SSB 3131 (LSB 6820XC (4) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON ZUMBACH)

A BILL FOR

An Act relating to operating all-terrain vehicles on highways, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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