HOUSE FILE 358

BY  SWEENEY

A BILL FOR

An Act relating to the definition of off-road utility vehicle and the operation of off-road utility vehicles on public areas and trails designated for all-terrain vehicle use.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321I.1, subsection 16, Code 2011, is amended to read as follows:
   16.
  a.  “Off-road utility vehicle” means a motorized flotation-tire vehicle with not less than four and not more than eight low-pressure tires that is limited in engine displacement to less than one thousand five hundred cubic centimeters and in total dry weight to not more than one thousand eight hundred pounds and that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control, including but not limited to a mini dune buggy.
   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 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. 2.  Section 321I.14, subsection 4, Code 2011, is amended by striking the subsection.
   Sec. 3.  Section 805.8B, subsection 2A, paragraph b, subparagraph (3), Code 2011, is amended to read as follows:
   (3)  For operating violations under section 321I.14, subsection 1, paragraphs “a”, “e”, “f”, “g”, and “h”, and subsections 2, 3,4, and 5, the scheduled fine is one hundred dollars.
EXPLANATION
   This bill amends the definition of “off-road utility vehicle” to specify that the term includes vehicles known as mini dune buggies. An off-road utility vehicle is defined as a motorized flotation-tire vehicle with at least four but not more than eight low-pressure tires that is limited in engine displacement to less than 1,500 cubic centimeters and in total dry weight to not more than 1,800 pounds and that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control.
   Under current law, the registration of off-road utility vehicles is required if the owner intends to use the vehicle on public ice, designated riding areas, or designated riding trails. However, off-road utility vehicles are only permitted on those designated riding areas and trails where the department of natural resources has posted signs indicating that the riding area or trail is open to off-road utility vehicles.
   This bill removes the restriction on the operation of off-road utility vehicles on certain designated riding areas or trails, so that a registered off-road utility vehicle may be operated on any public riding area or trail designated for the operation of all-terrain vehicles.