House File 2090 - Introduced HOUSE FILE 2090 BY ALONS , CHAMBERS , SHAW , KOESTER , J. SMITH , DEYOE , IVERSON , and HUSEMAN A BILL FOR An Act relating to the operation of all-terrain vehicles 1 and minitrucks on highways, providing for registration 2 of certain all-terrain vehicles and minitrucks by the 3 department of transportation, providing fees, and making 4 penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5096YH (9) 84 dea/nh

H.F. 2090 Section 1. Section 321.1, subsections 4 and 32, Code 1 Supplement 2011, are 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. “All-terrain vehicle” includes 5 off-road utility vehicles as defined in section 321I.1 , but 6 does not include farm tractors or equipment, construction 7 equipment, forestry vehicles, or lawn and grounds maintenance 8 vehicles. 9 32. “Implement of husbandry” means a vehicle or special 10 mobile equipment manufactured, designed, or reconstructed 11 for agricultural purposes and, except for incidental uses, 12 exclusively used in the conduct of agricultural operations. 13 “Implements of husbandry” includes all-terrain vehicles operated 14 in compliance with section 321.234A, subsection 1 , paragraph 15 “a” , but not registered for operation upon a highway pursuant 16 to section 321.118; fence-line feeders , ; and vehicles used 17 exclusively for the application of organic or inorganic plant 18 food materials, organic agricultural limestone, or agricultural 19 chemicals. To be considered an implement of husbandry, a 20 self-propelled implement of husbandry must be operated at 21 speeds of thirty-five miles per hour or less. 22 a. “Reconstructed” , as used in this subsection , means 23 materially altered from the original construction by the 24 removal, addition, or substitution of essential parts, new or 25 used. 26 b. A vehicle covered under this subsection , if it otherwise 27 qualifies, may be operated as special mobile equipment 28 and under such circumstances this subsection shall not be 29 applicable to such vehicle, and such vehicle shall not be 30 required to comply with sections 321.384 through 321.423 , when 31 such vehicle is moved during daylight hours; however, the 32 provisions of section 321.383 shall remain applicable to such 33 vehicle. 34 Sec. 2. Section 321.1, Code Supplement 2011, is amended by 35 -1- LSB 5096YH (9) 84 dea/nh 1/ 9

H.F. 2090 adding the following new subsections: 1 NEW SUBSECTION . 39. “Minitruck” means a motorized 2 four-wheeled vehicle that is propelled by an internal 3 combustion engine with a piston displacement capacity of one 4 thousand five hundred sixty cubic centimeters or less or an 5 electric motor with a rated power no greater than a ninety-two 6 volt system or a five hundred fifty ampere system; has a total 7 dry weight of not less than nine hundred and not more than 8 three thousand two hundred pounds; contains an enclosed cabin 9 and a seat for the vehicle operator; commonly resembles a 10 pickup truck or van, including a cargo area or bed located at 11 the rear of the vehicle; and was not originally manufactured 12 to meet federal motor vehicle safety standards required of 13 motor vehicles in 49 C.F.R. § 571.101 – 571.404, and successor 14 requirements. 15 NEW SUBSECTION . 47A. “Off-road utility vehicle” means as 16 defined in section 321I.1, subsection 16, paragraph “a” . 17 Sec. 3. Section 321.20, subsection 1, paragraph e, Code 18 2011, is amended to read as follows: 19 e. The amount of the fee for new registration to be paid 20 under section 321.105A , the amount of tax to be paid under 21 section 423.26, subsection 1, or the amount of tax to be paid 22 under section 423.26A , or the amount of sales tax paid under 23 section 423.2 . 24 Sec. 4. Section 321.105A, subsection 2, paragraph c, 25 Code Supplement 2011, is amended by adding the following new 26 subparagraph: 27 NEW SUBPARAGRAPH . (31) All-terrain vehicles and 28 minitrucks, if the owner has paid the sales tax required under 29 section 423.2 at the time the vehicle was purchased. 30 Sec. 5. NEW SECTION . 321.118 All-terrain vehicle and 31 minitruck fees. 32 1. The following vehicles may be titled and registered for 33 operation on noninterstate highways for an annual fee of forty 34 dollars: 35 -2- LSB 5096YH (9) 84 dea/nh 2/ 9

H.F. 2090 a. An all-terrain vehicle equipped with headlights, 1 taillights, turn signals, and a rearview mirror. 2 b. A minitruck equipped with headlights, taillights, turn 3 signals, a rearview mirror, safety belts, and windshield 4 wipers. 5 2. For purposes of this section, “all-terrain vehicle” 6 means an all-terrain vehicle with four or more wheels and a 7 combustion engine having a piston or rotor displacement of two 8 hundred centimeters or more. 9 Sec. 6. Section 321.166, subsection 1, paragraph a, Code 10 2011, is amended to read as follows: 11 a. Registration plates shall be of metal and of a size not 12 to exceed six inches by twelve inches, except that the size 13 of plates issued for use on all-terrain vehicles, minitrucks, 14 motorized bicycles, motorcycles, motorcycle trailers, and 15 trailers with an empty weight of two thousand pounds or less 16 shall be established by the department. 17 Sec. 7. Section 321.166, subsection 4, Code 2011, is amended 18 to read as follows: 19 4. The registration plate number, except on all-terrain 20 vehicles, minitrucks, motorized bicycles, motorcycles, 21 motorcycle trailers, and trailers with an empty weight of two 22 thousand pounds or less, shall be of sufficient size to be 23 readable from a distance of one hundred feet during daylight. 24 Sec. 8. Section 321.234A, Code 2011, is amended to read as 25 follows: 26 321.234A All-terrain vehicles and minitrucks —— highway use. 27 1. All-terrain vehicles and minitrucks shall not be 28 operated on a highway unless one or more of the following 29 conditions apply: 30 a. The operation is between sunrise and sunset and is 31 incidental to the vehicle’s use for agricultural purposes. For 32 purposes of this paragraph, “incidental to the vehicle’s use 33 for agricultural purposes” includes stopping in the course of 34 agricultural use to obtain fuel for the all-terrain vehicle or 35 -3- LSB 5096YH (9) 84 dea/nh 3/ 9

H.F. 2090 minitruck or to obtain food or a nonalcoholic beverage for the 1 operator. 2 b. The operation is incidental to the vehicle’s use for the 3 purpose of surveying by a licensed engineer or land surveyor. 4 c. The all-terrain vehicle is operated by an employee or 5 agent of a political subdivision or public utility for the 6 purpose of construction or maintenance on or adjacent to the 7 highway. 8 d. The all-terrain vehicle is operated by an employee or 9 agent of a public agency as defined in section 34.1 for the 10 purpose of providing emergency services or rescue. 11 e. The all-terrain vehicle is operated for the purpose 12 of mowing, installing approved trail signs, or providing 13 maintenance on a snowmobile or all-terrain vehicle trail 14 designated by the department of natural resources. 15 f. The all-terrain vehicle is operated on a county roadway 16 in accordance with section 321I.10, subsection 2 , or a city 17 street in accordance with section 321I.10, subsection 3 . 18 g. The vehicle is registered in accordance with section 19 321.118. 20 2. A person operating an all-terrain vehicle or minitruck on 21 a highway shall have a valid driver’s license and the vehicle 22 shall be operated at speeds of thirty-five miles per hour or 23 less . 24 3. An all-terrain vehicle that is owned by the owner of 25 land adjacent to a highway, other than an interstate road, may 26 be operated by the owner of the all-terrain vehicle, or by a 27 member of the owner’s family, on the portion of the highway 28 right-of-way that is between the shoulder of the roadway, or at 29 least five feet from the edge of the roadway, and the owner’s 30 property line. A person operating an all-terrain vehicle 31 within the highway right-of-way under this subsection shall 32 comply with the registration, safety, and age requirements 33 under chapter 321I . 34 4. A person convicted of a violation of this section is 35 -4- LSB 5096YH (9) 84 dea/nh 4/ 9

H.F. 2090 guilty of a simple misdemeanor punishable as a scheduled 1 violation under section 805.8A, subsection 3 . 2 Sec. 9. Section 321.445, subsection 1, Code 2011, is amended 3 to read as follows: 4 1. Except for motorcycles , or motorized bicycles, and 5 all-terrain vehicles, 1966 model year or newer motor vehicles 6 subject to registration in Iowa shall be equipped with safety 7 belts and safety harnesses which conform with federal motor 8 vehicle safety standard numbers 209 and 210 as published in 9 49 C.F.R. § 571.209 – 571.210 and with prior federal motor 10 vehicle safety standards for seat belt assemblies and seat belt 11 assembly anchorages applicable for the motor vehicle’s model 12 year. 13 Sec. 10. Section 321.445, subsection 2, paragraph a, Code 14 2011, is amended to read as follows: 15 a. The driver and front seat occupants of a type of motor 16 vehicle that is subject to registration in Iowa, except a 17 motorcycle , or a motorized bicycle, or all-terrain vehicle, 18 shall each wear a properly adjusted and fastened safety belt 19 or safety harness any time the vehicle is in forward motion on 20 a street or highway in this state except that a child under 21 eighteen years of age shall be secured as required under 22 section 321.446 . 23 Sec. 11. Section 321.446, subsections 1 and 2, Code 2011, 24 are amended to read as follows: 25 1. a. A child under one year of age and weighing less 26 than twenty pounds who is being transported in a motor vehicle 27 subject to registration, except a school bus , or motorcycle , 28 or all-terrain vehicle , shall be secured during transit in a 29 rear-facing child restraint system that is used in accordance 30 with the manufacturer’s instructions. 31 b. A child under six years of age who does not meet the 32 description in paragraph “a” and who is being transported in 33 a motor vehicle subject to registration, except a school bus , 34 or motorcycle , or all-terrain vehicle , shall be secured during 35 -5- LSB 5096YH (9) 84 dea/nh 5/ 9

H.F. 2090 transit by a child restraint system that is used in accordance 1 with the manufacturer’s instructions. 2 2. A child at least six years of age but under eighteen 3 years of age who is being transported in a motor vehicle 4 subject to registration, except a school bus , or motorcycle , 5 or all-terrain vehicle , shall be secured during transit by a 6 child restraint system that is used in accordance with the 7 manufacturer’s instructions or by a safety belt or safety 8 harness of a type approved under section 321.445 . 9 Sec. 12. Section 321I.1, subsection 16, paragraph b, Code 10 2011, is amended to read as follows: 11 b. An owner of an off-road utility vehicle may register 12 or title an off-road utility vehicle in order to legally 13 operate the off-road vehicle on public ice, a designated 14 riding area, or a designated riding trail. The operator of an 15 off-road utility vehicle is subject to provisions governing 16 the operation of all-terrain vehicles in section 321.234A and 17 this chapter , but is exempt from the safety instruction and 18 certification program requirements of sections 321I.25 and 19 321I.26 . An operator of an off-road utility vehicle shall not 20 operate the vehicle on a designated riding area or designated 21 riding trail unless the department has posted signage 22 indicating the riding area or trail is open to the operation 23 of off-road utility vehicles. Off-road utility vehicles are 24 exempt from the dealer registration and titling requirements 25 of this chapter . A motorized vehicle that was previously 26 titled or is currently titled under chapter 321 , except section 27 321.118, shall not be registered or operated as an off-road 28 utility vehicle under this chapter . 29 Sec. 13. Section 321I.9, unnumbered paragraph 1, Code 2011, 30 is amended to read as follows: 31 Registration under this chapter shall not be required for 32 the following described all-terrain vehicles: 33 Sec. 14. Section 321I.31, subsection 1, Code 2011, is 34 amended to read as follows: 35 -6- LSB 5096YH (9) 84 dea/nh 6/ 9

H.F. 2090 1. The owner of an all-terrain vehicle acquired on or 1 after January 1, 2000, other than an all-terrain vehicle used 2 exclusively as a farm implement , or a motorcycle previously 3 issued a title pursuant to chapter 321 , or an all-terrain 4 vehicle titled and registered in accordance with section 5 321.118, shall apply to the county recorder of the county in 6 which the owner resides for a certificate of title for the 7 all-terrain vehicle. The owner of an all-terrain vehicle 8 used exclusively as a farm implement may obtain a certificate 9 of title. A person who owns an all-terrain vehicle that is 10 not required to have a certificate of title may apply for and 11 receive a certificate of title for the all-terrain vehicle 12 and, subsequently, the all-terrain vehicle shall be subject to 13 the requirements of this chapter as if the all-terrain vehicle 14 were required to be titled. All all-terrain vehicles that 15 are titled under this chapter shall be registered under this 16 chapter . 17 EXPLANATION 18 This bill provides for the registration and operation of 19 certain all-terrain vehicles and minitrucks on noninterstate 20 highways. 21 The bill provides a definition of “minitruck” and allows 22 unregistered minitrucks to be operated on a highway by a 23 licensed driver, without registration, for the same purposes as 24 all-terrain vehicles: agricultural purposes; land surveying; 25 construction or maintenance by a political subdivision or a 26 public utility; emergency services or rescue performed by 27 a public agency; or mowing, installing signs, or providing 28 maintenance on a snowmobile or all-terrain vehicle trail 29 designated by the department of natural resources. A person 30 who operates a minitruck in violation of these restrictions 31 is subject to the current penalty applicable to all-terrain 32 vehicle operation. A violation is a simple misdemeanor, 33 punishable by a scheduled fine of $50. 34 The bill provides that all-terrain vehicles with four 35 -7- LSB 5096YH (9) 84 dea/nh 7/ 9

H.F. 2090 or more wheels and a combustion engine having a piston or 1 rotor displacement of 200 centimeters or more and minitrucks 2 may be registered with the department of transportation for 3 operation on noninterstate highways. The provision includes 4 off-road utility vehicles, which for purposes of motor vehicle 5 regulation, are included in the definition of “all-terrain 6 vehicle”. To qualify for registration, the vehicle must 7 be equipped with headlights, taillights, turn signals, and 8 a rearview mirror. A minitruck must also be equipped with 9 windshield wipers and safety belts. The annual registration 10 fee for an all-terrain vehicle or minitruck is $40. Because 11 all-terrain vehicles and minitrucks are currently subject to 12 sales tax, the bill provides that the vehicles are exempt 13 from the fee for new registration imposed on vehicles subject 14 to registration, so long as the owner has paid the sales 15 tax at the time of purchase. The current 35 mile per hour 16 speed restriction for all-terrain vehicles is eliminated for 17 all-terrain vehicles other than implements of husbandry. A 18 person who operates on a highway a vehicle which is required 19 to be registered but is not registered commits a simple 20 misdemeanor, punishable by a scheduled fine of $50. 21 Under current law, all-terrain vehicles operated on public 22 land or ice or on designated riding areas or designated riding 23 trails are required to be registered with the department 24 of natural resources. All-terrain vehicles acquired after 25 January 1, 2000, other than those used exclusively as farm 26 implements, must also be titled by the department. The bill 27 provides an exception to that titling requirement for an 28 all-terrain vehicle titled and registered with the department 29 of transportation. However, under the bill, an all-terrain 30 vehicle which is titled and registered for highway operation 31 must still be registered separately with the department of 32 natural resources for operation on public lands or ice or on 33 designated riding areas and designated riding trails. 34 The bill provides an exemption from seat belt and child 35 -8- LSB 5096YH (9) 84 dea/nh 8/ 9