HF 1005 (LSB 1095HZ (1) 91)

HOUSE FILE 1005

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO HF 762)
(SUCCESSOR TO HF 73)

A BILL FOR

An Act requiring persons twelve years of age or older to pass a written test and obtain an education certificate prior to operating an all-terrain vehicle or off-road utility vehicle on streets, highways, certain land, ice, and trails, providing fees, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321I.1, subsection 17, paragraph b, Code 2025, 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 shall not be registered or operated as an off-road utility vehicle.
    Sec. 2.  Section 321I.25, subsection 3, Code 2025, is amended to read as follows:
   3.  Upon completion of the course of instruction, the commission shall provide for the administration of either a written test or the demonstration of adequate riding skills to any student who wishes to qualify for an education certificate.
    Sec. 3.  Section 321I.26, subsections 1 and 3, Code 2025, are amended to read as follows:
   1.  A person twelve years of age or older but less than eighteen years of age shall not operate an all-terrain vehicle or off-road utility vehicle on a street or highway, public land, public ice, a designated riding trail, or land purchased with all-terrain vehicle registration funds in this state without obtaining a valid education certificate approved by the department and having the certificate in the person’s possession.  This subsection does not apply if the operation is part of a prescribed education training course and the operation is under the direct supervision of a certified all-terrain vehicle education instructor.
   3.  Any person who is required to have an education certificate under this chapter and who has completed a course of instruction established under section 321I.2, subsection 1, paragraph “i”, including the successful passage of an examination which includes either a written test relating to such course of instruction or the demonstration of adequate riding skills, shall be considered qualified to receive an education certificate.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person 12 years of age or older but less than 18 years of age is required to obtain a valid education certificate approved by the department of natural resources (DNR) prior to, and have the certificate in the person’s possession while, operating an all-terrain vehicle (ATV) on public land, public ice, a designated riding trail, or land purchased with ATV registration funds in Iowa. Persons under 12 years of age are prohibited from operating an ATV on public land unless the person is under direct supervision. Persons operating an off-road motorcycle or off-road utility vehicle (UTV) are excepted from the education instruction, certificate, and associated fee requirements.
   This bill strikes such exceptions for UTVs and adds streets and highways to the locations where a person operating an ATV or UTV must possess an education certificate. As a result, the bill requires every person 12 years of age or older to obtain a valid education certificate approved by DNR prior to, and have the certificate in the person’s possession while, operating an ATV or UTV on a street or highway, public land, public ice, a designated riding trail, or land purchased with ATV registration funds in Iowa. A person is not required to possess an education certificate if the operation is part of a prescribed education training course and the operation is under the direct supervision of a certified ATV education instructor. 
   Under current law, the fee for an education certificate is $5 and an education certificate must be issued to a qualified applicant who successfully completes an education course and pays the fee. The fees are credited to the special ATV fund and must be used for educational programs. Any person who has completed a course of instruction established under DNR rules, including the successful passage of an examination which includes either a written test relating to such course of instruction or the demonstration of adequate riding skills, is considered qualified to receive an education certificate. An education certificate does not expire and remains valid until the certificate is suspended or revoked by the DNR director as a result of a Code chapter 321I (ATVs) law or rule violation.
   The bill strikes the ability of a person who wishes to obtain an education certificate to do so by demonstrating adequate riding skills, thus requiring all such persons to successfully complete a written test. This aligns these provisions with the written test requirements for students qualifying for a snowmobile education certificate under current law.
   A person who is required to have a valid education certificate and who operates an ATV or UTV without a valid education certificate commits a simple misdemeanor punishable by a $70 scheduled fine.