H-8400

   Amend House File 2130, as amended, passed, and reprinted by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 321.234A, subsection 1, paragraph f, Code 2022, is amended to read as follows:
   f.  The all-terrain vehicle is operated on a county roadway primary highway in accordance with section 321I.10, subsection 1A, a secondary road in accordance with section 321I.10, subsection 2, or a city street in accordance with section 321I.10, subsection 3.
   Sec. 2.  Section 321.234A, subsection 2, Code 2022, is amended to read as follows:
   2.  A person operating an all-terrain vehicle on a highway shall have a valid driver’s license and the vehicle shall be operated operate the vehicle at speeds of thirty-five miles per hour or less.  In addition, a person operating an all-terrain vehicle on a highway pursuant to subsection 1, paragraphs “b” through “g”, shall be at least eighteen years of age and have financial liability coverage in effect for the vehicle and carry proof of such financial liability coverage in accordance with section 321.20B.
   Sec. 3.  Section 321.234A, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  As provided in section 321.1, an all-terrain vehicle is a motor vehicle for purposes of this chapter. Therefore, an all-terrain vehicle operated on a highway shall be equipped with the parts, lamps, and other equipment in proper condition and adjustment as required under this chapter for motor vehicles, including but not limited to the parts, lamps, and equipment required under sections 321.386, 321.387, 321.404, 321.432, and 321.437.
   Sec. 4.  Section 321.384, subsection 1, Code 2022, is amended to read as follows:
   1.  Every motor vehicle upon a highway within the state, at any time from sunset to sunrise, and at such other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet ahead, shall display lighted headlamps as provided in section 321.415, subject to exceptions with respect to parked vehicles as provided in this chapter.  However, an all-terrain vehicle shall display lighted headlamps as provided in section 321.415 at all times while the vehicle is operated on a highway.
   Sec. 5.  Section 321.385, Code 2022, is amended to read as follows:
   321.385  Headlamps on motor vehicles.
   Every motor vehicle other than a motorcycle,or motorized bicycle, or all-terrain vehicle shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this chapter.
   Sec. 6.  Section 321.386, Code 2022, is amended to read as follows:
   321.386  Headlamps on motorcycles,and motorized bicycles, and all-terrain vehicles.
   Every motorcycle,and motorized bicycle, and all-terrain vehicle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this chapter.
   Sec. 7.  Section 321I.8, subsection 2, Code 2022, is amended to read as follows:
   2.  The department shall remit the fees, including user fees collected pursuant to section 321I.5, to the treasurer of state, who shall place the money in a special all-terrain vehicle fund. The money is appropriated to the department for the all-terrain vehicle programs of the state. The programs shall include grants, subgrants, contracts, or cost-sharing of all-terrain vehicle programs with political subdivisions or incorporated private organizations or both in accordance with rules adopted by the commission. All-terrain vehicle fees may be used for the establishment, maintenance, and operation of all-terrain vehicle recreational riding areas through the awarding of grants administered by the department, but shall not be used for law enforcement purposes outside of a designated off-highway vehicle recreational riding area or for purchasing, installing, or maintaining signs along a highway outside of a designated off-highway vehicle recreational riding area. All-terrain vehicle recreational riding areas established, maintained, or operated by the use of such grants shall not be operated for profit. All programs using cost-sharing, grants, subgrants, or contracts shall establish and implement an education instruction program either singly or in cooperation with other all-terrain vehicle programs. All-terrain vehicle fees may be used to support all-terrain vehicle programs on a usage basis. At least fifty percent of the special fund shall be available for political subdivisions or incorporated private organizations or both. Moneys from the special fund not used by the political subdivisions or incorporated private organizations or both shall remain in the fund and may be used by the department for the administration of the all-terrain vehicle programs. Notwithstanding section 8.33, moneys in the special fund shall not revert to the general fund of the state at the end of a fiscal year. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the special fund shall remain in the fund.
   Sec. 8.  Section 321I.10, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A registered all-terrain vehicle or off-road utility vehicle may be operated on an undivided two-lane primary highway that is not part of the interstate road system over the most direct and accessible route between any of the following locations:
   a.  An all-terrain vehicle park or trail.
   b.  A secondary road on which such vehicles are authorized to operate under subsection 2.
   c.  A city street on which such vehicles are authorized to operate under subsection 3.
   d.  The vehicle operator’s residence.
   Sec. 9.  Section 321I.10, subsections 2 and 3, Code 2022, are amended to read as follows:
   2.  a.  A registered all-terrain vehicle or off-road utility vehicle may be operated on any of the roadways of that portion of county highways designated by the county board of supervisors for such use during a specified period following secondary roads:
   (1)  An unpaved secondary road.
   (2)  A paved, undivided two-lane secondary road over the most direct and accessible route between any of the following locations:
   (a)  An all-terrain vehicle park or trail.
   (b)  Another secondary road on which such vehicles are authorized to operate under this paragraph.
   (c)  A city street on which such vehicles are authorized to operate under subsection 3.
   (d)  The vehicle operator’s residence.
   (3)  A paved, undivided secondary road or segment thereof, if authorized by the county board of supervisors. The county board of supervisors shall evaluate the traffic conditions on all county highways such secondary roads under its jurisdiction and designate roadways on which all-terrain vehicles or off-road utility vehicles may be operated for the specified period without unduly interfering with or constituting an undue hazard to conventional motor vehicle traffic. In designating such roadways, the board may authorize all-terrain vehicles and off-road utility vehicles to stop at service stations or convenience stores along a designated roadway.
   b.  Notwithstanding paragraph “a”, a county may prohibit the operation of all-terrain vehicles and off-road utility vehicles on a secondary road or segment thereof under its jurisdiction as follows:
   (1)  When the secondary road or segment thereof is closed to motor vehicle traffic pursuant to section 306.41.
   (2)  When the secondary road or segment thereof is designated as a detour route pursuant to section 306.41.
   (3)  For any other secondary road or segment thereof, for no more than seven consecutive days and no more than thirty days in a calendar year when the prohibited days are established by ordinance.
   3.  Cities A city may regulate the operation of registered all-terrain vehicles and off-road utility vehicles and may designate streets under the jurisdiction of cities the city within their respective its corporate limits, and two-lane primary and secondary road extensions in the city, which may be used for the operation of registered all-terrain vehicles or registered off-road utility such vehicles. In designating such streets, the city may authorize all-terrain vehicles and off-road utility vehicles to stop at service stations or convenience stores along a designated street.  However, a city shall not charge a fee to operate a registered all-terrain vehicle or off-road utility vehicle within the city.
   Sec. 10.  Section 321I.10, subsection 5, unnumbered paragraph 1, Code 2022, is amended to read as follows:
   An all-terrain vehicle or off-road utility vehicle may make a direct crossing of a highway that is not part of the interstate road system provided all of the following occur:
   Sec. 11.  Section 321I.10, subsection 5, paragraph e, Code 2022, is amended to read as follows:
   e.  The crossing is made from a street, roadway, or highway designated as an all-terrain vehicle trail by a state agency, county, or city on which the all-terrain vehicle or off-road utility vehicle is authorized to operate to a street, roadway, or highway designated as an all-terrain vehicle trail by a state agency, county, or city on which such vehicle is authorized to operate.>