House Study Bill 617 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON QUIRK) A BILL FOR An Act relating to the operation of off-road utility vehicles 1 on highways and making a penalty applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5800YC (2) 83 dea/nh

H.F. _____ 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 321I.10, subsections 1, 2, and 3, Code 10 Supplement 2009, are amended to read as follows: 11 1. A person shall not operate an all-terrain vehicle or 12 off-road utility vehicle upon roadways or highways except as 13 provided in section 321.234A and this section. 14 2. A registered all-terrain vehicle or off-road utility 15 vehicle may be operated on the roadways of that portion of 16 county highways designated by the county board of supervisors 17 for such use during a specified period. The county board of 18 supervisors shall evaluate the traffic conditions on all county 19 highways and designate roadways on which all-terrain vehicles 20 and off-road utility vehicles may be operated for the specified 21 period without unduly interfering with or constituting an undue 22 hazard to conventional motor vehicle traffic. In designating 23 such roadways, the board may authorize all-terrain vehicles 24 and off-road utility vehicles to stop at service stations or 25 convenience stores along a designated roadway. 26 3. Cities may designate streets under the jurisdiction 27 of cities within their respective corporate limits which may 28 be used for the sport of driving all-terrain vehicles or for 29 the operation of off-road utility vehicles . In designating 30 such streets, the city may authorize all-terrain vehicles 31 and off-road utility vehicles to stop at service stations or 32 convenience stores along a designated street. 33 Sec. 3. Section 322D.1, subsection 1, Code 2009, is amended 34 to read as follows: 35 -1- LSB 5800YC (2) 83 dea/nh 1/ 3

H.F. _____ 1. “All-terrain vehicle” means the same as defined in 1 section 321I.1 a motor vehicle designed to travel on three or 2 more wheels and designed primarily for off-road recreational 3 use but not including farm tractors or equipment, construction 4 equipment, forestry vehicles, or lawn and grounds maintenance 5 vehicles . 6 EXPLANATION 7 This bill amends the definition of “all-terrain vehicle” 8 in Code chapter 321 to include off-road utility vehicles. 9 This change allows off-road utility vehicles to be operated 10 on highways by a licensed driver at speeds of 35 miles per 11 hour or less under the following conditions as provided 12 for all-terrain vehicles: between sunrise and sunset for 13 agricultural purposes; by a licensed engineer or land surveyor 14 for the purpose of land surveying; by an employee or agent 15 of a political subdivision for the purpose of construction; 16 by an employee or agent of a public agency for the purpose 17 of providing emergency services or rescue; or for mowing, 18 installing trail signs, or providing maintenance on designated 19 snowmobile and all-terrain vehicle trails. Under current 20 law, “off-road utility vehicle” is defined as a motorized 21 flotation-tire vehicle with not less than four and not more 22 than eight low-pressure tires that is limited in engine 23 displacement to less than 1,500 cubic centimeters and in total 24 dry weight to not more than 1,800 pounds and that has a seat 25 that is of bucket or bench design, not intended to be straddled 26 by the operator, and a steering wheel or control levers for 27 control. 28 Under existing law, a county board of supervisors may 29 designate certain roadways for use by all-terrain vehicles 30 during a specified period. In addition, cities may designate 31 streets within their corporate limits which may be used by 32 all-terrain vehicles. The bill allows counties and cities to 33 include off-road utility vehicles in such designations and 34 to allow all-terrain vehicles and off-road utility vehicles 35 -2- LSB 5800YC (2) 83 dea/nh 2/ 3

H.F. _____ to stop at service stations and convenience stores along a 1 designated roadway or street. 2 Under existing law, the penalty for unlawful operation of 3 an all-terrain vehicle on a highway is a simple misdemeanor 4 punishable by a scheduled fine of $50. That same penalty 5 applies to a similar violation by the operator of an off-road 6 utility vehicle under the bill. 7 Because the definition of “all-terrain vehicle” in Code 8 chapter 321 is referred to in Code chapter 322D, the bill makes 9 a conforming amendment to Code section 322D.1 to preserve the 10 current definition of “all-terrain vehicle” applicable for 11 provisions relating to vehicle franchises. 12 -3- LSB 5800YC (2) 83 dea/nh 3/ 3