House File 302 - Introduced HOUSE FILE 302 BY HAGER A BILL FOR An Act relating to the crossing of highways by all-terrain 1 vehicles and off-road utility vehicles, and making a penalty 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2060YH (1) 87 ns/nh
H.F. 302 Section 1. Section 321.234A, subsection 1, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. The all-terrain vehicle is crossing the 3 highway pursuant to section 321I.10, subsection 5. 4 Sec. 2. Section 321I.10, subsection 5, Code 2017, is amended 5 by striking the subsection and inserting in lieu thereof the 6 following: 7 5. An all-terrain vehicle or off-road utility vehicle 8 may make a direct crossing of a highway provided all of the 9 following occur: 10 a. The crossing is made at an angle of approximately ninety 11 degrees to the direction of the highway and at a place where no 12 obstruction prevents a quick and safe crossing. 13 b. The all-terrain vehicle or off-road utility vehicle is 14 brought to a complete stop before crossing the shoulder or main 15 traveled way of the highway. 16 c. The driver yields the right-of-way to all oncoming 17 traffic which constitutes an immediate hazard. 18 d. In crossing a divided highway, the crossing is made only 19 at an intersection of such highway with another public street 20 or highway. 21 e. The crossing is made from a street, roadway, or highway 22 designated as an all-terrain vehicle trail by a state agency, 23 county, or city to a street, roadway, or highway designated 24 as an all-terrain vehicle trail by a state agency, county, or 25 city. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 Under current law, the department of transportation (DOT) 30 may issue a permit to a state agency, a county, or a city to 31 allow an all-terrain vehicle trail to cross a primary highway. 32 The trail crossing must be part of an all-terrain vehicle trail 33 designated by the state agency, county, or city. The DOT may 34 issue a permit only if the crossing can be accomplished in a 35 -1- LSB 2060YH (1) 87 ns/nh 1/ 2
H.F. 302 safe manner and the crossing allows for adequate sight distance 1 for both motorists and all-terrain vehicle operators. 2 This bill strikes that provision and provides that an 3 all-terrain vehicle or off-road utility vehicle may make a 4 direct crossing of a highway if the crossing is made at an 5 angle of approximately 90 degrees to the direction of the 6 highway and at a place where no obstruction prevents a quick 7 and safe crossing; the all-terrain vehicle or off-road utility 8 vehicle is brought to a complete stop before crossing the 9 shoulder or main traveled way of the highway; the driver yields 10 the right-of-way to all oncoming traffic which constitutes an 11 immediate hazard; in crossing a divided highway, the crossing 12 is made only at an intersection of such highway with another 13 public street or highway; and the crossing is made from a 14 street, roadway, or highway designated as an all-terrain 15 vehicle trail by a state agency, county, or city to a street, 16 roadway, or highway designated as an all-terrain vehicle trail 17 by a state agency, county, or city. 18 The scheduled fine for a violation of the bill is $50. 19 -2- LSB 2060YH (1) 87 ns/nh 2/ 2