Senate File 131
SENATE FILE
BY KIBBIE
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the operation of all=terrain vehicles in
2 cities of a certain size, providing a fee, and making
3 penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1386SS 80
6 dea/cl/14
PAG LIN
1 1 Section 1. Section 321.1, subsection 32, unnumbered
1 2 paragraph 1, Code 2003, is amended to read as follows:
1 3 "Implement of husbandry" means a vehicle or special mobile
1 4 equipment manufactured, designed, or reconstructed for
1 5 agricultural purposes and, except for incidental uses,
1 6 exclusively used in the conduct of agricultural operations.
1 7 "Implements of husbandry" includes all=terrain vehicles
1 8 operated in compliance with section 321.234A, subsection 1,
1 9 fence=line feeders, and vehicles used exclusively for the
1 10 application of organic or inorganic plant food materials,
1 11 organic agricultural limestone, or agricultural chemicals. To
1 12 be considered an implement of husbandry, a self=propelled
1 13 implement of husbandry must be operated at speeds of thirty=
1 14 five miles per hour or less. "Reconstructed" as used in this
1 15 subsection means materially altered from the original
1 16 construction by the removal, addition, or substitution of
1 17 essential parts, new or used.
1 18 Sec. 2. Section 321.20B, subsection 6, Code 2003, is
1 19 amended to read as follows:
1 20 6. This section does not apply to a snowmobile or all=
1 21 terrain vehicle, except an all=terrain vehicle operated as
1 22 provided in section 321.234A, subsection 2, or to a motor
1 23 vehicle identified in section 321.18, subsections 1 through 6,
1 24 and subsection 8.
1 25 Sec. 3. Section 321.109, subsection 1, unnumbered
1 26 paragraph 1, Code 2003, is amended to read as follows:
1 27 The annual fee for all motor vehicles including vehicles
1 28 designated by manufacturers as station wagons, and 1993 and
1 29 subsequent model years for multipurpose vehicles, except motor
1 30 trucks, motor homes, ambulances, hearses, motorcycles, motor
1 31 bicycles, all=terrain vehicles, and 1992 and older model years
1 32 for multipurpose vehicles, shall be equal to one percent of
1 33 the value as fixed by the department plus forty cents for each
1 34 one hundred pounds or fraction thereof of weight of vehicle,
1 35 as fixed by the department. The weight of a motor vehicle,
2 1 fixed by the department for registration purposes, shall
2 2 include the weight of a battery, heater, bumpers, spare tire,
2 3 and wheel. Provided, however, that for any new vehicle
2 4 purchased in this state by a nonresident for removal to the
2 5 nonresident's state of residence the purchaser may make
2 6 application to the county treasurer in the county of purchase
2 7 for a transit plate for which a fee of ten dollars shall be
2 8 paid. And provided, however, that for any used vehicle held
2 9 by a registered dealer and not currently registered in this
2 10 state, or for any vehicle held by an individual and currently
2 11 registered in this state, when purchased in this state by a
2 12 nonresident for removal to the nonresident's state of
2 13 residence, the purchaser may make application to the county
2 14 treasurer in the county of purchase for a transit plate for
2 15 which a fee of three dollars shall be paid. The county
2 16 treasurer shall issue a nontransferable certificate of
2 17 registration for which no refund shall be allowed; and the
2 18 transit plates shall be void thirty days after issuance. Such
2 19 purchaser may apply for a certificate of title by surrendering
2 20 the manufacturer's or importer's certificate or certificate of
2 21 title, duly assigned as provided in this chapter. In this
2 22 event, the treasurer in the county of purchase shall, when
2 23 satisfied with the genuineness and regularity of the
2 24 application, and upon payment of a fee of ten dollars, issue a
2 25 certificate of title in the name and address of the
2 26 nonresident purchaser delivering the same to the person
2 27 entitled to the title as provided in this chapter. The
2 28 provisions of this subsection relating to multipurpose
2 29 vehicles are effective January 1, 1993, for all 1993 and
2 30 subsequent model years. The annual registration fee for
2 31 multipurpose vehicles that are 1992 model years and older
2 32 shall be in accordance with section 321.124.
2 33 Sec. 4. Section 321.117, Code 2003, is amended to read as
2 34 follows:
2 35 321.117 MOTORCYCLE, ALL=TERRAIN VEHICLE, AMBULANCE, AND
3 1 HEARSE FEES.
3 2 For all motorcycles the annual registration fee shall be is
3 3 twenty dollars. For all motorized bicycles the annual
3 4 registration fee shall be is seven dollars. When the a
3 5 motorcycle is more than five model years old, the annual
3 6 registration fee shall be is ten dollars. The annual
3 7 registration fee for all=terrain vehicles operated under
3 8 section 321.234A, subsection 2, is twenty dollars. The annual
3 9 registration fee for ambulances and hearses shall be is fifty
3 10 dollars. Passenger car plates shall be issued for ambulances
3 11 and hearses.
3 12 Sec. 5. Section 321.166, subsection 1, unnumbered
3 13 paragraph 1, Code 2003, is amended to read as follows:
3 14 Registration plates shall be of metal and of a size not to
3 15 exceed six inches by twelve inches, except that the size of
3 16 plates issued for use on all=terrain vehicles operated under
3 17 section 321.234A, subsection 2, motorized bicycles,
3 18 motorcycles, motorcycle trailers, and trailers with an empty
3 19 weight of two thousand pounds or less shall be established by
3 20 the department.
3 21 Sec. 6. Section 321.166, subsections 3 and 4, Code 2003,
3 22 are amended to read as follows:
3 23 3. The registration plate number shall be displayed in
3 24 characters which shall not exceed a height of four inches nor
3 25 a stroke width exceeding five=eighths of an inch. Special
3 26 plates issued to dealers shall display the alphabetical
3 27 character "D", which shall be of the same size as the
3 28 characters in the registration plate. The registration plate
3 29 number issued for all=terrain vehicles operated under section
3 30 321.234A, subsection 2, motorized bicycles, motorcycles,
3 31 trailers with an empty weight of two thousand pounds or less,
3 32 and motorcycle trailers shall be a size prescribed by the
3 33 department.
3 34 4. The registration plate number, except on all=terrain
3 35 vehicles operated under section 321.234A, subsection 2,
4 1 motorized bicycle bicycles, motorcycle motorcycles, motorcycle
4 2 trailer trailers, and trailers with an empty weight of two
4 3 thousand pounds or less shall be of sufficient size to be
4 4 readable from a distance of one hundred feet during daylight.
4 5 Sec. 7. Section 321.234A, Code 2003, is amended to read as
4 6 follows:
4 7 321.234A ALL=TERRAIN VEHICLES == HIGHWAY USE == OPERATION
4 8 IN CITIES.
4 9 1. a. All=terrain Except as provided in subsection 2,
4 10 all=terrain vehicles shall be operated on a highway only
4 11 between sunrise and sunset and only when the operation on the
4 12 highway is incidental to the vehicle's use for agricultural
4 13 purposes. A person operating an all=terrain vehicle on a
4 14 highway shall have a valid driver's license and the vehicle
4 15 shall be operated at speeds of thirty=five miles per hour or
4 16 less.
4 17 2. b. A person convicted of a violation of this section
4 18 subsection is guilty of a simple misdemeanor punishable as a
4 19 scheduled violation under section 805.8A, subsection 3,
4 20 paragraph "f".
4 21 2. An all=terrain vehicle may be operated on a highway
4 22 within a city with a population of less than two thousand,
4 23 provided all of the following conditions are met:
4 24 a. The all=terrain vehicle is registered as a motor
4 25 vehicle under chapter 321 and bears the license plates
4 26 required under section 321.166.
4 27 b. The operator of the all=terrain vehicle is at least
4 28 eighteen years of age and possesses a valid driver's license.
4 29 c. The operator of the all=terrain vehicle is covered by
4 30 an owner's policy of liability insurance or other financial
4 31 liability coverage, as defined in section 321.1, in effect for
4 32 the all=terrain vehicle being operated.
4 33 d. The all=terrain vehicle is equipped with rear lamps and
4 34 brake lights as described in sections 321.387 and 321.404, and
4 35 if operating during the times specified in section 321.384,
5 1 with two headlamps as described in section 321.385.
5 2 The motor vehicle laws and penalties applicable to
5 3 operators of motor vehicles pursuant to this chapter apply to
5 4 a person operating, on a public highway, an all=terrain
5 5 vehicle registered as a motor vehicle, to the extent
5 6 practically applicable. A violation of a provision of this
5 7 subsection not otherwise punishable under this chapter is
5 8 punishable as a scheduled violation under section 805.8A,
5 9 subsection 3, paragraph "f".
5 10 Registration and operation of an all=terrain vehicle under
5 11 this subsection does not constitute an exemption from the
5 12 provisions of chapter 321G.
5 13 Sec. 8. Section 321G.8, unnumbered paragraph 1, Code 2003,
5 14 is amended to read as follows:
5 15 Registration under this chapter shall not be required for
5 16 the following described all=terrain vehicles and snowmobiles:
5 17 Sec. 9. Section 321G.8, subsection 5, Code 2003, is
5 18 amended to read as follows:
5 19 5. All=terrain vehicles used in accordance with section
5 20 321.234A, subsection 1.
5 21 EXPLANATION
5 22 This bill modifies the prohibition on operation of all=
5 23 terrain vehicles on public highways by authorizing their
5 24 operation in cities with a population of less than 2,000 under
5 25 certain conditions. The person operating an all=terrain
5 26 vehicle in such a city must be at least 18 years of age and
5 27 licensed as a motor vehicle driver. The operator must be
5 28 covered by liability insurance or other financial liability
5 29 coverage in effect for the vehicle being operated.
5 30 The all=terrain vehicle must be equipped with rear lamps
5 31 and brake lights, and with two headlamps if conditions
5 32 warrant. The vehicle is required to be registered as a motor
5 33 vehicle under Code chapter 321. The all=terrain vehicle must
5 34 display registration plates of a size and design to be
5 35 established by the state department of transportation. The
6 1 annual fee for registration of an all=terrain vehicle as a
6 2 motor vehicle is $20.
6 3 A person operating an all=terrain vehicle registered as a
6 4 motor vehicle on city streets would be subject to the same
6 5 laws and penalties, including scheduled fines, that apply to
6 6 drivers of other motor vehicles, to the extent practically
6 7 applicable. A violation of a provision of law uniquely
6 8 applicable to an all=terrain vehicle being operated as a motor
6 9 vehicle, not otherwise punishable as a motor vehicle offense,
6 10 would be a simple misdemeanor punishable by a scheduled fine
6 11 of $50.
6 12 Registration of an all=terrain vehicle for the purpose of
6 13 operating it on city streets would not exempt the owner from
6 14 the registration and regulation requirements administered by
6 15 the department of natural resources.
6 16 LSB 1386SS 80
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