HF 2091 (LSB 5109HH (10) 83)

HOUSE FILE 2091

BY  FREVERT

A BILL FOR

An Act relating to the operation of off-road vehicles on highways, providing a registration fee, and making a penalty applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  47A.  “Off-road vehicle” means any self-propelled vehicle designed to travel on two or more wheels and designed primarily to be operated on land other than a highway. “Off-road vehicle” includes but is not limited to all-terrain vehicles, dune buggies, and any vehicle whose manufacturer’s statement of origin or manufacturer’s certificate of origin states that the vehicle is not for highway use. 
    Sec. 2.  Section 321.117, Code 2009, is amended to read as follows:
   321.117  Motorcycle, off-road vehicle, motorized bicycle, ambulance, and hearse fees.

   For all motorcycles the annual registration fee shall be twenty dollars. For all motorized bicycles the annual registration fee shall be seven dollars. When the motorcycle is more than five model years old, the annual registration fee shall be ten dollars.

   1.  The annual registration fee for a motorcycle is twenty dollars. When the motorcycle is more than five model years old, the fee is ten dollars. For purposes of registration under this section, “motorcycle” includes an off-road vehicle as provided in section 321.234A, subsection 4.
   2.  The annual registration fee for a motorized bicycle is seven dollars.
   3.  The annual registration fee for ambulances and hearses shall be is fifty dollars. Passenger car plates shall be issued for ambulances and hearses.
    Sec. 3.  Section 321.234A, Code 2009, is amended to read as follows:
   321.234A  All-terrain Off-road vehicles —— highway use.
   1.  All-terrain Except as provided in subsection 4, off-road vehicles shall not be operated on a highway unless one or more of the following conditions apply:
   a.  The operation is between sunrise and sunset and is incidental to the vehicle’s use for agricultural purposes.
   b.  The operation is incidental to the vehicle’s use for the purpose of surveying by a licensed engineer or land surveyor.
   c.  The all-terrain off-road vehicle is operated by an employee or agent of a political subdivision or public utility for the purpose of construction or maintenance on or adjacent to the highway.
   d.  The all-terrain off-road vehicle is operated by an employee or agent of a public agency as defined in section 34.1 for the purpose of providing emergency services or rescue.
   e.  The all-terrain off-road vehicle is operated for the purpose of mowing, installing approved trail signs, or providing maintenance on a snowmobile trail or all-terrain vehicle trail designated by the department of natural resources.
   2.  A person operating an all-terrain off-road vehicle on a highway shall have a valid driver’s license and the. Unless registered pursuant to subsection 4, an off-road vehicle shall be operated at speeds of thirty-five miles per hour or less.
   3.  An all-terrain off-road vehicle that is owned by the owner of land adjacent to a highway, other than an interstate road, may be operated by the owner of the all-terrain off-road vehicle, or by a member of the owner’s family, on the portion of the highway right-of-way that is between the shoulder of the roadway, or at least five feet from the edge of the roadway, and the owner’s property line. A person operating an all-terrain off-road vehicle within the highway right-of-way under this subsection shall comply with the registration, safety, and age requirements under chapter 321I.
   4.  a.  An all-terrain vehicle with four or more wheels and a combustion engine having a piston or rotor displacement of two hundred centimeters or more may be issued a certificate of title under this chapter and registered as a motorcycle pursuant to section 321.117 to be operated on highways. An all-terrain vehicle registered as a motorcycle is subject to the lighting and equipment requirements applicable to motorcycles under this chapter.
   b.  A person shall not operate an all-terrain vehicle registered as a motorcycle on an interstate.
   4.  5.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 3, paragraph “f”.
    Sec. 4.  Section 321I.1, subsection 16, paragraph b, Code Supplement 2009, is amended to read as follows:
   b.  An owner of an off-road utility vehicle may register or title an off-road utility vehicle in order to legally operate the off-road vehicle on public ice, a designated riding area, or a designated riding trail. The operator of an off-road utility vehicle is subject to provisions governing the operation of all-terrain off-road vehicles in section 321.234A and this chapter, but is exempt from the safety instruction and certification program requirements of sections 321I.25 and 321I.26. An operator of an off-road utility vehicle shall not operate the vehicle on a designated riding area or designated riding trail unless the department has posted signage indicating the riding area or trail is open to the operation of off-road utility vehicles. Off-road utility vehicles are exempt from the dealer registration and titling requirements of this chapter. A motorized vehicle that was previously titled or is currently titled under chapter 321 shall not be registered or operated as an off-road utility vehicle.
    Sec. 5.  Section 321I.9, unnumbered paragraph 1, Code 2009, is amended to read as follows:
   Registration under this chapter shall not be required for the following described all-terrain vehicles:
    Sec. 6.  Section 321I.9, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  All-terrain vehicles, as defined in section 321.1, which are titled and registered in accordance with section 321.234A, subsection 4.
    Sec. 7.  Section 321I.31, subsection 1, Code 2009, is amended to read as follows:
   1.  The owner of an all-terrain vehicle acquired on or after January 1, 2000, other than an all-terrain vehicle used exclusively as a farm implement or, an all-terrain vehicle titled and registered in accordance with section 321.234A, subsection 4, or a motorcycle previously issued a title pursuant to chapter 321, shall apply to the county recorder of the county in which the owner resides for a certificate of title for the all-terrain vehicle. The owner of an all-terrain vehicle used exclusively as a farm implement may obtain a certificate of title. A person who owns an all-terrain vehicle that is not required to have a certificate of title may apply for and receive a certificate of title for the all-terrain vehicle and, subsequently, the all-terrain vehicle shall be subject to the requirements of this chapter as if the all-terrain vehicle were required to be titled. All all-terrain vehicles that are titled shall be registered.
EXPLANATION
   This bill addresses a broad category of vehicles referred to as “off-road” vehicles and provides for the operation of certain off-road vehicles on noninterstate highways.
   The bill defines “off-road vehicle” to mean any self-propelled vehicle designed to travel on two or more wheels and designed primarily to be operated on land other than a highway. The definition includes all-terrain vehicles, dune buggies, and any vehicle whose manufacturer’s statement of origin or manufacturer’s certificate of origin states that the vehicle is not for highway use.
   Current Code provisions restricting the operation of all-terrain vehicles on highways are revised to apply to all vehicles meeting the definition of “off-road vehicle”. An off-road vehicle may be operated on a highway at speeds of less than 35 miles per hour by a person with a valid driver’s license as follows: between the hours of sunrise and sunset when the operation is for agricultural purposes; by a licensed engineer or land surveyor for the purpose of land surveying; by an employee or agent of a political subdivision for the purpose of construction or maintenance on or adjacent to a highway; by an employee or agent of a public agency for the purpose of providing emergency services or rescue; or for the purpose of mowing, installing approved trail signs, or providing maintenance on a snowmobile trail or all-terrain vehicle trail designated by the department of natural resources. In addition, the owner of an off-road vehicle who owns land adjacent to a noninterstate highway may operate the off-road vehicle on the right-of-way between the shoulder and the owner’s property line. The operating privilege extends to the property owner’s family members and is conditioned upon compliance with the registration, safety, and age requirements applicable for the operation of all-terrain vehicles on public lands.
   Under the bill, an off-road vehicle classified as an all-terrain vehicle that has four or more wheels and a combustion engine having a piston or rotor displacement of two hundred centimeters or more may be issued a certificate of title by the county treasurer and registered as a motorcycle for operation on highways, subject to the lighting and equipment requirements applicable to motorcycles. The annual registration fee is $20, and when the vehicle is more than five model years old, the fee is reduced to $10. Pursuant to current law, a vehicle subject to registration is also subject to a fee for new registration in the amount of five percent of the purchase price, payable upon application for a new registration and certificate of title. A person operating any off-road vehicle on a highway is required to have a valid driver’s license. The bill specifies that an all-terrain vehicle registered as a motorcycle is not subject to the 35-mile-per-hour speed limitation, but operation is restricted to noninterstate highways. 
   The bill makes conforming amendments to provide that an all-terrain vehicle that is titled and registered as a motorcycle for operation on highways under Code chapter 321 is exempt from the registration requirements for all-terrain vehicles and off-road utility vehicles administered by the department of natural resources under Code chapter 321I.
   A violation of provisions governing the operation of off-road vehicles on a highway is a simple misdemeanor, punishable by a scheduled fine of $50.