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House File 140 - IntroducedA Bill ForAn Act 1relating to all-terrain vehicles, including financial
2liability coverage for, registration of, and parks
3and trails designated for use by all-terrain vehicles,
4making penalties applicable, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, subsection 4, Code 2021, is
2amended to read as follows:
34. “All-terrain vehicle” means a motor vehicle designed to
4travel on three four or more wheels and designed primarily for
5off-road recreational use, and also includes off-road utility
6vehicles and off-road motorcycles required to register under
7chapter 321I. “All-terrain vehicle” includes off-road utility
8vehicles, but does not include farm tractors or equipment,
9construction equipment, forestry vehicles, or lawn and grounds
10maintenance vehicles.
11 Sec. 2. Section 321.1, subsection 47A, Code 2021, is amended
12by striking the subsection.
13 Sec. 3. Section 321.234A, subsections 2 and 4, Code 2021,
14are amended to read as follows:
152. A person operating an all-terrain vehicle on a highway
16shall have a valid driver’s license and the vehicle shall be
17operated at speeds of thirty-five miles per hour or less. A
18person shall not operate an all-terrain vehicle on a highway,
19other than for purposes of crossing the highway pursuant to
20section 321I.10, subsection 5, unless financial liability
21coverage is in effect for the all-terrain vehicle and unless
22the person has proof of financial liability coverage for the
23all-terrain vehicle as provided in section 321.20B.
244. A person convicted of a violation of this section other
25than a violation relating to financial liability coverage
26 is guilty of a simple misdemeanor punishable as a scheduled
27violation under section 805.8A, subsection 3. A violation of
28this section relating to financial liability coverage shall be
29considered a violation of section 321.20B, and the violation
30shall be dealt with in accordance with that section.
31 Sec. 4. Section 321I.1, subsection 1, Code 2021, is amended
32to read as follows:
331. a. “All-terrain vehicle” means a motorized vehicle
34with not less than three four and not more than six nonhighway
35tires that is limited in engine displacement to less than one
-1-1thousand cubic centimeters and in total dry weight to less than
2one thousand two hundred pounds and that has a seat or saddle
3designed to be straddled by the operator and handlebars for
4steering control.
5b. Off-road motorcycles shall be considered all-terrain
6vehicles for the purpose of registration. Off-road motorcycles
7shall also be considered all-terrain vehicles for the purpose
8of titling if a title has not previously been issued pursuant
9to chapter 321. An operator of an off-road motorcycle is
10subject to provisions governing the operation of all-terrain
11vehicles in this chapter, but is exempt from the education
12instruction and certification program requirements of sections
13321I.25 and 321I.26.
14 Sec. 5. Section 321I.1, subsection 17, paragraph b, Code
152021, is amended by striking the paragraph.
16 Sec. 6. NEW SECTION. 321I.1A Applicability of chapter to
17off-road motorcycles and off-road utility vehicles.
181. Off-road motorcycles. Off-road motorcycles shall
19be considered all-terrain vehicles for the purpose of
20registration. Off-road motorcycles shall also be considered
21all-terrain vehicles for the purpose of titling if a title
22has not previously been issued pursuant to chapter 321. The
23operator of an off-road motorcycle is subject to provisions
24governing the operation of all-terrain vehicles in section
25321.234A, this chapter, and administrative rules, but is exempt
26from the education instruction and certification program
27requirements of sections 321I.25 and 321I.26.
282. Off-road utility vehicles. The operator of an off-road
29utility vehicle is subject to provisions governing the
30operation of all-terrain vehicles in section 321.234A, this
31chapter, and administrative rules, but is exempt from the
32education instruction and certification program requirements
33of sections 321I.25 and 321I.26. An operator of an off-road
34utility vehicle shall not operate the vehicle on a designated
35riding area or designated riding trail unless the department
-2-1has posted signage indicating the riding area or trail is
2open to the operation of off-road utility vehicles. Off-road
3utility vehicles are subject to the registration and titling
4requirements of this chapter, including those related to
5dealers. However, a motorized vehicle that was previously
6titled or is currently titled under chapter 321 shall not be
7registered or operated as an off-road utility vehicle.
8 Sec. 7. Section 321I.4, Code 2021, is amended to read as
9follows:
10321I.4 Registration — fee.
111. The owner of each all-terrain vehicle required to be
12registered shall register it annually with the department
13either through the department’s internet site or through a
14county recorder. The department shall develop and maintain an
15electronic system for the registration of all-terrain vehicles
16pursuant to this chapter. The department shall establish forms
17and procedures as necessary for the registration of all-terrain
18vehicles and shall ensure all registration and renewal
19applications and payment of associated fees may be completed
20and submitted through the department’s internet site.
212. a. The owner of the all-terrain vehicle shall file an
22application for registration or renewal with the department
23either through the department’s internet site or through the
24county recorder of the county of residence, or in the case
25of a nonresident owner, in the county of primary use, in the
26manner established by the commission. The application shall
27be completed by the owner and shall be accompanied by a fee
28of fifteen dollars, and a writing fee as provided in section
29321I.29 if filed with a county recorder. An all-terrain
30vehicle shall not be registered by the county recorder until
31the county recorder is presented with the owner presents proof
32that the sales or use tax has been paid for the purchase of
33the all-terrain vehicle or that the owner is exempt from
34paying the tax. Such proof may include but is not limited to
35 receipts, bills of sale, or other satisfactory evidence that
-3-1the sales or use tax has been paid for the purchase of the
2all-terrain vehicle or that the owner is exempt from paying the
3tax. An all-terrain vehicle that has an expired registration
4certificate from another state may be registered in this state
5upon proper application, payment of all applicable registration
6and writing fees, and payment of a penalty of five dollars.
7b. If the owner of the all-terrain vehicle is unable to
8present satisfactory evidence that the sales or use tax has
9been paid or the owner is exempt from the tax, the department
10of natural resources or the county recorder, as applicable,
11 shall collect the tax. On or before the tenth day of each
12month, the department of natural resources or the county
13recorder, as applicable, shall remit to the department of
14revenue the amount of the taxes collected during the preceding
15month, together with an itemized statement on forms furnished
16by the department of revenue showing the name of each taxpayer,
17the make and purchase price of each all-terrain vehicle,
18the amount of tax paid, and such other information as the
19department of revenue requires.
203. Upon receipt of the application in approved form
21accompanied by the required fees, the department or county
22recorder, as applicable, shall issue to the applicant a
23registration certificate and registration decal. The
24registration decal shall be displayed on the all-terrain
25vehicle as provided in section 321I.6. The registration
26certificate shall be carried either in the all-terrain vehicle
27or on the person of the operator of the all-terrain vehicle
28when in use. The operator of an all-terrain vehicle shall
29exhibit the registration certificate to a peace officer upon
30request, to a person injured in an accident involving an
31all-terrain vehicle, to the owner or operator of another
32all-terrain vehicle or the owner of personal or real property
33when the all-terrain vehicle is involved in a collision or
34accident of any nature with another all-terrain vehicle or the
35property of another person, or to the property owner or tenant
-4-1when the all-terrain vehicle is being operated on private
2property without permission from the property owner or tenant.
3 Sec. 8. Section 321I.7, subsection 1, paragraph b, Code
42021, is amended to read as follows:
5b. After the first day of September an unregistered
6all-terrain vehicle may be registered for the remainder of the
7current registration year and for the subsequent registration
8year in one transaction. The fee shall be five dollars for the
9remainder of the current year, in addition to the registration
10fee of fifteen dollars for the subsequent year beginning
11January 1, and a writing fee as provided in section 321I.29 if
12filed with a county recorder.
13 Sec. 9. Section 321I.7, subsections 2, 3, and 5, Code 2021,
14are amended to read as follows:
152. An expired all-terrain vehicle registration may be
16renewed for the same fee as if the owner is securing the
17original registration plus a penalty of five dollars, and a
18writing fee as provided in section 321I.29 if filed with a
19county recorder.
203. Duplicate registrations may be issued by a county
21recorder or a license agent upon the payment of a five dollar
22 five-dollar fee, plus a writing fee as provided in section
23321I.29 if filed with a county recorder.
245. A county recorder or a license agent designated by the
25director pursuant to section 483A.11 may issue all-terrain
26vehicle registration renewals electronically pursuant to rules
27adopted by the commission. The fee for a registration renewal
28issued using an electronic system is fifteen dollars plus an
29administrative fee established by the commission and a writing
30fee as provided in section 321I.29.
31 Sec. 10. NEW SECTION. 321I.10A Public access to all-terrain
32vehicle parks and trails — information.
331. The department shall create, maintain, and publish on
34its internet site a database of parks and trails where members
35of the public are allowed to operate all-terrain vehicles as
-5-1designated by the department.
22. An all-terrain vehicle displaying a valid registration
3decal is allowed to operate in department-designated
4all-terrain vehicle parks and on department-designated
5all-terrain vehicle trails.
63. An entity who owns or controls a park or trail where
7members of the public are allowed to operate all-terrain
8vehicles but that is not designated by the department may
9submit information about the park or trail, including but not
10limited to rules of operation, allowable operating hours,
11permit requirements and fees, current conditions of the
12trails, and any other information the department may require
13by rule, to the department and the department shall publish
14the information in the database required by subsection 1
15in a manner that distinguishes the park or trail from a
16department-designated park or trail.
17 Sec. 11. EFFECTIVE DATE. This Act takes effect January 1,
182022.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22CODE CHAPTER 321.This bill redefines all-terrain vehicle
23(ATV) under Code chapter 321 (motor vehicles and law of the
24road) to mean a motor vehicle designed to travel on four,
25instead of three, or more wheels and designed primarily for
26off-road recreational use, and to include off-road utility
27vehicles and off-road motorcycles required to register under
28Code chapter 321I (ATVs). Under Code chapter 321, ATVs are
29subject to certain provisions relating to the conditions under
30which an ATV can be operated on a highway, driver’s license and
31speed restrictions, and the conditions under which an ATV is
32considered an implement of husbandry (Code sections 321.1(32)
33and 321.234A).
34The bill clarifies that a person is prohibited from
35operating an ATV, off-road motorcycle, or off-road utility
-6-1vehicle on a highway, other than for purposes of crossing the
2highway, unless financial liability coverage is in effect
3for the vehicle and unless the person has proof of financial
4liability coverage while operating the vehicle. Under current
5law, proof of financial liability coverage may be produced
6in paper or electronic format, including electronic images
7displayed on a cellular telephone. Financial liability
8coverage generally requires coverage in the amount of $20,000
9because of bodily injury to or death of one person in any one
10accident, $40,000 because of bodily injury to or death of
11two or more persons in any one accident, and $15,000 because
12of injury to or destruction of property of others in any one
13accident.
14A person convicted of violating the financial liability
15coverage requirements in connection with a motor vehicle
16accident is guilty of a simple misdemeanor punishable by a
17scheduled fine of $645. A person otherwise convicted of
18violating the financial liability coverage requirements is
19guilty of a simple misdemeanor punishable by a scheduled fine
20of $325. The person may also be subject to removal of the
21vehicle’s registration decal and impoundment of the vehicle.
22However, the citation may be dismissed if the person later
23presents proof that coverage was in effect.
24Other violations of Code section 321.234A are punishable by
25a scheduled fine of $70.
26CODE CHAPTER 321I. Under Code chapter 321I, the bill
27redefines ATV to mean a motorized vehicle with not less than
28four, instead of three, and not more than six nonhighway tires
29that is limited in engine displacement and that has a seat or
30saddle designed to be straddled by the operator and handlebars
31for steering control. As a result, three-wheel vehicles are
32no longer subject to the registration requirements under Code
33chapter 321I for off-road use and may be required to register
34as a motorcycle or motorized bicycle for on-road use under Code
35chapter 321.
-7- 1The bill strikes certain substantive provisions from
2definitions and reenacts them with certain conforming changes
3in new Code section 321I.1A.
4Current law requires the owner of an ATV required to be
5registered to register the ATV annually with the department of
6natural resources (DNR). The registration application must
7be filed with the DNR through the county recorder’s office in
8the applicant’s county of residence, or for a nonresident ATV
9owner, the county in which the ATV is primarily used.
10The bill requires the DNR to allow an applicant to register,
11renew, and pay associated fees for an ATV registration
12through its internet site. Depending on how the registration
13application is filed, the DNR or county recorder is required
14to issue to the applicant a registration certificate and
15registration decal.
16The bill requires the DNR to create, maintain, and publish
17on its internet site a database of parks and trails designated
18by the DNR for use by ATVs operated by the public. The bill
19clarifies that all ATVs displaying a valid registration decal
20shall be allowed to be operated at DNR-designated ATV parks and
21on DNR-designated ATV trails.
22The bill allows ATV parks and trails that are available to
23the public but not designated as such by the DNR to submit
24certain information about the park or trail, including but
25not limited to rules of operation, allowable operating hours,
26permit requirements and fees, current conditions of the trails,
27and any other information the DNR may require by rule, to the
28DNR and the DNR shall publish the information received in the
29database in a manner that distinguishes the park or trail from
30a DNR-designated park or trail.
31The bill takes effect January 1, 2022.
-8-th/ns
2liability coverage for, registration of, and parks
3and trails designated for use by all-terrain vehicles,
4making penalties applicable, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, subsection 4, Code 2021, is
2amended to read as follows:
34. “All-terrain vehicle” means a motor vehicle designed to
4travel on three four or more wheels and designed primarily for
5off-road recreational use, and also includes off-road utility
6vehicles and off-road motorcycles required to register under
7chapter 321I. “All-terrain vehicle” includes off-road utility
8vehicles, but does not include farm tractors or equipment,
9construction equipment, forestry vehicles, or lawn and grounds
10maintenance vehicles.
11 Sec. 2. Section 321.1, subsection 47A, Code 2021, is amended
12by striking the subsection.
13 Sec. 3. Section 321.234A, subsections 2 and 4, Code 2021,
14are amended to read as follows:
152. A person operating an all-terrain vehicle on a highway
16shall have a valid driver’s license and the vehicle shall be
17operated at speeds of thirty-five miles per hour or less. A
18person shall not operate an all-terrain vehicle on a highway,
19other than for purposes of crossing the highway pursuant to
20section 321I.10, subsection 5, unless financial liability
21coverage is in effect for the all-terrain vehicle and unless
22the person has proof of financial liability coverage for the
23all-terrain vehicle as provided in section 321.20B.
244. A person convicted of a violation of this section other
25than a violation relating to financial liability coverage
26 is guilty of a simple misdemeanor punishable as a scheduled
27violation under section 805.8A, subsection 3. A violation of
28this section relating to financial liability coverage shall be
29considered a violation of section 321.20B, and the violation
30shall be dealt with in accordance with that section.
31 Sec. 4. Section 321I.1, subsection 1, Code 2021, is amended
32to read as follows:
331. a. “All-terrain vehicle” means a motorized vehicle
34with not less than three four and not more than six nonhighway
35tires that is limited in engine displacement to less than one
-1-1thousand cubic centimeters and in total dry weight to less than
2one thousand two hundred pounds and that has a seat or saddle
3designed to be straddled by the operator and handlebars for
4steering control.
5b. Off-road motorcycles shall be considered all-terrain
6vehicles for the purpose of registration. Off-road motorcycles
7shall also be considered all-terrain vehicles for the purpose
8of titling if a title has not previously been issued pursuant
9to chapter 321. An operator of an off-road motorcycle is
10subject to provisions governing the operation of all-terrain
11vehicles in this chapter, but is exempt from the education
12instruction and certification program requirements of sections
13321I.25 and 321I.26.
14 Sec. 5. Section 321I.1, subsection 17, paragraph b, Code
152021, is amended by striking the paragraph.
16 Sec. 6. NEW SECTION. 321I.1A Applicability of chapter to
17off-road motorcycles and off-road utility vehicles.
181. Off-road motorcycles. Off-road motorcycles shall
19be considered all-terrain vehicles for the purpose of
20registration. Off-road motorcycles shall also be considered
21all-terrain vehicles for the purpose of titling if a title
22has not previously been issued pursuant to chapter 321. The
23operator of an off-road motorcycle is subject to provisions
24governing the operation of all-terrain vehicles in section
25321.234A, this chapter, and administrative rules, but is exempt
26from the education instruction and certification program
27requirements of sections 321I.25 and 321I.26.
282. Off-road utility vehicles. The operator of an off-road
29utility vehicle is subject to provisions governing the
30operation of all-terrain vehicles in section 321.234A, this
31chapter, and administrative rules, but is exempt from the
32education instruction and certification program requirements
33of sections 321I.25 and 321I.26. An operator of an off-road
34utility vehicle shall not operate the vehicle on a designated
35riding area or designated riding trail unless the department
-2-1has posted signage indicating the riding area or trail is
2open to the operation of off-road utility vehicles. Off-road
3utility vehicles are subject to the registration and titling
4requirements of this chapter, including those related to
5dealers. However, a motorized vehicle that was previously
6titled or is currently titled under chapter 321 shall not be
7registered or operated as an off-road utility vehicle.
8 Sec. 7. Section 321I.4, Code 2021, is amended to read as
9follows:
10321I.4 Registration — fee.
111. The owner of each all-terrain vehicle required to be
12registered shall register it annually with the department
13either through the department’s internet site or through a
14county recorder. The department shall develop and maintain an
15electronic system for the registration of all-terrain vehicles
16pursuant to this chapter. The department shall establish forms
17and procedures as necessary for the registration of all-terrain
18vehicles and shall ensure all registration and renewal
19applications and payment of associated fees may be completed
20and submitted through the department’s internet site.
212. a. The owner of the all-terrain vehicle shall file an
22application for registration or renewal with the department
23either through the department’s internet site or through the
24county recorder of the county of residence, or in the case
25of a nonresident owner, in the county of primary use, in the
26manner established by the commission. The application shall
27be completed by the owner and shall be accompanied by a fee
28of fifteen dollars, and a writing fee as provided in section
29321I.29 if filed with a county recorder. An all-terrain
30vehicle shall not be registered by the county recorder until
31the county recorder is presented with the owner presents proof
32that the sales or use tax has been paid for the purchase of
33the all-terrain vehicle or that the owner is exempt from
34paying the tax. Such proof may include but is not limited to
35 receipts, bills of sale, or other satisfactory evidence that
-3-1the sales or use tax has been paid for the purchase of the
2all-terrain vehicle or that the owner is exempt from paying the
3tax. An all-terrain vehicle that has an expired registration
4certificate from another state may be registered in this state
5upon proper application, payment of all applicable registration
6and writing fees, and payment of a penalty of five dollars.
7b. If the owner of the all-terrain vehicle is unable to
8present satisfactory evidence that the sales or use tax has
9been paid or the owner is exempt from the tax, the department
10of natural resources or the county recorder, as applicable,
11 shall collect the tax. On or before the tenth day of each
12month, the department of natural resources or the county
13recorder, as applicable, shall remit to the department of
14revenue the amount of the taxes collected during the preceding
15month, together with an itemized statement on forms furnished
16by the department of revenue showing the name of each taxpayer,
17the make and purchase price of each all-terrain vehicle,
18the amount of tax paid, and such other information as the
19department of revenue requires.
203. Upon receipt of the application in approved form
21accompanied by the required fees, the department or county
22recorder, as applicable, shall issue to the applicant a
23registration certificate and registration decal. The
24registration decal shall be displayed on the all-terrain
25vehicle as provided in section 321I.6. The registration
26certificate shall be carried either in the all-terrain vehicle
27or on the person of the operator of the all-terrain vehicle
28when in use. The operator of an all-terrain vehicle shall
29exhibit the registration certificate to a peace officer upon
30request, to a person injured in an accident involving an
31all-terrain vehicle, to the owner or operator of another
32all-terrain vehicle or the owner of personal or real property
33when the all-terrain vehicle is involved in a collision or
34accident of any nature with another all-terrain vehicle or the
35property of another person, or to the property owner or tenant
-4-1when the all-terrain vehicle is being operated on private
2property without permission from the property owner or tenant.
3 Sec. 8. Section 321I.7, subsection 1, paragraph b, Code
42021, is amended to read as follows:
5b. After the first day of September an unregistered
6all-terrain vehicle may be registered for the remainder of the
7current registration year and for the subsequent registration
8year in one transaction. The fee shall be five dollars for the
9remainder of the current year, in addition to the registration
10fee of fifteen dollars for the subsequent year beginning
11January 1, and a writing fee as provided in section 321I.29 if
12filed with a county recorder.
13 Sec. 9. Section 321I.7, subsections 2, 3, and 5, Code 2021,
14are amended to read as follows:
152. An expired all-terrain vehicle registration may be
16renewed for the same fee as if the owner is securing the
17original registration plus a penalty of five dollars, and a
18writing fee as provided in section 321I.29 if filed with a
19county recorder.
203. Duplicate registrations may be issued by a county
21recorder or a license agent upon the payment of a five dollar
22 five-dollar fee, plus a writing fee as provided in section
23321I.29 if filed with a county recorder.
245. A county recorder or a license agent designated by the
25director pursuant to section 483A.11 may issue all-terrain
26vehicle registration renewals electronically pursuant to rules
27adopted by the commission. The fee for a registration renewal
28issued using an electronic system is fifteen dollars plus an
29administrative fee established by the commission and a writing
30fee as provided in section 321I.29.
31 Sec. 10. NEW SECTION. 321I.10A Public access to all-terrain
32vehicle parks and trails — information.
331. The department shall create, maintain, and publish on
34its internet site a database of parks and trails where members
35of the public are allowed to operate all-terrain vehicles as
-5-1designated by the department.
22. An all-terrain vehicle displaying a valid registration
3decal is allowed to operate in department-designated
4all-terrain vehicle parks and on department-designated
5all-terrain vehicle trails.
63. An entity who owns or controls a park or trail where
7members of the public are allowed to operate all-terrain
8vehicles but that is not designated by the department may
9submit information about the park or trail, including but not
10limited to rules of operation, allowable operating hours,
11permit requirements and fees, current conditions of the
12trails, and any other information the department may require
13by rule, to the department and the department shall publish
14the information in the database required by subsection 1
15in a manner that distinguishes the park or trail from a
16department-designated park or trail.
17 Sec. 11. EFFECTIVE DATE. This Act takes effect January 1,
182022.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22CODE CHAPTER 321.This bill redefines all-terrain vehicle
23(ATV) under Code chapter 321 (motor vehicles and law of the
24road) to mean a motor vehicle designed to travel on four,
25instead of three, or more wheels and designed primarily for
26off-road recreational use, and to include off-road utility
27vehicles and off-road motorcycles required to register under
28Code chapter 321I (ATVs). Under Code chapter 321, ATVs are
29subject to certain provisions relating to the conditions under
30which an ATV can be operated on a highway, driver’s license and
31speed restrictions, and the conditions under which an ATV is
32considered an implement of husbandry (Code sections 321.1(32)
33and 321.234A).
34The bill clarifies that a person is prohibited from
35operating an ATV, off-road motorcycle, or off-road utility
-6-1vehicle on a highway, other than for purposes of crossing the
2highway, unless financial liability coverage is in effect
3for the vehicle and unless the person has proof of financial
4liability coverage while operating the vehicle. Under current
5law, proof of financial liability coverage may be produced
6in paper or electronic format, including electronic images
7displayed on a cellular telephone. Financial liability
8coverage generally requires coverage in the amount of $20,000
9because of bodily injury to or death of one person in any one
10accident, $40,000 because of bodily injury to or death of
11two or more persons in any one accident, and $15,000 because
12of injury to or destruction of property of others in any one
13accident.
14A person convicted of violating the financial liability
15coverage requirements in connection with a motor vehicle
16accident is guilty of a simple misdemeanor punishable by a
17scheduled fine of $645. A person otherwise convicted of
18violating the financial liability coverage requirements is
19guilty of a simple misdemeanor punishable by a scheduled fine
20of $325. The person may also be subject to removal of the
21vehicle’s registration decal and impoundment of the vehicle.
22However, the citation may be dismissed if the person later
23presents proof that coverage was in effect.
24Other violations of Code section 321.234A are punishable by
25a scheduled fine of $70.
26CODE CHAPTER 321I. Under Code chapter 321I, the bill
27redefines ATV to mean a motorized vehicle with not less than
28four, instead of three, and not more than six nonhighway tires
29that is limited in engine displacement and that has a seat or
30saddle designed to be straddled by the operator and handlebars
31for steering control. As a result, three-wheel vehicles are
32no longer subject to the registration requirements under Code
33chapter 321I for off-road use and may be required to register
34as a motorcycle or motorized bicycle for on-road use under Code
35chapter 321.
-7- 1The bill strikes certain substantive provisions from
2definitions and reenacts them with certain conforming changes
3in new Code section 321I.1A.
4Current law requires the owner of an ATV required to be
5registered to register the ATV annually with the department of
6natural resources (DNR). The registration application must
7be filed with the DNR through the county recorder’s office in
8the applicant’s county of residence, or for a nonresident ATV
9owner, the county in which the ATV is primarily used.
10The bill requires the DNR to allow an applicant to register,
11renew, and pay associated fees for an ATV registration
12through its internet site. Depending on how the registration
13application is filed, the DNR or county recorder is required
14to issue to the applicant a registration certificate and
15registration decal.
16The bill requires the DNR to create, maintain, and publish
17on its internet site a database of parks and trails designated
18by the DNR for use by ATVs operated by the public. The bill
19clarifies that all ATVs displaying a valid registration decal
20shall be allowed to be operated at DNR-designated ATV parks and
21on DNR-designated ATV trails.
22The bill allows ATV parks and trails that are available to
23the public but not designated as such by the DNR to submit
24certain information about the park or trail, including but
25not limited to rules of operation, allowable operating hours,
26permit requirements and fees, current conditions of the trails,
27and any other information the DNR may require by rule, to the
28DNR and the DNR shall publish the information received in the
29database in a manner that distinguishes the park or trail from
30a DNR-designated park or trail.
31The bill takes effect January 1, 2022.
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