House File 762 - Introduced HOUSE FILE 762 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 73) A BILL FOR An Act requiring persons twelve years of age or older to pass 1 a written test and obtain an education certificate prior 2 to operating an all-terrain vehicle or off-road utility 3 vehicle on streets, highways, certain land, ice, and trails, 4 providing fees, and making penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1095HV (2) 91 th/ns

H.F. 762 Section 1. Section 321I.1, subsection 17, paragraph b, Code 1 2025, is amended to read as follows: 2 b. The operator of an off-road utility vehicle is subject 3 to provisions governing the operation of all-terrain vehicles 4 in section 321.234A , this chapter , and administrative rules , 5 but is exempt from the education instruction and certification 6 program requirements of sections 321I.25 and 321I.26 . An 7 operator of an off-road utility vehicle shall not operate the 8 vehicle on a designated riding area or designated riding trail 9 unless the department has posted signage indicating the riding 10 area or trail is open to the operation of off-road utility 11 vehicles. Off-road utility vehicles are subject to the dealer 12 registration and titling requirements of this chapter . A 13 motorized vehicle that was previously titled or is currently 14 titled under chapter 321 shall not be registered or operated 15 as an off-road utility vehicle. 16 Sec. 2. Section 321I.25, subsection 3, Code 2025, is amended 17 to read as follows: 18 3. Upon completion of the course of instruction, the 19 commission shall provide for the administration of either a 20 written test or the demonstration of adequate riding skills to 21 any student who wishes to qualify for an education certificate. 22 Sec. 3. Section 321I.26, subsections 1 and 3, Code 2025, are 23 amended to read as follows: 24 1. A person twelve years of age or older but less than 25 eighteen years of age shall not operate an all-terrain vehicle 26 or off-road utility vehicle on a street or highway, public 27 land, public ice, a designated riding trail, or land purchased 28 with all-terrain vehicle registration funds in this state 29 without obtaining a valid education certificate approved by 30 the department and having the certificate in the person’s 31 possession. This subsection does not apply if the operation 32 is part of a prescribed education training course and the 33 operation is under the direct supervision of a certified 34 all-terrain vehicle education instructor. 35 -1- LSB 1095HV (2) 91 th/ns 1/ 3

H.F. 762 3. Any person who is required to have an education 1 certificate under this chapter and who has completed a course 2 of instruction established under section 321I.2, subsection 3 1 , paragraph “i” , including the successful passage of an 4 examination which includes either a written test relating to 5 such course of instruction or the demonstration of adequate 6 riding skills , shall be considered qualified to receive an 7 education certificate. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 Under current law, a person 12 years of age or older but less 12 than 18 years of age is required to obtain a valid education 13 certificate approved by the department of natural resources 14 (DNR) prior to, and have the certificate in the person’s 15 possession while, operating an all-terrain vehicle (ATV) on 16 public land, public ice, a designated riding trail, or land 17 purchased with ATV registration funds in Iowa. Persons under 18 12 years of age are prohibited from operating an ATV on public 19 land unless the person is under direct supervision. Persons 20 operating an off-road motorcycle or off-road utility vehicle 21 (UTV) are excepted from the education instruction, certificate, 22 and associated fee requirements. 23 This bill strikes such exceptions for UTVs and adds streets 24 and highways to the locations where a person operating an ATV 25 or UTV must possess an education certificate. As a result, 26 the bill requires every person 12 years of age or older to 27 obtain a valid education certificate approved by DNR prior to, 28 and have the certificate in the person’s possession while, 29 operating an ATV or UTV on a street or highway, public land, 30 public ice, a designated riding trail, or land purchased with 31 ATV registration funds in Iowa. A person is not required to 32 possess an education certificate if the operation is part of a 33 prescribed education training course and the operation is under 34 the direct supervision of a certified ATV education instructor. 35 -2- LSB 1095HV (2) 91 th/ns 2/ 3

H.F. 762 Under current law, the fee for an education certificate is 1 $5 and an education certificate must be issued to a qualified 2 applicant who successfully completes an education course and 3 pays the fee. The fees are credited to the special ATV fund 4 and must be used for educational programs. Any person who 5 has completed a course of instruction established under DNR 6 rules, including the successful passage of an examination which 7 includes either a written test relating to such course of 8 instruction or the demonstration of adequate riding skills, is 9 considered qualified to receive an education certificate. An 10 education certificate does not expire and remains valid until 11 the certificate is suspended or revoked by the DNR director as 12 a result of a Code chapter 321I (ATVs) law or rule violation. 13 The bill strikes the ability of a person who wishes to obtain 14 an education certificate to do so by demonstrating adequate 15 riding skills, thus requiring all such persons to successfully 16 complete a written test. This aligns these provisions with 17 the written test requirements for students qualifying for a 18 snowmobile education certificate under current law. 19 A person who is required to have a valid education 20 certificate and who operates an ATV or UTV without a valid 21 education certificate commits a simple misdemeanor punishable 22 by a $70 scheduled fine. 23 -3- LSB 1095HV (2) 91 th/ns 3/ 3