participate in all programs 35 22 established for all-terrain vehicles under this chapter except 35 23 for the safety instruction and certification program. 35 24 Sec. 50. NEW SECTION. 321I.7 FEES REMITTED TO COMMISSION 35 25 – APPROPRIATION. 35 26 Within ten days after the end of each month, a county 35 27 recorder shall remit to the commission the all-terrain vehicle 35 28 fees collected by the recorder during the previous month. 35 29 Before January 10 of odd-numbered years, a recorder shall 35 30 remit unused license forms from the previous biennium to the 35 31 commission. 35 32 The department shall remit the fees to the treasurer of 35 33 state, who shall place the money in a special all-terrain 35 34 vehicle fund. The money is appropriated to the department for 35 35 the all-terrain vehicle programs of the state. The programs 36 1 shall include grants, subgrants, contracts, or cost-sharing of 36 2 all-terrain vehicle programs with political subdivisions or 36 3 incorporated private organizations or both in accordance with 36 4 rules adopted by the commission. All programs using cost- 36 5 sharing, grants, subgrants, or contracts shall establish and 36 6 implement a safety instruction program either singly or in 36 7 cooperation with other all-terrain vehicle programs. All- 36 8 terrain vehicle fees may be used to support joint all-terrain 36 9 vehicle and snowmobile programs on a usage basis. At least 36 10 fifty percent of the special fund shall be available for 36 11 political subdivisions or incorporated private organizations 36 12 or both. Moneys from the special fund not used by the 36 13 political subdivisions or incorporated private organizations 36 14 or both shall remain in the fund and may be used by the 36 15 department for the administration of the all-terrain vehicle 36 16 programs. 36 17 Sec. 51. NEW SECTION. 321I.8 EXEMPT VEHICLES. 36 18 Registration shall not be required for the following 36 19 described all-terrain vehicles: 36 20 1. All-terrain vehicles owned and used by the United 36 21 States, another state, or a political subdivision of another 36 22 state. 36 23 2. All-terrain vehicles registered in a country other than 36 24 the United States used within this state for not more than 36 25 twenty consecutive days. 36 26 3. All-terrain vehicles covered by a valid license of 36 27 another state and which have not been within this state for 36 28 more than twenty consecutive days. 36 29 4. All-terrain vehicles not registered or licensed in 36 30 another state or country being used in this state while 36 31 engaged in a special event and not remaining in the state for 36 32 a period of more than ten days. 36 33 5. All-terrain vehicles used in accordance with section 36 34 321.234A. 36 35 6. All-terrain vehicles used exclusively as farm 37 1 implements. 37 2 Sec. 52. NEW SECTION. 321I.9 OPERATION ON ROADWAYS AND 37 3 HIGHWAYS. 37 4 A person shall not operate an all-terrain vehicle upon 37 5 roadways or highways, as defined in section 321.1, except as 37 6 provided in section 321.234A and this chapter. 37 7 1. An all-terrain vehicle shall not be operated at any 37 8 time within the right-of-way of any interstate highway or 37 9 freeway within this state except under either of the following 37 10 circumstances: 37 11 a. As provided in section 321.234A. 37 12 b. When using an underpass located on an interstate 37 13 highway or freeway if all of the following apply: 37 14 (1) The underpass has been abandoned and is no longer 37 15 being used by motor vehicles or trains. 37 16 (2) Use of the underpass is the only alternative to the 37 17 use of a traveled roadway. 37 18 (3) Notwithstanding the provisions of chapter 321, use of 37 19 the underpass does not conflict with any rules or regulations 37 20 adopted by a federal governmental entity or this state or a 37 21 political subdivision of this state. 37 22 2. An all-terrain vehicle may make a direct crossing of a 37 23 street or highway provided all of the following occur: 37 24 a. The crossing is made at an angle of approximately 37 25 ninety degrees to the direction of the highway and at a place 37 26 where no obstruction prevents a quick and safe crossing. 37 27 b. The all-terrain vehicle is brought to a complete stop 37 28 before crossing the shoulder or main traveled way of the 37 29 highway. 37 30 c. The driver yields the right-of-way to all oncoming 37 31 traffic which constitutes an immediate hazard. 37 32 d. In crossing a divided highway, the crossing is made 37 33 only at an intersection of such highway with another public 37 34 street or highway. 37 35 3. An all-terrain vehicle shall not be operated on public 38 1 highways under any of the following conditions: 38 2 a. On the roadway portion of a highway and adjacent 38 3 shoulder, or at least five feet on either side of the roadway, 38 4 except as provided in subsection 4. 38 5 b. On limited access highways and approaches. 38 6 c. For racing any moving object. 38 7 d. Abreast with one or more other all-terrain vehicles or 38 8 snowmobiles on a city highway. 38 9 4. A registered all-terrain vehicle may be operated under 38 10 the following conditions: 38 11 a. Upon city highways which have not been plowed during 38 12 the snow season or on such highways as designated by the 38 13 governing body of a municipality. 38 14 b. On that portion of county roadways that have not been 38 15 plowed during the snow season or not maintained or utilized 38 16 for the operation of conventional two-wheel drive motor 38 17 vehicles. 38 18 c. On highways in an emergency during the period of time 38 19 when and at locations where snow upon the roadway renders 38 20 travel by conventional motor vehicles impractical. 38 21 d. On the roadways of that portion of county highways 38 22 designated by the county board of supervisors for such use 38 23 during a specified period. The county board of supervisors 38 24 shall evaluate the traffic conditions on all county highways 38 25 and designate roadways on which all-terrain vehicles may be 38 26 operated for the specified period without unduly interfering 38 27 with or constituting an undue hazard to conventional motor 38 28 vehicle traffic. Signs warning of the operation of all- 38 29 terrain vehicles on the roadway shall be placed and maintained 38 30 on the portions of highway thus designated during the period 38 31 specified for the operation. 38 32 e. On the roadway or shoulder when necessary to cross a 38 33 bridge or culvert, or avoid an obstruction which makes it 38 34 impossible to travel on the portion of the highway not 38 35 intended for motor vehicles, if the all-terrain vehicle is 39 1 brought to a complete stop before entering onto the roadway or 39 2 shoulder and the driver yields the right-of-way to any 39 3 approaching vehicle on the roadway. 39 4 f. All-terrain vehicles shall not be operated on 39 5 snowmobile trails except where designated by the controlling 39 6 authority and the primary snowmobile trail sponsor. 39 7 5. The headlight and taillight shall be lighted during the 39 8 operation on a public highway at any time from sunset to 39 9 sunrise, and at such other times when conditions such as fog, 39 10 snow, sleet, or rain provide insufficient lighting to render 39 11 clearly discernible persons and vehicles at a distance of five 39 12 hundred feet ahead. 39 13 6. a. An all-terrain vehicle shall not be operated on or 39 14 across a public highway by a person under sixteen years of age 39 15 who does not have in the person's possession a safety 39 16 certificate issued to the person pursuant to this chapter. 39 17 b. A person twelve to fifteen years of age and possessing 39 18 a valid safety certificate must be under the direct 39 19 supervision of a parent, guardian, or another adult authorized 39 20 by the parent or guardian, who is experienced in all-terrain 39 21 vehicle operation, and who possesses a valid driver's license 39 22 as defined in section 321.1, or a safety certificate issued 39 23 under this chapter. 39 24 7. An all-terrain vehicle shall not be operated within the 39 25 right-of-way of a primary highway between the hours of sunset 39 26 and sunrise except on the right-hand side of the right-of-way 39 27 and in the same direction as the motor vehicular traffic on 39 28 the nearest lane of traveled portion of the right-of-way. 39 29 Sec. 53. NEW SECTION. 321I.10 ACCIDENT REPORTS. 39 30 If an all-terrain vehicle is involved in an accident 39 31 resulting in injury or death to anyone or property damage 39 32 amounting to two hundred dollars or more, either the operator 39 33 or someone acting for the operator shall immediately notify 39 34 the county sheriff or another law enforcement agency in the 39 35 state. The operator shall file with the commission a report 40 1 of the accident, within forty-eight hours, containing 40 2 information as the commission may require. 40 3 Sec. 54. NEW SECTION. 321I.11 MUFFLERS REQUIRED – 40 4 INSPECTIONS. 40 5 1. An all-terrain vehicle shall not be operated without 40 6 suitable and effective muffling devices which limit engine 40 7 noise to not more than eighty-six decibels as measured on the 40 8 "A" scale at a distance of fifty feet. 40 9 2. The commission may adopt rules with respect to the 40 10 inspection of all-terrain vehicles and testing of their 40 11 mufflers. 40 12 Sec. 55. NEW SECTION. 321I.12 HEADLAMP – TAIL LAMP – 40 13 BRAKES. 40 14 Every all-terrain vehicle operated during the hours of 40 15 darkness shall display a lighted headlamp and tail lamp. 40 16 Every all-terrain vehicle shall be equipped with brakes. 40 17 Sec. 56. NEW SECTION. 321I.13 UNLAWFUL OPERATION. 40 18 1. A person shall not drive or operate an all-terrain 40 19 vehicle: 40 20 a. At a rate of speed greater than reasonable or proper 40 21 under all existing circumstances. 40 22 b. In a careless, reckless, or negligent manner so as to 40 23 endanger the person or property of another or to cause injury 40 24 or damage thereto. 40 25 c. While under the influence of intoxicating liquor or 40 26 narcotics or habit-forming drugs. 40 27 d. Without a lighted headlight and taillight from sunset 40 28 to sunrise and at such other times when conditions provide 40 29 insufficient lighting to render clearly discernible persons 40 30 and vehicles at a distance of five hundred feet ahead. 40 31 e. In any tree nursery or planting in a manner which 40 32 damages or destroys growing stock. 40 33 f. On any public land, ice, or snow, in violation of 40 34 official signs of the commission prohibiting such operation in 40 35 the interest of safety for persons, property, or the 41 1 environment. Any officer appointed by the commission may post 41 2 an official sign in an emergency for the protection of 41 3 persons, property, or the environment. 41 4 g. In or on any park or fish and game areas except on 41 5 designated all-terrain vehicle trails. 41 6 h. Upon an operating railroad right-of-way. An all- 41 7 terrain vehicle may be driven directly across a railroad 41 8 right-of-way only at an established crossing and, 41 9 notwithstanding any other provisions of law, may, if 41 10 necessary, use the improved portion of the established 41 11 crossing after yielding to all oncoming traffic. This 41 12 paragraph does not apply to a law enforcement officer or 41 13 railroad employee in the lawful discharge of the officer's or 41 14 employee's duties or to an employee of a utility with 41 15 authority to enter upon the railroad right-of-way in the 41 16 lawful performance of the employee's duties. 41 17 2. A person shall not operate or ride in an all-terrain 41 18 vehicle with a firearm in the person's possession unless it is 41 19 unloaded and enclosed in a carrying case. However, a 41 20 nonambulatory person may carry an uncased and unloaded firearm 41 21 while operating or riding an all-terrain vehicle. 41 22 3. A person shall not operate an all-terrain vehicle while 41 23 carrying a passenger. 41 24 Sec. 57. NEW SECTION. 321I.14 PENALTY. 41 25 Any person who violates this chapter or a rule of the 41 26 commission or director of transportation is guilty of a simple 41 27 misdemeanor. 41 28 Chapter 232 shall have no application in the prosecution of 41 29 offenses which are committed in violation of this chapter, and 41 30 which constitute simple misdemeanors. 41 31 Sec. 58. NEW SECTION. 321I.15 OPERATION PENDING 41 32 REGISTRATION. 41 33 The commission shall furnish all-terrain vehicle dealers 41 34 with pasteboard cards bearing the words "registration applied 41 35 for" and space for the date of purchase. An unregistered all- 42 1 terrain vehicle sold by a dealer shall bear one of these cards 42 2 which entitles the purchaser to operate it for ten days 42 3 immediately following the purchase. The purchaser of a 42 4 registered all-terrain vehicle may operate it for ten days 42 5 immediately following the purchase, without having completed a 42 6 transfer of registration. An all-terrain vehicle dealer shall 42 7 make application and pay all registration and title fees if 42 8 applicable on behalf of the purchaser of an all-terrain 42 9 vehicle. 42 10 Sec. 59. NEW SECTION. 321I.16 SPECIAL EVENTS. 42 11 The department may authorize the holding of organized 42 12 special events as defined in this chapter within this state. 42 13 The department shall adopt rules relating to the conduct of 42 14 special events held under department permits and designating 42 15 the equipment and facilities necessary for safe operation of 42 16 all-terrain vehicles or for the safety of operators, 42 17 participants, and observers in the special events. A special 42 18 event for all-terrain vehicles may include motorcycles upon 42 19 payment of an entrance fee set by the organizer of the special 42 20 event. The department may require that part of the motorcycle 42 21 entrance fee be credited to pay costs of all-terrain vehicle 42 22 programs authorized pursuant to section 321I.7. At least 42 23 thirty days before the scheduled date of a special event in 42 24 this state, an application shall be filed with the department 42 25 for authorization to conduct the special event. The 42 26 application shall set forth the date, time, and location of 42 27 the proposed special event and any other information the 42 28 department requires. The special event shall not be conducted 42 29 without written authorization of the department. Copies of 42 30 the rules shall be furnished by the department to any person 42 31 making an application. 42 32 Sec. 60. NEW SECTION. 321I.17 VIOLATION OF "STOP" 42 33 SIGNAL. 42 34 A person, after having received a visual or audible signal 42 35 from a peace officer to come to a stop, shall not operate an 43 1 all-terrain vehicle in willful or wanton disregard of the 43 2 signal or interfere with or endanger the officer or any other 43 3 person or vehicle, or increase speed or attempt to flee or 43 4 elude the officer. 43 5 Sec. 61. NEW SECTION. 321I.18 NEGLIGENCE. 43 6 The owner and operator of an all-terrain vehicle are liable 43 7 for any injury or damage occasioned by the negligent operation 43 8 of the all-terrain vehicle. The owner of an all-terrain 43 9 vehicle shall be liable for any such injury or damage only if 43 10 the owner was the operator of the all-terrain vehicle at the 43 11 time the injury or damage occurred or if the operator had the 43 12 owner's consent to operate the all-terrain vehicle at the time 43 13 the injury or damage occurred. 43 14 Sec. 62. NEW SECTION. 321I.19 RENTED ALL-TERRAIN 43 15 VEHICLES. 43 16 1. The owner of a rented all-terrain vehicle shall keep a 43 17 record of the name and address of each person renting the all- 43 18 terrain vehicle, its registration number, the departure date 43 19 and time, and the expected time of return. The records shall 43 20 be preserved for six months. 43 21 2. The owner of an all-terrain vehicle operated for hire 43 22 shall not permit the use or operation of a rented all-terrain 43 23 vehicle unless it has been provided with all equipment 43 24 required by this chapter or rules of the commission or the 43 25 director of transportation, properly installed and in good 43 26 working order. 43 27 Sec. 63. NEW SECTION. 321I.20 MINORS UNDER TWELVE. 43 28 A person under twelve years of age shall not operate an 43 29 all-terrain vehicle on public lands unless the person is 43 30 taking a prescribed safety training course under the direct 43 31 supervision of a certified all-terrain vehicle safety 43 32 instructor and a parent or guardian. 43 33 Sec. 64. NEW SECTION. 321I.21 MANUFACTURER, DISTRIBUTOR, 43 34 OR DEALER – SPECIAL REGISTRATION. 43 35 1. A manufacturer, distributor, or dealer owning an all- 44 1 terrain vehicle required to be registered under this chapter 44 2 may operate the all-terrain vehicle for purposes of 44 3 transporting, testing, demonstrating, or selling it without 44 4 the all-terrain vehicle being registered, except that a 44 5 special identification number issued to the owner as provided 44 6 in this chapter shall be displayed on the all-terrain vehicle. 44 7 The special identification number shall not be used on an all- 44 8 terrain vehicle offered for hire or for any work or service 44 9 performed by a manufacturer, distributor, or dealer. 44 10 2. Any manufacturer, distributor, or dealer may, upon 44 11 payment of a fee of fifteen dollars, make application to the 44 12 commission, upon forms prescribed by the commission, for a 44 13 special registration certificate containing a general 44 14 identification number and for one or more duplicate special 44 15 registration certificates. The applicant shall submit 44 16 reasonable proof of the applicant's status as a bona fide 44 17 manufacturer, distributor, or dealer as may be required by the 44 18 commission. 44 19 3. The commission, upon granting an application, shall 44 20 issue to the applicant a special registration certificate 44 21 containing the applicant's name and address, the general 44 22 identification number assigned to the applicant, the word 44 23 "manufacturer", "dealer", or "distributor", and other 44 24 information the commission prescribes. The manufacturer, 44 25 distributor, or dealer shall have the assigned number printed 44 26 upon or attached to a removable sign or signs which may be 44 27 temporarily but firmly mounted or attached to the all-terrain 44 28 vehicle being used. The display shall meet the requirements 44 29 of this chapter and the rules of the commission. 44 30 4. The commission shall also issue duplicate special 44 31 registration certificates which shall have displayed thereon 44 32 the general identification number assigned to the applicant. 44 33 Each duplicate registration certificate so issued shall 44 34 contain a number or symbol identifying it from every other 44 35 duplicate special registration certificate bearing the same 45 1 general identification number. The fee for each additional 45 2 duplicate special registration certificate shall be two 45 3 dollars. 45 4 5. Each special registration certificate issued hereunder 45 5 shall expire on December 31 of each year, and a new special 45 6 registration certificate for the ensuing twelve months may be 45 7 obtained upon application to the commission and payment of the 45 8 fee provided by law. 45 9 6. Every manufacturer, distributor, or dealer shall keep a 45 10 written record of the all-terrain vehicles upon which special 45 11 registration certificates are used, which record shall be open 45 12 to inspection by any law enforcement officer or any officer or 45 13 employee of the commission. 45 14 7. If a manufacturer, distributor, or dealer has an 45 15 established place of business in more than one location, the 45 16 manufacturer, distributor, or dealer shall secure a separate 45 17 and distinct special registration certificate and general 45 18 identification number for each place of business. 45 19 8. Dealers using special certificates under this chapter 45 20 shall, before January 10 of each year, furnish the commission 45 21 with a list of all used all-terrain vehicles held by them for 45 22 sale or trade, and upon which the registration fee for the 45 23 current year has not been paid, giving the previous 45 24 registration number, name of previous owner at the time the 45 25 all-terrain vehicle was transferred to the dealer, and other 45 26 information the commission requires. 45 27 9. If the purchaser or transferee of an all-terrain 45 28 vehicle is a dealer who holds the same for resale and operates 45 29 the all-terrain vehicle only for purposes incidental to a 45 30 resale and displays the special dealer's certificate, or does 45 31 not operate the all-terrain vehicle or permit it to be 45 32 operated, the transferee is not required to obtain a new 45 33 registration certificate but upon transferring title or 45 34 interest to another person shall sign the reverse side of the 45 35 title, if any, and the registration certificate of the all- 46 1 terrain vehicle indicating the name and address of the new 46 2 purchaser. A dealer shall make application and pay all 46 3 registration and title fees if applicable on behalf of the 46 4 purchaser of an all-terrain vehicle. The recorder shall award 46 5 a transfer of the registration number. If the registration 46 6 has expired while in the dealer's possession, the purchaser 46 7 may renew the registration for the same fee and writing fee as 46 8 if the purchaser is securing the original registration. 46 9 10. When a dealer purchases or otherwise acquires an all- 46 10 terrain vehicle registered in this state, the dealer shall 46 11 issue a signed receipt to the previous owner, indicating the 46 12 date of purchase or acquisition, the name and address of the 46 13 previous owner, and the registration number of the all-terrain 46 14 vehicle purchased or acquired. The original receipt shall be 46 15 delivered to the previous owner and one copy shall be mailed 46 16 or delivered by the dealer to the county recorder of the 46 17 county in which the all-terrain vehicle is registered, and one 46 18 copy shall be delivered to the commission within forty-eight 46 19 hours. 46 20 11. Nothing in this section shall prohibit a dealer from 46 21 obtaining a new registration and transfer of registration in 46 22 the same manner as other purchasers. 46 23 Sec. 65. NEW SECTION. 321I.22 LIMITATION OF LIABILITY BY 46 24 PUBLIC BODIES AND ADJOINING OWNERS. 46 25 The state, its political subdivisions, and the owners or 46 26 tenants of property adjoining public lands or the right-of-way 46 27 of a public highway and their agents and employees owe no duty 46 28 of care to keep the public lands, ditches, or land contiguous 46 29 to a highway or roadway under the control of the state or a 46 30 political subdivision safe for entry or use by persons 46 31 operating an all-terrain vehicle, or to give any warning of a 46 32 dangerous condition, use, structure, or activity on the 46 33 premises to persons entering for such purposes, except in the 46 34 case of willful or malicious failure to guard or warn against 46 35 a dangerous condition, use, structure, or activity. The 47 1 state, its political subdivisions, and the owners or tenants 47 2 of property adjoining public lands or the right-of-way of a 47 3 public highway and their agents and employees are not liable 47 4 for actions taken to allow or facilitate the use of public 47 5 lands, ditches, or land contiguous to a highway or roadway 47 6 except in the case of a willful or malicious failure to guard 47 7 or warn against a dangerous condition, use, structure, or 47 8 activity. 47 9 This section does not create a duty of care or ground of 47 10 liability on behalf of the state, its political subdivisions, 47 11 or the owners or tenants of property adjoining public lands or 47 12 the right-of-way of a public highway and their agents and 47 13 employees for injury to persons or property in the operation 47 14 of all-terrain vehicles in a ditch or on land contiguous to a 47 15 highway or roadway under the control of the state or a 47 16 political subdivision. The state, its political subdivisions, 47 17 and the owners or tenants of property adjoining public lands 47 18 or the right-of-way of a public highway and their agents and 47 19 employees are not liable for the operation of an all-terrain 47 20 vehicle in violation of this chapter. 47 21 Sec. 66. NEW SECTION. 321I.23 COURSE OF INSTRUCTION. 47 22 1. The commission shall provide, by rules adopted pursuant 47 23 to section 321I.2, for the establishment of certified courses 47 24 of instruction to be conducted throughout the state for the 47 25 safe use and operation of all-terrain vehicles. The 47 26 curriculum shall include instruction in the lawful and safe 47 27 use, operation, and equipping of all-terrain vehicles 47 28 consistent with this chapter and rules adopted by the 47 29 commission and the director of transportation and other 47 30 matters the commission deems pertinent for a qualified all- 47 31 terrain vehicle operator. 47 32 2. The commission may certify any experienced, qualified 47 33 operator to be an instructor of a class established under 47 34 subsection 1. Each instructor shall be at least eighteen 47 35 years of age. 48 1 3. Upon completion of the course of instruction, the 48 2 commission shall provide for the administration of a written 48 3 test to any student who wishes to qualify for a safety 48 4 certificate. 48 5 4. The commission shall provide safety material relating 48 6 to the operation of all-terrain vehicles for the use of 48 7 nonpublic or public elementary and secondary schools in this 48 8 state. 48 9 Sec. 67. NEW SECTION. 321I.24 SAFETY CERTIFICATE – FEE. 48 10 1. A person under eighteen years of age shall not operate 48 11 an all-terrain vehicle on public land or land purchased with 48 12 all-terrain vehicle registration funds in this state without 48 13 obtaining a valid safety certificate issued by the department 48 14 and having the certificate in the person's possession. 48 15 2. Upon application and payment of a fee of three dollars, 48 16 a qualified applicant shall be issued a safety certificate 48 17 which is valid until the certificate is suspended or revoked 48 18 for a violation of a provision of this chapter or a rule of 48 19 the commission or the director of transportation. The 48 20 application shall be made on forms issued by the commission 48 21 and shall contain information as the commission may reasonably 48 22 require. 48 23 3. Any person who is required to have a safety certificate 48 24 under this chapter and who has completed a course of 48 25 instruction established under section 321I.2, subsection 5, 48 26 including the successful passage of an examination which 48 27 includes a written test relating to such course of 48 28 instruction, shall be considered qualified to apply for a 48 29 safety certificate. The commission may waive the requirement 48 30 of completing such course of instruction if such person 48 31 successfully passes a written test based on such course of 48 32 instruction. 48 33 4. The permit fees collected under this section shall be 48 34 credited to the special all-terrain vehicle fund and shall be 48 35 used for safety and educational programs. 49 1 5. A valid all-terrain vehicle safety certificate or 49 2 license issued to a nonresident by a governmental authority of 49 3 another state shall be considered a valid certificate or 49 4 license in this state if the permit or license requirements of 49 5 the governmental authority, excluding fees, are substantially 49 6 the same as the requirements of this chapter as determined by 49 7 the commission. 49 8 Sec. 68. NEW SECTION. 321I.25 STOPPING AND INSPECTING – 49 9 WARNINGS. 49 10 A peace officer may stop and inspect an all-terrain vehicle 49 11 operated, parked, or stored on public streets, highways, 49 12 public lands, or frozen waters of the state to determine if 49 13 the all-terrain vehicle is registered, numbered, or equipped 49 14 as required by this chapter and commission rules. The officer 49 15 shall not inspect an area that is not essential to determine 49 16 compliance with the requirements. If the officer determines 49 17 that the all-terrain vehicle is not in compliance, the officer 49 18 may issue a warning memorandum to the operator and forward a 49 19 copy to the commission. The warning memorandum shall indicate 49 20 the items found not in compliance and shall direct the owner 49 21 or operator of the all-terrain vehicle to have the all-terrain 49 22 vehicle in compliance and return a copy of the warning 49 23 memorandum with the proof of compliance to the commission 49 24 within fourteen days. If the proof of compliance is not 49 25 provided within fourteen days, the owner or operator is in 49 26 violation of this chapter. 49 27 Sec. 69. NEW SECTION. 321I.26 TERMINATION OF USE. 49 28 A person who receives a warning memorandum for an all- 49 29 terrain vehicle shall stop using the all-terrain vehicle as 49 30 soon as possible and shall not operate it on public streets, 49 31 highways, public lands, or frozen waters of the state until 49 32 the all-terrain vehicle is in compliance. 49 33 Sec. 70. NEW SECTION. 321I.27 WRITING FEES. 49 34 The county recorder shall collect a writing fee of one 49 35 dollar for an all-terrain vehicle registration. 50 1 Sec. 71. NEW SECTION. 321I.28 CONSISTENT LOCAL LAWS – 50 2 SPECIAL LOCAL RULES. 50 3 1. This chapter and other applicable laws of this state 50 4 shall govern the operation, equipment, numbering, and all 50 5 other matters relating to an all-terrain vehicle when the all- 50 6 terrain vehicle is operated or maintained in this state. 50 7 However, this chapter does not prevent the adoption of an 50 8 ordinance or local law relating to the operation or equipment 50 9 of all-terrain vehicles. The ordinances or local laws are 50 10 operative only so long as they are not inconsistent with this 50 11 chapter or the rules adopted by the commission. 50 12 2. A subdivision of this state, after public notice by 50 13 publication in a newspaper having a general circulation in the 50 14 subdivision, may make formal application to the commission for 50 15 special rules concerning the operation of all-terrain vehicles 50 16 within the territorial limits of the subdivision and shall 50 17 provide the commission with the reasons the special rules are 50 18 necessary. 50 19 3. The commission, upon application by local authorities 50 20 and in conformity with this chapter, may make special rules 50 21 concerning the operation of all-terrain vehicles within the 50 22 territorial limits of a subdivision of this state. 50 23 Sec. 72. NEW SECTION. 321I.29 OWNER'S CERTIFICATE OF 50 24 TITLE – IN GENERAL. 50 25 1. The owner of an all-terrain vehicle acquired on or 50 26 after January 1, 2000, other than an all-terrain vehicle used 50 27 exclusively as a farm implement, shall apply to the county 50 28 recorder of the county in which the owner resides for a 50 29 certificate of title for the all-terrain vehicle. The owner 50 30 of an all-terrain vehicle used exclusively as a farm implement 50 31 may obtain a certificate of title. A person who owns an all- 50 32 terrain vehicle that is not required to have a certificate of 50 33 title may apply for and receive a certificate of title for the 50 34 all-terrain vehicle and, subsequently, the all-terrain vehicle 50 35 shall be subject to the requirements of this chapter as if the 51 1 all-terrain vehicle were required to be titled. All all- 51 2 terrain vehicles that are titled shall be registered. 51 3 2. A certificate of title shall contain the information 51 4 and shall be issued on a form the department prescribes. 51 5 3. An owner of an all-terrain vehicle shall apply to the 51 6 county recorder for issuance of a certificate of title within 51 7 thirty days after acquisition. The application shall be on 51 8 forms the department prescribes and accompanied by the 51 9 required fee. The application shall be signed and sworn to 51 10 before a notary public or other person who administers oaths, 51 11 or shall include a certification signed in writing containing 51 12 substantially the representation that statements made are true 51 13 and correct to the best of the applicant's knowledge, 51 14 information, and belief, under penalty of perjury. The 51 15 application shall contain the date of sale and gross price of 51 16 the all-terrain vehicle or the fair market value if no sale 51 17 immediately preceded the transfer and any additional 51 18 information the department requires. If the application is 51 19 made for an all-terrain vehicle last previously registered or 51 20 titled in another state or foreign country, the application 51 21 shall contain this information and any other information the 51 22 department requires. 51 23 4. If a dealer buys or acquires an all-terrain vehicle for 51 24 resale, the dealer shall report the acquisition to the county 51 25 recorder on forms provided by the department and may apply for 51 26 and obtain a certificate of title as provided in this chapter. 51 27 If a dealer buys or acquires a used all-terrain vehicle, the 51 28 dealer may apply for a certificate of title in the dealer's 51 29 name within thirty days. If a dealer buys or acquires a new 51 30 all-terrain vehicle for resale, the dealer may apply for a 51 31 certificate of title in the dealer's name. 51 32 5. A manufacturer or dealer shall not transfer ownership 51 33 of a new all-terrain vehicle without supplying the transferee 51 34 with the manufacturer's or importer's certificate of origin 51 35 signed by the manufacturer's or importer's authorized agent. 52 1 The certificate shall contain information the department 52 2 requires. The department may adopt rules providing for the 52 3 issuance of a certificate of origin for an all-terrain vehicle 52 4 by the department upon good cause shown by the owner. 52 5 6. A dealer transferring ownership of an all-terrain 52 6 vehicle under this chapter shall assign the title to the new 52 7 owner, or in the case of a new all-terrain vehicle, assign the 52 8 certificate of origin. Within fifteen days the dealer shall 52 9 forward all moneys and applications to the county recorder. 52 10 7. The county recorder shall maintain a record of any 52 11 certificate of title which the county recorder issues and 52 12 shall keep each certificate of title on record until the 52 13 certificate of title has been inactive for five years. When 52 14 issuing a title for a new all-terrain vehicle, the county 52 15 recorder shall obtain and keep on file the certificate of 52 16 origin. When issuing a title and registration for a used all- 52 17 terrain vehicle for which there is no title or registration, 52 18 the county recorder shall obtain and keep on file the 52 19 affidavit for the unregistered and untitled all-terrain 52 20 vehicle. 52 21 8. Once titled, a person shall not sell or transfer 52 22 ownership of an all-terrain vehicle without delivering to the 52 23 purchaser or transferee a certificate of title with an 52 24 assignment on it showing title in the purchaser or transferee. 52 25 A person shall not purchase or otherwise acquire an all- 52 26 terrain vehicle without obtaining a certificate of title for 52 27 it in that person's name. 52 28 9. If the county recorder is not satisfied as to the 52 29 ownership of the all-terrain vehicle or that there are no 52 30 undisclosed security interests in the all-terrain vehicle, the 52 31 county recorder may issue a certificate of title for the all- 52 32 terrain vehicle but, as a condition of such issuance, may 52 33 require the applicant to file with the department a bond in 52 34 the form prescribed by the department and executed by the 52 35 applicant, and also executed by a person authorized to conduct 53 1 a surety business in this state. The form and amount of the 53 2 bond shall be established by rule of the department. The bond 53 3 shall be conditioned to indemnify any prior owner and secured 53 4 party and any subsequent purchaser of the all-terrain vehicle 53 5 or person acquiring any security interest in the all-terrain 53 6 vehicle, and their respective successors in interest, against 53 7 any expense, loss, or damage, including reasonable attorney 53 8 fees, by reason of the issuance of the certificate of title of 53 9 the all-terrain vehicle or on account of any defect in or 53 10 undisclosed security interest upon the right, title, and 53 11 interest of the applicant in and to the all-terrain vehicle. 53 12 Any such interested person has a right of action to recover on 53 13 the bond for any breach of its conditions, but the aggregate 53 14 liability of the surety to all persons shall not exceed the 53 15 amount of the bond. The bond shall be returned at the end of 53 16 three years or prior thereto if the all-terrain vehicle is no 53 17 longer registered in this state and the certificate of title 53 18 is surrendered to the department, unless the department has 53 19 been notified of the pendency of an action to recover on the 53 20 bond. 53 21 10. The county recorder shall transmit a copy of the 53 22 certificate of title to the department, which shall be the 53 23 central repository of title information for all-terrain 53 24 vehicles. 53 25 Sec. 73. NEW SECTION. 321I.30 FEES – DUPLICATES. 53 26 1. The county recorder shall charge a ten dollar fee to 53 27 issue a certificate of title, a transfer of title, a 53 28 duplicate, or a corrected certificate of title. 53 29 2. If a certificate of title is lost, stolen, mutilated, 53 30 destroyed, or becomes illegible, the first lienholder or, if 53 31 there is none, the owner named in the certificate, as shown by 53 32 the county recorder's records, shall within thirty days obtain 53 33 a duplicate by applying to the county recorder. The applicant 53 34 shall furnish information the department requires concerning 53 35 the original certificate and the circumstances of its loss, 54 1 mutilation, or destruction. Mutilated or illegible 54 2 certificates shall be returned to the department with the 54 3 application for a duplicate. 54 4 3. The duplicate certificate of title shall be marked 54 5 plainly "duplicate" across its face and mailed or delivered to 54 6 the applicant. 54 7 4. If a lost or stolen original certificate of title for 54 8 which a duplicate has been issued is recovered, the original 54 9 shall be surrendered promptly to the department for 54 10 cancellation. 54 11 5. Five dollars of the certificate of title fees collected 54 12 under this section shall be remitted by the county recorder to 54 13 the treasurer of state for deposit in the special all-terrain 54 14 vehicle fund created under section 321I.7. The remaining five 54 15 dollars shall be retained by the county and deposited into the 54 16 general fund of the county. 54 17 Sec. 74. NEW SECTION. 321I.31 TRANSFER OR REPOSSESSION 54 18 BY OPERATION OF LAW. 54 19 1. If ownership of an all-terrain vehicle is transferred 54 20 by operation of law, such as by inheritance, order in 54 21 bankruptcy, insolvency, replevin, or execution sale, the 54 22 transferee, within thirty days after acquiring the right to 54 23 possession of the all-terrain vehicle, shall mail or deliver 54 24 to the county recorder satisfactory proof of ownership as the 54 25 county recorder requires, together with an application for a 54 26 new certificate of title, and the required fee. 54 27 2. If a lienholder repossesses an all-terrain vehicle by 54 28 operation of law and holds it for resale, the lienholder shall 54 29 secure a new certificate of title and shall pay the required 54 30 fee. 54 31 Sec. 75. NEW SECTION. 321I.32 SECURITY INTEREST – 54 32 PERFECTION AND TITLES – FEE. 54 33 1. A security interest created in this state in an all- 54 34 terrain vehicle is not perfected until the security interest 54 35 is noted on the certificate of title. 55 1 a. To perfect the security interest, an application for 55 2 security interest must be presented along with the original 55 3 title. The county recorder shall note the security interest 55 4 on the face of the title and on the copy in the recorder's 55 5 office. 55 6 b. The application fee for a security interest is ten 55 7 dollars. Five dollars of the fee shall be credited to the 55 8 special all-terrain vehicle fund created under section 321I.7. 55 9 The remaining five dollars shall be retained by the county and 55 10 deposited into the general fund of the county. 55 11 2. The certificate of title shall be presented to the 55 12 county recorder when the application for security interest or 55 13 for assignment of the security interest is presented and a new 55 14 or endorsed certificate of title shall be issued to the 55 15 secured party with the name and address of the secured party 55 16 upon it. 55 17 3. The secured party shall present the certificate of 55 18 title to the county recorder when a release statement is filed 55 19 and a new or endorsed certificate shall be issued to the 55 20 owner. 55 21 Sec. 76. NEW SECTION. 321I.33 VEHICLE IDENTIFICATION 55 22 NUMBER. 55 23 1. The department may assign a distinguishing number to an 55 24 all-terrain vehicle when the serial number on the all-terrain 55 25 vehicle is destroyed or obliterated and issue to the owner a 55 26 special plate bearing the distinguishing number which shall be 55 27 affixed to the all-terrain vehicle in a position to be 55 28 determined by the department. The all-terrain vehicle shall 55 29 be registered and titled under the distinguishing number in 55 30 lieu of the former serial number. Every all-terrain vehicle 55 31 shall have a vehicle identification number assigned and 55 32 affixed as required by the department. 55 33 2. The commission shall adopt, by rule, the procedures for 55 34 application and for issuance of a vehicle identification 55 35 number for homebuilt all-terrain vehicles. 56 1 3. A person shall not destroy, remove, alter, cover, or 56 2 deface the manufacturer's vehicle identification number, the 56 3 plate bearing it, or any vehicle identification number the 56 4 department assigns to an all-terrain vehicle without the 56 5 department's permission. 56 6 4. A person other than a manufacturer who constructs or 56 7 rebuilds an all-terrain vehicle for which there is no legible 56 8 vehicle identification number shall submit to the department 56 9 an affidavit which describes the all-terrain vehicle. In 56 10 cooperation with the county recorder, the department shall 56 11 assign a vehicle identification number to the all-terrain 56 12 vehicle. The applicant shall permanently affix the vehicle 56 13 identification number to the all-terrain vehicle in a manner 56 14 that such alteration, removal, or replacement of the vehicle 56 15 identification number would be obvious. 56 16 Sec. 77. Section 232.8, subsection 1, paragraph b, Code 56 17 2003, is amended to read as follows: 56 18 b. Violations by a child of provisions of chapter 321, 56 19 321G, 321I, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 56 20 484B, which would be simple misdemeanors if committed by an 56 21 adult, and violations by a child of county or municipal curfew 56 22 or traffic ordinances, are excluded from the jurisdiction of 56 23 the juvenile court and shall be prosecuted as simple 56 24 misdemeanors as provided by law. A child convicted of a 56 25 violation excluded from the jurisdiction of the juvenile court 56 26 under this paragraph shall be sentenced pursuant to section 56 27 805.8, where applicable, and pursuant to section 903.1, 56 28 subsection 3, for all other violations. 56 29 Sec. 78. Section 322D.1, subsection 1, Code 2003, is 56 30 amended to read as follows: 56 31 1. "All-terrain vehicle" means the same as defined in 56 32 section321G.1321I.1. 56 33 Sec. 79. Section 322F.1, subsection 1, Code 2003, is 56 34 amended to read as follows: 56 35 1. "All-terrain vehicle" means the same as defined in 57 1 section321G.1321I.1. 57 2 Sec. 80. Section 322F.1, subsection 4, paragraph a, 57 3 subparagraph (2), Code 2003, is amended to read as follows: 57 4 (2) All-terrain vehicles, as defined in section321G.157 5 321I.1. 57 6 Sec. 81. Section 331.362, subsection 9, Code 2003, is 57 7 amended to read as follows: 57 8 9. A county may regulate traffic on and use of the 57 9 secondary roads, in accordance with sections 321.236 to 57 10 321.250, 321.254, 321.255, 321.285, subsection 5, sections 57 11 321.352, 321.471 to 321.473, and other applicable provisions 57 12 of chapter 321, and sections 321G.9,and327G.15, 321I.9, and 57 13 321I.15. 57 14 Sec. 82. Section 331.427, subsection 1, unnumbered 57 15 paragraph 1, Code 2003, is amended to read as follows: 57 16 Except as otherwise provided by state law, county revenues 57 17 from taxes and other sources for general county services shall 57 18 be credited to the general fund of the county, including 57 19 revenues received under sections 9I.11, 101A.3, 101A.7, 57 20 123.36, 123.143, 142B.6, 176A.8, 321.105, 321.152, 321G.7, 57 21 321I.7, section 331.554, subsection 6, sections 341A.20, 57 22 364.3, 368.21, 422A.2, 428A.8, 430A.3, 433.15, 434.19, 445.57, 57 23 453A.35, 458A.21, 483A.12, 533.24, 556B.1, 583.6, 602.8108, 57 24 904.908, and 906.17, and chapter 405A, and the following: 57 25 Sec. 83. Section 331.602, subsection 16, Code 2003, is 57 26 amended to read as follows: 57 27 16. Issue snowmobile and all-terrain vehicle registrations 57 28 as provided in sections 321G.4, 321G.6,and321G.21, 321I.4, 57 29 321I.6, and 321I.21. 57 30 Sec. 84. Section 331.605, Code 2003, is amended by adding 57 31 the following new subsection: 57 32 NEW SUBSECTION. 4A. For the issuance of all-terrain 57 33 vehicle registrations, the fees specified in section 321I.4. 57 34 Sec. 85. Section 350.5, Code 2003, is amended to read as 57 35 follows: 58 1 350.5 REGULATIONS – PENALTY – OFFICERS. 58 2 The county conservation board may make, alter, amend or 58 3 repeal regulations for the protection, regulation, and control 58 4 of all museums, parks, preserves, parkways, playgrounds, 58 5 recreation centers, and other property under its control. The 58 6 regulations shall not be contrary to, or inconsistent with, 58 7 the laws of this state. The regulations shall not take effect 58 8 until ten days after their adoption by the board and after 58 9 their publication as provided in section 331.305 and after a 58 10 copy of the regulations has been posted near each gate or 58 11 principal entrance to the public ground to which they apply. 58 12 After the publication and posting, a person violating a 58 13 provision of the regulations which are then in effect is 58 14 guilty of a simple misdemeanor. The board may designate the 58 15 director and those employees as the director may designate as 58 16 police officers who shall have all the powers conferred by law 58 17 on police officers, peace officers, or sheriffs in the 58 18 enforcement of the laws of this state and the apprehension of 58 19 violators upon all property under its control within and 58 20 without the county. The board may grant the director and 58 21 those employees of the board designated as police officers the 58 22 authority to enforce the provisions of chapters 321G, 321I, 58 23 461A, 462A, 481A, and 483A on land not under the control of 58 24 the board within the county. 58 25 Sec. 86. Section 455A.4, subsection 1, paragraph b, Code 58 26 2003, is amended to read as follows: 58 27 b. Provide overall supervision, direction, and 58 28 coordination of functions to be administered by the 58 29 administrators under chapters 321G, 321I, 455B, 455C, 456, 58 30 456A, 456B, 457A, 458A, 459, subchapters I, II, III, IV, and 58 31 VI, chapters 461A, 462A, 462B, 464A, 465C, 473, 481A, 481B, 58 32 483A, 484A, and 484B. 58 33 Sec. 87. Section 455A.5, subsection 6, paragraphs a, b, 58 34 and d, Code 2003, are amended to read as follows: 58 35 a. Establish policy and adopt rules, pursuant to chapter 59 1 17A, necessary to provide for the effective administration of 59 2 chapter 321G, 321I, 456A, 456B, 457A, 461A, 462A, 462B, 464A, 59 3 465C, 481A, 481B, 483A, 484A, or 484B. 59 4 b. Hear appeals in contested cases pursuant to chapter 17A 59 5 on matters relating to actions taken by the director under 59 6 chapter 321G, 321I, 456A, 456B, 457A, 461A, 462A, 462B, 464A, 59 7 465C, 481A, 481B, 483A, 484A, or 484B. 59 8 d. Approve the budget request prepared by the director for 59 9 the programs authorized by chapters 321G, 321I, 456A, 456B, 59 10 457A, 461A, 462A, 462B, 464A, 481A, 481B, 483A, 484A, and 59 11 484B. The commission may increase, decrease, or strike any 59 12 item within the department budget request for the specified 59 13 programs before granting approval. 59 14 Sec. 88. Section 456A.14, Code 2003, is amended to read as 59 15 follows: 59 16 456A.14 TEMPORARY APPOINTMENTS – PEACE OFFICER STATUS. 59 17 The director may appoint temporary officers for a period 59 18 not to exceed six months and may adopt minimum physical, 59 19 educational, mental, and moral requirements for the temporary 59 20 officers. Chapter 80B does not apply to the temporary 59 21 officers. Temporary officers have all the powers of peace 59 22 officers in the enforcement of this chapter and chapters 321G, 59 23 321I, 456B, 461A, 461B, 462A, 462B, 463B, 465C, 481A, 481B, 59 24 482, 483A, 484A, and 484B, and the trespass laws. 59 25 Sec. 89. Section 456A.24, subsection 12, Code 2003, is 59 26 amended to read as follows: 59 27 12. Adopt rules authorizing officers and employees of the 59 28 department who are peace officers to issue warning citations 59 29 for violations of this chapter and chapters 321G, 321I, 350, 59 30 456B, 457A, 461A through 461C, 462A, 462B, 463B, 464A, 465A 59 31 through 465C, 481A, 481B, 482, 483A, 484A, and 484B. 59 32 Sec. 90. Section 805.8B, subsection 2, Code 2003, is 59 33 amended to read as follows: 59 34 2. SNOWMOBILE AND ALL-TERRAIN VEHICLE VIOLATIONS. 59 35 a. For registration violations undersectionsections 60 1 321G.3 and 321I.3, the scheduled fine is twenty dollars. When 60 2 the scheduled fine is paid, the violator shall submit 60 3 sufficient proof that a valid registration has been obtained. 60 4 b. For operating violations under section 321G.9, 60 5 subsections 1, 2, 3, 4, 5, and 7, sections 321G.11,and60 6 321G.13, subsection 1, paragraph "d", section 321I.9, 60 7 subsections 1, 2, 3, 4, 5, and 7, and sections 321I.11 and 60 8 321I.13, subsection 1, paragraph "d", the scheduled fine is 60 9 twenty dollars. 60 10 c. For improper or defective equipment undersection60 11 sections 321G.12 and 321I.12, the scheduled fine is ten 60 12 dollars. 60 13 d. For violations ofsectionsections 321G.19 and 321I.19, 60 14 the scheduled fine is fifteen dollars. 60 15 e. For identification violations undersectionsections 60 16 321G.5 and 321I.5, the scheduled fine is ten dollars. 60 17 Sec. 91. Section 805.16, subsection 1, Code 2003, is 60 18 amended to read as follows: 60 19 1. Except as provided in subsection 2 of this section, a 60 20 peace officer shall issue a police citation or uniform 60 21 citation and complaint, in lieu of making a warrantless 60 22 arrest, to a person under eighteen years of age accused of 60 23 committing a simple misdemeanor under chapter 321, 321G, 321I, 60 24 461A, 461B, 462A, 481A, 481B, 483A, 484A, 484B, or a local 60 25 ordinance not subject to the jurisdiction of the juvenile 60 26 court, and shall not detain or confine the person in a 60 27 facility regulated under chapter 356 or 356A. 60 28 Sec. 92. Section 903.1, subsection 3, Code 2003, is 60 29 amended to read as follows: 60 30 3. A person under eighteen years of age convicted of a 60 31 simple misdemeanor under chapter 321, 321G, 321I, 453A, 461A, 60 32 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or a violation of 60 33 a county or municipal curfew or traffic ordinance, except for 60 34 an offense subject to section 805.8, may be required to pay a 60 35 fine, not to exceed one hundred dollars, as fixed by the 61 1 court, or may be required to perform community service as 61 2 ordered by the court. 61 3 EXPLANATION 61 4 This bill provides for the regulation of snowmobiles and 61 5 all-terrain vehicles under separate Code chapters. Under the 61 6 bill, current provisions relating to snowmobile regulation 61 7 remain in Code chapter 321G, and current provisions relating 61 8 to all-terrain vehicles are moved to new Code chapter 321I. 61 9 The bill creates separate funds in the state treasury for 61 10 deposit of snowmobile fees and all-terrain vehicle fees. The 61 11 authority of the department of natural resources to administer 61 12 snowmobile and all-terrain vehicle laws is retained in both 61 13 chapters. The bill makes corresponding technical amendments 61 14 to other sections of the Code affected by the change. 61 15 LSB 1441XS 80 61 16 dea/cf/24.1
Text: SF00152 Text: SF00154 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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