House Amendment 1294
PAG LIN
1 1 Amend House File 799 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 <Section 1. Section 321.1, subsection 4, Code
1 5 2009, is amended to read as follows:
1 6 4. "All=terrain vehicle" means a motor vehicle
1 7 designed to travel on three or more wheels and
1 8 designed primarily for off=road recreational use but
1 9 not including farm tractors or equipment, construction
1 10 equipment, forestry vehicles, or lawn and grounds
1 11 maintenance vehicles. "All=terrain vehicle" includes
1 12 off=road utility vehicles.
1 13 Sec. 2. Section 321.1, Code 2009, is amended by
1 14 adding the following new subsection:
1 15 NEW SUBSECTION. 47A. "Off=road utility vehicle"
1 16 means a motorized flotation=tire vehicle with not less
1 17 than four and not more than eight low=pressure tires
1 18 that is limited in engine displacement to less than
1 19 one thousand five hundred cubic centimeters and in
1 20 total dry weight to not more than two thousand pounds
1 21 and that has a seat that is of bucket or bench design,
1 22 not intended to be straddled by the operator, and a
1 23 steering wheel or control levers for control.
1 24 Sec. 3. Section 321.234A, subsection 1, Code 2009,
1 25 is amended by adding the following new paragraph:
1 26 NEW PARAGRAPH. f. The all=terrain vehicle is an
1 27 off=road utility vehicle operated in accordance with
1 28 section 321.238.
1 29 Sec. 4. Section 321.236, Code 2009, is amended by
1 30 adding the following new subsection:
1 31 NEW SUBSECTION. 15. Regulating the operation of
1 32 off=road utility vehicles as provided in section
1 33 321.238.
1 34 Sec. 5. NEW SECTION. 321.238 OPERATION OF
1 35 OFF=ROAD UTILITY VEHICLES.
1 36 1. Local authorities, with respect to streets or
1 37 highways under their jurisdiction, may allow the
1 38 operation of off=road utility vehicles during any
1 39 period between sunrise and sunset by a person having a
1 40 valid driver's license.
1 41 2. Except as provided in section 321.234A, an
1 42 off=road utility vehicle shall not be operated on a
1 43 primary highway or on a city street which is a primary
1 44 road extension through a city, except to cross the
1 45 primary highway or city street.
1 46 3. Off=road utility vehicles are not subject to
1 47 the registration requirements of this chapter.
1 48 4. A person convicted of a violation under this
1 49 section is guilty of a simple misdemeanor punishable
1 50 as a scheduled violation under section 805.8A,
2 1 subsection 3, paragraph "f".
2 2 Sec. 6. Section 321I.1, subsection 1, paragraph c,
2 3 Code 2009, is amended to read as follows:
2 4 c. Off=road utility vehicles shall be considered
2 5 all=terrain vehicles for the purpose of registration,
2 6 but are exempt from the dealer registration
2 7 requirements and the titling requirements of this
2 8 chapter. An operator of an off=road utility vehicle
2 9 is subject to provisions governing the operation of
2 10 all=terrain vehicles in section sections 321.234A and
2 11 321.238 and this chapter, but is exempt from the
2 12 safety instruction and certification program
2 13 requirements of sections 321I.25 and 321I.26. A
2 14 motorized vehicle that was previously titled or is
2 15 currently titled under chapter 321 shall not be
2 16 registered or operated as an off=road utility vehicle.
2 17 Sec. 7. Section 321I.10, subsection 1, Code 2009,
2 18 is amended to read as follows:
2 19 1. A person shall not operate an all=terrain
2 20 vehicle upon roadways or highways except as provided
2 21 in section sections 321.234A and 321.238 and this
2 22 section.
2 23 Sec. 8. Section 805.8A, subsection 3, paragraph f,
2 24 Code 2009, is amended to read as follows:
2 25 f. For violations under sections 321.234A,
2 26 321.238, 321.247, 321.381, and 321.381A, the scheduled
2 27 fine is fifty dollars.
2 28 Sec. 9. Section 321I.1, subsection 16, paragraph
2 29 b, if enacted by 2009 Iowa Acts, House File 722, is
2 30 amended to read as follows:
2 31 b. An owner of an off=road utility vehicle may
2 32 register or title an off=road utility vehicle in order
2 33 to legally operate the off=road vehicle on public ice,
2 34 a designated riding area, or a designated riding
2 35 trail. The operator of an off=road utility vehicle is
2 36 subject to provisions governing the operation of
2 37 all=terrain vehicles in section sections 321.234A, and
2 38 321.238 and this chapter, but is exempt from the
2 39 safety instruction and certification program
2 40 requirements of sections 321I.25 and 321I.26. An
2 41 operator of an off=road utility vehicle shall not
2 42 operate the vehicle on a designated riding area or
2 43 designated riding trail unless the department has
2 44 posted signage indicating the riding area or trail is
2 45 open to the operation of off=road utility vehicles.
2 46 Off=road utility vehicles are exempt from the dealer
2 47 registration and titling requirements of this chapter.
2 48 A motorized vehicle that was previously titled or is
2 49 currently titled under chapter 321 shall not be
2 50 registered or operated as an off=road utility
3 1 vehicle.>
3 2 #2. Title page, by striking lines 1 through 3 and
3 3 inserting the following: <An Act concerning the
3 4 operation of off=road utility vehicles on roads under
3 5 the jurisdiction of local authorities and providing a
3 6 penalty.>
3 7 #3. By renumbering as necessary.
3 8
3 9
3 10
3 11 MAY of Dickinson
3 12 HF 799.701 83
3 13 dea/dea/12510
-1-