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PAG LIN
1 1 Section 1. Section 321.1, Code 2003, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 45A. "Off-highway vehicle" means a motor
1 4 vehicle which is designed to travel on wheels or tracks in
1 5 contact with the ground and which is designed for and
1 6 generally and commonly used to transport persons for
1 7 recreational purposes off-road. "Off-highway vehicle" does
1 8 not include any of the following:
1 9 a. A snowmobile.
1 10 b. An all-terrain vehicle.
1 11 c. A military vehicle.
1 12 NEW SUBSECTION. 47A. "Off-road" means on public or
1 13 private trails or across natural terrain.
1 14 Sec. 2. Section 321.18, subsection 2, is amended to read
1 15 as follows:
1 16 2. Any such vehicle, except an off-highway vehicle, which
1 17 is driven or moved upon a highway only for the purpose of
1 18 crossing such highway from one property to another.
1 19 Sec. 3. Section 321.105, unnumbered paragraph 1, Code
1 20 2003, is amended to read as follows:
1 21 An annual registration fee shall be paid for each vehicle
1 22 operated upon the public highways of this state, and for each
1 23 off-highway vehicle, unless the vehicle is specifically
1 24 exempted under this chapter. If a vehicle, which has been
1 25 registered for the current registration year, is transferred
1 26 during the registration year, the transferee shall reregister
1 27 the vehicle as provided in section 321.46.
1 28 Sec. 4. NEW SECTION. 321.118 OFF-HIGHWAY VEHICLES.
1 29 For off-highway vehicles not intended for highway use and
1 30 not subject to the fee required under section 321.109, the
1 31 annual registration fee is ten dollars.
1 32 Sec. 5. NEW SECTION. 321N.1 DEFINITIONS.
1 33 As used in this chapter, unless the context otherwise
1 34 requires:
1 35 1. "Department" means the state department of
2 1 transportation.
2 2 2. "Off-highway vehicle" means an off-highway vehicle as
2 3 defined in section 321.1, that is registered as a motor
2 4 vehicle subject to a registration fee under section 321.109 or
2 5 321.118, when it is operated off-road.
2 6 3. "Off-road" means the same as defined in section 321.1.
2 7 Sec. 6. NEW SECTION. 321N.2 OFF-ROAD USER PERMIT – FEE.
2 8 1. A person shall not operate an off-highway vehicle off-
2 9 road unless the person has in the person's possession a valid
2 10 driver's license and a valid off-road user permit. Permits
2 11 shall be issued by the department and may be issued by a
2 12 county recorder pursuant to rules adopted by the director.
2 13 The annual fee for an off-road user permit is ten dollars plus
2 14 a writing fee, if applicable.
2 15 2. A person found guilty of violating this section commits
2 16 a simple misdemeanor punishable as a scheduled violation under
2 17 section 805.8A, subsection 14, paragraph "j".
2 18 Sec. 7. NEW SECTION. 321N.3 OFF-HIGHWAY VEHICLE FUND.
2 19 Fees collected from the sale of off-road user permits shall
2 20 be remitted by the department to the treasurer of state, who
2 21 shall place the money in a special off-highway vehicle fund.
2 22 The money in the fund is appropriated to the department for
2 23 the development of off-highway vehicle programs in the state.
2 24 Such programs may include grants, contracts, or cost-sharing
2 25 of off-highway vehicle programs with political subdivisions or
2 26 incorporated private organizations, or both, in accordance
2 27 with rules adopted by the director of transportation. At
2 28 least fifty percent of the funds shall be available to
2 29 political subdivisions or incorporated private organizations
2 30 or both. Moneys from the fund not used by political
2 31 subdivisions or incorporated private organizations shall
2 32 remain in the fund and may be used by the department for
2 33 administration of off-highway vehicle programs.
2 34 Notwithstanding section 8.33, moneys remaining in the off-
2 35 highway vehicle fund at the end of a fiscal year shall not
3 1 revert to the general fund of the state. Notwithstanding
3 2 section 12C.7, subsection 2, interest or earnings on moneys
3 3 deposited in the fund shall be credited to the fund.
3 4 Sec. 8. NEW SECTION. 321N.4 OFF-HIGHWAY VEHICLES – OFF-
3 5 ROAD OPERATION.
3 6 1. A person shall not operate an off-highway vehicle
3 7 except on trails designated for such use by a political
3 8 subdivision or incorporated private organization, or on
3 9 private property with the owner's consent.
3 10 2. A person shall not operate an off-highway vehicle at a
3 11 rate of speed greater than reasonable or proper under the
3 12 existing circumstances; in a careless, reckless, or negligent
3 13 manner; or while under the influence of an alcoholic beverage
3 14 or controlled substance as those terms are defined in section
3 15 321J.1. A person operating an off-highway vehicle is subject
3 16 to the provisions of chapter 321J.
3 17 3. A person shall not operate an off-highway vehicle
3 18 without lighted headlights and taillights between sunrise and
3 19 sunset or at any time when conditions provide insufficient
3 20 lighting for a person to clearly see obstacles at a distance
3 21 of five hundred feet ahead. A person who violates this
3 22 subsection is guilty of a simple misdemeanor punishable as a
3 23 scheduled violation under section 805.8A, subsection 14,
3 24 paragraph "j".
3 25 4. A person shall not operate or ride in an off-highway
3 26 vehicle with a firearm in the person's possession unless it is
3 27 unloaded and enclosed in a carrying case.
3 28 Sec. 9. NEW SECTION. 321N.5 PERSONS EXEMPT.
3 29 This chapter does not apply to the following persons:
3 30 1. A person performing the person's duties as an employee
3 31 or agent of a unit of government or a public safety agency as
3 32 defined in section 34.1.
3 33 2. A person operating an off-highway vehicle used
3 34 exclusively as an implement of husbandry as defined in section
3 35 321.1.
4 1 3. A person operating an off-highway vehicle on the
4 2 person's own property.
4 3 Sec. 10. NEW SECTION. 321N.6 ADMINISTRATIVE RULES.
4 4 The department may adopt rules pursuant to chapter 17A as
4 5 necessary for the administration of this chapter. The rules
4 6 may include, but shall not be limited to, equipment and safety
4 7 requirements for off-highway vehicles and operators, including
4 8 the use of seat belts and harnesses; incidental operation of
4 9 off-highway vehicles on or across highways and railroad right-
4 10 of-ways; and off-road user permits for nonresidents.
4 11 Sec. 11. NEW SECTION. 321N.7 PENALTY.
4 12 A person who violates this chapter or a rule of the
4 13 department pursuant to this chapter for which a penalty is not
4 14 otherwise specified is guilty of a simple misdemeanor.
4 15 Sec. 12. Section 232.8, subsection 1, paragraph b, Code
4 16 2003, is amended to read as follows:
4 17 b. Violations by a child of provisions of chapter 321,
4 18 321G, 321N, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or
4 19 484B, which would be simple misdemeanors if committed by an
4 20 adult, and violations by a child of county or municipal curfew
4 21 or traffic ordinances, are excluded from the jurisdiction of
4 22 the juvenile court and shall be prosecuted as simple
4 23 misdemeanors as provided by law. A child convicted of a
4 24 violation excluded from the jurisdiction of the juvenile court
4 25 under this paragraph shall be sentenced pursuant to section
4 26 805.8, where applicable, and pursuant to section 903.1,
4 27 subsection 3, for all other violations.
4 28 Sec. 13. Section 805.8A, subsection 14, Code 2003, is
4 29 amended by adding the following new paragraph:
4 30 NEW PARAGRAPH. j. OFF-HIGHWAY VEHICLE VIOLATIONS. For
4 31 violations of sections 321N.2 and 321N.4, subsection 3, the
4 32 scheduled fine is twenty dollars.
4 33 Sec. 14. Section 805.16, subsection 1, Code 2003, is
4 34 amended to read as follows:
4 35 1. Except as provided in subsection 2 of this section, a
5 1 peace officer shall issue a police citation or uniform
5 2 citation and complaint, in lieu of making a warrantless
5 3 arrest, to a person under eighteen years of age accused of
5 4 committing a simple misdemeanor under chapter 321, 321G, 321N,
5 5 461A, 461B, 462A, 481A, 481B, 483A, 484A, 484B, or a local
5 6 ordinance not subject to the jurisdiction of the juvenile
5 7 court, and shall not detain or confine the person in a
5 8 facility regulated under chapter 356 or 356A.
5 9 Sec. 15. Section 903.1, subsection 3, Code 2003, is
5 10 amended to read as follows:
5 11 3. A person under eighteen years of age convicted of a
5 12 simple misdemeanor under chapter 321, 321G, 321N, 453A, 461A,
5 13 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or a violation of
5 14 a county or municipal curfew or traffic ordinance, except for
5 15 an offense subject to section 805.8, may be required to pay a
5 16 fine, not to exceed one hundred dollars, as fixed by the
5 17 court, or may be required to perform community service as
5 18 ordered by the court.
5 19 EXPLANATION
5 20 This bill provides for the registration and regulation of
5 21 off-highway vehicles by the state department of
5 22 transportation. The bill defines "off-highway vehicle" as a
5 23 motor vehicle which is designed to travel on wheels or tracks
5 24 in contact with the ground and which is designed for and
5 25 generally and commonly used to transport persons for
5 26 recreational purposes off-road. "Off-highway vehicle" does
5 27 not include a snowmobile, an all-terrain vehicle, or a
5 28 military vehicle. Off-highway vehicles that are intended to
5 29 be ridden off-road only are required to be registered and
5 30 titled as motor vehicles. The annual registration fee for
5 31 such vehicles is $10.
5 32 The bill creates a new Code chapter 321N to provide for the
5 33 regulation of persons operating off-highway vehicles off-road,
5 34 which is defined as on public or private trails or across
5 35 natural terrain. Such operators are required to obtain an
6 1 annual off-road user permit from the department for a fee of
6 2 $10. The department may adopt rules to allow for the issuance
6 3 of off-road user permits by county recorders. The fees
6 4 collected from the permits are to be placed in a special off-
6 5 highway vehicle fund and are appropriated to the department
6 6 for the development of off-highway vehicle programs in the
6 7 state. The programs may include grants, contracts, or cost-
6 8 sharing arrangements to involve political subdivisions or
6 9 incorporated private organizations, or both. At least 50
6 10 percent of the money from fees is available for programs of
6 11 political subdivisions or incorporated private organizations.
6 12 Remaining moneys may be used by the department for
6 13 administration of off-highway vehicle programs and do not
6 14 revert to the general fund of the state at the end of a fiscal
6 15 year.
6 16 A person is prohibited from operating an off-highway
6 17 vehicle off-road except on trails designated for such use by a
6 18 political subdivision or incorporated private organization, or
6 19 on private property with the owner's consent. The bill sets
6 20 out certain safety requirements for off-highway vehicles and
6 21 operators, and authorizes the department to adopt additional
6 22 requirements by rule.
6 23 The bill provides that government and public safety agency
6 24 employees or agents, persons operating implements of
6 25 husbandry, and persons operating off-highway vehicles on their
6 26 own property are exempt from regulation under the new Code
6 27 chapter. Off-highway vehicles operated by such persons would
6 28 still be subject to the registration requirements for off-road
6 29 vehicles under Code chapter 321.
6 30 A person found guilty of operating an off-highway vehicle
6 31 off-road without a permit, or operating an off-highway vehicle
6 32 without the prescribed lighting equipment when circumstances
6 33 require it, commits a simple misdemeanor punishable by a
6 34 scheduled fine of $20. The penalty provisions in Code chapter
6 35 321J for the offense of operating while intoxicated apply to
7 1 persons operating off-highway vehicles both on the highway and
7 2 off-road. Other violations of the new Code chapter are simple
7 3 misdemeanors punishable by confinement for no more than 30
7 4 days or a fine of at least $50 but not more than $500 or by
7 5 both. A violation of new Code chapter 321N committed by a
7 6 person under 18 years of age is excluded from the jursidiction
7 7 of the juvenile court if the violation is a simple
7 8 misdemeanor, and such violator may be required to pay a fine
7 9 or be sentenced to perform community service.
7 10 LSB 2489SS 80
7 11 dea/cl/14
Text: SF00281 Text: SF00283 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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