H.F. 2017 Section 1. Section 321.1, subsection 32, unnumbered 1 paragraph 1, Code Supplement 2011, is amended to read as 2 follows: 3 “Implement of husbandry” means a vehicle or special 4 mobile equipment manufactured, designed, or reconstructed 5 for agricultural purposes and, except for incidental uses, 6 exclusively used in the conduct of agricultural operations. 7 “Implements of husbandry” includes all-terrain vehicles 8 operated in compliance with section 321.234A, subsection 9 1 , paragraph “a” 2 , fence-line feeders, and vehicles used 10 exclusively for the application of organic or inorganic plant 11 food materials, organic agricultural limestone, or agricultural 12 chemicals. To be considered an implement of husbandry, a 13 self-propelled implement of husbandry must be operated at 14 speeds of thirty-five miles per hour or less. “Reconstructed” 15 as used in this subsection means materially altered from the 16 original construction by the removal, addition, or substitution 17 of essential parts, new or used. 18 Sec. 2. Section 321.234A, Code 2011, is amended to read as 19 follows: 20 321.234A All-terrain vehicles —— highway use. 21 1. All-terrain vehicles shall not be operated on a highway 22 unless one or more of the following conditions apply: 23 a. The operation is between sunrise and sunset and is 24 incidental to the vehicle’s use for agricultural purposes. For 25 purposes of this paragraph, “incidental to the vehicle’s use 26 for agricultural purposes” includes stopping in the course of 27 agricultural use to obtain fuel for the all-terrain vehicle or 28 to obtain food or a nonalcoholic beverage for the operator. 29 Except as provided in subsection 2, a person shall not operate 30 an all-terrain vehicle on a highway unless one or more of the 31 following conditions apply: 32 a. The operation is between sunrise and sunset. 33 b. The operation is incidental to the vehicle’s use for the 34 purpose of surveying by a licensed engineer or land surveyor. 35 -1- LSB 5177YH (3) 84 dea/nh 1/ 4

H.F. 2017 c. The all-terrain vehicle is operated by an employee or 1 agent of a political subdivision or public utility for the 2 purpose of construction or maintenance on or adjacent to the 3 highway. 4 d. The all-terrain vehicle is operated by an employee or 5 agent of a public agency as defined in section 34.1 for the 6 purpose of providing emergency services or rescue. 7 e. The all-terrain vehicle is operated for the purpose 8 of mowing, installing approved trail signs, or providing 9 maintenance on a snowmobile or all-terrain vehicle trail 10 designated by the department of natural resources. 11 f. The all-terrain vehicle is operated on a county roadway 12 in accordance with section 321I.10, subsection 2 , or a city 13 street in accordance with section 321I.10, subsection 3 . 14 2. An all-terrain vehicle which is an implement of husbandry 15 shall not be operated on a highway unless the operation 16 is between sunrise and sunset and is incidental to the 17 vehicle’s use for agricultural purposes. For purposes of this 18 subsection, “incidental to the vehicle’s use for agricultural 19 purposes” includes stopping in the course of agricultural use to 20 obtain fuel for the all-terrain vehicle or to obtain food or a 21 nonalcoholic beverage for the operator. 22 2. 3. A person operating an all-terrain vehicle on a 23 highway shall have a valid driver’s license , and the vehicle 24 shall be operated at speeds of thirty-five miles per hour or 25 less. 26 4. A person shall not operate an all-terrain vehicle on an 27 interstate highway. 28 3. 5. An all-terrain vehicle that is owned by the owner 29 of land adjacent to a highway, other than an interstate road, 30 may be operated by the owner of the all-terrain vehicle, or by 31 a member of the owner’s family, on the portion of the highway 32 right-of-way that is between the shoulder of the roadway, or at 33 least five feet from the edge of the roadway, and the owner’s 34 property line. A person operating an all-terrain vehicle 35 -2- LSB 5177YH (3) 84 dea/nh 2/ 4

H.F. 2017 within the highway right-of-way under this subsection shall 1 comply with the registration, safety, and age requirements 2 under chapter 321I . 3 4. 6. A person convicted of a violation of this section 4 is guilty of a simple misdemeanor punishable as a scheduled 5 violation under section 805.8A, subsection 3 . 6 Sec. 3. Section 321I.9, subsection 2, Code 2011, is amended 7 to read as follows: 8 2. All-terrain vehicles used only in accordance with 9 section 321.234A, subsection 1 , paragraph “a” or 2 . 10 Sec. 4. Section 321I.10, subsections 2 and 3, Code 2011, are 11 amended by striking the subsections. 12 Sec. 5. Section 331.362, subsection 9, Code 2011, is amended 13 to read as follows: 14 9. A county may regulate traffic on and use of the secondary 15 roads, in accordance with sections 321.236 to 321.250 , 321.254 , 16 321.255 , 321.285, subsection 4 , sections 321.352 , 321.471 to 17 321.473 , and other applicable provisions of chapter 321 , and 18 sections 321G.9 , 321I.10 , and 327G.15 . 19 EXPLANATION 20 This bill provides for the operation of all-terrain vehicles 21 on highways, subject to certain restrictions. 22 Under current law, all-terrain vehicles are registered 23 by the department of natural resources for recreational use 24 on public land or ice. In general, registered all-terrain 25 vehicles may not be used on roadways or within a highway 26 right-of-way, but a city or county has the authority to 27 allow all-terrain vehicles on local roads under specified 28 circumstances. All-terrain vehicles which are used for 29 agricultural purposes are exempt from registration requirements 30 and are permitted on highways between the hours of sunrise 31 and sunset if the operation is incidental to the vehicle’s 32 use for agricultural purposes, including stopping for fuel 33 or for food or a beverage for the operator. In addition, 34 all-terrain vehicles are permitted on a highway when operated 35 -3- LSB 5177YH (3) 84 dea/nh 3/ 4

H.F. 2017 for purposes of land surveying by a licensed engineer or land 1 surveyor; by an employee or agent of a political subdivision 2 or public utility for purposes of construction or maintenance 3 adjacent to the highway; by an employee or agent of a public 4 agency providing emergency rescue or services; and for mowing, 5 installing signs, or providing maintenance on a designated 6 snowmobile trail or all-terrain vehicle riding trail. 7 The bill allows any person with a valid driver’s license 8 to operate an all-terrain vehicle on a noninterstate highway 9 between the hours of sunrise and sunset. The daytime 10 restriction does not apply to highway use which is currently 11 permitted for limited purposes. Current restrictions which 12 apply to all-terrain vehicles used for agricultural purposes 13 and considered implements of husbandry are not changed under 14 the bill. 15 Pursuant to current law, a person who operates an 16 all-terrain vehicle on a highway must have a valid driver’s 17 license, and the vehicle must be operated at speeds of 35 18 miles per hour or less. Because an all-terrain vehicle is 19 principally designed for use off the highway, and because 20 of the 35 mile per hour speed restriction, an all-terrain 21 vehicle is required to display a reflective device visible 22 from the rear when operated on a highway, pursuant to current 23 requirements for slow vehicles. A violation of restrictions on 24 the operation of all-terrain vehicles on a highway is a simple 25 misdemeanor, punishable by a scheduled fine of $50. Failure to 26 display a reflective device is a simple misdemeanor punishable 27 by a scheduled fine of $30. 28 The bill provides that all-terrain vehicles which are used 29 only on highways, and not on public lands, are not subject to 30 registration by the department of natural resources. The bill 31 strikes current provisions authorizing cities and counties to 32 allow operation of all-terrain vehicles on local roads. 33 -4- LSB 5177YH (3) 84 dea/nh 4/ 4