Senate File 153
SENATE FILE
BY REHBERG
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the regulation of snowmobiles and all=terrain
2 vehicles and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1441XS 80
5 dea/cf/24
PAG LIN
1 1 Section 1. Section 321G.1, subsection 1, Code 2003, is
1 2 amended by striking the subsection and inserting in lieu
1 3 thereof the following:
1 4 1. "All=terrain vehicle" means the same as defined in
1 5 section 321I.1.
1 6 Sec. 2. Section 321G.1, subsections 4, 7, 10, 11, 12, 15,
1 7 and 17, Code 2003, are amended to read as follows:
1 8 4. "Dealer" means a person engaged in the business of
1 9 buying, selling, or exchanging all=terrain vehicles or
1 10 snowmobiles required to be registered under this chapter and
1 11 who has an established place of business for that purpose in
1 12 this state.
1 13 7. "Manufacturer" means a person engaged in the business
1 14 of constructing or assembling all=terrain vehicles or
1 15 snowmobiles required to be registered under this chapter and
1 16 who has an established place of business for that purpose in
1 17 this state.
1 18 10. "Operate" means to ride in or on, other than as a
1 19 passenger, use, or control the operation of an all=terrain
1 20 vehicle or a snowmobile in any manner, whether or not the all=
1 21 terrain vehicle or snowmobile is moving.
1 22 11. "Operator" means a person who operates or is in actual
1 23 physical control of an all=terrain vehicle or a snowmobile.
1 24 12. "Owner" means a person, other than a lienholder,
1 25 having the property right in or title to an all=terrain
1 26 vehicle or a snowmobile. The term includes a person entitled
1 27 to the use or possession of an all=terrain vehicle or a
1 28 snowmobile subject to an interest in another person, reserved
1 29 or created by agreement and securing payment or performance of
1 30 an obligation, but the term excludes a lessee under a lease
1 31 not intended as security.
1 32 15. "Railroad right=of=way" shall mean means the full
1 33 width of property owned, leased, or subject to easement for
1 34 railroad purposes and shall not be is not limited to those
1 35 areas on which tracks are located.
2 1 17. "Safety certificate" means an all=terrain vehicle or a
2 2 snowmobile safety certificate issued by the commission to a
2 3 qualified applicant who is twelve years of age or more.
2 4 Sec. 3. Section 321G.2, Code 2003, is amended to read as
2 5 follows:
2 6 321G.2 RULES.
2 7 The commission may adopt rules for the following purposes:
2 8 1. Registration and titling of all=terrain vehicles and
2 9 snowmobiles.
2 10 2. Use of all=terrain vehicles and snowmobiles as far as
2 11 game and fish resources or habitats are affected.
2 12 3. Use of all=terrain vehicles and snowmobiles on public
2 13 lands under the jurisdiction of the commission.
2 14 4. Use of all=terrain vehicles and snowmobiles on any
2 15 waters of the state under the jurisdiction of the commission,
2 16 while the waters are frozen.
2 17 5. Establish Establishment of a program of grants,
2 18 subgrants, and contracts to be administered by the department
2 19 for the development and delivery of certified courses of
2 20 instruction for the safe use and operation of all=terrain
2 21 vehicles and snowmobiles by political subdivisions and
2 22 incorporated private organizations.
2 23 6. Issuance of safety certificates.
2 24 7. Issuance of competition registrations and the
2 25 participation of all=terrain vehicles and snowmobiles so
2 26 registered in special events.
2 27 The director of transportation may adopt rules not
2 28 inconsistent with this chapter regulating the use of all=
2 29 terrain vehicles and snowmobiles on streets and highways.
2 30 Cities may designate streets under the jurisdiction of cities
2 31 within their respective corporate limits which may be used for
2 32 snowmobiling and the sport of driving all=terrain vehicles.
2 33 In adopting the rules, consideration shall be given to the
2 34 need to protect the environment and the public health, safety,
2 35 and welfare; to protect private property, public parks, and
3 1 other public lands; to protect wildlife and wildlife habitat;
3 2 and to promote uniformity of rules relating to the use,
3 3 operation, and equipment of all=terrain vehicles and
3 4 snowmobiles. The rules shall be in conformance with chapter
3 5 17A.
3 6 Sec. 4. Section 321G.3, Code 2003, is amended to read as
3 7 follows:
3 8 321G.3 REGISTRATION AND NUMBERING REQUIRED.
3 9 1. Each all=terrain vehicle and snowmobile used on public
3 10 land or ice of this state shall be currently registered and
3 11 numbered. A person shall not operate, maintain, or give
3 12 permission for the operation or maintenance of an all=terrain
3 13 vehicle or a snowmobile on public land or ice unless the all=
3 14 terrain vehicle or snowmobile is numbered in accordance with
3 15 this chapter, or in accordance with applicable federal laws,
3 16 or in accordance with an approved numbering system of another
3 17 state, and unless the identifying number set forth in the
3 18 registration is displayed as prescribed by rules of the
3 19 commission.
3 20 2. A registration number shall be assigned, without
3 21 payment of fee, to all=terrain vehicles and snowmobiles owned
3 22 by the state of Iowa or its political subdivisions upon
3 23 application for the number, and the assigned registration
3 24 number shall be displayed on the all=terrain vehicle or
3 25 snowmobile as required under section 321G.5. A registration
3 26 number and certificate shall be assigned, without payment of
3 27 fee, to an all=terrain vehicle or a snowmobile which is exempt
3 28 from registration but is being titled. A decal displaying an
3 29 audit number shall not be issued and the registration shall
3 30 not expire while the all=terrain vehicle or snowmobile is
3 31 exempt. The application for registration shall indicate the
3 32 reason for exemption from the fee. The registration
3 33 certificate shall indicate the reason for exemption.
3 34 Sec. 5. Section 321G.4, Code 2003, is amended to read as
3 35 follows:
4 1 321G.4 REGISTRATION WITH COUNTY RECORDER == FEE.
4 2 The owner of each all=terrain vehicle or snowmobile
4 3 required to be numbered shall register it every two years with
4 4 the county recorder of the county in which the owner resides
4 5 or, if the owner is a nonresident, the owner shall register it
4 6 in the county in which the all=terrain vehicle or snowmobile
4 7 is principally used. The commission has supervisory
4 8 responsibility over the registration of all=terrain vehicles
4 9 and snowmobiles and shall provide each county recorder with
4 10 registration forms and certificates and shall allocate
4 11 identification registration numbers to each county.
4 12 The owner of the all=terrain vehicle or snowmobile shall
4 13 file an application for registration with the appropriate
4 14 county recorder on forms provided by the commission. The
4 15 application shall be completed and signed by the owner of the
4 16 all=terrain vehicle or snowmobile and shall be accompanied by
4 17 a fee of twenty=five dollars and a writing fee. An all=
4 18 terrain vehicle or a A snowmobile shall not be registered by
4 19 the county recorder until the county recorder is presented
4 20 with receipts, bills of sale, or other satisfactory evidence
4 21 that the sales or use tax has been paid for the purchase of
4 22 the all=terrain vehicle or snowmobile or that the owner is
4 23 exempt from paying the tax. However, an owner of an all=
4 24 terrain vehicle, except an all=terrain vehicle purchased new
4 25 on or after January 1, 1990, may apply for registration
4 26 without proof of sales or use tax paid until one year after
4 27 January 1, 1990. An all=terrain vehicle or A snowmobile that
4 28 has an expired registration certificate from another state may
4 29 be registered in this state upon proper application, payment
4 30 of all applicable registration and writing fees, and payment
4 31 of a penalty of five dollars.
4 32 Upon receipt of the application in approved form
4 33 accompanied by the required fees, the county recorder shall
4 34 enter it upon the records and shall issue to the applicant a
4 35 pocket=size registration certificate. The certificate shall
5 1 be executed in triplicate, one copy to be delivered to the
5 2 owner, one copy to the commission, and one copy to be retained
5 3 on file by the county recorder. The registration certificate
5 4 shall bear the number awarded to the all=terrain vehicle or
5 5 snowmobile and the name and address of the owner. The
5 6 registration certificate shall be carried either in the all=
5 7 terrain vehicle or snowmobile or on the person of the operator
5 8 of the machine snowmobile when in use. The operator of an
5 9 all=terrain vehicle or a snowmobile shall exhibit the
5 10 registration certificate to a peace officer upon request, to a
5 11 person injured in an accident involving an all=terrain vehicle
5 12 or a snowmobile, or to the owner or operator of another all=
5 13 terrain vehicle or snowmobile or the owner of personal or real
5 14 property when the all=terrain vehicle or snowmobile is
5 15 involved in a collision or accident of any nature with another
5 16 all=terrain vehicle or snowmobile or the property of another
5 17 person, or to the property owner or tenant when the all=
5 18 terrain vehicle or snowmobile is being operated on private
5 19 property without permission from the property owner or tenant.
5 20 If an all=terrain vehicle or a snowmobile is placed in
5 21 storage, the owner shall return the current registration
5 22 certificate to the county recorder with an affidavit stating
5 23 that the all=terrain vehicle or snowmobile is placed in
5 24 storage and the effective date of storage. The county
5 25 recorder shall notify the commission of each all=terrain
5 26 vehicle or snowmobile placed in storage. When the owner of a
5 27 stored all=terrain vehicle or snowmobile desires to renew the
5 28 registration, the owner shall make application to the county
5 29 recorder and pay the registration and writing fees without
5 30 penalty. A refund of the registration fee shall not be
5 31 allowed for a stored all=terrain vehicle or snowmobile.
5 32 Sec. 6. Section 321G.5, Code 2003, is amended to read as
5 33 follows:
5 34 321G.5 DISPLAY OF IDENTIFICATION NUMBERS.
5 35 The owner shall display the identification number on an
6 1 all=terrain vehicle or a snowmobile in the manner prescribed
6 2 by the rules of the commission.
6 3 Sec. 7. Section 321G.6, Code 2003, is amended to read as
6 4 follows:
6 5 321G.6 REGISTRATION == RENEWAL == TRANSFER.
6 6 1. a. Every all=terrain vehicle or snowmobile
6 7 registration certificate and number issued expires at midnight
6 8 December 31, and renewals expire every two years thereafter
6 9 unless sooner terminated or discontinued in accordance with
6 10 this chapter. After the first day of September each even=
6 11 numbered year, an unregistered all=terrain vehicle or
6 12 snowmobile and renewals may be registered for the subsequent
6 13 biennium beginning January 1. An all=terrain vehicle or A
6 14 snowmobile registered between January 1 and September 1 of
6 15 even=numbered years shall be registered for a fee of twelve
6 16 dollars and fifty cents for the remainder of the registration
6 17 period.
6 18 b. After the first day of September in even=numbered years
6 19 an unregistered all=terrain vehicle or snowmobile may be
6 20 registered for the remainder of the current registration
6 21 period and for the subsequent registration period in one
6 22 transaction. The fee shall be five dollars for the remainder
6 23 of the current period, in addition to the registration fee of
6 24 twenty=five dollars for an all=terrain vehicle and twenty=five
6 25 dollars for a snowmobile for the subsequent biennium beginning
6 26 January 1, and a writing fee. Registration certificates and
6 27 numbers may be renewed upon application of the owner in the
6 28 same manner as provided in securing the original registration.
6 29 The all=terrain vehicle or snowmobile registration fee is in
6 30 lieu of personal property tax for each year of the
6 31 registration.
6 32 2. An expired all=terrain vehicle or snowmobile
6 33 registration may be renewed for the same fee as if the owner
6 34 is securing the original registration plus a penalty of five
6 35 dollars and a writing fee.
7 1 All all=terrain vehicles used on public land must be
7 2 registered within six months following January 1, 1990, unless
7 3 otherwise exempt.
7 4 3. When a person, after registering an all=terrain vehicle
7 5 or a snowmobile, moves from the address shown on the
7 6 registration certificate, the person shall, within ten days,
7 7 notify the county recorder in writing of the move and the
7 8 person's new address.
7 9 4. Upon the transfer of ownership of an all=terrain
7 10 vehicle or a snowmobile, the owner shall complete the form on
7 11 the back of the title, if any, and registration, if any, and
7 12 deliver both to the purchaser or transferee when the all=
7 13 terrain vehicle or snowmobile is delivered. If the all=
7 14 terrain vehicle or snowmobile is not titled, the owner shall
7 15 complete the form on the back of the current registration
7 16 certificate and shall deliver the certificate to the purchaser
7 17 or transferee at the time of delivering the all=terrain
7 18 vehicle or snowmobile. If the all=terrain vehicle or
7 19 snowmobile has not been titled and has not been registered,
7 20 the owner shall deliver an affidavit for an unregistered and
7 21 untitled all=terrain vehicle or snowmobile to the purchaser or
7 22 transferee. The purchaser or transferee shall, within thirty
7 23 days of transfer, file a new application form with the county
7 24 recorder with a fee of one dollar and the writing fee, and a
7 25 transfer of number shall be awarded in the same manner as
7 26 provided in an original registration. If the purchaser or
7 27 transferee does not file a new application form within thirty
7 28 days of transfer, the transfer of number shall be awarded upon
7 29 payment of all applicable fees plus a penalty of five dollars.
7 30 All registrations must be valid for the current
7 31 registration period prior to the transfer of any registration,
7 32 including assignment to a dealer.
7 33 5. Duplicate registrations may be issued upon application
7 34 therefore to the county recorder and the payment of the same
7 35 fees collected for the transfer of registrations.
8 1 A motorcycle, as defined in section 321.1, subsection 40,
8 2 paragraph "a", may be registered as an all=terrain vehicle as
8 3 provided in this section. A motorcycle registered as an all=
8 4 terrain vehicle may participate in all programs established
8 5 for all=terrain vehicles under this chapter except for the
8 6 safety instruction and certification program.
8 7 Sec. 8. Section 321G.7, Code 2003, is amended to read as
8 8 follows:
8 9 321G.7 FEES REMITTED TO COMMISSION == APPROPRIATION.
8 10 Within ten days after the end of each month, a county
8 11 recorder shall remit to the commission the all=terrain vehicle
8 12 and snowmobile fees collected by the recorder during the
8 13 previous month. Before January 10 of odd=numbered years, a
8 14 recorder shall remit unused license forms from the previous
8 15 biennium to the commission.
8 16 The department shall remit the fees to the treasurer of
8 17 state, who shall place the money in a special conservation
8 18 snowmobile fund. The money is appropriated to the department
8 19 for the all=terrain vehicle and snowmobile programs of the
8 20 state. All=terrain vehicle fees shall be used only for all=
8 21 terrain vehicle programs and snowmobile fees shall be used
8 22 only for snowmobile programs. Joint programs shall be
8 23 supported from both types of fees on a usage basis. The all=
8 24 terrain vehicle and snowmobile programs shall include grants,
8 25 subgrants, contracts, or cost=sharing of all=terrain vehicle
8 26 and snowmobile programs with political subdivisions or
8 27 incorporated private organizations or both in accordance with
8 28 rules adopted by the commission. All all=terrain vehicle
8 29 programs using cost=sharing, grants, subgrants, or contracts
8 30 shall establish and implement a safety instruction program
8 31 either singly or in cooperation with other all=terrain vehicle
8 32 programs. Snowmobile fees may be used to support joint all=
8 33 terrain vehicle and snowmobile programs on a usage basis. At
8 34 least fifty percent of the special fund shall be available for
8 35 political subdivisions or incorporated private organizations
9 1 or both. Moneys from the special fund not used by the
9 2 political subdivisions or incorporated private organizations
9 3 or both shall remain in the all=terrain vehicle or snowmobile
9 4 accounts. The fund and may be used by the department may use
9 5 funds from these accounts for the administration of the all=
9 6 terrain vehicle and snowmobile programs.
9 7 Sec. 9. Section 321G.8, Code 2003, is amended to read as
9 8 follows:
9 9 321G.8 EXEMPT VEHICLES.
9 10 Registration shall not be required for the following
9 11 described all=terrain vehicles and snowmobiles:
9 12 1. All=terrain vehicles and snowmobiles Snowmobiles owned
9 13 and used by the United States, another state, or a political
9 14 subdivision of another state.
9 15 2. All=terrain vehicles and snowmobiles Snowmobiles
9 16 registered in a country other than the United States used
9 17 within this state for not more than twenty consecutive days.
9 18 3. All=terrain vehicles and snowmobiles Snowmobiles
9 19 covered by a valid license of another state and which have not
9 20 been within this state for more than twenty consecutive days.
9 21 4. All=terrain vehicles and snowmobiles Snowmobiles not
9 22 registered or licensed in another state or country being used
9 23 in this state while engaged in a special event and not
9 24 remaining in the state for a period of more than ten days.
9 25 5. All=terrain vehicles used in accordance with section
9 26 321.234A.
9 27 6. 5. Snowmobiles and all=terrain vehicles used
9 28 exclusively as farm implements.
9 29 Sec. 10. Section 321G.9, unnumbered paragraph 1, Code
9 30 2003, is amended to read as follows:
9 31 A person shall not operate an all=terrain vehicle or a
9 32 snowmobile upon roadways or highways, as defined in section
9 33 321.1, except as provided in section 321.234A and this
9 34 chapter.
9 35 Sec. 11. Section 321G.9, subsections 1, 2, and 3, Code
10 1 2003, are amended to read as follows:
10 2 1. An all=terrain vehicle or A snowmobile shall not be
10 3 operated at any time within the right of way right=of=way of
10 4 any interstate highway or freeway within this state except
10 5 under either of the following circumstances:
10 6 a. As provided in section 321.234A.
10 7 b. When when using an underpass located on an interstate
10 8 highway or freeway if all of the following apply:
10 9 (1) a. The underpass has been abandoned and is no longer
10 10 being used by motor vehicles or trains.
10 11 (2) b. Use of the underpass is the only alternative to the
10 12 use of a traveled roadway.
10 13 (3) c. Notwithstanding the provisions of chapter 321, use
10 14 of the underpass does not conflict with any rules or
10 15 regulations adopted by a federal governmental entity or this
10 16 state or a political subdivision of this state.
10 17 2. An all=terrain vehicle or A snowmobile may make a
10 18 direct crossing of a street or highway provided all of the
10 19 following occur:
10 20 a. The crossing is made at an angle of approximately
10 21 ninety degrees to the direction of the highway and at a place
10 22 where no obstruction prevents a quick and safe crossing; and.
10 23 b. The all=terrain vehicle or snowmobile is brought to a
10 24 complete stop before crossing the shoulder or main traveled
10 25 way of the highway; and.
10 26 c. The driver yields the right of way right=of=way to all
10 27 oncoming traffic which constitutes an immediate hazard; and.
10 28 d. In crossing a divided highway, the crossing is made
10 29 only at an intersection of such highway with another public
10 30 street or highway.
10 31 3. An all=terrain vehicle or A snowmobile shall not be
10 32 operated on public highways under any of the following
10 33 conditions:
10 34 a. On the roadway portion of a highway and adjacent
10 35 shoulder, or at least five feet on either side of the roadway,
11 1 except as provided in subsection 4 of this section, and.
11 2 b. On limited access highways and approaches, and.
11 3 c. For racing any moving object, and.
11 4 d. Abreast with one or more other all=terrain vehicles or
11 5 snowmobiles or all-terrain vehicles on a city highway.
11 6 Sec. 12. Section 321G.9, subsection 4, unnumbered
11 7 paragraph 1, Code 2003, is amended to read as follows:
11 8 A registered all=terrain vehicle or snowmobile may be
11 9 operated under the following conditions:
11 10 Sec. 13. Section 321G.9, subsection 4, paragraph d, Code
11 11 2003, is amended to read as follows:
11 12 d. On the roadways of that portion of county highways
11 13 designated by the county board of supervisors for such use
11 14 during a specified period. The county board of supervisors
11 15 shall evaluate the traffic conditions on all county highways
11 16 and designate roadways on which all=terrain vehicles or
11 17 snowmobiles may be operated for the specified period without
11 18 unduly interfering with or constituting an undue hazard to
11 19 conventional motor vehicle traffic. Signs warning of the
11 20 operation of all=terrain vehicles or snowmobiles on the
11 21 roadway shall be placed and maintained on the portions of
11 22 highway thus designated during the period specified for the
11 23 operation.
11 24 Sec. 14. Section 321G.9, subsection 4, paragraph f, Code
11 25 2003, is amended by striking the paragraph.
11 26 Sec. 15. Section 321G.9, subsections 6 and 7, Code 2003,
11 27 are amended to read as follows:
11 28 6. a. An all=terrain vehicle or A snowmobile shall not be
11 29 operated on or across a public highway by a person under
11 30 sixteen years of age who does not have in the person's
11 31 possession a safety certificate issued to the person pursuant
11 32 to this chapter.
11 33 b. A person twelve to fifteen years of age and possessing
11 34 a valid safety certificate must be under the direct
11 35 supervision of a parent, guardian, or another adult authorized
12 1 by the parent or guardian, who is experienced in all=terrain
12 2 vehicle or snowmobile operation, and who possesses a valid
12 3 driver's license as defined in section 321.1, or a safety
12 4 certificate issued under this chapter.
12 5 7. An all=terrain vehicle or A snowmobile shall not be
12 6 operated within the right of way right=of=way of a primary
12 7 highway between the hours of sunset and sunrise except on the
12 8 right=hand side of the right of way right=of=way and in the
12 9 same direction as the motor vehicular traffic on the nearest
12 10 lane of traveled portion of the right of way right=of=way.
12 11 Sec. 16. Section 321G.10, Code 2003, is amended to read as
12 12 follows:
12 13 321G.10 ACCIDENT REPORTS.
12 14 If an all=terrain vehicle or a snowmobile is involved in an
12 15 accident resulting in injury or death to anyone or property
12 16 damage amounting to two hundred dollars or more, either the
12 17 operator or someone acting for the operator shall immediately
12 18 notify the county sheriff or another law enforcement agency in
12 19 the state. The operator shall file with the commission a
12 20 report of the accident, within forty=eight hours, containing
12 21 information as the commission may require.
12 22 Sec. 17. Section 321G.11, subsections 1 and 2, Code 2003,
12 23 are amended to read as follows:
12 24 1. An all=terrain vehicle or A snowmobile shall not be
12 25 operated without suitable and effective muffling devices which
12 26 limit engine noise to not more than eighty=six decibels as
12 27 measured on the "A" scale at a distance of fifty feet; and a
12 28 snowmobile, manufactured after July 1, 1973, which is sold,
12 29 offered for sale, or used in this state, except in an
12 30 authorized special event, shall have a muffler system that
12 31 limits engine noise to not more than eighty=two decibels as
12 32 measured on the "A" scale at a distance of fifty feet.
12 33 2. The commission may adopt rules with respect to the
12 34 inspection of all=terrain vehicles and snowmobiles and testing
12 35 of their snowmobile mufflers.
13 1 Sec. 18. Section 321G.12, Code 2003, is amended to read as
13 2 follows:
13 3 321G.12 HEAD LAMP HEADLAMP == TAIL LAMP == BRAKES.
13 4 Every all=terrain vehicle operated during the hours of
13 5 darkness shall display a lighted head lamp and tail lamp.
13 6 Every snowmobile shall be equipped with at least one head lamp
13 7 headlamp and one tail lamp. Every all=terrain vehicle and
13 8 snowmobile shall be equipped with brakes.
13 9 Sec. 19. Section 321G.13, subsection 1, unnumbered
13 10 paragraph 1, Code 2003, is amended to read as follows:
13 11 A person shall not drive or operate an all=terrain vehicle
13 12 or a snowmobile:
13 13 Sec. 20. Section 321G.13, subsection 1, paragraphs g and
13 14 h, Code 2003, are amended to read as follows:
13 15 g. In or on any park or fish and game areas except on
13 16 designated all=terrain vehicle or snowmobile trails.
13 17 h. Upon an operating railroad right=of=way. An all=
13 18 terrain vehicle or A snowmobile may be driven directly across
13 19 a railroad right=of=way only at an established crossing and,
13 20 notwithstanding any other provisions of law, may, if
13 21 necessary, use the improved portion of the established
13 22 crossing after yielding to all oncoming traffic. This
13 23 paragraph does not apply to a law enforcement officer or
13 24 railroad employee in the lawful discharge of the officer's or
13 25 employee's duties or to an employee of a utility with
13 26 authority to enter upon the railroad right=of=way in the
13 27 lawful performance of the employee's duties.
13 28 Sec. 21. Section 321G.13, subsection 2, Code 2003, is
13 29 amended to read as follows:
13 30 2. A person shall not operate or ride in an all=terrain
13 31 vehicle or a snowmobile with a firearm in the person's
13 32 possession unless it is unloaded and enclosed in a carrying
13 33 case. However, a nonambulatory person may carry an uncased
13 34 and unloaded firearm while operating or riding an all=terrain
13 35 vehicle or a snowmobile.
14 1 Sec. 22. Section 321G.13, subsection 3, Code 2003, is
14 2 amended by striking the subsection.
14 3 Sec. 23. Section 321G.14, Code 2003, is amended to read as
14 4 follows:
14 5 321G.14 PENALTY.
14 6 Any person who shall violate any provision of violates this
14 7 chapter or any regulation a rule of the commission or director
14 8 of transportation shall be is guilty of a simple misdemeanor.
14 9 Chapter 232 shall have no application in the prosecution of
14 10 offenses which are committed in violation of this chapter, and
14 11 which constitute simple misdemeanors.
14 12 Sec. 24. Section 321G.15, Code 2003, is amended to read as
14 13 follows:
14 14 321G.15 OPERATION PENDING REGISTRATION.
14 15 The commission shall furnish snowmobile and all=terrain
14 16 vehicle dealers with pasteboard cards bearing the words
14 17 "registration applied for" and space for the date of purchase.
14 18 An unregistered all=terrain vehicle or snowmobile sold by a
14 19 dealer shall bear one of these cards which entitles the
14 20 purchaser to operate it for ten days immediately following the
14 21 purchase. The purchaser of a registered all=terrain vehicle
14 22 or snowmobile may operate it for ten days immediately
14 23 following the purchase, without having completed a transfer of
14 24 registration. A snowmobile or all=terrain vehicle dealer
14 25 shall make application and pay all registration and title fees
14 26 if applicable on behalf of the purchaser of a snowmobile or
14 27 all=terrain vehicle.
14 28 Sec. 25. Section 321G.16, Code 2003, is amended to read as
14 29 follows:
14 30 321G.16 SPECIAL EVENTS.
14 31 The department may authorize the holding of organized
14 32 special events as defined in this chapter within this state.
14 33 The department shall adopt rules relating to the conduct of
14 34 special events held under department permits and designating
14 35 the equipment and facilities necessary for safe operation of
15 1 all=terrain vehicles and snowmobiles or for the safety of
15 2 operators, participants, and observers in the special events.
15 3 A special event for all=terrain vehicles may include
15 4 motorcycles upon payment of an entrance fee set by the
15 5 organizer of the special event. The department may require
15 6 that part of the motorcycle entrance fee be credited to pay
15 7 costs of all=terrain vehicle programs authorized pursuant to
15 8 section 321G.7. At least thirty days before the scheduled
15 9 date of a special event in this state, an application shall be
15 10 filed with the department for authorization to conduct the
15 11 special event. The application shall set forth the date,
15 12 time, and location of the proposed special event and any other
15 13 information the department requires. The special event shall
15 14 not be conducted without written authorization of the
15 15 department. Copies of the rules shall be furnished by the
15 16 department to any person making an application.
15 17 Sec. 26. Section 321G.17, Code 2003, is amended to read as
15 18 follows:
15 19 321G.17 VIOLATION OF "STOP" SIGNAL.
15 20 A person, after having received a visual or audible signal
15 21 from a peace officer to come to a stop, shall not operate an
15 22 all=terrain vehicle or a snowmobile in willful or wanton
15 23 disregard of the signal or interfere with or endanger the
15 24 officer or any other person or vehicle, or increase speed or
15 25 attempt to flee or elude the officer.
15 26 Sec. 27. Section 321G.18, Code 2003, is amended to read as
15 27 follows:
15 28 321G.18 NEGLIGENCE.
15 29 The owner and operator of an all=terrain vehicle or a
15 30 snowmobile are liable for any injury or damage occasioned by
15 31 the negligent operation of the all=terrain vehicle or
15 32 snowmobile. The owner of an all=terrain vehicle or a
15 33 snowmobile shall be liable for any such injury or damage only
15 34 if the owner was the operator of the all=terrain vehicle or
15 35 snowmobile at the time the injury or damage occurred or if the
16 1 operator had the owner's consent to operate the all=terrain
16 2 vehicle or snowmobile at the time the injury or damage
16 3 occurred.
16 4 Sec. 28. Section 321G.19, Code 2003, is amended to read as
16 5 follows:
16 6 321G.19 RENTED SNOWMOBILES AND ALL=TERRAIN VEHICLES.
16 7 1. The owner of a rented all=terrain vehicle or snowmobile
16 8 shall keep a record of the name and address of each person
16 9 renting the all=terrain vehicle or snowmobile, its
16 10 identification registration number, the departure date and
16 11 time, and the expected time of return. The records shall be
16 12 preserved for six months.
16 13 2. The owner of an all=terrain vehicle or a snowmobile
16 14 operated for hire shall not permit the use or operation of a
16 15 rented all=terrain vehicle or snowmobile unless it has been
16 16 provided with all equipment required by this chapter or rules
16 17 of the commission or the director of transportation, properly
16 18 installed and in good working order.
16 19 Sec. 29. Section 321G.20, unnumbered paragraph 2, Code
16 20 2003, is amended by striking the unnumbered paragraph.
16 21 Sec. 30. Section 321G.21, subsections 1, 3, 6, 8, 9, and
16 22 10, Code 2003, are amended to read as follows:
16 23 1. A manufacturer, distributor, or dealer owning any all=
16 24 terrain vehicle or a snowmobile required to be registered
16 25 under this chapter may operate the all=terrain vehicle or
16 26 snowmobile for purposes of transporting, testing,
16 27 demonstrating, or selling it without the all=terrain vehicle
16 28 or snowmobile being registered, except that a special
16 29 identification number issued to the owner as provided in this
16 30 chapter shall be displayed on the all=terrain vehicle or
16 31 snowmobile. The special identification number shall not be
16 32 used on an all=terrain vehicle or a snowmobile offered for
16 33 hire or for any work or service performed by a manufacturer,
16 34 distributor, or dealer.
16 35 3. The commission, upon granting an application, shall
17 1 issue to the applicant a special registration certificate
17 2 containing the applicant's name and address, the general
17 3 identification number assigned to the applicant, the word
17 4 "manufacturer", "dealer", or "distributor", and other
17 5 information the commission prescribes. The manufacturer,
17 6 distributor, or dealer shall have the assigned number printed
17 7 upon or attached to a removable sign or signs which may be
17 8 temporarily but firmly mounted or attached to the all=terrain
17 9 vehicle or snowmobile being used. The display shall meet the
17 10 requirements of this chapter and the rules of the commission.
17 11 6. Every manufacturer, distributor, or dealer shall keep a
17 12 written record of the all=terrain vehicles and snowmobiles
17 13 upon which special registration certificates are used, which
17 14 record shall be open to inspection by any law enforcement
17 15 officer or any officer or employee of the commission.
17 16 8. Dealers using special certificates under this chapter
17 17 shall, before January 10 of each year, furnish the commission
17 18 with a list of all used all=terrain vehicles and snowmobiles
17 19 held by them for sale or trade, and upon which the
17 20 registration fee for the current year has not been paid,
17 21 giving the previous registration number, name of previous
17 22 owner at the time the all=terrain vehicle or snowmobile was
17 23 transferred to the dealer, and other information the
17 24 commission requires.
17 25 9. If the purchaser or transferee of an all=terrain
17 26 vehicle or a snowmobile is a dealer who holds the same for
17 27 resale and operates the all=terrain vehicle or snowmobile only
17 28 for purposes incidental to a resale and displays the special
17 29 dealer's certificate, or does not operate the all=terrain
17 30 vehicle or snowmobile or permit it to be operated, the
17 31 transferee is not required to obtain a new registration
17 32 certificate but upon transferring title or interest to another
17 33 person shall sign the reverse side of the title, if any, and
17 34 the registration certificate of the all=terrain vehicle or
17 35 snowmobile indicating the name and address of the new
18 1 purchaser. A dealer shall make application and pay all
18 2 registration and title fees if applicable on behalf of the
18 3 purchaser of an all=terrain vehicle or a snowmobile. The
18 4 recorder shall award a transfer of the registration number.
18 5 If the registration has expired while in the dealer's
18 6 possession, the purchaser may renew the registration for the
18 7 same fee and writing fee as if the purchaser is securing the
18 8 original registration.
18 9 10. When a dealer purchases or otherwise acquires an all=
18 10 terrain vehicle or a snowmobile registered in this state, the
18 11 dealer shall issue a signed receipt to the previous owner,
18 12 indicating the date of purchase or acquisition, the name and
18 13 address of the previous owner, and the registration number of
18 14 the all=terrain vehicle or snowmobile purchased or acquired.
18 15 The original receipt shall be delivered to the previous owner
18 16 and one copy shall be mailed or delivered by the dealer to the
18 17 county recorder of the county in which the all=terrain vehicle
18 18 or snowmobile is registered, and one copy shall be delivered
18 19 to the commission within forty=eight hours.
18 20 Sec. 31. Section 321G.22, Code 2003, is amended to read as
18 21 follows:
18 22 321G.22 LIMITATION OF LIABILITY BY PUBLIC BODIES AND
18 23 ADJOINING OWNERS.
18 24 The state, its political subdivisions, and the owners or
18 25 tenants of property adjoining public lands or the right of way
18 26 right=of=way of a public highway and their agents and
18 27 employees owe no duty of care to keep the public lands,
18 28 ditches, or land contiguous to a highway or roadway under the
18 29 control of the state or a political subdivision safe for entry
18 30 or use by persons operating an all=terrain vehicle or a
18 31 snowmobile, or to give any warning of a dangerous condition,
18 32 use, structure, or activity on the premises to persons
18 33 entering for such purposes, except in the case of willful or
18 34 malicious failure to guard or warn against a dangerous
18 35 condition, use, structure, or activity. The state, its
19 1 political subdivisions, and the owners or tenants of property
19 2 adjoining public lands or the right of way right=of=way of a
19 3 public highway, and their agents and employees are not liable
19 4 for actions taken to allow or facilitate the use of public
19 5 lands, ditches, or land contiguous to a highway or roadway
19 6 except in the case of a willful or malicious failure to guard
19 7 or warn against a dangerous condition, use, structure, or
19 8 activity.
19 9 This section does not create a duty of care or ground of
19 10 liability on behalf of the state, its political subdivisions,
19 11 or the owners or tenants of property adjoining public lands or
19 12 the right of way right=of=way of a public highway and their
19 13 agents and employees for injury to persons or property in the
19 14 operation of all=terrain vehicles or snowmobiles in a ditch or
19 15 on land contiguous to a highway or roadway under the control
19 16 of the state or a political subdivision. The state, its
19 17 political subdivisions, and the owners or tenants of property
19 18 adjoining public lands or the right of way right=of=way of a
19 19 public highway and their agents and employees are not liable
19 20 for the operation of an all=terrain vehicle or a snowmobile in
19 21 violation of this chapter.
19 22 Sec. 32. Section 321G.23, subsections 1 and 4, Code 2003,
19 23 are amended to read as follows:
19 24 1. The commission shall provide, by rules adopted pursuant
19 25 to section 321G.2, for the establishment of certified courses
19 26 of instruction to be conducted throughout the state for the
19 27 safe use and operation of all=terrain vehicles and
19 28 snowmobiles. The curriculum shall include instruction in the
19 29 lawful and safe use, operation, and equipping of all=terrain
19 30 vehicles and snowmobiles consistent with this chapter and
19 31 rules adopted by the commission and the director of
19 32 transportation and other matters the commission deems
19 33 pertinent for a qualified all=terrain vehicle or snowmobile
19 34 operator.
19 35 4. The commission shall provide safety material relating
20 1 to the operation of all=terrain vehicles and snowmobiles for
20 2 the use of nonpublic or public elementary and secondary
20 3 schools in this state.
20 4 Sec. 33. Section 321G.24, subsections 1, 4, and 5, Code
20 5 2003, are amended to read as follows:
20 6 1. A person under eighteen years of age shall not operate
20 7 a snowmobile on public land or land purchased with snowmobile
20 8 registration funds in this state without obtaining a valid
20 9 safety certificate issued by the department and having the
20 10 certificate in the person's possession, unless the person is
20 11 accompanied on the same snowmobile by a responsible person of
20 12 at least eighteen years of age who is experienced in
20 13 snowmobile operation and possesses a valid driver's license,
20 14 as defined in section 321.1, or a safety certificate issued
20 15 under this chapter. A person under eighteen years of age
20 16 shall not operate an all=terrain vehicle on public land or
20 17 land purchased with all=terrain vehicle registration funds in
20 18 this state without obtaining a valid safety certificate issued
20 19 by the department and having the certificate in the person's
20 20 possession.
20 21 4. The permit fees collected under this section shall be
20 22 credited to the state conservation special snowmobile fund
20 23 created under section 321G.7 and shall be used for safety and
20 24 educational programs.
20 25 5. A valid all=terrain vehicle or snowmobile safety
20 26 certificate or license issued to a nonresident by a
20 27 governmental authority of another state shall be considered a
20 28 valid certificate or license in this state if the permit or
20 29 license requirements of the governmental authority, excluding
20 30 fees, are substantially the same as the requirements of this
20 31 chapter as determined by the commission.
20 32 Sec. 34. Section 321G.25, Code 2003, is amended to read as
20 33 follows:
20 34 321G.25 STOPPING AND INSPECTING == WARNINGS.
20 35 A peace officer may stop and inspect an all=terrain vehicle
21 1 or a snowmobile operated, parked, or stored on public streets,
21 2 highways, public lands, or frozen waters of the state to
21 3 determine if the all=terrain vehicle or snowmobile is
21 4 registered, numbered, or equipped as required by this chapter
21 5 and commission rules. The officer shall not inspect an area
21 6 that is not essential to determine compliance with the
21 7 requirements. If the officer determines that the all=terrain
21 8 vehicle or snowmobile is not in compliance, the officer may
21 9 issue a warning memorandum to the operator and forward a copy
21 10 to the commission. The warning memorandum shall indicate the
21 11 items found not in compliance and shall direct the owner or
21 12 operator of the all=terrain vehicle or snowmobile to have the
21 13 all=terrain vehicle or snowmobile in compliance and return a
21 14 copy of the warning memorandum with the proof of compliance to
21 15 the commission within fourteen days. If the proof of
21 16 compliance is not provided within fourteen days, the owner or
21 17 operator is in violation of this chapter.
21 18 Sec. 35. Section 321G.26, Code 2003, is amended to read as
21 19 follows:
21 20 321G.26 TERMINATION OF USE.
21 21 A person who receives a warning memorandum for an all=
21 22 terrain vehicle or a snowmobile shall stop using the all=
21 23 terrain vehicle or snowmobile as soon as possible and shall
21 24 not operate it on public streets, highways, public lands, or
21 25 frozen waters of the state until the all=terrain vehicle or
21 26 snowmobile is in compliance.
21 27 Sec. 36. Section 321G.27, Code 2003, is amended to read as
21 28 follows:
21 29 321G.27 WRITING FEES.
21 30 The county recorder shall collect a writing fee of one
21 31 dollar for an all=terrain vehicle or a snowmobile
21 32 registration.
21 33 Sec. 37. Section 321G.28, Code 2003, is amended to read as
21 34 follows:
21 35 321G.28 CONSISTENT LOCAL LAWS == SPECIAL LOCAL RULES.
22 1 1. This chapter and other applicable laws of this state
22 2 shall govern the operation, equipment, numbering, and all
22 3 other matters relating to an all=terrain vehicle or a
22 4 snowmobile when the all=terrain vehicle or snowmobile is
22 5 operated or maintained in this state. However, this chapter
22 6 does not prevent the adoption of an ordinance or local law
22 7 relating to the operation of or equipment of all=terrain
22 8 vehicles or snowmobiles. The ordinances or local laws are
22 9 operative only so long as they are not inconsistent with this
22 10 chapter or the rules adopted by the commission.
22 11 2. A subdivision of this state, after public notice by
22 12 publication in a newspaper having a general circulation in the
22 13 subdivision, may make formal application to the commission for
22 14 special rules concerning the operation of all=terrain vehicles
22 15 or snowmobiles within the territorial limits of the
22 16 subdivision and shall provide the commission with the reasons
22 17 the special rules are necessary.
22 18 3. The commission, upon application by local authorities
22 19 and in conformity with this chapter, may make special rules
22 20 concerning the operation of all=terrain vehicles or
22 21 snowmobiles within the territorial limits of a subdivision of
22 22 this state.
22 23 Sec. 38. Section 321G.29, Code 2003, is amended to read as
22 24 follows:
22 25 321G.29 OWNER'S CERTIFICATE OF TITLE == IN GENERAL.
22 26 1. The owner of a snowmobile acquired on or after January
22 27 1, 1998, or an all=terrain vehicle acquired on or after
22 28 January 1, 2000, other than a snowmobile or all=terrain
22 29 vehicle used exclusively as a farm implement, shall apply to
22 30 the county recorder of the county in which the owner resides
22 31 for a certificate of title for the snowmobile or all=terrain
22 32 vehicle. The owner of a snowmobile or all=terrain vehicle
22 33 used exclusively as a farm implement may obtain a certificate
22 34 of title. A person who owns a snowmobile or all=terrain
22 35 vehicle that is not required to have a certificate of title
23 1 may apply for and receive a certificate of title for the
23 2 snowmobile or all=terrain vehicle and, subsequently, the
23 3 snowmobile or all=terrain vehicle shall be subject to the
23 4 requirements of this chapter as if the snowmobile or all=
23 5 terrain vehicle were required to be titled. All snowmobiles
23 6 or all=terrain vehicles that are titled shall be registered.
23 7 2. A certificate of title shall contain the information
23 8 and shall be issued on a form the department prescribes.
23 9 3. An owner of a snowmobile or all=terrain vehicle shall
23 10 apply to the county recorder for issuance of a certificate of
23 11 title within thirty days after acquisition. The application
23 12 shall be on forms the department prescribes and accompanied by
23 13 the required fee. The application shall be signed and sworn
23 14 to before a notary public or other person who administers
23 15 oaths, or shall include a certification signed in writing
23 16 containing substantially the representation that statements
23 17 made are true and correct to the best of the applicant's
23 18 knowledge, information, and belief, under penalty of perjury.
23 19 The application shall contain the date of sale and gross price
23 20 of the snowmobile or all=terrain vehicle or the fair market
23 21 value if no sale immediately preceded the transfer and any
23 22 additional information the department requires. If the
23 23 application is made for a snowmobile or all=terrain vehicle
23 24 last previously registered or titled in another state or
23 25 foreign country, the application shall contain this
23 26 information and any other information the department requires.
23 27 4. If a dealer buys or acquires a snowmobile or all=
23 28 terrain vehicle for resale, the dealer shall report the
23 29 acquisition to the county recorder on forms provided by the
23 30 department and may apply for and obtain a certificate of title
23 31 as provided in this chapter. If a dealer buys or acquires a
23 32 used snowmobile or all=terrain vehicle, the dealer may apply
23 33 for a certificate of title in the dealer's name within thirty
23 34 days. If a dealer buys or acquires a new snowmobile or all=
23 35 terrain vehicle for resale, the dealer may apply for a
24 1 certificate of title in the dealer's name.
24 2 5. A manufacturer or dealer shall not transfer ownership
24 3 of a new snowmobile or new all=terrain vehicle without
24 4 supplying the transferee with the manufacturer's or importer's
24 5 certificate of origin signed by the manufacturer's or
24 6 importer's authorized agent. The certificate shall contain
24 7 information the department requires. The department may adopt
24 8 rules providing for the issuance of a certificate of origin
24 9 for a snowmobile or all=terrain vehicle by the department upon
24 10 good cause shown by the owner.
24 11 6. A dealer transferring ownership of a snowmobile or all=
24 12 terrain vehicle under this chapter shall assign the title to
24 13 the new owner, or in the case of a new snowmobile or new all=
24 14 terrain vehicle, assign the certificate of origin. Within
24 15 fifteen days the dealer shall forward all moneys and
24 16 applications to the county recorder.
24 17 7. The county recorder shall maintain a record of any
24 18 certificate of title which the county recorder issues and
24 19 shall keep each certificate of title on record until the
24 20 certificate of title has been inactive for five years. When
24 21 issuing a title for a new snowmobile or new all=terrain
24 22 vehicle, the county recorder shall obtain and keep on file the
24 23 certificate of origin. When issuing a title and registration
24 24 for a used snowmobile or all=terrain vehicle for which there
24 25 is no title or registration, the county recorder shall obtain
24 26 and keep on file the affidavit for the unregistered and
24 27 untitled snowmobile or all=terrain vehicle.
24 28 8. Once titled, a person shall not sell or transfer
24 29 ownership of a snowmobile or all=terrain vehicle without
24 30 delivering to the purchaser or transferee a certificate of
24 31 title with an assignment on it showing title in the purchaser
24 32 or transferee. A person shall not purchase or otherwise
24 33 acquire a snowmobile or all=terrain vehicle without obtaining
24 34 a certificate of title for it in that person's name.
24 35 9. If the county recorder is not satisfied as to the
25 1 ownership of the snowmobile or all=terrain vehicle or that
25 2 there are no undisclosed security interests in the snowmobile
25 3 or all=terrain vehicle, the county recorder may issue a
25 4 certificate of title for the snowmobile or all=terrain vehicle
25 5 but, as a condition of such issuance, may require the
25 6 applicant to file with the department a bond in the form
25 7 prescribed by the department and executed by the applicant,
25 8 and also executed by a person authorized to conduct a surety
25 9 business in this state. The form and amount of the bond shall
25 10 be established by rule of the department. The bond shall be
25 11 conditioned to indemnify any prior owner and secured party and
25 12 any subsequent purchaser of the snowmobile or all=terrain
25 13 vehicle or person acquiring any security interest in the
25 14 snowmobile or all=terrain vehicle, and their respective
25 15 successors in interest, against any expense, loss, or damage,
25 16 including reasonable attorney fees, by reason of the issuance
25 17 of the certificate of title of the snowmobile or all=terrain
25 18 vehicle or on account of any defect in or undisclosed security
25 19 interest upon the right, title, and interest of the applicant
25 20 in and to the snowmobile or all=terrain vehicle. Any such
25 21 interested person has a right of action to recover on the bond
25 22 for any breach of its conditions, but the aggregate liability
25 23 of the surety to all persons shall not exceed the amount of
25 24 the bond. The bond shall be returned at the end of three
25 25 years or prior thereto if the snowmobile or all=terrain
25 26 vehicle is no longer registered in this state and the
25 27 certificate of title is surrendered to the department, unless
25 28 the department has been notified of the pendency of an action
25 29 to recover on the bond.
25 30 10. The county recorder shall transmit a copy of the
25 31 certificate of title to the department, which shall be the
25 32 central repository of title information for snowmobiles and
25 33 all=terrain vehicles.
25 34 Sec. 39. Section 321G.30, subsection 5, Code 2003, is
25 35 amended to read as follows:
26 1 5. Five dollars of the certificate of title fees collected
26 2 under this section shall be remitted by the county recorder to
26 3 the treasurer of state for deposit in the special conservation
26 4 snowmobile fund created under section 321G.7. The remaining
26 5 five dollars shall be retained by the county and deposited
26 6 into the general fund of the county.
26 7 Sec. 40. Section 321G.31, Code 2003, is amended to read as
26 8 follows:
26 9 321G.31 TRANSFER OR REPOSSESSION OF SNOWMOBILE OR ALL=
26 10 TERRAIN VEHICLE BY OPERATION OF LAW.
26 11 1. If ownership of a snowmobile or all=terrain vehicle is
26 12 transferred by operation of law, such as by inheritance, order
26 13 in bankruptcy, insolvency, replevin, or execution sale, the
26 14 transferee, within thirty days after acquiring the right to
26 15 possession of the snowmobile or all=terrain vehicle, shall
26 16 mail or deliver to the county recorder satisfactory proof of
26 17 ownership as the county recorder requires, together with an
26 18 application for a new certificate of title, and the required
26 19 fee.
26 20 2. If a lienholder repossesses a snowmobile or all=terrain
26 21 vehicle by operation of law and holds it for resale, the
26 22 lienholder shall secure a new certificate of title and shall
26 23 pay the required fee.
26 24 Sec. 41. Section 321G.32, subsection 1, unnumbered
26 25 paragraph 1, Code 2003, is amended to read as follows:
26 26 A security interest created in this state in a snowmobile
26 27 or all=terrain vehicle is not perfected until the security
26 28 interest is noted on the certificate of title.
26 29 Sec. 42. Section 321G.32, subsection 1, paragraph b, Code
26 30 2003, is amended to read as follows:
26 31 b. The application fee for a security interest is ten
26 32 dollars. Five dollars of the fee shall be credited to the
26 33 special conservation snowmobile fund created under section
26 34 321G.7. The remaining five dollars shall be retained by the
26 35 county and deposited into the general fund of the county.
27 1 Sec. 43. Section 321G.33, Code 2003, is amended to read as
27 2 follows:
27 3 321G.33 VEHICLE IDENTIFICATION NUMBER.
27 4 1. The department may assign a distinguishing number to an
27 5 all=terrain vehicle or a snowmobile when the serial number on
27 6 the all=terrain vehicle or snowmobile is destroyed or
27 7 obliterated and issue to the owner a special plate bearing the
27 8 distinguishing number which shall be affixed to the all=
27 9 terrain vehicle or snowmobile in a position to be determined
27 10 by the department. The all=terrain vehicle or snowmobile
27 11 shall be registered and titled under the distinguishing number
27 12 in lieu of the former serial number. Every all=terrain
27 13 vehicle or snowmobile shall have an a vehicle identification
27 14 number assigned and affixed as required by the department.
27 15 2. The commission shall adopt, by rule, the procedures for
27 16 application and for issuance of an a vehicle identification
27 17 number for homebuilt all=terrain vehicles or snowmobiles.
27 18 3. A person shall not destroy, remove, alter, cover, or
27 19 deface the manufacturer's vehicle identification number, the
27 20 plate bearing it, or any vehicle identification number the
27 21 department assigns to an all=terrain vehicle or a snowmobile
27 22 without the department's permission.
27 23 4. A person other than a manufacturer who constructs or
27 24 rebuilds an all=terrain vehicle or a snowmobile for which
27 25 there is no legible vehicle identification number shall submit
27 26 to the department an affidavit which describes the all=terrain
27 27 vehicle or snowmobile. In cooperation with the county
27 28 recorder, the department shall assign an a vehicle
27 29 identification number to the all=terrain vehicle or
27 30 snowmobile. The applicant shall permanently affix the vehicle
27 31 identification number to the all=terrain vehicle or snowmobile
27 32 in a manner that such alteration, removal, or replacement of
27 33 the vehicle identification number would be obvious.
27 34 Sec. 44. NEW SECTION. 321I.1 DEFINITIONS.
27 35 As used in this chapter, unless the context otherwise
28 1 requires:
28 2 1. "All=terrain vehicle" means a motorized flotation=tire
28 3 vehicle with not less than three low=pressure tires, but not
28 4 more than six low=pressure tires, or a two=wheeled off=road
28 5 motorcycle, that is limited in engine displacement to less
28 6 than eight hundred cubic centimeters and in total dry weight
28 7 to less than seven hundred fifty pounds and that has a seat or
28 8 saddle designed to be straddled by the operator and handlebars
28 9 for steering control.
28 10 Two=wheeled off=road motorcycles shall be considered all=
28 11 terrain vehicles only for the purpose of titling and
28 12 registration. An operator of a two=wheeled off=road
28 13 motorcycle is exempt from the safety instruction and
28 14 certification program requirements of sections 321I.23 and
28 15 321I.24.
28 16 2. ""A" scale" means the physical scale marked "A"
28 17 graduated in decibels on a sound level meter which meets the
28 18 requirements of the American national standards institute,
28 19 incorporated, publication S1.4=1961, general purpose sound
28 20 level meters.
28 21 3. "Commission" means the natural resource commission of
28 22 the department.
28 23 4. "Dealer" means a person engaged in the business of
28 24 buying, selling, or exchanging all=terrain vehicles required
28 25 to be registered under this chapter and who has an established
28 26 place of business for that purpose in this state.
28 27 5. "Department" means the department of natural resources.
28 28 6. "Established place of business" means the place
28 29 actually occupied either continuously or at regular periods by
28 30 a dealer or manufacturer where the books and records are kept
28 31 and the dealer's or manufacturer's business is primarily
28 32 transacted.
28 33 7. "Manufacturer" means a person engaged in the business
28 34 of constructing or assembling all=terrain vehicles required to
28 35 be registered under this chapter and who has an established
29 1 place of business for that purpose in this state.
29 2 8. "Nonambulatory person" means an individual with
29 3 paralysis of the lower half of the body with the involvement
29 4 of both legs, usually caused by disease of or injury to the
29 5 spinal cord, or caused by the loss of both legs or the loss of
29 6 a part of both legs.
29 7 9. "Operate" means to ride in or on, other than as a
29 8 passenger, use, or control the operation of an all=terrain
29 9 vehicle in any manner, whether or not the all=terrain vehicle
29 10 is moving.
29 11 10. "Operator" means a person who operates or is in actual
29 12 physical control of an all=terrain vehicle.
29 13 11. "Owner" means a person, other than a lienholder,
29 14 having the property right in or title to an all=terrain
29 15 vehicle. The term includes a person entitled to the use or
29 16 possession of an all=terrain vehicle subject to an interest in
29 17 another person, reserved or created by agreement and securing
29 18 payment or performance of an obligation, but the term excludes
29 19 a lessee under a lease not intended as security.
29 20 12. "Person" means an individual, partnership, firm,
29 21 corporation, association, and the state, its agencies, and
29 22 political subdivisions.
29 23 13. "Public land" means land owned by the federal
29 24 government, the state, or political subdivisions of the state
29 25 and land acquired or developed for public recreation pursuant
29 26 to section 321I.7.
29 27 14. "Railroad right=of=way" means the full width of
29 28 property owned, leased, or subject to easement for railroad
29 29 purposes and is not limited to those areas on which tracks are
29 30 located.
29 31 15. "Roadway" means that portion of a highway improved,
29 32 designed, or ordinarily used for vehicular travel.
29 33 16. "Safety certificate" means an all=terrain vehicle
29 34 safety certificate issued by the commission to a qualified
29 35 applicant who is twelve years of age or more.
30 1 17. "Snowmobile" means the same as defined in section
30 2 321G.1.
30 3 18. "Special event" means an organized race, exhibition,
30 4 or demonstration of limited duration which is conducted
30 5 according to a prearranged schedule and in which general
30 6 public interest is manifested.
30 7 19. "Street" or "highway" means the entire width between
30 8 property lines of every way or place of whatever nature when
30 9 any part thereof is open to the use of the public, as a matter
30 10 of right, for purposes of vehicular travel, except in public
30 11 areas in which the boundary shall be thirty=three feet each
30 12 side of the center line of the roadway.
30 13 Sec. 45. NEW SECTION. 321I.2 RULES.
30 14 The commission may adopt rules for the following purposes:
30 15 1. Registration and titling of all=terrain vehicles.
30 16 2. Use of all=terrain vehicles as far as game and fish
30 17 resources or habitats are affected.
30 18 3. Use of all=terrain vehicles on public lands under the
30 19 jurisdiction of the commission.
30 20 4. Use of all=terrain vehicles on any waters of the state
30 21 under the jurisdiction of the commission, while the waters are
30 22 frozen.
30 23 5. Establishment of a program of grants, subgrants, and
30 24 contracts to be administered by the department for the
30 25 development and delivery of certified courses of instruction
30 26 for the safe use and operation of all=terrain vehicles by
30 27 political subdivisions and incorporated private organizations.
30 28 6. Issuance of safety certificates.
30 29 7. Issuance of competition registrations and the
30 30 participation of all=terrain vehicles so registered in special
30 31 events.
30 32 The director of transportation may adopt rules not
30 33 inconsistent with this chapter regulating the use of all=
30 34 terrain vehicles on streets and highways. Cities may
30 35 designate streets under the jurisdiction of cities within
31 1 their respective corporate limits which may be used for the
31 2 sport of driving all=terrain vehicles.
31 3 In adopting the rules, consideration shall be given to the
31 4 need to protect the environment and the public health, safety,
31 5 and welfare; to protect private property, public parks, and
31 6 other public lands; to protect wildlife and wildlife habitat;
31 7 and to promote uniformity of rules relating to the use,
31 8 operation, and equipment of all=terrain vehicles. The rules
31 9 shall be in conformance with chapter 17A.
31 10 Sec. 46. NEW SECTION. 321I.3 REGISTRATION AND NUMBERING
31 11 REQUIRED.
31 12 1. Each all=terrain vehicle used on public land or ice of
31 13 this state shall be currently registered and numbered. A
31 14 person shall not operate, maintain, or give permission for the
31 15 operation or maintenance of an all=terrain vehicle on public
31 16 land or ice unless the all=terrain vehicle is numbered in
31 17 accordance with this chapter, or in accordance with applicable
31 18 federal laws, or in accordance with an approved numbering
31 19 system of another state, and unless the identifying number set
31 20 forth in the registration is displayed as prescribed by rules
31 21 of the commission.
31 22 2. A registration number shall be assigned, without
31 23 payment of fee, to all=terrain vehicles owned by the state of
31 24 Iowa or its political subdivisions upon application for the
31 25 number, and the assigned registration number shall be
31 26 displayed on the all=terrain vehicle as required under section
31 27 321I.5. A registration number and certificate shall be
31 28 assigned, without payment of fee, to an all=terrain vehicle
31 29 which is exempt from registration but is being titled. A
31 30 decal displaying an audit number shall not be issued and the
31 31 registration shall not expire while the all=terrain vehicle is
31 32 exempt. The application for registration shall indicate the
31 33 reason for exemption from the fee. The registration
31 34 certificate shall indicate the reason for exemption.
31 35 Sec. 47. NEW SECTION. 321I.4 REGISTRATION WITH COUNTY
32 1 RECORDER == FEE.
32 2 The owner of each all=terrain vehicle required to be
32 3 numbered shall register it every two years with the county
32 4 recorder of the county in which the owner resides or, if the
32 5 owner is a nonresident, the owner shall register it in the
32 6 county in which the all=terrain vehicle is principally used.
32 7 The commission has supervisory responsibility over the
32 8 registration of all=terrain vehicles and shall provide each
32 9 county recorder with registration forms and certificates and
32 10 shall allocate registration numbers to each county.
32 11 The owner of the all=terrain vehicle shall file an
32 12 application for registration with the appropriate county
32 13 recorder on forms provided by the commission. The application
32 14 shall be completed and signed by the owner of the all=terrain
32 15 vehicle and shall be accompanied by a fee of twenty=five
32 16 dollars and a writing fee. An all=terrain vehicle shall not
32 17 be registered by the county recorder until the county recorder
32 18 is presented with receipts, bills of sale, or other
32 19 satisfactory evidence that the sales or use tax has been paid
32 20 for the purchase of the all=terrain vehicle or that the owner
32 21 is exempt from paying the tax. An all=terrain vehicle that
32 22 has an expired registration certificate from another state may
32 23 be registered in this state upon proper application, payment
32 24 of all applicable registration and writing fees, and payment
32 25 of a penalty of five dollars.
32 26 Upon receipt of the application in approved form
32 27 accompanied by the required fees, the county recorder shall
32 28 enter it upon the records and shall issue to the applicant a
32 29 pocket=size registration certificate. The certificate shall
32 30 be executed in triplicate, one copy to be delivered to the
32 31 owner, one copy to the commission, and one copy to be retained
32 32 on file by the county recorder. The registration certificate
32 33 shall bear the number awarded to the all=terrain vehicle and
32 34 the name and address of the owner. The registration
32 35 certificate shall be carried either in the all=terrain vehicle
33 1 or on the person of the operator of the all=terrain vehicle
33 2 when in use. The operator of an all=terrain vehicle shall
33 3 exhibit the registration certificate to a peace officer upon
33 4 request, to a person injured in an accident involving an all=
33 5 terrain vehicle, to the owner or operator of another all=
33 6 terrain vehicle or the owner of personal or real property when
33 7 the all=terrain vehicle is involved in a collision or accident
33 8 of any nature with another all=terrain vehicle or the property
33 9 of another person, or to the property owner or tenant when the
33 10 all=terrain vehicle is being operated on private property
33 11 without permission from the property owner or tenant.
33 12 If an all=terrain vehicle is placed in storage, the owner
33 13 shall return the current registration certificate to the
33 14 county recorder with an affidavit stating that the all=terrain
33 15 vehicle is placed in storage and the effective date of
33 16 storage. The county recorder shall notify the commission of
33 17 each all=terrain vehicle placed in storage. When the owner of
33 18 a stored all=terrain vehicle desires to renew the
33 19 registration, the owner shall make application to the county
33 20 recorder and pay the registration and writing fees without
33 21 penalty. A refund of the registration fee shall not be
33 22 allowed for a stored all=terrain vehicle.
33 23 Sec. 48. NEW SECTION. 321I.5 DISPLAY OF IDENTIFICATION
33 24 NUMBERS.
33 25 The owner shall display the identification number on an
33 26 all=terrain vehicle in the manner prescribed by rules of the
33 27 commission.
33 28 Sec. 49. NEW SECTION. 321I.6 REGISTRATION == RENEWAL ==
33 29 TRANSFER.
33 30 1. a. Every all=terrain vehicle registration certificate
33 31 and number issued expires at midnight December 31, and
33 32 renewals expire every two years thereafter unless sooner
33 33 terminated or discontinued in accordance with this chapter.
33 34 After the first day of September each even=numbered year, an
33 35 unregistered all=terrain vehicle and renewals may be
34 1 registered for the subsequent biennium beginning January 1.
34 2 An all=terrain vehicle registered between January 1 and
34 3 September 1 of even=numbered years shall be registered for a
34 4 fee of twelve dollars and fifty cents for the remainder of the
34 5 registration period.
34 6 b. After the first day of September in even=numbered years
34 7 an unregistered all=terrain vehicle may be registered for the
34 8 remainder of the current registration period and for the
34 9 subsequent registration period in one transaction. The fee
34 10 shall be five dollars for the remainder of the current period,
34 11 in addition to the registration fee of twenty=five dollars for
34 12 the subsequent biennium beginning January 1, and a writing
34 13 fee. Registration certificates and numbers may be renewed
34 14 upon application of the owner in the same manner as provided
34 15 in securing the original registration. The all=terrain
34 16 vehicle registration fee is in lieu of personal property tax
34 17 for each year of the registration.
34 18 2. An expired all=terrain vehicle registration may be
34 19 renewed for the same fee as if the owner is securing the
34 20 original registration plus a penalty of five dollars and a
34 21 writing fee.
34 22 3. When a person, after registering an all=terrain
34 23 vehicle, moves from the address shown on the registration
34 24 certificate, the person shall, within ten days, notify the
34 25 county recorder in writing of the move and the person's new
34 26 address.
34 27 4. Upon the transfer of ownership of an all=terrain
34 28 vehicle, the owner shall complete the form on the back of the
34 29 title, if any, and registration, if any, and deliver both to
34 30 the purchaser or transferee when the all=terrain vehicle is
34 31 delivered. If the all=terrain vehicle is not titled, the
34 32 owner shall complete the form on the back of the current
34 33 registration certificate and shall deliver the certificate to
34 34 the purchaser or transferee at the time of delivering the all=
34 35 terrain vehicle. If the all=terrain vehicle has not been
35 1 titled and has not been registered, the owner shall deliver an
35 2 affidavit for an unregistered and untitled all=terrain vehicle
35 3 to the purchaser or transferee. The purchaser or transferee
35 4 shall, within thirty days of transfer, file a new application
35 5 form with the county recorder with a fee of one dollar and the
35 6 writing fee, and a transfer of number shall be awarded in the
35 7 same manner as provided in an original registration. If the
35 8 purchaser or transferee does not file a new application form
35 9 within thirty days of transfer, the transfer of number shall
35 10 be awarded upon payment of all applicable fees plus a penalty
35 11 of five dollars.
35 12 All registrations must be valid for the current
35 13 registration period prior to the transfer of any registration,
35 14 including assignment to a dealer.
35 15 5. Duplicate registrations may be issued upon application
35 16 to the county recorder and the payment of the same fees
35 17 collected for the transfer of registrations.
35 18 6. A motorcycle, as defined in section 321.1, subsection
35 19 40, paragraph "a", may be registered as an all=terrain vehicle
35 20 as provided in this section. A motorcycle registered as an
35 21 all=terrain vehicle may participate in all programs
35 22 established for all=terrain vehicles under this chapter except
35 23 for the safety instruction and certification program.
35 24 Sec. 50. NEW SECTION. 321I.7 FEES REMITTED TO COMMISSION
35 25 == APPROPRIATION.
35 26 Within ten days after the end of each month, a county
35 27 recorder shall remit to the commission the all=terrain vehicle
35 28 fees collected by the recorder during the previous month.
35 29 Before January 10 of odd=numbered years, a recorder shall
35 30 remit unused license forms from the previous biennium to the
35 31 commission.
35 32 The department shall remit the fees to the treasurer of
35 33 state, who shall place the money in a special all=terrain
35 34 vehicle fund. The money is appropriated to the department for
35 35 the all=terrain vehicle programs of the state. The programs
36 1 shall include grants, subgrants, contracts, or cost=sharing of
36 2 all=terrain vehicle programs with political subdivisions or
36 3 incorporated private organizations or both in accordance with
36 4 rules adopted by the commission. All programs using cost=
36 5 sharing, grants, subgrants, or contracts shall establish and
36 6 implement a safety instruction program either singly or in
36 7 cooperation with other all=terrain vehicle programs. All=
36 8 terrain vehicle fees may be used to support joint all=terrain
36 9 vehicle and snowmobile programs on a usage basis. At least
36 10 fifty percent of the special fund shall be available for
36 11 political subdivisions or incorporated private organizations
36 12 or both. Moneys from the special fund not used by the
36 13 political subdivisions or incorporated private organizations
36 14 or both shall remain in the fund and may be used by the
36 15 department for the administration of the all=terrain vehicle
36 16 programs.
36 17 Sec. 51. NEW SECTION. 321I.8 EXEMPT VEHICLES.
36 18 Registration shall not be required for the following
36 19 described all=terrain vehicles:
36 20 1. All=terrain vehicles owned and used by the United
36 21 States, another state, or a political subdivision of another
36 22 state.
36 23 2. All=terrain vehicles registered in a country other than
36 24 the United States used within this state for not more than
36 25 twenty consecutive days.
36 26 3. All=terrain vehicles covered by a valid license of
36 27 another state and which have not been within this state for
36 28 more than twenty consecutive days.
36 29 4. All=terrain vehicles not registered or licensed in
36 30 another state or country being used in this state while
36 31 engaged in a special event and not remaining in the state for
36 32 a period of more than ten days.
36 33 5. All=terrain vehicles used in accordance with section
36 34 321.234A.
36 35 6. All=terrain vehicles used exclusively as farm
37 1 implements.
37 2 Sec. 52. NEW SECTION. 321I.9 OPERATION ON ROADWAYS AND
37 3 HIGHWAYS.
37 4 A person shall not operate an all=terrain vehicle upon
37 5 roadways or highways, as defined in section 321.1, except as
37 6 provided in section 321.234A and this chapter.
37 7 1. An all=terrain vehicle shall not be operated at any
37 8 time within the right=of=way of any interstate highway or
37 9 freeway within this state except under either of the following
37 10 circumstances:
37 11 a. As provided in section 321.234A.
37 12 b. When using an underpass located on an interstate
37 13 highway or freeway if all of the following apply:
37 14 (1) The underpass has been abandoned and is no longer
37 15 being used by motor vehicles or trains.
37 16 (2) Use of the underpass is the only alternative to the
37 17 use of a traveled roadway.
37 18 (3) Notwithstanding the provisions of chapter 321, use of
37 19 the underpass does not conflict with any rules or regulations
37 20 adopted by a federal governmental entity or this state or a
37 21 political subdivision of this state.
37 22 2. An all=terrain vehicle may make a direct crossing of a
37 23 street or highway provided all of the following occur:
37 24 a. The crossing is made at an angle of approximately
37 25 ninety degrees to the direction of the highway and at a place
37 26 where no obstruction prevents a quick and safe crossing.
37 27 b. The all=terrain vehicle is brought to a complete stop
37 28 before crossing the shoulder or main traveled way of the
37 29 highway.
37 30 c. The driver yields the right=of=way to all oncoming
37 31 traffic which constitutes an immediate hazard.
37 32 d. In crossing a divided highway, the crossing is made
37 33 only at an intersection of such highway with another public
37 34 street or highway.
37 35 3. An all=terrain vehicle shall not be operated on public
38 1 highways under any of the following conditions:
38 2 a. On the roadway portion of a highway and adjacent
38 3 shoulder, or at least five feet on either side of the roadway,
38 4 except as provided in subsection 4.
38 5 b. On limited access highways and approaches.
38 6 c. For racing any moving object.
38 7 d. Abreast with one or more other all=terrain vehicles or
38 8 snowmobiles on a city highway.
38 9 4. A registered all=terrain vehicle may be operated under
38 10 the following conditions:
38 11 a. Upon city highways which have not been plowed during
38 12 the snow season or on such highways as designated by the
38 13 governing body of a municipality.
38 14 b. On that portion of county roadways that have not been
38 15 plowed during the snow season or not maintained or utilized
38 16 for the operation of conventional two=wheel drive motor
38 17 vehicles.
38 18 c. On highways in an emergency during the period of time
38 19 when and at locations where snow upon the roadway renders
38 20 travel by conventional motor vehicles impractical.
38 21 d. On the roadways of that portion of county highways
38 22 designated by the county board of supervisors for such use
38 23 during a specified period. The county board of supervisors
38 24 shall evaluate the traffic conditions on all county highways
38 25 and designate roadways on which all=terrain vehicles may be
38 26 operated for the specified period without unduly interfering
38 27 with or constituting an undue hazard to conventional motor
38 28 vehicle traffic. Signs warning of the operation of all=
38 29 terrain vehicles on the roadway shall be placed and maintained
38 30 on the portions of highway thus designated during the period
38 31 specified for the operation.
38 32 e. On the roadway or shoulder when necessary to cross a
38 33 bridge or culvert, or avoid an obstruction which makes it
38 34 impossible to travel on the portion of the highway not
38 35 intended for motor vehicles, if the all=terrain vehicle is
39 1 brought to a complete stop before entering onto the roadway or
39 2 shoulder and the driver yields the right=of=way to any
39 3 approaching vehicle on the roadway.
39 4 f. All=terrain vehicles shall not be operated on
39 5 snowmobile trails except where designated by the controlling
39 6 authority and the primary snowmobile trail sponsor.
39 7 5. The headlight and taillight shall be lighted during the
39 8 operation on a public highway at any time from sunset to
39 9 sunrise, and at such other times when conditions such as fog,
39 10 snow, sleet, or rain provide insufficient lighting to render
39 11 clearly discernible persons and vehicles at a distance of five
39 12 hundred feet ahead.
39 13 6. a. An all=terrain vehicle shall not be operated on or
39 14 across a public highway by a person under sixteen years of age
39 15 who does not have in the person's possession a safety
39 16 certificate issued to the person pursuant to this chapter.
39 17 b. A person twelve to fifteen years of age and possessing
39 18 a valid safety certificate must be under the direct
39 19 supervision of a parent, guardian, or another adult authorized
39 20 by the parent or guardian, who is experienced in all=terrain
39 21 vehicle operation, and who possesses a valid driver's license
39 22 as defined in section 321.1, or a safety certificate issued
39 23 under this chapter.
39 24 7. An all=terrain vehicle shall not be operated within the
39 25 right=of=way of a primary highway between the hours of sunset
39 26 and sunrise except on the right=hand side of the right=of=way
39 27 and in the same direction as the motor vehicular traffic on
39 28 the nearest lane of traveled portion of the right=of=way.
39 29 Sec. 53. NEW SECTION. 321I.10 ACCIDENT REPORTS.
39 30 If an all=terrain vehicle is involved in an accident
39 31 resulting in injury or death to anyone or property damage
39 32 amounting to two hundred dollars or more, either the operator
39 33 or someone acting for the operator shall immediately notify
39 34 the county sheriff or another law enforcement agency in the
39 35 state. The operator shall file with the commission a report
40 1 of the accident, within forty=eight hours, containing
40 2 information as the commission may require.
40 3 Sec. 54. NEW SECTION. 321I.11 MUFFLERS REQUIRED ==
40 4 INSPECTIONS.
40 5 1. An all=terrain vehicle shall not be operated without
40 6 suitable and effective muffling devices which limit engine
40 7 noise to not more than eighty=six decibels as measured on the
40 8 "A" scale at a distance of fifty feet.
40 9 2. The commission may adopt rules with respect to the
40 10 inspection of all=terrain vehicles and testing of their
40 11 mufflers.
40 12 Sec. 55. NEW SECTION. 321I.12 HEADLAMP == TAIL LAMP ==
40 13 BRAKES.
40 14 Every all=terrain vehicle operated during the hours of
40 15 darkness shall display a lighted headlamp and tail lamp.
40 16 Every all=terrain vehicle shall be equipped with brakes.
40 17 Sec. 56. NEW SECTION. 321I.13 UNLAWFUL OPERATION.
40 18 1. A person shall not drive or operate an all=terrain
40 19 vehicle:
40 20 a. At a rate of speed greater than reasonable or proper
40 21 under all existing circumstances.
40 22 b. In a careless, reckless, or negligent manner so as to
40 23 endanger the person or property of another or to cause injury
40 24 or damage thereto.
40 25 c. While under the influence of intoxicating liquor or
40 26 narcotics or habit=forming drugs.
40 27 d. Without a lighted headlight and taillight from sunset
40 28 to sunrise and at such other times when conditions provide
40 29 insufficient lighting to render clearly discernible persons
40 30 and vehicles at a distance of five hundred feet ahead.
40 31 e. In any tree nursery or planting in a manner which
40 32 damages or destroys growing stock.
40 33 f. On any public land, ice, or snow, in violation of
40 34 official signs of the commission prohibiting such operation in
40 35 the interest of safety for persons, property, or the
41 1 environment. Any officer appointed by the commission may post
41 2 an official sign in an emergency for the protection of
41 3 persons, property, or the environment.
41 4 g. In or on any park or fish and game areas except on
41 5 designated all=terrain vehicle trails.
41 6 h. Upon an operating railroad right=of=way. An all=
41 7 terrain vehicle may be driven directly across a railroad
41 8 right=of=way only at an established crossing and,
41 9 notwithstanding any other provisions of law, may, if
41 10 necessary, use the improved portion of the established
41 11 crossing after yielding to all oncoming traffic. This
41 12 paragraph does not apply to a law enforcement officer or
41 13 railroad employee in the lawful discharge of the officer's or
41 14 employee's duties or to an employee of a utility with
41 15 authority to enter upon the railroad right=of=way in the
41 16 lawful performance of the employee's duties.
41 17 2. A person shall not operate or ride in an all=terrain
41 18 vehicle with a firearm in the person's possession unless it is
41 19 unloaded and enclosed in a carrying case. However, a
41 20 nonambulatory person may carry an uncased and unloaded firearm
41 21 while operating or riding an all=terrain vehicle.
41 22 3. A person shall not operate an all=terrain vehicle while
41 23 carrying a passenger.
41 24 Sec. 57. NEW SECTION. 321I.14 PENALTY.
41 25 Any person who violates this chapter or a rule of the
41 26 commission or director of transportation is guilty of a simple
41 27 misdemeanor.
41 28 Chapter 232 shall have no application in the prosecution of
41 29 offenses which are committed in violation of this chapter, and
41 30 which constitute simple misdemeanors.
41 31 Sec. 58. NEW SECTION. 321I.15 OPERATION PENDING
41 32 REGISTRATION.
41 33 The commission shall furnish all=terrain vehicle dealers
41 34 with pasteboard cards bearing the words "registration applied
41 35 for" and space for the date of purchase. An unregistered all=
42 1 terrain vehicle sold by a dealer shall bear one of these cards
42 2 which entitles the purchaser to operate it for ten days
42 3 immediately following the purchase. The purchaser of a
42 4 registered all=terrain vehicle may operate it for ten days
42 5 immediately following the purchase, without having completed a
42 6 transfer of registration. An all=terrain vehicle dealer shall
42 7 make application and pay all registration and title fees if
42 8 applicable on behalf of the purchaser of an all=terrain
42 9 vehicle.
42 10 Sec. 59. NEW SECTION. 321I.16 SPECIAL EVENTS.
42 11 The department may authorize the holding of organized
42 12 special events as defined in this chapter within this state.
42 13 The department shall adopt rules relating to the conduct of
42 14 special events held under department permits and designating
42 15 the equipment and facilities necessary for safe operation of
42 16 all=terrain vehicles or for the safety of operators,
42 17 participants, and observers in the special events. A special
42 18 event for all=terrain vehicles may include motorcycles upon
42 19 payment of an entrance fee set by the organizer of the special
42 20 event. The department may require that part of the motorcycle
42 21 entrance fee be credited to pay costs of all=terrain vehicle
42 22 programs authorized pursuant to section 321I.7. At least
42 23 thirty days before the scheduled date of a special event in
42 24 this state, an application shall be filed with the department
42 25 for authorization to conduct the special event. The
42 26 application shall set forth the date, time, and location of
42 27 the proposed special event and any other information the
42 28 department requires. The special event shall not be conducted
42 29 without written authorization of the department. Copies of
42 30 the rules shall be furnished by the department to any person
42 31 making an application.
42 32 Sec. 60. NEW SECTION. 321I.17 VIOLATION OF "STOP"
42 33 SIGNAL.
42 34 A person, after having received a visual or audible signal
42 35 from a peace officer to come to a stop, shall not operate an
43 1 all=terrain vehicle in willful or wanton disregard of the
43 2 signal or interfere with or endanger the officer or any other
43 3 person or vehicle, or increase speed or attempt to flee or
43 4 elude the officer.
43 5 Sec. 61. NEW SECTION. 321I.18 NEGLIGENCE.
43 6 The owner and operator of an all=terrain vehicle are liable
43 7 for any injury or damage occasioned by the negligent operation
43 8 of the all=terrain vehicle. The owner of an all=terrain
43 9 vehicle shall be liable for any such injury or damage only if
43 10 the owner was the operator of the all=terrain vehicle at the
43 11 time the injury or damage occurred or if the operator had the
43 12 owner's consent to operate the all=terrain vehicle at the time
43 13 the injury or damage occurred.
43 14 Sec. 62. NEW SECTION. 321I.19 RENTED ALL=TERRAIN
43 15 VEHICLES.
43 16 1. The owner of a rented all=terrain vehicle shall keep a
43 17 record of the name and address of each person renting the all=
43 18 terrain vehicle, its registration number, the departure date
43 19 and time, and the expected time of return. The records shall
43 20 be preserved for six months.
43 21 2. The owner of an all=terrain vehicle operated for hire
43 22 shall not permit the use or operation of a rented all=terrain
43 23 vehicle unless it has been provided with all equipment
43 24 required by this chapter or rules of the commission or the
43 25 director of transportation, properly installed and in good
43 26 working order.
43 27 Sec. 63. NEW SECTION. 321I.20 MINORS UNDER TWELVE.
43 28 A person under twelve years of age shall not operate an
43 29 all=terrain vehicle on public lands unless the person is
43 30 taking a prescribed safety training course under the direct
43 31 supervision of a certified all=terrain vehicle safety
43 32 instructor and a parent or guardian.
43 33 Sec. 64. NEW SECTION. 321I.21 MANUFACTURER, DISTRIBUTOR,
43 34 OR DEALER == SPECIAL REGISTRATION.
43 35 1. A manufacturer, distributor, or dealer owning an all=
44 1 terrain vehicle required to be registered under this chapter
44 2 may operate the all=terrain vehicle for purposes of
44 3 transporting, testing, demonstrating, or selling it without
44 4 the all=terrain vehicle being registered, except that a
44 5 special identification number issued to the owner as provided
44 6 in this chapter shall be displayed on the all=terrain vehicle.
44 7 The special identification number shall not be used on an all=
44 8 terrain vehicle offered for hire or for any work or service
44 9 performed by a manufacturer, distributor, or dealer.
44 10 2. Any manufacturer, distributor, or dealer may, upon
44 11 payment of a fee of fifteen dollars, make application to the
44 12 commission, upon forms prescribed by the commission, for a
44 13 special registration certificate containing a general
44 14 identification number and for one or more duplicate special
44 15 registration certificates. The applicant shall submit
44 16 reasonable proof of the applicant's status as a bona fide
44 17 manufacturer, distributor, or dealer as may be required by the
44 18 commission.
44 19 3. The commission, upon granting an application, shall
44 20 issue to the applicant a special registration certificate
44 21 containing the applicant's name and address, the general
44 22 identification number assigned to the applicant, the word
44 23 "manufacturer", "dealer", or "distributor", and other
44 24 information the commission prescribes. The manufacturer,
44 25 distributor, or dealer shall have the assigned number printed
44 26 upon or attached to a removable sign or signs which may be
44 27 temporarily but firmly mounted or attached to the all=terrain
44 28 vehicle being used. The display shall meet the requirements
44 29 of this chapter and the rules of the commission.
44 30 4. The commission shall also issue duplicate special
44 31 registration certificates which shall have displayed thereon
44 32 the general identification number assigned to the applicant.
44 33 Each duplicate registration certificate so issued shall
44 34 contain a number or symbol identifying it from every other
44 35 duplicate special registration certificate bearing the same
45 1 general identification number. The fee for each additional
45 2 duplicate special registration certificate shall be two
45 3 dollars.
45 4 5. Each special registration certificate issued hereunder
45 5 shall expire on December 31 of each year, and a new special
45 6 registration certificate for the ensuing twelve months may be
45 7 obtained upon application to the commission and payment of the
45 8 fee provided by law.
45 9 6. Every manufacturer, distributor, or dealer shall keep a
45 10 written record of the all=terrain vehicles upon which special
45 11 registration certificates are used, which record shall be open
45 12 to inspection by any law enforcement officer or any officer or
45 13 employee of the commission.
45 14 7. If a manufacturer, distributor, or dealer has an
45 15 established place of business in more than one location, the
45 16 manufacturer, distributor, or dealer shall secure a separate
45 17 and distinct special registration certificate and general
45 18 identification number for each place of business.
45 19 8. Dealers using special certificates under this chapter
45 20 shall, before January 10 of each year, furnish the commission
45 21 with a list of all used all=terrain vehicles held by them for
45 22 sale or trade, and upon which the registration fee for the
45 23 current year has not been paid, giving the previous
45 24 registration number, name of previous owner at the time the
45 25 all=terrain vehicle was transferred to the dealer, and other
45 26 information the commission requires.
45 27 9. If the purchaser or transferee of an all=terrain
45 28 vehicle is a dealer who holds the same for resale and operates
45 29 the all=terrain vehicle only for purposes incidental to a
45 30 resale and displays the special dealer's certificate, or does
45 31 not operate the all=terrain vehicle or permit it to be
45 32 operated, the transferee is not required to obtain a new
45 33 registration certificate but upon transferring title or
45 34 interest to another person shall sign the reverse side of the
45 35 title, if any, and the registration certificate of the all=
46 1 terrain vehicle indicating the name and address of the new
46 2 purchaser. A dealer shall make application and pay all
46 3 registration and title fees if applicable on behalf of the
46 4 purchaser of an all=terrain vehicle. The recorder shall award
46 5 a transfer of the registration number. If the registration
46 6 has expired while in the dealer's possession, the purchaser
46 7 may renew the registration for the same fee and writing fee as
46 8 if the purchaser is securing the original registration.
46 9 10. When a dealer purchases or otherwise acquires an all=
46 10 terrain vehicle registered in this state, the dealer shall
46 11 issue a signed receipt to the previous owner, indicating the
46 12 date of purchase or acquisition, the name and address of the
46 13 previous owner, and the registration number of the all=terrain
46 14 vehicle purchased or acquired. The original receipt shall be
46 15 delivered to the previous owner and one copy shall be mailed
46 16 or delivered by the dealer to the county recorder of the
46 17 county in which the all=terrain vehicle is registered, and one
46 18 copy shall be delivered to the commission within forty=eight
46 19 hours.
46 20 11. Nothing in this section shall prohibit a dealer from
46 21 obtaining a new registration and transfer of registration in
46 22 the same manner as other purchasers.
46 23 Sec. 65. NEW SECTION. 321I.22 LIMITATION OF LIABILITY BY
46 24 PUBLIC BODIES AND ADJOINING OWNERS.
46 25 The state, its political subdivisions, and the owners or
46 26 tenants of property adjoining public lands or the right=of=way
46 27 of a public highway and their agents and employees owe no duty
46 28 of care to keep the public lands, ditches, or land contiguous
46 29 to a highway or roadway under the control of the state or a
46 30 political subdivision safe for entry or use by persons
46 31 operating an all=terrain vehicle, or to give any warning of a
46 32 dangerous condition, use, structure, or activity on the
46 33 premises to persons entering for such purposes, except in the
46 34 case of willful or malicious failure to guard or warn against
46 35 a dangerous condition, use, structure, or activity. The
47 1 state, its political subdivisions, and the owners or tenants
47 2 of property adjoining public lands or the right=of=way of a
47 3 public highway and their agents and employees are not liable
47 4 for actions taken to allow or facilitate the use of public
47 5 lands, ditches, or land contiguous to a highway or roadway
47 6 except in the case of a willful or malicious failure to guard
47 7 or warn against a dangerous condition, use, structure, or
47 8 activity.
47 9 This section does not create a duty of care or ground of
47 10 liability on behalf of the state, its political subdivisions,
47 11 or the owners or tenants of property adjoining public lands or
47 12 the right=of=way of a public highway and their agents and
47 13 employees for injury to persons or property in the operation
47 14 of all=terrain vehicles in a ditch or on land contiguous to a
47 15 highway or roadway under the control of the state or a
47 16 political subdivision. The state, its political subdivisions,
47 17 and the owners or tenants of property adjoining public lands
47 18 or the right=of=way of a public highway and their agents and
47 19 employees are not liable for the operation of an all=terrain
47 20 vehicle in violation of this chapter.
47 21 Sec. 66. NEW SECTION. 321I.23 COURSE OF INSTRUCTION.
47 22 1. The commission shall provide, by rules adopted pursuant
47 23 to section 321I.2, for the establishment of certified courses
47 24 of instruction to be conducted throughout the state for the
47 25 safe use and operation of all=terrain vehicles. The
47 26 curriculum shall include instruction in the lawful and safe
47 27 use, operation, and equipping of all=terrain vehicles
47 28 consistent with this chapter and rules adopted by the
47 29 commission and the director of transportation and other
47 30 matters the commission deems pertinent for a qualified all=
47 31 terrain vehicle operator.
47 32 2. The commission may certify any experienced, qualified
47 33 operator to be an instructor of a class established under
47 34 subsection 1. Each instructor shall be at least eighteen
47 35 years of age.
48 1 3. Upon completion of the course of instruction, the
48 2 commission shall provide for the administration of a written
48 3 test to any student who wishes to qualify for a safety
48 4 certificate.
48 5 4. The commission shall provide safety material relating
48 6 to the operation of all=terrain vehicles for the use of
48 7 nonpublic or public elementary and secondary schools in this
48 8 state.
48 9 Sec. 67. NEW SECTION. 321I.24 SAFETY CERTIFICATE == FEE.
48 10 1. A person under eighteen years of age shall not operate
48 11 an all=terrain vehicle on public land or land purchased with
48 12 all=terrain vehicle registration funds in this state without
48 13 obtaining a valid safety certificate issued by the department
48 14 and having the certificate in the person's possession.
48 15 2. Upon application and payment of a fee of three dollars,
48 16 a qualified applicant shall be issued a safety certificate
48 17 which is valid until the certificate is suspended or revoked
48 18 for a violation of a provision of this chapter or a rule of
48 19 the commission or the director of transportation. The
48 20 application shall be made on forms issued by the commission
48 21 and shall contain information as the commission may reasonably
48 22 require.
48 23 3. Any person who is required to have a safety certificate
48 24 under this chapter and who has completed a course of
48 25 instruction established under section 321I.2, subsection 5,
48 26 including the successful passage of an examination which
48 27 includes a written test relating to such course of
48 28 instruction, shall be considered qualified to apply for a
48 29 safety certificate. The commission may waive the requirement
48 30 of completing such course of instruction if such person
48 31 successfully passes a written test based on such course of
48 32 instruction.
48 33 4. The permit fees collected under this section shall be
48 34 credited to the special all=terrain vehicle fund and shall be
48 35 used for safety and educational programs.
49 1 5. A valid all=terrain vehicle safety certificate or
49 2 license issued to a nonresident by a governmental authority of
49 3 another state shall be considered a valid certificate or
49 4 license in this state if the permit or license requirements of
49 5 the governmental authority, excluding fees, are substantially
49 6 the same as the requirements of this chapter as determined by
49 7 the commission.
49 8 Sec. 68. NEW SECTION. 321I.25 STOPPING AND INSPECTING ==
49 9 WARNINGS.
49 10 A peace officer may stop and inspect an all=terrain vehicle
49 11 operated, parked, or stored on public streets, highways,
49 12 public lands, or frozen waters of the state to determine if
49 13 the all=terrain vehicle is registered, numbered, or equipped
49 14 as required by this chapter and commission rules. The officer
49 15 shall not inspect an area that is not essential to determine
49 16 compliance with the requirements. If the officer determines
49 17 that the all=terrain vehicle is not in compliance, the officer
49 18 may issue a warning memorandum to the operator and forward a
49 19 copy to the commission. The warning memorandum shall indicate
49 20 the items found not in compliance and shall direct the owner
49 21 or operator of the all=terrain vehicle to have the all=terrain
49 22 vehicle in compliance and return a copy of the warning
49 23 memorandum with the proof of compliance to the commission
49 24 within fourteen days. If the proof of compliance is not
49 25 provided within fourteen days, the owner or operator is in
49 26 violation of this chapter.
49 27 Sec. 69. NEW SECTION. 321I.26 TERMINATION OF USE.
49 28 A person who receives a warning memorandum for an all=
49 29 terrain vehicle shall stop using the all=terrain vehicle as
49 30 soon as possible and shall not operate it on public streets,
49 31 highways, public lands, or frozen waters of the state until
49 32 the all=terrain vehicle is in compliance.
49 33 Sec. 70. NEW SECTION. 321I.27 WRITING FEES.
49 34 The county recorder shall collect a writing fee of one
49 35 dollar for an all=terrain vehicle registration.
50 1 Sec. 71. NEW SECTION. 321I.28 CONSISTENT LOCAL LAWS ==
50 2 SPECIAL LOCAL RULES.
50 3 1. This chapter and other applicable laws of this state
50 4 shall govern the operation, equipment, numbering, and all
50 5 other matters relating to an all=terrain vehicle when the all=
50 6 terrain vehicle is operated or maintained in this state.
50 7 However, this chapter does not prevent the adoption of an
50 8 ordinance or local law relating to the operation or equipment
50 9 of all=terrain vehicles. The ordinances or local laws are
50 10 operative only so long as they are not inconsistent with this
50 11 chapter or the rules adopted by the commission.
50 12 2. A subdivision of this state, after public notice by
50 13 publication in a newspaper having a general circulation in the
50 14 subdivision, may make formal application to the commission for
50 15 special rules concerning the operation of all=terrain vehicles
50 16 within the territorial limits of the subdivision and shall
50 17 provide the commission with the reasons the special rules are
50 18 necessary.
50 19 3. The commission, upon application by local authorities
50 20 and in conformity with this chapter, may make special rules
50 21 concerning the operation of all=terrain vehicles within the
50 22 territorial limits of a subdivision of this state.
50 23 Sec. 72. NEW SECTION. 321I.29 OWNER'S CERTIFICATE OF
50 24 TITLE == IN GENERAL.
50 25 1. The owner of an all=terrain vehicle acquired on or
50 26 after January 1, 2000, other than an all=terrain vehicle used
50 27 exclusively as a farm implement, shall apply to the county
50 28 recorder of the county in which the owner resides for a
50 29 certificate of title for the all=terrain vehicle. The owner
50 30 of an all=terrain vehicle used exclusively as a farm implement
50 31 may obtain a certificate of title. A person who owns an all=
50 32 terrain vehicle that is not required to have a certificate of
50 33 title may apply for and receive a certificate of title for the
50 34 all=terrain vehicle and, subsequently, the all=terrain vehicle
50 35 shall be subject to the requirements of this chapter as if the
51 1 all=terrain vehicle were required to be titled. All all=
51 2 terrain vehicles that are titled shall be registered.
51 3 2. A certificate of title shall contain the information
51 4 and shall be issued on a form the department prescribes.
51 5 3. An owner of an all=terrain vehicle shall apply to the
51 6 county recorder for issuance of a certificate of title within
51 7 thirty days after acquisition. The application shall be on
51 8 forms the department prescribes and accompanied by the
51 9 required fee. The application shall be signed and sworn to
51 10 before a notary public or other person who administers oaths,
51 11 or shall include a certification signed in writing containing
51 12 substantially the representation that statements made are true
51 13 and correct to the best of the applicant's knowledge,
51 14 information, and belief, under penalty of perjury. The
51 15 application shall contain the date of sale and gross price of
51 16 the all=terrain vehicle or the fair market value if no sale
51 17 immediately preceded the transfer and any additional
51 18 information the department requires. If the application is
51 19 made for an all=terrain vehicle last previously registered or
51 20 titled in another state or foreign country, the application
51 21 shall contain this information and any other information the
51 22 department requires.
51 23 4. If a dealer buys or acquires an all=terrain vehicle for
51 24 resale, the dealer shall report the acquisition to the county
51 25 recorder on forms provided by the department and may apply for
51 26 and obtain a certificate of title as provided in this chapter.
51 27 If a dealer buys or acquires a used all=terrain vehicle, the
51 28 dealer may apply for a certificate of title in the dealer's
51 29 name within thirty days. If a dealer buys or acquires a new
51 30 all=terrain vehicle for resale, the dealer may apply for a
51 31 certificate of title in the dealer's name.
51 32 5. A manufacturer or dealer shall not transfer ownership
51 33 of a new all=terrain vehicle without supplying the transferee
51 34 with the manufacturer's or importer's certificate of origin
51 35 signed by the manufacturer's or importer's authorized agent.
52 1 The certificate shall contain information the department
52 2 requires. The department may adopt rules providing for the
52 3 issuance of a certificate of origin for an all=terrain vehicle
52 4 by the department upon good cause shown by the owner.
52 5 6. A dealer transferring ownership of an all=terrain
52 6 vehicle under this chapter shall assign the title to the new
52 7 owner, or in the case of a new all=terrain vehicle, assign the
52 8 certificate of origin. Within fifteen days the dealer shall
52 9 forward all moneys and applications to the county recorder.
52 10 7. The county recorder shall maintain a record of any
52 11 certificate of title which the county recorder issues and
52 12 shall keep each certificate of title on record until the
52 13 certificate of title has been inactive for five years. When
52 14 issuing a title for a new all=terrain vehicle, the county
52 15 recorder shall obtain and keep on file the certificate of
52 16 origin. When issuing a title and registration for a used all=
52 17 terrain vehicle for which there is no title or registration,
52 18 the county recorder shall obtain and keep on file the
52 19 affidavit for the unregistered and untitled all=terrain
52 20 vehicle.
52 21 8. Once titled, a person shall not sell or transfer
52 22 ownership of an all=terrain vehicle without delivering to the
52 23 purchaser or transferee a certificate of title with an
52 24 assignment on it showing title in the purchaser or transferee.
52 25 A person shall not purchase or otherwise acquire an all=
52 26 terrain vehicle without obtaining a certificate of title for
52 27 it in that person's name.
52 28 9. If the county recorder is not satisfied as to the
52 29 ownership of the all=terrain vehicle or that there are no
52 30 undisclosed security interests in the all=terrain vehicle, the
52 31 county recorder may issue a certificate of title for the all=
52 32 terrain vehicle but, as a condition of such issuance, may
52 33 require the applicant to file with the department a bond in
52 34 the form prescribed by the department and executed by the
52 35 applicant, and also executed by a person authorized to conduct
53 1 a surety business in this state. The form and amount of the
53 2 bond shall be established by rule of the department. The bond
53 3 shall be conditioned to indemnify any prior owner and secured
53 4 party and any subsequent purchaser of the all=terrain vehicle
53 5 or person acquiring any security interest in the all=terrain
53 6 vehicle, and their respective successors in interest, against
53 7 any expense, loss, or damage, including reasonable attorney
53 8 fees, by reason of the issuance of the certificate of title of
53 9 the all=terrain vehicle or on account of any defect in or
53 10 undisclosed security interest upon the right, title, and
53 11 interest of the applicant in and to the all=terrain vehicle.
53 12 Any such interested person has a right of action to recover on
53 13 the bond for any breach of its conditions, but the aggregate
53 14 liability of the surety to all persons shall not exceed the
53 15 amount of the bond. The bond shall be returned at the end of
53 16 three years or prior thereto if the all=terrain vehicle is no
53 17 longer registered in this state and the certificate of title
53 18 is surrendered to the department, unless the department has
53 19 been notified of the pendency of an action to recover on the
53 20 bond.
53 21 10. The county recorder shall transmit a copy of the
53 22 certificate of title to the department, which shall be the
53 23 central repository of title information for all=terrain
53 24 vehicles.
53 25 Sec. 73. NEW SECTION. 321I.30 FEES == DUPLICATES.
53 26 1. The county recorder shall charge a ten dollar fee to
53 27 issue a certificate of title, a transfer of title, a
53 28 duplicate, or a corrected certificate of title.
53 29 2. If a certificate of title is lost, stolen, mutilated,
53 30 destroyed, or becomes illegible, the first lienholder or, if
53 31 there is none, the owner named in the certificate, as shown by
53 32 the county recorder's records, shall within thirty days obtain
53 33 a duplicate by applying to the county recorder. The applicant
53 34 shall furnish information the department requires concerning
53 35 the original certificate and the circumstances of its loss,
54 1 mutilation, or destruction. Mutilated or illegible
54 2 certificates shall be returned to the department with the
54 3 application for a duplicate.
54 4 3. The duplicate certificate of title shall be marked
54 5 plainly "duplicate" across its face and mailed or delivered to
54 6 the applicant.
54 7 4. If a lost or stolen original certificate of title for
54 8 which a duplicate has been issued is recovered, the original
54 9 shall be surrendered promptly to the department for
54 10 cancellation.
54 11 5. Five dollars of the certificate of title fees collected
54 12 under this section shall be remitted by the county recorder to
54 13 the treasurer of state for deposit in the special all=terrain
54 14 vehicle fund created under section 321I.7. The remaining five
54 15 dollars shall be retained by the county and deposited into the
54 16 general fund of the county.
54 17 Sec. 74. NEW SECTION. 321I.31 TRANSFER OR REPOSSESSION
54 18 BY OPERATION OF LAW.
54 19 1. If ownership of an all=terrain vehicle is transferred
54 20 by operation of law, such as by inheritance, order in
54 21 bankruptcy, insolvency, replevin, or execution sale, the
54 22 transferee, within thirty days after acquiring the right to
54 23 possession of the all=terrain vehicle, shall mail or deliver
54 24 to the county recorder satisfactory proof of ownership as the
54 25 county recorder requires, together with an application for a
54 26 new certificate of title, and the required fee.
54 27 2. If a lienholder repossesses an all=terrain vehicle by
54 28 operation of law and holds it for resale, the lienholder shall
54 29 secure a new certificate of title and shall pay the required
54 30 fee.
54 31 Sec. 75. NEW SECTION. 321I.32 SECURITY INTEREST ==
54 32 PERFECTION AND TITLES == FEE.
54 33 1. A security interest created in this state in an all=
54 34 terrain vehicle is not perfected until the security interest
54 35 is noted on the certificate of title.
55 1 a. To perfect the security interest, an application for
55 2 security interest must be presented along with the original
55 3 title. The county recorder shall note the security interest
55 4 on the face of the title and on the copy in the recorder's
55 5 office.
55 6 b. The application fee for a security interest is ten
55 7 dollars. Five dollars of the fee shall be credited to the
55 8 special all=terrain vehicle fund created under section 321I.7.
55 9 The remaining five dollars shall be retained by the county and
55 10 deposited into the general fund of the county.
55 11 2. The certificate of title shall be presented to the
55 12 county recorder when the application for security interest or
55 13 for assignment of the security interest is presented and a new
55 14 or endorsed certificate of title shall be issued to the
55 15 secured party with the name and address of the secured party
55 16 upon it.
55 17 3. The secured party shall present the certificate of
55 18 title to the county recorder when a release statement is filed
55 19 and a new or endorsed certificate shall be issued to the
55 20 owner.
55 21 Sec. 76. NEW SECTION. 321I.33 VEHICLE IDENTIFICATION
55 22 NUMBER.
55 23 1. The department may assign a distinguishing number to an
55 24 all=terrain vehicle when the serial number on the all=terrain
55 25 vehicle is destroyed or obliterated and issue to the owner a
55 26 special plate bearing the distinguishing number which shall be
55 27 affixed to the all=terrain vehicle in a position to be
55 28 determined by the department. The all=terrain vehicle shall
55 29 be registered and titled under the distinguishing number in
55 30 lieu of the former serial number. Every all=terrain vehicle
55 31 shall have a vehicle identification number assigned and
55 32 affixed as required by the department.
55 33 2. The commission shall adopt, by rule, the procedures for
55 34 application and for issuance of a vehicle identification
55 35 number for homebuilt all=terrain vehicles.
56 1 3. A person shall not destroy, remove, alter, cover, or
56 2 deface the manufacturer's vehicle identification number, the
56 3 plate bearing it, or any vehicle identification number the
56 4 department assigns to an all=terrain vehicle without the
56 5 department's permission.
56 6 4. A person other than a manufacturer who constructs or
56 7 rebuilds an all=terrain vehicle for which there is no legible
56 8 vehicle identification number shall submit to the department
56 9 an affidavit which describes the all=terrain vehicle. In
56 10 cooperation with the county recorder, the department shall
56 11 assign a vehicle identification number to the all=terrain
56 12 vehicle. The applicant shall permanently affix the vehicle
56 13 identification number to the all=terrain vehicle in a manner
56 14 that such alteration, removal, or replacement of the vehicle
56 15 identification number would be obvious.
56 16 Sec. 77. Section 232.8, subsection 1, paragraph b, Code
56 17 2003, is amended to read as follows:
56 18 b. Violations by a child of provisions of chapter 321,
56 19 321G, 321I, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or
56 20 484B, which would be simple misdemeanors if committed by an
56 21 adult, and violations by a child of county or municipal curfew
56 22 or traffic ordinances, are excluded from the jurisdiction of
56 23 the juvenile court and shall be prosecuted as simple
56 24 misdemeanors as provided by law. A child convicted of a
56 25 violation excluded from the jurisdiction of the juvenile court
56 26 under this paragraph shall be sentenced pursuant to section
56 27 805.8, where applicable, and pursuant to section 903.1,
56 28 subsection 3, for all other violations.
56 29 Sec. 78. Section 322D.1, subsection 1, Code 2003, is
56 30 amended to read as follows:
56 31 1. "All=terrain vehicle" means the same as defined in
56 32 section 321G.1 321I.1.
56 33 Sec. 79. Section 322F.1, subsection 1, Code 2003, is
56 34 amended to read as follows:
56 35 1. "All=terrain vehicle" means the same as defined in
57 1 section 321G.1 321I.1.
57 2 Sec. 80. Section 322F.1, subsection 4, paragraph a,
57 3 subparagraph (2), Code 2003, is amended to read as follows:
57 4 (2) All=terrain vehicles, as defined in section 321G.1
57 5 321I.1.
57 6 Sec. 81. Section 331.362, subsection 9, Code 2003, is
57 7 amended to read as follows:
57 8 9. A county may regulate traffic on and use of the
57 9 secondary roads, in accordance with sections 321.236 to
57 10 321.250, 321.254, 321.255, 321.285, subsection 5, sections
57 11 321.352, 321.471 to 321.473, and other applicable provisions
57 12 of chapter 321, and sections 321G.9, and 327G.15, 321I.9, and
57 13 321I.15.
57 14 Sec. 82. Section 331.427, subsection 1, unnumbered
57 15 paragraph 1, Code 2003, is amended to read as follows:
57 16 Except as otherwise provided by state law, county revenues
57 17 from taxes and other sources for general county services shall
57 18 be credited to the general fund of the county, including
57 19 revenues received under sections 9I.11, 101A.3, 101A.7,
57 20 123.36, 123.143, 142B.6, 176A.8, 321.105, 321.152, 321G.7,
57 21 321I.7, section 331.554, subsection 6, sections 341A.20,
57 22 364.3, 368.21, 422A.2, 428A.8, 430A.3, 433.15, 434.19, 445.57,
57 23 453A.35, 458A.21, 483A.12, 533.24, 556B.1, 583.6, 602.8108,
57 24 904.908, and 906.17, and chapter 405A, and the following:
57 25 Sec. 83. Section 331.602, subsection 16, Code 2003, is
57 26 amended to read as follows:
57 27 16. Issue snowmobile and all=terrain vehicle registrations
57 28 as provided in sections 321G.4, 321G.6, and 321G.21, 321I.4,
57 29 321I.6, and 321I.21.
57 30 Sec. 84. Section 331.605, Code 2003, is amended by adding
57 31 the following new subsection:
57 32 NEW SUBSECTION. 4A. For the issuance of all=terrain
57 33 vehicle registrations, the fees specified in section 321I.4.
57 34 Sec. 85. Section 350.5, Code 2003, is amended to read as
57 35 follows:
58 1 350.5 REGULATIONS == PENALTY == OFFICERS.
58 2 The county conservation board may make, alter, amend or
58 3 repeal regulations for the protection, regulation, and control
58 4 of all museums, parks, preserves, parkways, playgrounds,
58 5 recreation centers, and other property under its control. The
58 6 regulations shall not be contrary to, or inconsistent with,
58 7 the laws of this state. The regulations shall not take effect
58 8 until ten days after their adoption by the board and after
58 9 their publication as provided in section 331.305 and after a
58 10 copy of the regulations has been posted near each gate or
58 11 principal entrance to the public ground to which they apply.
58 12 After the publication and posting, a person violating a
58 13 provision of the regulations which are then in effect is
58 14 guilty of a simple misdemeanor. The board may designate the
58 15 director and those employees as the director may designate as
58 16 police officers who shall have all the powers conferred by law
58 17 on police officers, peace officers, or sheriffs in the
58 18 enforcement of the laws of this state and the apprehension of
58 19 violators upon all property under its control within and
58 20 without the county. The board may grant the director and
58 21 those employees of the board designated as police officers the
58 22 authority to enforce the provisions of chapters 321G, 321I,
58 23 461A, 462A, 481A, and 483A on land not under the control of
58 24 the board within the county.
58 25 Sec. 86. Section 455A.4, subsection 1, paragraph b, Code
58 26 2003, is amended to read as follows:
58 27 b. Provide overall supervision, direction, and
58 28 coordination of functions to be administered by the
58 29 administrators under chapters 321G, 321I, 455B, 455C, 456,
58 30 456A, 456B, 457A, 458A, 459, subchapters I, II, III, IV, and
58 31 VI, chapters 461A, 462A, 462B, 464A, 465C, 473, 481A, 481B,
58 32 483A, 484A, and 484B.
58 33 Sec. 87. Section 455A.5, subsection 6, paragraphs a, b,
58 34 and d, Code 2003, are amended to read as follows:
58 35 a. Establish policy and adopt rules, pursuant to chapter
59 1 17A, necessary to provide for the effective administration of
59 2 chapter 321G, 321I, 456A, 456B, 457A, 461A, 462A, 462B, 464A,
59 3 465C, 481A, 481B, 483A, 484A, or 484B.
59 4 b. Hear appeals in contested cases pursuant to chapter 17A
59 5 on matters relating to actions taken by the director under
59 6 chapter 321G, 321I, 456A, 456B, 457A, 461A, 462A, 462B, 464A,
59 7 465C, 481A, 481B, 483A, 484A, or 484B.
59 8 d. Approve the budget request prepared by the director for
59 9 the programs authorized by chapters 321G, 321I, 456A, 456B,
59 10 457A, 461A, 462A, 462B, 464A, 481A, 481B, 483A, 484A, and
59 11 484B. The commission may increase, decrease, or strike any
59 12 item within the department budget request for the specified
59 13 programs before granting approval.
59 14 Sec. 88. Section 456A.14, Code 2003, is amended to read as
59 15 follows:
59 16 456A.14 TEMPORARY APPOINTMENTS == PEACE OFFICER STATUS.
59 17 The director may appoint temporary officers for a period
59 18 not to exceed six months and may adopt minimum physical,
59 19 educational, mental, and moral requirements for the temporary
59 20 officers. Chapter 80B does not apply to the temporary
59 21 officers. Temporary officers have all the powers of peace
59 22 officers in the enforcement of this chapter and chapters 321G,
59 23 321I, 456B, 461A, 461B, 462A, 462B, 463B, 465C, 481A, 481B,
59 24 482, 483A, 484A, and 484B, and the trespass laws.
59 25 Sec. 89. Section 456A.24, subsection 12, Code 2003, is
59 26 amended to read as follows:
59 27 12. Adopt rules authorizing officers and employees of the
59 28 department who are peace officers to issue warning citations
59 29 for violations of this chapter and chapters 321G, 321I, 350,
59 30 456B, 457A, 461A through 461C, 462A, 462B, 463B, 464A, 465A
59 31 through 465C, 481A, 481B, 482, 483A, 484A, and 484B.
59 32 Sec. 90. Section 805.8B, subsection 2, Code 2003, is
59 33 amended to read as follows:
59 34 2. SNOWMOBILE AND ALL=TERRAIN VEHICLE VIOLATIONS.
59 35 a. For registration violations under section sections
60 1 321G.3 and 321I.3, the scheduled fine is twenty dollars. When
60 2 the scheduled fine is paid, the violator shall submit
60 3 sufficient proof that a valid registration has been obtained.
60 4 b. For operating violations under section 321G.9,
60 5 subsections 1, 2, 3, 4, 5, and 7, sections 321G.11, and
60 6 321G.13, subsection 1, paragraph "d", section 321I.9,
60 7 subsections 1, 2, 3, 4, 5, and 7, and sections 321I.11 and
60 8 321I.13, subsection 1, paragraph "d", the scheduled fine is
60 9 twenty dollars.
60 10 c. For improper or defective equipment under section
60 11 sections 321G.12 and 321I.12, the scheduled fine is ten
60 12 dollars.
60 13 d. For violations of section sections 321G.19 and 321I.19,
60 14 the scheduled fine is fifteen dollars.
60 15 e. For identification violations under section sections
60 16 321G.5 and 321I.5, the scheduled fine is ten dollars.
60 17 Sec. 91. Section 805.16, subsection 1, Code 2003, is
60 18 amended to read as follows:
60 19 1. Except as provided in subsection 2 of this section, a
60 20 peace officer shall issue a police citation or uniform
60 21 citation and complaint, in lieu of making a warrantless
60 22 arrest, to a person under eighteen years of age accused of
60 23 committing a simple misdemeanor under chapter 321, 321G, 321I,
60 24 461A, 461B, 462A, 481A, 481B, 483A, 484A, 484B, or a local
60 25 ordinance not subject to the jurisdiction of the juvenile
60 26 court, and shall not detain or confine the person in a
60 27 facility regulated under chapter 356 or 356A.
60 28 Sec. 92. Section 903.1, subsection 3, Code 2003, is
60 29 amended to read as follows:
60 30 3. A person under eighteen years of age convicted of a
60 31 simple misdemeanor under chapter 321, 321G, 321I, 453A, 461A,
60 32 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or a violation of
60 33 a county or municipal curfew or traffic ordinance, except for
60 34 an offense subject to section 805.8, may be required to pay a
60 35 fine, not to exceed one hundred dollars, as fixed by the
61 1 court, or may be required to perform community service as
61 2 ordered by the court.
61 3 EXPLANATION
61 4 This bill provides for the regulation of snowmobiles and
61 5 all=terrain vehicles under separate Code chapters. Under the
61 6 bill, current provisions relating to snowmobile regulation
61 7 remain in Code chapter 321G, and current provisions relating
61 8 to all=terrain vehicles are moved to new Code chapter 321I.
61 9 The bill creates separate funds in the state treasury for
61 10 deposit of snowmobile fees and all=terrain vehicle fees. The
61 11 authority of the department of natural resources to administer
61 12 snowmobile and all=terrain vehicle laws is retained in both
61 13 chapters. The bill makes corresponding technical amendments
61 14 to other sections of the Code affected by the change.
61 15 LSB 1441XS 80
61 16 dea/cf/24.1