HF 263 (LSB 1968YH (5) 85)

HOUSE FILE 263

BY  MOORE

A BILL FOR

An Act relating to the operation of all-terrain vehicles on highways upon registration with the department of transportation, providing a registration fee, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, subsection 32, Code 2013, is amended to read as follows:
   32.  “Implement of husbandry” means a vehicle or special mobile equipment manufactured, designed, or reconstructed for agricultural purposes and, except for incidental uses, exclusively used in the conduct of agricultural operations. “Implements of husbandry” includes all-terrain vehicles operated in compliance with section 321.234A, subsection 1, paragraph “a”,
 
but not registered for operation upon a highway pursuant to section 321.118, fence-line feeders, and vehicles used exclusively for the application of organic or inorganic plant food materials, organic agricultural limestone, or agricultural chemicals. To be considered an implement of husbandry, a self-propelled implement of husbandry must be operated at speeds of thirty-five miles per hour or less.
   a.  “Reconstructed” as used in this subsection means materially altered from the original construction by the removal, addition, or substitution of essential parts, new or used.
   b.  A vehicle covered under this subsection, if it otherwise qualifies, may be operated as special mobile equipment and under such circumstances this subsection shall not be applicable to such vehicle, and such vehicle shall not be required to comply with sections 321.384 through 321.423, when such vehicle is moved during daylight hours; however, the provisions of section 321.383 shall remain applicable to such vehicle.
    Sec. 2.  Section 321.1, subsection 47A, Code 2013, is amended by striking the subsection and inserting in lieu thereof the following:
   47A.  “Off-road utility vehicle” means as defined in section 321I.1, subsection 17, paragraph “a”.
    Sec. 3.  Section 321.20, subsection 1, paragraph e, Code 2013, is amended to read as follows:
   e.  The amount of the fee for new registration to be paid under section 321.105A
 
if applicable, the amount of tax to be paid under section 423.26, subsection 1, or the amount of tax to be paid under section 423.26A.
    Sec. 4.  Section 321.105A, subsection 2, paragraph c, Code 2013, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (31)  An all-terrain vehicle, if the owner paid the sales tax required under section 423.2 at the time the vehicle was purchased.
    Sec. 5.  Section 321.109, subsection 1, paragraph a, Code 2013, is amended to read as follows:
   a.  The annual fee for all motor vehicles including vehicles designated by manufacturers as station wagons, 1993 and subsequent model year multipurpose vehicles, and 2010 and subsequent model year motor trucks with an unladen weight of ten thousand pounds or less, except motor trucks registered under section 321.122, business-trade trucks, special trucks, motor homes, ambulances, hearses,
 
all-terrain vehicles, motorcycles, motorized bicycles, and 1992 and older model year multipurpose vehicles, shall be equal to one percent of the value as fixed by the department plus forty cents for each one hundred pounds or fraction thereof of weight of vehicle, as fixed by the department. The weight of a motor vehicle, fixed by the department for registration purposes, shall include the weight of a battery, heater, bumpers, spare tire, and wheel. Provided, however, that for any new vehicle purchased in this state by a nonresident for removal to the nonresident’s state of residence the purchaser may make application to the county treasurer in the county of purchase for a transit plate for which a fee of ten dollars shall be paid. And provided, however, that for any used vehicle held by a registered dealer and not currently registered in this state, or for any vehicle held by an individual and currently registered in this state, when purchased in this state by a nonresident for removal to the nonresident’s state of residence, the purchaser may make application to the county treasurer in the county of purchase for a transit plate for which a fee of three dollars shall be paid. The county treasurer shall issue a nontransferable certificate of registration for which no refund shall be allowed; and the transit plates shall be void thirty days after issuance. Such purchaser may apply for a certificate of title by surrendering the manufacturer’s or importer’s certificate or certificate of title, duly assigned as provided in this chapter. In this event, the treasurer in the county of purchase shall, when satisfied with the genuineness and regularity of the application, and upon payment of a fee of twenty dollars, issue a certificate of title in the name and address of the nonresident purchaser delivering the title to the owner. If there is a security interest noted on the title, the county treasurer shall mail to the secured party an acknowledgment of the notation of the security interest. The county treasurer shall not release a security interest that has been noted on a title issued to a nonresident purchaser as provided in this paragraph. The application requirements of section 321.20 apply to a title issued as provided in this subsection, except that a natural person who applies for a certificate of title shall provide either the person’s social security number, passport number, or driver’s license number, whether the license was issued by this state, another state, or another country. The provisions of this subsection relating to multipurpose vehicles are effective for all 1993 and subsequent model years. The annual registration fee for multipurpose vehicles that are 1992 model years and older shall be in accordance with section 321.124.
    Sec. 6.  NEW SECTION.  321.118   All-terrain vehicles.
   An all-terrain vehicle may be titled and registered under this chapter for operation on secondary roads and on city streets where authorized, as provided in this chapter, for an annual fee of fifty dollars. Registration under this section is in addition to the requirements of chapter 321I. The department shall adopt rules for the titling and registration of all-terrain vehicles pursuant to this section.
    Sec. 7.  Section 321.166, subsection 1, paragraph a, Code 2013, is amended to read as follows:
   a.  Registration plates shall be of metal and of a size not to exceed six inches by twelve inches, except that the size of plates issued for use on
 
all-terrain vehicles, motorized bicycles, motorcycles, motorcycle trailers, and trailers with an empty weight of two thousand pounds or less shall be established by the department.
    Sec. 8.  Section 321.166, subsection 4, Code 2013, is amended to read as follows:
   4.  The registration plate number, except on
 
all-terrain vehicles, motorized bicycles, motorcycles, motorcycle trailers, and trailers with an empty weight of two thousand pounds or less, shall be of sufficient size to be readable from a distance of one hundred feet during daylight.
    Sec. 9.  Section 321.234A, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.   The provisions of this section do not apply to an all-terrain vehicle operated on a highway in accordance with section 321.234B.
    Sec. 10.  NEW SECTION.  321.234B  Registered all-terrain vehicles —— operation on highways.
   An all-terrain vehicle which is registered under this chapter may be operated on a highway subject to all of the following:
   1.  Persons who may operate.  A person shall not operate an all-terrain vehicle on a highway unless the person is sixteen years of age or older and has a valid driver’s license other than a license valid only for operation of a motorized bicycle.
   2.  Operation on certain highways only.  All-terrain vehicles registered under section 321.118 may be operated on secondary roads, but shall not be operated on primary highways or on highways within the corporate limits of a city except as follows: 

   a.  A person shall not operate an all-terrain vehicle registered under section 321.118 on a primary highway except to cross a primary highway; however, the provisions of section 321I.10 govern the crossing of a primary highway when the all-terrain vehicle is being operated on an all-terrain vehicle trail.
   b.  A person shall not operate an all-terrain vehicle on a highway within the corporate limits of a city except on a nonprimary highway where such operation is authorized by ordinance pursuant to section 321.236, subsection 14A. 
   3.  Motor vehicle laws applicable.  The motor vehicle laws, including but not limited to the provisions of sections 321.20B, 321.285, 321.317, 321.385, and 321.387, apply to the operation of all-terrain vehicles registered for operation on highways, except for those provisions relating to required equipment which by their nature can have no practical application.
   4.  Penalties.  A person convicted of a violation of subsection 1 or 2 is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 1.
    Sec. 11.  Section 321.236, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  14A.  Authorizing the operation of all-terrain vehicles registered under section 321.118 on highways under the jurisdiction of a city, other than municipal extensions of primary highways.
    Sec. 12.  Section 321.285, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  Notwithstanding any other speed restrictions allowing for speed in excess of forty-five miles per hour, a person shall not operate an all-terrain vehicle on a highway at a speed in excess of forty-five miles per hour.
    Sec. 13.  Section 321I.1, subsection 17, paragraph b, Code 2013, is amended to read as follows:
   b.  The operator of an off-road utility vehicle is subject to provisions governing the operation of all-terrain vehicles in section 321.234A, this chapter, and administrative rules, but is exempt from the education 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 subject to the dealer registration and titling requirements of this chapter. A motorized vehicle that was previously titled or is currently titled under chapter 321, except section 321.118, shall not be registered or operated as an off-road utility vehicle
 
under this chapter.
    Sec. 14.  Section 321I.9, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   Registration
 
under this chapter shall not be required for the following described all-terrain vehicles:
    Sec. 15.  Section 321I.10, subsections 1 through 3, Code 2013, are amended to read as follows:
   1.  A person shall not operate an all-terrain vehicle or off-road utility vehicle upon roadways or highways except as provided in section
 
sections 321.234A
 
and 321.234B and this section.
   2.  A registered
 
An all-terrain vehicle or off-road utility vehicle
 
registered under this chapter may be operated on the roadways of that portion of county highways designated by the county board of supervisors for such use during a specified period. The county board of supervisors shall evaluate the traffic conditions on all county highways and designate roadways on which all-terrain vehicles or off-road utility vehicles may be operated for the specified period without unduly interfering with or constituting an undue hazard to conventional motor vehicle traffic. In designating such roadways, the board may authorize all-terrain vehicles and off-road utility vehicles to stop at service stations or convenience stores along a designated roadway. 
   3.  Cities may designate streets under the jurisdiction of cities within their respective corporate limits which may be used for the operation of registered all-terrain vehicles or registered off-road utility vehicles
 
registered under this chapter. In designating such streets, the city may authorize all-terrain vehicles and off-road utility vehicles to stop at service stations or convenience stores along a designated street.
    Sec. 16.  Section 321I.31, subsection 1, Code 2013, is amended to read as follows:
   1.  The owner of an all-terrain vehicle acquired on or after January 1, 2000, other than an all-terrain vehicle used exclusively as a farm implement, or a motorcycle previously issued a title pursuant to chapter 321,
 
or an all-terrain vehicle issued a certificate of title under section 321.20 and registered in accordance with section 321.118, shall apply to the county recorder of the county in which the owner resides for a certificate of title for the all-terrain vehicle. The owner of an all-terrain vehicle used exclusively as a farm implement may obtain a certificate of title. A person who owns an all-terrain vehicle that is not required to have a certificate of title may apply for and receive a certificate of title for the all-terrain vehicle and, subsequently, the all-terrain vehicle shall be subject to the requirements of this chapter as if the all-terrain vehicle were required to be titled. All all-terrain vehicles that are titled
 
under this chapter shall be registered
 
under this chapter. 
 
An all-terrain vehicle that is titled under section 321.20 and registered under section 321.118, shall also be registered under this chapter.
    Sec. 17.  Section 805.8A, subsection 1, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0a.  Section 321.234B, subsection 1 

or 2$50.
EXPLANATION
   This bill provides for the registration of all-terrain vehicles for operation on certain Iowa roads.
   Code section 321.1 defines “all-terrain vehicle” as a motor vehicle designed to travel on three or more wheels and designed primarily for off-road recreational use. The definition includes off-road utility vehicles, but excludes farm tractors or equipment, construction equipment, forestry vehicles, and lawn and grounds maintenance vehicles. Currently, the department of natural resources regulates all-terrain vehicles for purposes of off-road recreational use. All-terrain vehicles are not permitted on Iowa highways, except under limited circumstances.
   Under the bill, the owner of an all-terrain vehicle may register the vehicle with the department of transportation by applying for a certificate of title and registration from the county treasurer. The annual registration fee is $50. The size of license plates to be issued for all-terrain vehicles will be determined by the department of transportation. Because all-terrain vehicles are currently subject to sales tax, the bill provides that all-terrain vehicles are exempt from the fee for new registration imposed on vehicles subject to registration, so long as the owner has paid the sales tax at the time of purchase. Registration with the department of transportation does not exempt the owner from the current requirement to register the all-terrain vehicle with the department of natural resources, but if the owner obtains a certificate of title from the department of transportation, the owner does not have to repeat that process when registering the vehicle with the department of natural resources.
   The bill provides that an all-terrain vehicle registered with the department of transportation may be operated on secondary roads, but not on primary highways, except to cross over a primary highway, and not on highways within the corporate limits of a city except where all-terrain vehicles are permitted by ordinance. Under the bill, a city may authorize the operation of all-terrain vehicles registered with the department of transportation on highways under the city’s jurisdiction other than municipal extensions of primary highways.
   The bill states that a person who operates an all-terrain vehicle on a highway must be at least 16 years of age and have a valid driver’s license other than a license valid only for the operation of a motorized bicycle. Iowa motor vehicle laws apply to the operation of all-terrain vehicles on highways except those equipment provisions which by their nature can have no practical application. The bill specifies that the operator of an all-terrain vehicle must carry proof of motor vehicle financial liability coverage, and the all-terrain vehicle must meet requirements for headlamps, rear lamps, and turn signals. Current speed limits apply to all-terrain vehicles operated on a highway, except that an all-terrain vehicle may not be operated at a speed exceeding 45 miles per hour.
   Under current law, a person who operates an all-terrain vehicle on a highway in violation of current restrictions commits a simple misdemeanor punishable by a scheduled fine of $50. The bill establishes the same penalty for a person who operates a registered all-terrain vehicle in violation of minimum age and licensing requirements or on a highway where all-terrain vehicle operation is not authorized.
   The bill makes conforming amendments to Code chapter 321I, relating to the regulation of all-terrain vehicles by the department of natural resources and to permissible operation on city and county roads pursuant to that Code chapter.