H.F. 2468 Section 1. Section 321.1, subsection 4, Code Supplement 1 2009, is amended to read as follows: 2 4. “All-terrain vehicle” means a motor vehicle designed 3 to travel on three or more wheels and designed primarily for 4 off-road recreational use but not including . “All-terrain 5 vehicle” includes off-road utility vehicles as defined 6 in section 321I.1, but does not include farm tractors or 7 equipment, construction equipment, forestry vehicles, or lawn 8 and grounds maintenance vehicles. 9 Sec. 2. Section 321.234A, subsection 1, Code 2009, is 10 amended by adding the following new paragraph: 11 NEW PARAGRAPH . f. The all-terrain vehicle is operated on a 12 county roadway in accordance with section 321I.10, subsection 13 2, or a city street in accordance with section 321I.10, 14 subsection 3. 15 Sec. 3. Section 321I.10, subsections 1, 2, and 3, Code 16 Supplement 2009, are amended to read as follows: 17 1. A person shall not operate an all-terrain vehicle or 18 off-road utility vehicle upon roadways or highways except as 19 provided in section 321.234A and this section. 20 2. A registered all-terrain vehicle or off-road utility 21 vehicle may be operated on the roadways of that portion of 22 county highways designated by the county board of supervisors 23 for such use during a specified period. The county board of 24 supervisors shall evaluate the traffic conditions on all county 25 highways and designate roadways on which all-terrain vehicles 26 or off-road utility vehicles may be operated for the specified 27 period without unduly interfering with or constituting an undue 28 hazard to conventional motor vehicle traffic. In designating 29 such roadways, the board may authorize all-terrain vehicles 30 and off-road utility vehicles to stop at service stations 31 or convenience stores along a designated roadway. Counties 32 authorizing the use of roadways by all-terrain vehicles or 33 off-road utility vehicles shall be exempt from liability for 34 such use causing injury or damage to persons or property. 35 -1- LSB 5800HV (3) 83 dea/nh 1/ 4

H.F. 2468 3. Cities may designate streets under the jurisdiction 1 of cities within their respective corporate limits 2 which may be used for the sport of driving operation of 3 registered all-terrain vehicles or registered off-road utility 4 vehicles . In designating such streets, the city may authorize 5 all-terrain vehicles and off-road utility vehicles to stop 6 at service stations or convenience stores along a designated 7 street. Cities authorizing the use of streets by all-terrain 8 vehicles or off-road utility vehicles shall be exempt from 9 liability for such use causing injury or damage to persons or 10 property. 11 Sec. 4. Section 322D.1, subsection 1, Code 2009, is amended 12 to read as follows: 13 1. “All-terrain vehicle” means the same as defined in 14 section 321I.1 a motor vehicle designed to travel on three or 15 more wheels and designed primarily for off-road recreational 16 use but not including farm tractors or equipment, construction 17 equipment, forestry vehicles, or lawn and grounds maintenance 18 vehicles . 19 EXPLANATION 20 This bill addresses the use of all-terrain vehicles and 21 off-road utility vehicles on highways. 22 Under current law, for purposes of Code chapter 321, 23 “all-terrain vehicle” is defined as a motor vehicle designed 24 to travel on three or more wheels and designed primarily for 25 off-road recreational use but not including farm tractors 26 or equipment, construction equipment, forestry vehicles, or 27 lawn and grounds maintenance vehicles. The bill amends that 28 definition to include “off-road utility vehicles”, which are 29 regulated by the department of natural resources under Code 30 chapter 321I. Off-road utility vehicles have at least four and 31 not more than eight wheels, are limited in engine displacement 32 to less than 1,500 cubic centimeters and in total dry weight to 33 not more than 1,800 pounds, and have a bucket or bench seat. 34 This change allows off-road utility vehicles to be operated 35 -2- LSB 5800HV (3) 83 dea/nh 2/ 4

H.F. 2468 on highways pursuant to Code section 321.234A at speeds of 1 35 miles per hour or less under the following conditions 2 as provided for all-terrain vehicles: between sunrise and 3 sunset for agricultural purposes; by a licensed engineer 4 or land surveyor for the purpose of land surveying; by an 5 employee or agent of a political subdivision for the purpose of 6 construction; by an employee or agent of a public agency for 7 the purpose of providing emergency services or rescue; or for 8 mowing, installing trail signs, or providing maintenance on 9 designated snowmobile and all-terrain vehicle trails. 10 Currently, pursuant to Code section 321I.10, a county 11 board of supervisors may designate certain roadways for use 12 by all-terrain vehicles during a specified period, and a city 13 may designate streets within the city’s corporate limits which 14 may be used for the sport of driving all-terrain vehicles. 15 The bill strikes the reference to “sport” to authorize a city 16 to allow the use of all-terrain vehicles on city streets for 17 nonsporting purposes. Because “all-terrain vehicle” and 18 “off-road utility vehicle” are defined differently under Code 19 chapter 321I, the designation of a roadway or street for use 20 by all-terrain vehicles does not currently apply to off-road 21 vehicles. The bill changes that, by authorizing counties and 22 cities to make such designations for the use of roadways or 23 streets by all-terrain vehicles or off-road utility vehicles. 24 In addition, a county or city may allow all-terrain vehicles 25 to stop at service stations and convenience stores along a 26 designated roadway or street. The bill states that a county 27 or city that authorizes the use of roadways or streets by 28 all-terrain vehicles or off-road utility vehicles is exempt 29 from liability for such use causing injury or damage to person 30 or property. 31 A person operating an all-terrain vehicle or off-road 32 utility vehicle on a highway is required to have a valid 33 driver’s license, whether operating under the provisions of 34 Code section 321.234A or as authorized by a county or city 35 -3- LSB 5800HV (3) 83 dea/nh 3/ 4

H.F. 2468 pursuant to Code section 321I.10. 1 Under existing law, the penalty for unlawful operation of 2 an all-terrain vehicle on a highway is a simple misdemeanor 3 punishable by a scheduled fine of $50. That same penalty 4 applies to a similar violation by the operator of an off-road 5 utility vehicle under the bill. 6 Because the definition of “all-terrain vehicle” in Code 7 chapter 321 is referred to in Code chapter 322D, the bill makes 8 a conforming amendment to Code section 322D.1 to preserve the 9 current definition of “all-terrain vehicle” applicable for 10 provisions relating to vehicle franchises. 11 -4- LSB 5800HV (3) 83 dea/nh 4/ 4