321G.13  Unlawful operation.

A person shall not drive or operate an all-terrain vehicle or snowmobile:

1.  At a rate of speed greater than reasonable or proper under all existing circumstances.

2.  In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto.

3.  While under the influence of intoxicating liquor or narcotics or habit-forming drugs.

4.  Without a lighted headlight and taillight from sunset to sunrise and at such other times when conditions provide insufficient lighting to render clearly discernible persons and vehicles at a distance of five hundred feet ahead.

5.  In any tree nursery or planting in a manner which damages or destroys growing stock.

6.  On any public land, ice, or snow, in violation of official signs of the commission prohibiting such operation in the interest of safety for persons, property, or the environment. Any officer appointed by the commission may post an official sign in an emergency for the protection of persons, property, or the environment.

7.  In or on any park or fish and game areas except on designated all-terrain vehicle or snowmobile trails.

8.  Upon an operating railroad right-of-way. An all-terrain vehicle or snowmobile may be driven directly across a railroad right-of-way only at an established crossing and, notwithstanding any other provisions of law, may, if necessary, use the improved portion of the established crossing after yielding to all oncoming traffic. This subsection does not apply to a law enforcement officer or railroad employee in the lawful discharge of the officer's or employee's duties or to an employee of a utility with authority to enter upon the railroad right-of-way in the lawful performance of the employee's duties.

9.  On any public road or street without a bright colored pennant or flag displayed at least sixty inches above the ground. Said pennant or flag shall be a minimum of six inches by nine inches, shall be orange and shall provide a fluorescent effect.

10.  On public land without a measurable snow cover except as provided in section 321.234A or in specific areas permitted by the commission, such as "all-terrain vehicle parks" which are designated and intended for use with or without snow.

11.  A person shall not operate or ride in an all-terrain vehicle or snowmobile with a firearm in the person's possession unless it is unloaded and enclosed in a carrying case. However, a nonambulatory person may carry an uncased and unloaded firearm while operating or riding an all-terrain vehicle or a snowmobile.

12.  A person shall not operate an all-terrain vehicle while carrying a passenger.

Section History: Early form

  [C71, 73, 75, 77, 79, 81, § 321G.13; 81 Acts, ch 113, § 8]

Section History: Recent form

  89 Acts, ch 244, § 25, 26; 91 Acts, ch 236, §3; 99 Acts, ch 97, §1

Internal References

  Referred to in § 805.8(4b)

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