House File 121HOUSE FILE BY CHAMBERS, MERTZ, HUSEMAN, and ALONS 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 1478YH 82 6 dea/cf/24 PAG LIN 1 1 Section 1. Section 321.20B, subsection 6, Code 2007, is 1 2 amended to read as follows: 1 3 6. This section does not apply to a snowmobile or 1 4 all=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, paragraph a, Code 1 9 2007, is amended to read as follows: 1 10 a. The annual fee for all motor vehicles including 1 11 vehicles designated by manufacturers as station wagons, and 1 12 1993 and subsequent model years for multipurpose vehicles, 1 13 except motor trucks, motor homes, ambulances, hearses, 1 14 motorcycles, motorized bicycles, all=terrain vehicles, and 1 15 1992 and older model years for multipurpose vehicles, shall be 1 16 equal to one percent of the value as fixed by the department 1 17 plus forty cents for each one hundred pounds or fraction 1 18 thereof of weight of vehicle, as fixed by the department. The 1 19 weight of a motor vehicle, fixed by the department for 1 20 registration purposes, shall include the weight of a battery, 1 21 heater, bumpers, spare tire, and wheel. Provided, however, 1 22 that for any new vehicle purchased in this state by a 1 23 nonresident for removal to the nonresident's state of 1 24 residence the purchaser may make application to the county 1 25 treasurer in the county of purchase for a transit plate for 1 26 which a fee of ten dollars shall be paid. And provided, 1 27 however, that for any used vehicle held by a registered dealer 1 28 and not currently registered in this state, or for any vehicle 1 29 held by an individual and currently registered in this state, 1 30 when purchased in this state by a nonresident for removal to 1 31 the nonresident's state of residence, the purchaser may make 1 32 application to the county treasurer in the county of purchase 1 33 for a transit plate for which a fee of three dollars shall be 1 34 paid. The county treasurer shall issue a nontransferable 1 35 certificate of registration for which no refund shall be 2 1 allowed; and the transit plates shall be void thirty days 2 2 after issuance. Such purchaser may apply for a certificate of 2 3 title by surrendering the manufacturer's or importer's 2 4 certificate or certificate of title, duly assigned as provided 2 5 in this chapter. In this event, the treasurer in the county 2 6 of purchase shall, when satisfied with the genuineness and 2 7 regularity of the application, and upon payment of a fee of 2 8 ten dollars, issue a certificate of title in the name and 2 9 address of the nonresident purchaser delivering the title to 2 10 the owner. If there is a security interest noted on the 2 11 title, the county treasurer shall mail to the secured party an 2 12 acknowledgment of the notation of the security interest. The 2 13 county treasurer shall not release a security interest that 2 14 has been noted on a title issued to a nonresident purchaser as 2 15 provided in this paragraph. The application requirements of 2 16 section 321.20 apply to a title issued as provided in this 2 17 subsection, except that a natural person who applies for a 2 18 certificate of title shall provide either the person's social 2 19 security number, passport number, or driver's license number, 2 20 whether the license was issued by this state, another state, 2 21 or another country. The provisions of this subsection 2 22 relating to multipurpose vehicles are effective January 1, 2 23 1993, for all 1993 and subsequent model years. The annual 2 24 registration fee for multipurpose vehicles that are 1992 model 2 25 years and older shall be in accordance with section 321.124. 2 26 Sec. 3. Section 321.117, Code 2007, is amended to read as 2 27 follows: 2 28 321.117 MOTORCYCLE, ALL=TERRAIN VEHICLE, AMBULANCE, AND 2 29 HEARSE FEES. 2 30 For all motorcycles the annual registration fee shall beis 2 31 twenty dollars. For all motorized bicycles the annual 2 32 registration feeshall beis seven dollars. Whenthea 2 33 motorcycle is more than five model years old, the annual 2 34 registration feeshall beis ten dollars. The annual 2 35 registration fee for all=terrain vehicles operated under 3 1 section 321.234A, subsection 2, is twenty dollars. The annual 3 2 registration fee for ambulances and hearsesshall beis fifty 3 3 dollars. Passenger car plates shall be issued for ambulances 3 4 and hearses. 3 5 Sec. 4. Section 321.166, subsection 1, unnumbered 3 6 paragraph 1, Code 2007, is amended to read as follows: 3 7 Registration plates shall be of metal and of a size not to 3 8 exceed six inches by twelve inches, except that the size of 3 9 plates issued for use on all=terrain vehicles operated under 3 10 section 321.234A, subsection 2, motorized bicycles, 3 11 motorcycles, motorcycle trailers, and trailers with an empty 3 12 weight of two thousand pounds or less shall be established by 3 13 the department. 3 14 Sec. 5. Section 321.166, subsections 3 and 4, Code 2007, 3 15 are amended to read as follows: 3 16 3. The registration plate number shall be displayed in 3 17 characters which shall not exceed a height of four inches nor 3 18 a stroke width exceeding five=eighths of an inch. Special 3 19 plates issued to dealers shall display the alphabetical 3 20 character "D", which shall be of the same size as the 3 21 characters in the registration plate. The registration plate 3 22 number issued for all=terrain vehicles operated under section 3 23 321.234A, subsection 2, motorized bicycles, motorcycles, 3 24 trailers with an empty weight of two thousand pounds or less, 3 25 and motorcycle trailers shall be a size prescribed by the 3 26 department. 3 27 4. The registration plate number, except on all=terrain 3 28 vehicles operated under section 321.234A, subsection 2, 3 29 motorizedbicyclebicycles,motorcyclemotorcycles, motorcycle 3 30trailertrailers, and trailers with an empty weight of two 3 31 thousand pounds or less shall be of sufficient size to be 3 32 readable from a distance of one hundred feet during daylight. 3 33 Sec. 6. Section 321.234A, Code 2007, is amended to read as 3 34 follows: 3 35 321.234A ALL=TERRAIN VEHICLES == HIGHWAY USE == OPERATION 4 1 IN CITIES. 4 2 1.All=terrain vehiclesExcept as provided in subsection 4 3 2, an all=terrain vehicle shall not be operated on a highway 4 4 unless one or more of the following conditions apply: 4 5 a. The operation is between sunrise and sunset and is 4 6 incidental to the vehicle's use for agricultural purposes. 4 7 b. The operation is incidental to the vehicle's use for 4 8 the purpose of surveying by a licensed engineer or land 4 9 surveyor. 4 10 c. The all=terrain vehicle is operated by an employee or 4 11 agent of a political subdivision or public utility for the 4 12 purpose of construction or maintenance on or adjacent to the 4 13 highway. 4 14 d. The all=terrain vehicle is operated by an employee or 4 15 agent of a public agency as defined in section 34.1 for the 4 16 purpose of providing emergency services or rescue. 4 17 e. The all=terrain vehicle is operated for the purpose of 4 18 mowing, installing approved trail signs, or providing 4 19 maintenance on a snowmobile trail or all=terrain vehicle trail 4 20 designated by the department of natural resources. 4 21 2. a. An all=terrain vehicle may be operated on a highway 4 22 within a city with a population of six thousand or less that 4 23 has authorized such operation pursuant to section 321.246, 4 24 provided all of the following conditions are met: 4 25 (1) The all=terrain vehicle is registered as a motor 4 26 vehicle under chapter 321 and bears the license plates 4 27 required under section 321.166. 4 28 (2) The operator of the all=terrain vehicle is at least 4 29 eighteen years of age and possesses a valid driver's license. 4 30 (3) The operator of the all=terrain vehicle is covered by 4 31 an owner's policy of liability insurance or other financial 4 32 liability coverage, as defined in section 321.1, in effect for 4 33 the all=terrain vehicle being operated. 4 34 (4) The all=terrain vehicle is equipped with rear lamps 4 35 and brake lights as described in sections 321.387 and 321.404, 5 1 and if operating during the times specified in section 5 2 321.384, with two headlamps as described in section 321.385. 5 3 b. The motor vehicle laws and penalties applicable to 5 4 operators of motor vehicles pursuant to this chapter apply to 5 5 a person operating, on a public highway, an all=terrain 5 6 vehicle registered as a motor vehicle, to the extent 5 7 practicably applicable. A violation of a provision of this 5 8 subsection not otherwise punishable under this chapter is 5 9 punishable as a scheduled violation as provided in subsection 5 10 5. 5 11 c. Registration and operation of an all=terrain vehicle 5 12 under this subsection does not constitute an exemption from 5 13 the provisions of chapter 321I. 5 142.3. A person operating an all=terrain vehicle on a 5 15 highway shall have a valid driver's license and the vehicle 5 16 shall be operated at speeds of thirty=five miles per hour or 5 17 less. 5 183.4. An all=terrain vehicle that is owned by the owner 5 19 of land adjacent to a highway, other than an interstate road, 5 20 may be operated by the owner of the all=terrain vehicle, or by 5 21 a member of the owner's family, on the portion of the highway 5 22 right=of=way that is between the shoulder of the roadway, or 5 23 at least five feet from the edge of the roadway, and the 5 24 owner's property line. 5 254.5. A person convicted of a violation of this section 5 26 is guilty of a simple misdemeanor punishable as a scheduled 5 27 violation under section 805.8A, subsection 3, paragraph "f". 5 28 Sec. 7. NEW SECTION. 321.246 ALL=TERRAIN VEHICLE 5 29 OPERATION IN CITIES. 5 30 A city with a population of six thousand or less may 5 31 authorize and regulate the operation of all=terrain vehicles 5 32 on streets and highways within the corporate limits of the 5 33 city, subject to the provisions of section 321.234A, 5 34 subsection 2. 5 35 Sec. 8. Section 321I.9, unnumbered paragraph 1, Code 2007, 6 1 is amended to read as follows: 6 2 Registration under this chapter shall not be required for 6 3 the following described all=terrain vehicles: 6 4 EXPLANATION 6 5 This bill modifies the prohibition on operation of all= 6 6 terrain vehicles on public highways by allowing a city with a 6 7 population of 6,000 or less to authorize and regulate the 6 8 operation of all=terrain vehicles within its corporate limits. 6 9 The person operating an all=terrain vehicle in such a city 6 10 must be at least 18 years of age and licensed as a motor 6 11 vehicle driver. The operator must be covered by liability 6 12 insurance or other financial liability coverage in effect for 6 13 the vehicle being operated. 6 14 The all=terrain vehicle must be equipped with rear lamps 6 15 and brake lights, and with two headlamps if conditions 6 16 warrant. The vehicle is required to be registered as a motor 6 17 vehicle under Code chapter 321. The all=terrain vehicle must 6 18 display registration plates of a size and design to be 6 19 established by the state department of transportation. The 6 20 annual fee for registration of an all=terrain vehicle as a 6 21 motor vehicle is $20. 6 22 A person operating an all=terrain vehicle registered as a 6 23 motor vehicle on city streets would be subject to the same 6 24 laws and penalties, including scheduled fines, that apply to 6 25 drivers of other motor vehicles, to the extent practicably 6 26 applicable. A violation of a provision of law uniquely 6 27 applicable to an all=terrain vehicle being operated as a motor 6 28 vehicle, not otherwise punishable as a motor vehicle offense, 6 29 would be a simple misdemeanor punishable by a scheduled fine 6 30 of $50. 6 31 Registration of an all=terrain vehicle for the purpose of 6 32 operating it on city streets would not exempt the owner from 6 33 the registration and regulation requirements administered by 6 34 the department of natural resources. 6 35 LSB 1478YH 82 7 1 dea:nh/cf/24.1