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
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$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