Senate Study Bill 3131 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON ZUMBACH) A BILL FOR An Act relating to operating all-terrain vehicles on highways, 1 and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6820XC (4) 91 th/ns
S.F. _____ Section 1. Section 321.20B, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8A. This section does not apply to an 3 all-terrain vehicle operated on a highway incidental to the 4 vehicle’s use for agricultural purposes pursuant to section 5 321.234A, subsection 1, paragraph “a” . 6 Sec. 2. Section 321.234A, subsection 1, unnumbered 7 paragraph 1, Code 2026, is amended to read as follows: 8 All-terrain vehicles A person shall not be operated operate 9 an unregistered all-terrain vehicle on a highway unless one or 10 more of the following conditions apply: 11 Sec. 3. Section 321.234A, subsection 1, paragraphs a and g, 12 Code 2026, are amended to read as follows: 13 a. The operation is between sunrise and sunset and is 14 incidental to the vehicle’s use for agricultural purposes. For 15 purposes of this paragraph, “incidental to the vehicle’s use 16 for agricultural purposes” includes stopping in the course of 17 agricultural use to obtain fuel for the all-terrain vehicle or 18 to obtain food or a nonalcoholic beverage for the operator. 19 g. The all-terrain vehicle is making a direct crossing the 20 of a highway pursuant to section 321I.10, subsection 7 that is 21 not part of the interstate road system, provided all of the 22 following occur: 23 (1) The crossing is made at an angle of approximately ninety 24 degrees to the direction of the highway and at a place where no 25 obstruction prevents a quick and safe crossing . 26 (2) The all-terrain vehicle is brought to a complete stop 27 before crossing the shoulder or main traveled way of the 28 highway. 29 (3) The driver yields the right-of-way to all oncoming 30 traffic which constitutes an immediate hazard. 31 (4) In crossing a divided highway, the crossing is made only 32 at an intersection of such highway with another public street 33 or highway. 34 (5) The crossing is made from a street, roadway, or highway 35 -1- LSB 6820XC (4) 91 th/ns 1/ 6
S.F. _____ on which the all-terrain vehicle is authorized to operate to a 1 street, roadway, or highway on which an all-terrain vehicle is 2 authorized to operate. 3 Sec. 4. Section 321.234A, subsection 1, paragraph f, Code 4 2026, is amended by striking the paragraph. 5 Sec. 5. Section 321.234A, Code 2026, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 1A. Except as provided in this subsection, 8 a person shall not operate an all-terrain vehicle registered 9 under chapter 321I on a highway. 10 a. A person may operate a registered all-terrain vehicle on 11 an undivided primary road that is not part of the interstate 12 road system and on a paved, undivided secondary road over the 13 most direct and accessible route between any of the following 14 locations: 15 (1) An all-terrain vehicle park or trail. 16 (2) A secondary road on which such vehicles are authorized 17 to operate under paragraph “b” . 18 (3) A city street on which such vehicles are authorized to 19 operate under paragraph “c” . 20 (4) The vehicle operator’s residence. 21 b. (1) A person may operate a registered all-terrain 22 vehicle on any of the following secondary roads: 23 (a) An unpaved secondary road. 24 (b) A paved, undivided secondary road or segment thereof, 25 if authorized by the county board of supervisors. The board 26 shall evaluate the traffic conditions on all such secondary 27 roads under its jurisdiction and designate roadways on which 28 all-terrain vehicles may be operated without unduly interfering 29 with or constituting an undue hazard to conventional motor 30 vehicle traffic. In designating such roadways, the board may 31 authorize all-terrain vehicles to stop at service stations or 32 convenience stores along a designated roadway. 33 (2) Notwithstanding subparagraph (1), a county may prohibit 34 the operation of all-terrain vehicles on a secondary road or 35 -2- LSB 6820XC (4) 91 th/ns 2/ 6
S.F. _____ segment thereof under its jurisdiction as follows: 1 (a) When the secondary road or segment thereof is closed to 2 motor vehicle traffic pursuant to section 306.41. 3 (b) When the secondary road or segment thereof is designated 4 as a detour route pursuant to section 306.41. 5 (c) For any other secondary road or segment thereof, for no 6 more than seven consecutive days and no more than thirty days 7 in a calendar year when the prohibited days are established by 8 ordinance. 9 c. On a municipal street system if authorized by the city. 10 A city may designate streets under the jurisdiction of the 11 city within its corporate limits, and undivided primary and 12 secondary road extensions in the city, which may be used for 13 the operation of all-terrain vehicles. In designating such 14 streets, the city may authorize all-terrain vehicles to stop 15 at service stations or convenience stores along a designated 16 street. 17 Sec. 6. Section 321.234A, subsection 2, Code 2026, is 18 amended by striking the subsection and inserting in lieu 19 thereof the following: 20 2. A person shall not operate an all-terrain vehicle on 21 a highway in excess of thirty-five miles per hour. A person 22 under the age of eighteen years old shall not operate an 23 all-terrain vehicle on a highway unless the person is operating 24 pursuant to subsection 1, paragraph “a” . 25 Sec. 7. Section 321.234A, subsection 3, Code 2026, is 26 amended to read as follows: 27 3. As provided in section 321.1 , an all-terrain vehicle is 28 a motor vehicle for purposes of this chapter . Therefore, an 29 all-terrain vehicle operated on a highway shall be equipped 30 with the parts, lamps, and other equipment in proper condition 31 and adjustment as required under this chapter for motor 32 vehicles, including but not limited to the parts, lamps, and 33 equipment required under sections 321.386 , 321.387 , 321.404 , 34 321.432 , and 321.437 except those provisions which by their 35 -3- LSB 6820XC (4) 91 th/ns 3/ 6
S.F. _____ nature can have no application . 1 Sec. 8. Section 321.234A, Code 2026, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 4A. A city or county shall not charge a fee 4 to operate a registered all-terrain vehicle on roads or streets 5 under the jurisdiction of the city or county, as applicable. 6 Sec. 9. Section 321I.10, subsections 1, 2, 4, 5, and 7, Code 7 2026, are amended by striking the subsections. 8 Sec. 10. Section 321I.10, subsection 6, Code 2026, is 9 amended to read as follows: 10 6. All-terrain vehicles A person shall not be operated 11 operate an all-terrain vehicle or off-road utility vehicle on 12 snowmobile trails except where designated by the controlling 13 authority and the primary snowmobile trail sponsor. 14 Sec. 11. Section 331.362, subsection 9, Code 2026, is 15 amended to read as follows: 16 9. A county may regulate traffic on and use of the secondary 17 roads, in accordance with sections 321.234A, 321.236 through 18 321.239, 321.241 , 321.247 through 321.250 , 321.254 , 321.255 , 19 section 321.285, subsection 4 , sections 321.352 , 321.471 20 through 321.473 , and other applicable provisions of chapter 21 321 , chapter 321E , and sections 321G.9 , 321I.10 , and 327G.15 . 22 Sec. 12. Section 805.8B, subsection 2A, paragraph b, 23 subparagraph (2), Code 2026, is amended to read as follows: 24 (2) For operating violations under section 321I.10, 25 subsections 1 and subsection 6, the scheduled fine is seventy 26 dollars. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 Under current law, all-terrain vehicles (ATVs), including 31 off-road utility vehicles, are generally prohibited from being 32 operated on a highway. Exceptions to this general prohibition 33 exist, including under Code section 321.234A, for ATVs 34 operated incidental to the ATV’s use for agricultural purposes, 35 -4- LSB 6820XC (4) 91 th/ns 4/ 6
S.F. _____ incidental to the ATV’s use for the purpose of surveying by a 1 licensed engineer or land surveyor, by an employee or agent 2 of a political subdivision or public utility for the purpose 3 of construction or maintenance on or adjacent to the highway, 4 by an employee or agent of a public agency for the purpose 5 of providing emergency services or rescue, for the purpose 6 of mowing, installing approved trail signs, or providing 7 maintenance on a snowmobile or ATV trail designated by the 8 department of natural resources (DNR), in accordance with Code 9 section 321I.10, and to cross a highway. A person operating 10 an ATV on a highway must have a valid driver’s license and 11 cannot exceed 35 miles per hour (MPH). In addition, unless a 12 person is operating the ATV incidental to the ATV’s use for 13 agricultural purposes, the person must be at least 18 years 14 old, have financial liability coverage (insurance) for the 15 ATV, and carry proof of the insurance. Code section 321I.10 16 also provides certain exceptions and authorizes a person to 17 operate an ATV, so long as it is registered under Code chapter 18 321I, on undivided two-lane primary highways that are not part 19 of the interstate road system and paved secondary roads, but 20 only between locations where ATVs are otherwise authorized to 21 be operated, on state park road systems, unpaved secondary 22 roads, and paved, undivided secondary roads if authorized by 23 the county board of supervisors. A city may regulate the 24 operation of registered ATVs and may designate streets under 25 the jurisdiction of the city within its corporate limits, and 26 two-lane primary and secondary road extensions in the city, 27 which may be used for the operation of such ATVs. Because 28 an ATV is limited to highway speeds not greater than 35 MPH, 29 when operated on a highway, an ATV must be identified with 30 a reflective device in accordance with the standards of the 31 American society of agricultural engineers pursuant to Code 32 section 321.383(2). 33 This bill strikes provisions relating to the operation 34 of ATVs on highways, other than provisions regulating the 35 -5- LSB 6820XC (4) 91 th/ns 5/ 6
S.F. _____ operation of ATVs on state park road systems, from Code section 1 321I.10 and moves the provisions to Code section 321.234A. The 2 bill strikes the requirement that an unregistered ATV may be 3 operated incidental to the ATV’s use for agricultural purposes 4 only from sunrise to sunset. In accordance with current law, 5 an ATV is a motor vehicle and therefore must be equipped with 6 the parts, lamps, and other equipment in proper condition 7 and adjustment as required under Code chapter 321 for motor 8 vehicles. Current law specifies certain Code sections for 9 which this applies, including Code sections 321.386, 321.387, 10 321.404, 321.432, and 321.437. The bill strikes these specific 11 Code section references. Striking these references does not 12 eliminate the requirement for an ATV to be properly equipped by 13 law. However, the bill provides an exception for requirements 14 which by their nature cannot apply to ATVs. Similar exceptions 15 exist under current law for bicycles and animal-drawn vehicles. 16 Under current law, a city is prohibited from charging a fee 17 to operate a registered ATV within the city. The bill retains 18 this prohibition and also prohibits counties from charging a 19 fee to operate a registered ATV within the county. 20 A person who operates an ATV on a highway in violation 21 of the bill commits a simple misdemeanor punishable by a $70 22 scheduled fine. 23 The bill modifies the current prohibition against operating 24 an ATV on snowmobile trails under Code section 321I.10 by 25 expanding the prohibition to off-road utility vehicles and 26 modifying the exception for snowmobile trails designated by 27 the controlling authority and the primary snowmobile sponsor, 28 rather than designated by the controlling authority and the 29 primary snowmobile trail sponsor. 30 The bill makes conforming changes. 31 The bill does not amend provisions requiring a person to 32 register an ATV with the DNR through a country recorder to 33 operate on certain highways, and on public land, public ice, 34 and designated riding trails. 35 -6- LSB 6820XC (4) 91 th/ns 6/ 6