House File 412 - Introduced
HOUSE FILE
BY MERTZ and CHAMBERS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the operation of all=terrain vehicles in
2 cities of a certain size, providing a fee, and making
3 penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2216HH 81
6 dea/cf/24
PAG LIN
1 1 Section 1. Section 321.20B, subsection 6, Code 2005, is
1 2 amended to read as follows:
1 3 6. This section does not apply to a snowmobile or all=
1 4 terrain vehicle, except an all=terrain vehicle operated as
1 5 provided in section 321.234A, subsection 2, or to a motor
1 6 vehicle identified in section 321.18, subsections 1 through 6,
1 7 and subsection 8.
1 8 Sec. 2. Section 321.109, subsection 1, unnumbered
1 9 paragraph 1, Code 2005, is amended to read as follows:
1 10 The annual fee for all motor vehicles including vehicles
1 11 designated by manufacturers as station wagons, and 1993 and
1 12 subsequent model years for multipurpose vehicles, except motor
1 13 trucks, motor homes, ambulances, hearses, motorcycles, motor
1 14 bicycles, all=terrain vehicles, and 1992 and older model years
1 15 for multipurpose vehicles, shall be equal to one percent of
1 16 the value as fixed by the department plus forty cents for each
1 17 one hundred pounds or fraction thereof of weight of vehicle,
1 18 as fixed by the department. The weight of a motor vehicle,
1 19 fixed by the department for registration purposes, shall
1 20 include the weight of a battery, heater, bumpers, spare tire,
1 21 and wheel. Provided, however, that for any new vehicle
1 22 purchased in this state by a nonresident for removal to the
1 23 nonresident's state of residence the purchaser may make
1 24 application to the county treasurer in the county of purchase
1 25 for a transit plate for which a fee of ten dollars shall be
1 26 paid. And provided, however, that for any used vehicle held
1 27 by a registered dealer and not currently registered in this
1 28 state, or for any vehicle held by an individual and currently
1 29 registered in this state, when purchased in this state by a
1 30 nonresident for removal to the nonresident's state of
1 31 residence, the purchaser may make application to the county
1 32 treasurer in the county of purchase for a transit plate for
1 33 which a fee of three dollars shall be paid. The county
1 34 treasurer shall issue a nontransferable certificate of
1 35 registration for which no refund shall be allowed; and the
2 1 transit plates shall be void thirty days after issuance. Such
2 2 purchaser may apply for a certificate of title by surrendering
2 3 the manufacturer's or importer's certificate or certificate of
2 4 title, duly assigned as provided in this chapter. In this
2 5 event, the treasurer in the county of purchase shall, when
2 6 satisfied with the genuineness and regularity of the
2 7 application, and upon payment of a fee of ten dollars, issue a
2 8 certificate of title in the name and address of the
2 9 nonresident purchaser delivering the same to the person
2 10 entitled to the title as provided in this chapter. The
2 11 application requirements of section 321.20 apply to a title
2 12 issued as provided in this subsection, except that a natural
2 13 person who applies for a certificate of title shall provide
2 14 either the person's social security number, passport number,
2 15 or driver's license number, whether the license was issued by
2 16 this state, another state, or another country. The provisions
2 17 of this subsection relating to multipurpose vehicles are
2 18 effective January 1, 1993, for all 1993 and subsequent model
2 19 years. The annual registration fee for multipurpose vehicles
2 20 that are 1992 model years and older shall be in accordance
2 21 with section 321.124.
2 22 Sec. 3. Section 321.117, Code 2005, is amended to read as
2 23 follows:
2 24 321.117 MOTORCYCLE, ALL=TERRAIN VEHICLE, AMBULANCE, AND
2 25 HEARSE FEES.
2 26 For all motorcycles the annual registration fee shall be is
2 27 twenty dollars. For all motorized bicycles the annual
2 28 registration fee shall be is seven dollars. When the a
2 29 motorcycle is more than five model years old, the annual
2 30 registration fee shall be is ten dollars. The annual
2 31 registration fee for all=terrain vehicles operated under
2 32 section 321.234A, subsection 2, is twenty dollars. The annual
2 33 registration fee for ambulances and hearses shall be is fifty
2 34 dollars. Passenger car plates shall be issued for ambulances
2 35 and hearses.
3 1 Sec. 4. Section 321.166, subsection 1, unnumbered
3 2 paragraph 1, Code 2005, is amended to read as follows:
3 3 Registration plates shall be of metal and of a size not to
3 4 exceed six inches by twelve inches, except that the size of
3 5 plates issued for use on all=terrain vehicles operated under
3 6 section 321.234A, subsection 2, motorized bicycles,
3 7 motorcycles, motorcycle trailers, and trailers with an empty
3 8 weight of two thousand pounds or less shall be established by
3 9 the department.
3 10 Sec. 5. Section 321.166, subsections 3 and 4, Code 2005,
3 11 are amended to read as follows:
3 12 3. The registration plate number shall be displayed in
3 13 characters which shall not exceed a height of four inches nor
3 14 a stroke width exceeding five=eighths of an inch. Special
3 15 plates issued to dealers shall display the alphabetical
3 16 character "D", which shall be of the same size as the
3 17 characters in the registration plate. The registration plate
3 18 number issued for all=terrain vehicles operated under section
3 19 321.234A, subsection 2, motorized bicycles, motorcycles,
3 20 trailers with an empty weight of two thousand pounds or less,
3 21 and motorcycle trailers shall be a size prescribed by the
3 22 department.
3 23 4. The registration plate number, except on all=terrain
3 24 vehicles operated under section 321.234A, subsection 2,
3 25 motorized bicycle bicycles, motorcycle motorcycles, motorcycle
3 26 trailer trailers, and trailers with an empty weight of two
3 27 thousand pounds or less shall be of sufficient size to be
3 28 readable from a distance of one hundred feet during daylight.
3 29 Sec. 6. Section 321.234A, Code 2005, is amended to read as
3 30 follows:
3 31 321.234A ALL=TERRAIN VEHICLES == HIGHWAY USE == OPERATION
3 32 IN CITIES.
3 33 1. All=terrain Except as provided in subsection 2,
3 34 vehicles shall not be operated on a highway unless one or more
3 35 of the following conditions apply:
4 1 a. The operation is between sunrise and sunset and is
4 2 incidental to the vehicle's use for agricultural purposes.
4 3 b. The operation is incidental to the vehicle's use for
4 4 the purpose of surveying by a licensed engineer or land
4 5 surveyor.
4 6 c. The all=terrain vehicle is operated by an employee or
4 7 agent of a political subdivision or public utility for the
4 8 purpose of construction or maintenance on or adjacent to the
4 9 highway.
4 10 d. The all=terrain vehicle is operated by an employee or
4 11 agent of a public agency as defined in section 34.1 for the
4 12 purpose of providing emergency services or rescue.
4 13 2. An all=terrain vehicle may be operated on a highway
4 14 within a city with a population of less than two thousand,
4 15 provided all of the following conditions are met:
4 16 a. The all=terrain vehicle is registered as a motor
4 17 vehicle under chapter 321 and bears the license plates
4 18 required under section 321.166.
4 19 b. The operator of the all=terrain vehicle is at least
4 20 eighteen years of age and possesses a valid driver's license.
4 21 c. The operator of the all=terrain vehicle is covered by
4 22 an owner's policy of liability insurance or other financial
4 23 liability coverage, as defined in section 321.1, in effect for
4 24 the all=terrain vehicle being operated.
4 25 d. The all=terrain vehicle is equipped with rear lamps and
4 26 brake lights as described in sections 321.387 and 321.404, and
4 27 if operating during the times specified in section 321.384,
4 28 with two headlamps as described in section 321.385.
4 29 The motor vehicle laws and penalties applicable to
4 30 operators of motor vehicles pursuant to this chapter apply to
4 31 a person operating, on a public highway, an all=terrain
4 32 vehicle registered as a motor vehicle, to the extent
4 33 practicably applicable. A violation of a provision of this
4 34 subsection not otherwise punishable under this chapter is
4 35 punishable as a scheduled violation as provided in subsection
5 1 5.
5 2 Registration and operation of an all=terrain vehicle under
5 3 this subsection does not constitute an exemption from the
5 4 provisions of chapter 321I.
5 5 2. 3. A person operating an all=terrain vehicle on a
5 6 highway shall have a valid driver's license and the vehicle
5 7 shall be operated at speeds of thirty=five miles per hour or
5 8 less.
5 9 3. 4. An all=terrain vehicle that is owned by the owner
5 10 of land adjacent to a highway, other than an interstate road,
5 11 may be operated by the owner of the all=terrain vehicle, or by
5 12 a member of the owner's family, on the portion of the highway
5 13 right=of=way that is between the shoulder of the roadway, or
5 14 at least five feet from the edge of the roadway, and the
5 15 owner's property line.
5 16 4. 5. A person convicted of a violation of this section
5 17 is guilty of a simple misdemeanor punishable as a scheduled
5 18 violation under section 805.8A, subsection 3, paragraph "f".
5 19 Sec. 7. Section 321I.9, unnumbered paragraph 1, Code 2005,
5 20 is amended to read as follows:
5 21 Registration under this chapter shall not be required for
5 22 the following described all=terrain vehicles:
5 23 EXPLANATION
5 24 This bill modifies the prohibition on operation of all=
5 25 terrain vehicles on public highways by authorizing their
5 26 operation in cities with a population of less than 2,000 under
5 27 certain conditions. The person operating an all=terrain
5 28 vehicle in such a city must be at least 18 years of age and
5 29 licensed as a motor vehicle driver. The operator must be
5 30 covered by liability insurance or other financial liability
5 31 coverage in effect for the vehicle being operated.
5 32 The all=terrain vehicle must be equipped with rear lamps
5 33 and brake lights, and with two headlamps if conditions
5 34 warrant. The vehicle is required to be registered as a motor
5 35 vehicle under Code chapter 321. The all=terrain vehicle must
6 1 display registration plates of a size and design to be
6 2 established by the state department of transportation. The
6 3 annual fee for registration of an all=terrain vehicle as a
6 4 motor vehicle is $20.
6 5 A person operating an all=terrain vehicle registered as a
6 6 motor vehicle on city streets would be subject to the same
6 7 laws and penalties, including scheduled fines, that apply to
6 8 drivers of other motor vehicles, to the extent practicably
6 9 applicable. A violation of a provision of law uniquely
6 10 applicable to an all=terrain vehicle being operated as a motor
6 11 vehicle, not otherwise punishable as a motor vehicle offense,
6 12 would be a simple misdemeanor punishable by a scheduled fine
6 13 of $50.
6 14 Registration of an all=terrain vehicle for the purpose of
6 15 operating it on city streets would not exempt the owner from
6 16 the registration and regulation requirements administered by
6 17 the department of natural resources.
6 18 LSB 2216HH 81
6 19 dea:nh/cf/24