House File 250 - Introduced HOUSE FILE 250 BY FRY A BILL FOR An Act relating to the operation of off-road utility vehicles 1 on secondary roads upon registration with the department of 2 transportation, providing a registration fee, and providing 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2065YH (2) 85 dea/nh
H.F. 250 Section 1. Section 321.1, subsections 32 and 47A, Code 2013, 1 are amended to read as follows: 2 32. “Implement of husbandry” means a vehicle or special 3 mobile equipment manufactured, designed, or reconstructed 4 for agricultural purposes and, except for incidental uses, 5 exclusively used in the conduct of agricultural operations. 6 “Implements of husbandry” includes all-terrain vehicles operated 7 in compliance with section 321.234A, subsection 1 , paragraph 8 “a” , but not registered for operation upon a highway pursuant 9 to section 321.118, 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. 15 a. “Reconstructed” as used in this subsection means 16 materially altered from the original construction by the 17 removal, addition, or substitution of essential parts, new or 18 used. 19 b. A vehicle covered under this subsection , if it otherwise 20 qualifies, may be operated as special mobile equipment 21 and under such circumstances this subsection shall not be 22 applicable to such vehicle, and such vehicle shall not be 23 required to comply with sections 321.384 through 321.423 , when 24 such vehicle is moved during daylight hours; however, the 25 provisions of section 321.383 shall remain applicable to such 26 vehicle. 27 47A. “Off-road utility vehicle” means a motorized 28 flotation-tire vehicle with not less than four and not more 29 than eight low-pressure nonhighway tires that is limited in 30 engine displacement to less than one thousand five hundred 31 cubic centimeters and in total dry weight to not more than one 32 two thousand eight hundred pounds and that has a seat that is 33 of bucket or bench design, not intended to be straddled by the 34 operator, and a steering wheel or control levers for control. 35 -1- LSB 2065YH (2) 85 dea/nh 1/ 8
H.F. 250 Sec. 2. Section 321.105A, subsection 2, paragraph c, Code 1 2013, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (31) An off-road utility vehicle, if the 3 owner paid the sales tax required under section 423.2 at the 4 time the vehicle was purchased. 5 Sec. 3. Section 321.109, subsection 1, paragraph a, Code 6 2013, is amended to read as follows: 7 a. The annual fee for all motor vehicles including vehicles 8 designated by manufacturers as station wagons, 1993 and 9 subsequent model year multipurpose vehicles, and 2010 and 10 subsequent model year motor trucks with an unladen weight of 11 ten thousand pounds or less, except motor trucks registered 12 under section 321.122 , business-trade trucks, special trucks, 13 motor homes, ambulances, hearses, off-road utility vehicles, 14 motorcycles, motorized bicycles, and 1992 and older model year 15 multipurpose vehicles, shall be equal to one percent of the 16 value as fixed by the department plus forty cents for each one 17 hundred pounds or fraction thereof of weight of vehicle, as 18 fixed by the department. The weight of a motor vehicle, fixed 19 by the department for registration purposes, shall include 20 the weight of a battery, heater, bumpers, spare tire, and 21 wheel. Provided, however, that for any new vehicle purchased 22 in this state by a nonresident for removal to the nonresident’s 23 state of residence the purchaser may make application to the 24 county treasurer in the county of purchase for a transit plate 25 for which a fee of ten dollars shall be paid. And provided, 26 however, that for any used vehicle held by a registered dealer 27 and not currently registered in this state, or for any vehicle 28 held by an individual and currently registered in this state, 29 when purchased in this state by a nonresident for removal to 30 the nonresident’s state of residence, the purchaser may make 31 application to the county treasurer in the county of purchase 32 for a transit plate for which a fee of three dollars shall 33 be paid. The county treasurer shall issue a nontransferable 34 certificate of registration for which no refund shall be 35 -2- LSB 2065YH (2) 85 dea/nh 2/ 8
H.F. 250 allowed; and the transit plates shall be void thirty days 1 after issuance. Such purchaser may apply for a certificate 2 of title by surrendering the manufacturer’s or importer’s 3 certificate or certificate of title, duly assigned as provided 4 in this chapter . In this event, the treasurer in the county 5 of purchase shall, when satisfied with the genuineness and 6 regularity of the application, and upon payment of a fee of 7 twenty dollars, issue a certificate of title in the name and 8 address of the nonresident purchaser delivering the title 9 to the owner. If there is a security interest noted on the 10 title, the county treasurer shall mail to the secured party an 11 acknowledgment of the notation of the security interest. The 12 county treasurer shall not release a security interest that 13 has been noted on a title issued to a nonresident purchaser 14 as provided in this paragraph. The application requirements 15 of section 321.20 apply to a title issued as provided in this 16 subsection , except that a natural person who applies for a 17 certificate of title shall provide either the person’s social 18 security number, passport number, or driver’s license number, 19 whether the license was issued by this state, another state, or 20 another country. The provisions of this subsection relating to 21 multipurpose vehicles are effective for all 1993 and subsequent 22 model years. The annual registration fee for multipurpose 23 vehicles that are 1992 model years and older shall be in 24 accordance with section 321.124 . 25 Sec. 4. NEW SECTION . 321.118 Off-road utility vehicles —— 26 registration. 27 The owner of an off-road utility vehicle that is registered 28 pursuant to chapter 321I may also register the off-road utility 29 vehicle under this chapter, to be operated on secondary roads 30 as provided in section 321.234B. 31 1. Notwithstanding section 321.20, an owner wishing to 32 register an off-road utility vehicle shall file an application 33 with the county treasurer of the county of the owner’s 34 residence containing the full legal name, social security 35 -3- LSB 2065YH (2) 85 dea/nh 3/ 8
H.F. 250 number or Iowa driver’s license number or Iowa nonoperator’s 1 identification card number, date of birth, bona fide residence, 2 mailing address of the owner, and such further information as 3 may reasonably be required by the department. The application 4 shall be accompanied by a copy of the certificate of title for 5 the vehicle issued pursuant to section 321I.31. 6 2. The annual registration fee for an off-road utility 7 vehicle is ten dollars. 8 Sec. 5. Section 321.166, subsection 1, paragraph a, Code 9 2013, is amended to read as follows: 10 a. Registration plates shall be of metal and of a size not 11 to exceed six inches by twelve inches, except that the size of 12 plates issued for use on off-road utility vehicles, motorized 13 bicycles, motorcycles, motorcycle trailers, and trailers 14 with an empty weight of two thousand pounds or less shall be 15 established by the department. 16 Sec. 6. Section 321.166, subsection 4, Code 2013, is amended 17 to read as follows: 18 4. The registration plate number, except on off-road 19 utility vehicles, motorized bicycles, motorcycles, motorcycle 20 trailers, and trailers with an empty weight of two thousand 21 pounds or less, shall be of sufficient size to be readable from 22 a distance of one hundred feet during daylight. 23 Sec. 7. Section 321.234A, Code 2013, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 5. The provisions of this section do not 26 apply to an off-road utility vehicle operated on a highway in 27 accordance with section 321.234B. 28 Sec. 8. NEW SECTION . 321.234B Registered off-road utility 29 vehicles —— operation on highways. 30 An off-road utility vehicle which is registered under this 31 chapter may be operated on a secondary road subject to all of 32 the following: 33 1. Persons who may operate. A person shall not operate an 34 off-road utility vehicle on a highway unless the person is 35 -4- LSB 2065YH (2) 85 dea/nh 4/ 8
H.F. 250 sixteen years of age or older and has a valid driver’s license 1 other than a license valid only for operation of a motorized 2 bicycle. 3 2. Operation on certain highways only. Off-road utility 4 vehicles registered under section 321.118 may be operated on 5 secondary roads, but shall not be operated on highways within 6 the corporate limits of a city and shall not be operated on a 7 primary highway except to cross the primary highway; however, 8 the provisions of section 321I.10 govern the crossing of a 9 primary highway when the off-road utility vehicle is being 10 operated on an all-terrain vehicle trail. 11 3. Motor vehicle laws applicable. The motor vehicle 12 laws, including but not limited to the provisions of sections 13 321.20B, 321.317, 321.385, and 321.387, apply to the operation 14 of off-road utility vehicles registered for operation on 15 highways, except for those provisions relating to required 16 equipment which by their nature can have no practical 17 application. 18 4. Penalties. A person convicted of a violation of 19 subsection 1 or 2 is guilty of a simple misdemeanor punishable 20 as a scheduled violation under section 805.8A, subsection 6. 21 Sec. 9. Section 321I.9, unnumbered paragraph 1, Code 2013, 22 is amended to read as follows: 23 Registration under this chapter shall not be required for 24 the following described all-terrain vehicles: 25 Sec. 10. Section 321I.10, subsections 1 through 3, Code 26 2013, are amended to read as follows: 27 1. A person shall not operate an all-terrain vehicle or 28 off-road utility vehicle upon roadways or highways except as 29 provided in section sections 321.234A and 321.234B and this 30 section . 31 2. A registered An all-terrain vehicle or off-road utility 32 vehicle registered under this chapter may be operated on 33 the roadways of that portion of county highways designated 34 by the county board of supervisors for such use during a 35 -5- LSB 2065YH (2) 85 dea/nh 5/ 8
H.F. 250 specified period. The county board of supervisors shall 1 evaluate the traffic conditions on all county highways and 2 designate roadways on which all-terrain vehicles or off-road 3 utility vehicles may be operated for the specified period 4 without unduly interfering with or constituting an undue 5 hazard to conventional motor vehicle traffic. In designating 6 such roadways, the board may authorize all-terrain vehicles 7 and off-road utility vehicles to stop at service stations or 8 convenience stores along a designated roadway. 9 3. Cities may designate streets under the jurisdiction of 10 cities within their respective corporate limits which may be 11 used for the operation of registered all-terrain vehicles or 12 registered off-road utility vehicles registered under this 13 chapter . In designating such streets, the city may authorize 14 all-terrain vehicles and off-road utility vehicles to stop 15 at service stations or convenience stores along a designated 16 street. 17 Sec. 11. Section 805.8A, subsection 6, Code 2013, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . 0a. Section 321.234B, subsection 1 20 or 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50. 21 EXPLANATION 22 This bill provides for the registration of off-road utility 23 vehicles for operation on secondary roads. 24 The bill amends the definition of “off-road utility 25 vehicle”, for purposes of Code chapter 321, to mean a motorized 26 vehicle with not less than four and not more than eight 27 nonhighway tires that is limited in engine displacement to less 28 than 1,500 cubic centimeters and in total dry weight to not 29 more than 2,000 pounds and that has a seat that is of bucket 30 or bench design, not intended to be straddled by the operator, 31 and a steering wheel or control levers for control. This 32 definition closely matches the definition in Code chapter 321I, 33 except that it excludes rubber-tracked vehicles. Currently, 34 the department of natural resources regulates off-road utility 35 -6- LSB 2065YH (2) 85 dea/nh 6/ 8
H.F. 250 vehicles pursuant to Code chapter 321I for purposes of off-road 1 recreational use. Off-road utility vehicles are not permitted 2 on Iowa highways, except under limited circumstances. 3 Under the bill, the owner of an off-road utility vehicle 4 may register the vehicle with the department of transportation 5 by making application to the county treasurer of the owner’s 6 county of residence. The application must be accompanied by a 7 copy of the certificate of title for the vehicle issued by the 8 department of natural resources. The annual registration fee 9 for an off-road utility vehicle is $10. 10 The size of license plates to be issued for off-road 11 utility vehicles will be determined by the department of 12 transportation. Because off-road utility vehicles are 13 currently subject to sales tax, the bill provides that off-road 14 utility vehicles are exempt from the fee for new registration 15 imposed on vehicles subject to registration, so long as 16 the owner has paid the sales tax at the time of purchase. 17 Registration with the department of transportation does not 18 exempt the owner from the current requirement to register 19 the off-road utility vehicle with the department of natural 20 resources. 21 The bill provides that an off-road utility vehicle 22 registered with the department of transportation may be 23 operated on secondary roads, but not on primary highways, 24 except to cross over a primary highway, and not on highways 25 within the corporate limits of a city. 26 The bill states that a person who operates an off-road 27 utility vehicle on a highway must be at least 16 years of 28 age and have a valid driver’s license other than a license 29 valid only for the operation of a motorized bicycle. Iowa 30 motor vehicle laws apply to the operation of off-road utility 31 vehicles on highways except those equipment provisions which 32 by their nature can have no practical application. The bill 33 specifies that the operator of an off-road utility vehicle must 34 carry proof of motor vehicle financial liability coverage, 35 -7- LSB 2065YH (2) 85 dea/nh 7/ 8
H.F. 250 and the off-road utility vehicle must meet requirements for 1 headlamps, rear lamps, and turn signals. 2 Under current law, a person who operates an off-road utility 3 vehicle on a highway in violation of current restrictions 4 commits a simple misdemeanor punishable by a scheduled fine of 5 $50. The bill establishes the same penalty for a person who 6 operates a registered off-road utility vehicle in violation of 7 minimum age and licensing requirements or on a highway where 8 off-road utility vehicle operation is not authorized. 9 The bill makes conforming amendments to Code chapter 321I, 10 relating to the regulation of off-road utility vehicles by the 11 department of natural resources and to permissible operation on 12 city and county roads pursuant to that Code chapter. 13 -8- LSB 2065YH (2) 85 dea/nh 8/ 8