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House File 2130 - EnrolledAn Actrelating to registered all-terrain vehicles and off-road
utility vehicles, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.234A, subsection 1, paragraph f,
Code 2022, is amended to read as follows:
f. The all-terrain vehicle is operated on a county roadway
primary highway in accordance with section 321I.10, subsection
1A, a secondary road in accordance with section 321I.10,
subsection 2, or a city street in accordance with section
321I.10, subsection 3.
Sec. 2. Section 321.234A, subsection 2, Code 2022, is
amended to read as follows:
2. A person operating an all-terrain vehicle on a highway
shall have a valid driver’s license and the vehicle shall be
operated operate the vehicle at speeds of thirty-five miles per
hour or less. In addition, a person operating an all-terrain
vehicle on a highway pursuant to subsection 1, paragraphs “b”
through “g”, shall be at least eighteen years of age and have
financial liability coverage in effect for the vehicle and
carry proof of such financial liability coverage in accordance
with section 321.20B.
Sec. 3. Section 321.234A, Code 2022, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. 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.
Sec. 4. Section 321.384, subsection 1, Code 2022, is amended
to read as follows:
1. Every motor vehicle upon a highway within the state,
at any time from sunset to sunrise, and at such other times
when conditions such as fog, snow, sleet, or rain provide
insufficient lighting to render clearly discernible persons
and vehicles on the highway at a distance of five hundred feet
-1-ahead, shall display lighted headlamps as provided in section
321.415, subject to exceptions with respect to parked vehicles
as provided in this chapter. However, an all-terrain vehicle
shall display lighted headlamps as provided in section 321.415
at all times while the vehicle is operated on a highway.
Sec. 5. Section 321.385, Code 2022, is amended to read as
follows:
321.385 Headlamps on motor vehicles.
Every motor vehicle other than a motorcycle ,or motorized
bicycle, or all-terrain vehicle shall be equipped with at least
two headlamps with at least one on each side of the front
of the motor vehicle, which headlamps shall comply with the
requirements and limitations set forth in this chapter.
Sec. 6. Section 321.386, Code 2022, is amended to read as
follows:
321.386 Headlamps on motorcycles ,and motorized bicycles, and
all-terrain vehicles.
Every motorcycle ,and motorized bicycle, and all-terrain
vehicle shall be equipped with at least one and not more than
two headlamps which shall comply with the requirements and
limitations of this chapter.
Sec. 7. Section 321I.8, subsection 2, Code 2022, is amended
to read as follows:
2. The department shall remit the fees, including user
fees collected pursuant to section 321I.5, to the treasurer
of state, who shall place the money in a special all-terrain
vehicle fund. The money is appropriated to the department for
the all-terrain vehicle programs of the state. The programs
shall include grants, subgrants, contracts, or cost-sharing
of all-terrain vehicle programs with political subdivisions
or incorporated private organizations or both in accordance
with rules adopted by the commission. All-terrain vehicle fees
may be used for the establishment, maintenance, and operation
of all-terrain vehicle recreational riding areas through
the awarding of grants administered by the department, but
-2-shall not be used for law enforcement purposes outside of a
designated off-highway vehicle recreational riding area or for
purchasing, installing, or maintaining signs along a highway
outside of a designated off-highway vehicle recreational
riding area. All-terrain vehicle recreational riding areas
established, maintained, or operated by the use of such
grants shall not be operated for profit. All programs using
cost-sharing, grants, subgrants, or contracts shall establish
and implement an education instruction program either singly
or in cooperation with other all-terrain vehicle programs.
All-terrain vehicle fees may be used to support all-terrain
vehicle programs on a usage basis. At least fifty percent of
the special fund shall be available for political subdivisions
or incorporated private organizations or both. Moneys from
the special fund not used by the political subdivisions or
incorporated private organizations or both shall remain in the
fund and may be used by the department for the administration
of the all-terrain vehicle programs. Notwithstanding
section 8.33, moneys in the special fund shall not revert to
the general fund of the state at the end of a fiscal year.
Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys in the special fund shall remain in the
fund.
Sec. 8. Section 321I.10, Code 2022, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. A registered all-terrain vehicle
or off-road utility vehicle may be operated on an undivided
two-lane primary highway that is not part of the interstate
road system over the most direct and accessible route between
any of the following locations:
a. An all-terrain vehicle park or trail.
b. A secondary road on which such vehicles are authorized
to operate under subsection 2.
c. A city street on which such vehicles are authorized to
operate under subsection 3.
-3- d. The vehicle operator’s residence.
Sec. 9. Section 321I.10, subsections 2 and 3, Code 2022, are
amended to read as follows:
2. a. A registered all-terrain vehicle or off-road
utility vehicle may be operated on any of the roadways of that
portion of county highways designated by the county board of
supervisors for such use during a specified period following
secondary roads:
(1) An unpaved secondary road.
(2) A paved, undivided two-lane secondary road over the
most direct and accessible route between any of the following
locations:
(a) An all-terrain vehicle park or trail.
(b) Another secondary road on which such vehicles are
authorized to operate under this paragraph.
(c) A city street on which such vehicles are authorized to
operate under subsection 3.
(d) The vehicle operator’s residence.
(3) A paved, undivided secondary road or segment thereof,
if authorized by the county board of supervisors. The county
board of supervisors shall evaluate the traffic conditions on
all county highways such secondary roads under its jurisdiction
and designate roadways on which all-terrain vehicles or
off-road utility vehicles may be operated for the specified
period 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
and off-road utility vehicles to stop at service stations or
convenience stores along a designated roadway.
b. Notwithstanding paragraph “a”, a county may prohibit the
operation of all-terrain vehicles and off-road utility vehicles
on a secondary road or segment thereof under its jurisdiction
as follows:
(1) When the secondary road or segment thereof is closed to
motor vehicle traffic pursuant to section 306.41.
-4- (2) When the secondary road or segment thereof is designated
as a detour route pursuant to section 306.41.
(3) 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.
3. Cities A city may regulate the operation of registered
all-terrain vehicles and off-road utility vehicles and may
designate streets under the jurisdiction of cities the city
within their respective its corporate limits, and two-lane
primary and secondary road extensions in the city, which may
be used for the operation of registered all-terrain vehicles
or registered off-road utility such vehicles. In designating
such streets, the city may authorize all-terrain vehicles
and off-road utility vehicles to stop at service stations or
convenience stores along a designated street. However, a city
shall not charge a fee to operate a registered all-terrain
vehicle or off-road utility vehicle within the city.
Sec. 10. Section 321I.10, subsection 5, unnumbered
paragraph 1, Code 2022, is amended to read as follows:
An all-terrain vehicle or off-road utility vehicle may
make a direct crossing of a highway that is not part of the
interstate road system provided all of the following occur:
Sec. 11. Section 321I.10, subsection 5, paragraph e, Code
2022, is amended to read as follows:
e. The crossing is made from a street, roadway, or highway
designated as an all-terrain vehicle trail by a state agency,
county, or city on which the all-terrain vehicle or off-road
utility vehicle is authorized to operate to a street, roadway,
or highway designated as an all-terrain vehicle trail by
a state agency, county, or city on which such vehicle is
authorized to operate.
-5-______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 2130, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2022______________________________
KIM REYNOLDSGovernorth/ns/md
utility vehicles, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.234A, subsection 1, paragraph f,
Code 2022, is amended to read as follows:
f. The all-terrain vehicle is operated on a county roadway
primary highway in accordance with section 321I.10, subsection
1A, a secondary road in accordance with section 321I.10,
subsection 2, or a city street in accordance with section
321I.10, subsection 3.
Sec. 2. Section 321.234A, subsection 2, Code 2022, is
amended to read as follows:
2. A person operating an all-terrain vehicle on a highway
shall have a valid driver’s license and the vehicle shall be
operated operate the vehicle at speeds of thirty-five miles per
hour or less. In addition, a person operating an all-terrain
vehicle on a highway pursuant to subsection 1, paragraphs “b”
through “g”, shall be at least eighteen years of age and have
financial liability coverage in effect for the vehicle and
carry proof of such financial liability coverage in accordance
with section 321.20B.
Sec. 3. Section 321.234A, Code 2022, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. 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.
Sec. 4. Section 321.384, subsection 1, Code 2022, is amended
to read as follows:
1. Every motor vehicle upon a highway within the state,
at any time from sunset to sunrise, and at such other times
when conditions such as fog, snow, sleet, or rain provide
insufficient lighting to render clearly discernible persons
and vehicles on the highway at a distance of five hundred feet
-1-ahead, shall display lighted headlamps as provided in section
321.415, subject to exceptions with respect to parked vehicles
as provided in this chapter. However, an all-terrain vehicle
shall display lighted headlamps as provided in section 321.415
at all times while the vehicle is operated on a highway.
Sec. 5. Section 321.385, Code 2022, is amended to read as
follows:
321.385 Headlamps on motor vehicles.
Every motor vehicle other than a motorcycle ,or motorized
bicycle, or all-terrain vehicle shall be equipped with at least
two headlamps with at least one on each side of the front
of the motor vehicle, which headlamps shall comply with the
requirements and limitations set forth in this chapter.
Sec. 6. Section 321.386, Code 2022, is amended to read as
follows:
321.386 Headlamps on motorcycles ,and motorized bicycles, and
all-terrain vehicles.
Every motorcycle ,and motorized bicycle, and all-terrain
vehicle shall be equipped with at least one and not more than
two headlamps which shall comply with the requirements and
limitations of this chapter.
Sec. 7. Section 321I.8, subsection 2, Code 2022, is amended
to read as follows:
2. The department shall remit the fees, including user
fees collected pursuant to section 321I.5, to the treasurer
of state, who shall place the money in a special all-terrain
vehicle fund. The money is appropriated to the department for
the all-terrain vehicle programs of the state. The programs
shall include grants, subgrants, contracts, or cost-sharing
of all-terrain vehicle programs with political subdivisions
or incorporated private organizations or both in accordance
with rules adopted by the commission. All-terrain vehicle fees
may be used for the establishment, maintenance, and operation
of all-terrain vehicle recreational riding areas through
the awarding of grants administered by the department, but
-2-shall not be used for law enforcement purposes outside of a
designated off-highway vehicle recreational riding area or for
purchasing, installing, or maintaining signs along a highway
outside of a designated off-highway vehicle recreational
riding area. All-terrain vehicle recreational riding areas
established, maintained, or operated by the use of such
grants shall not be operated for profit. All programs using
cost-sharing, grants, subgrants, or contracts shall establish
and implement an education instruction program either singly
or in cooperation with other all-terrain vehicle programs.
All-terrain vehicle fees may be used to support all-terrain
vehicle programs on a usage basis. At least fifty percent of
the special fund shall be available for political subdivisions
or incorporated private organizations or both. Moneys from
the special fund not used by the political subdivisions or
incorporated private organizations or both shall remain in the
fund and may be used by the department for the administration
of the all-terrain vehicle programs. Notwithstanding
section 8.33, moneys in the special fund shall not revert to
the general fund of the state at the end of a fiscal year.
Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys in the special fund shall remain in the
fund.
Sec. 8. Section 321I.10, Code 2022, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. A registered all-terrain vehicle
or off-road utility vehicle may be operated on an undivided
two-lane primary highway that is not part of the interstate
road system over the most direct and accessible route between
any of the following locations:
a. An all-terrain vehicle park or trail.
b. A secondary road on which such vehicles are authorized
to operate under subsection 2.
c. A city street on which such vehicles are authorized to
operate under subsection 3.
-3- d. The vehicle operator’s residence.
Sec. 9. Section 321I.10, subsections 2 and 3, Code 2022, are
amended to read as follows:
2. a. A registered all-terrain vehicle or off-road
utility vehicle may be operated on any of the roadways of that
portion of county highways designated by the county board of
supervisors for such use during a specified period following
secondary roads:
(1) An unpaved secondary road.
(2) A paved, undivided two-lane secondary road over the
most direct and accessible route between any of the following
locations:
(a) An all-terrain vehicle park or trail.
(b) Another secondary road on which such vehicles are
authorized to operate under this paragraph.
(c) A city street on which such vehicles are authorized to
operate under subsection 3.
(d) The vehicle operator’s residence.
(3) A paved, undivided secondary road or segment thereof,
if authorized by the county board of supervisors. The county
board of supervisors shall evaluate the traffic conditions on
all county highways such secondary roads under its jurisdiction
and designate roadways on which all-terrain vehicles or
off-road utility vehicles may be operated for the specified
period 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
and off-road utility vehicles to stop at service stations or
convenience stores along a designated roadway.
b. Notwithstanding paragraph “a”, a county may prohibit the
operation of all-terrain vehicles and off-road utility vehicles
on a secondary road or segment thereof under its jurisdiction
as follows:
(1) When the secondary road or segment thereof is closed to
motor vehicle traffic pursuant to section 306.41.
-4- (2) When the secondary road or segment thereof is designated
as a detour route pursuant to section 306.41.
(3) 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.
3. Cities A city may regulate the operation of registered
all-terrain vehicles and off-road utility vehicles and may
designate streets under the jurisdiction of cities the city
within their respective its corporate limits, and two-lane
primary and secondary road extensions in the city, which may
be used for the operation of registered all-terrain vehicles
or registered off-road utility such vehicles. In designating
such streets, the city may authorize all-terrain vehicles
and off-road utility vehicles to stop at service stations or
convenience stores along a designated street. However, a city
shall not charge a fee to operate a registered all-terrain
vehicle or off-road utility vehicle within the city.
Sec. 10. Section 321I.10, subsection 5, unnumbered
paragraph 1, Code 2022, is amended to read as follows:
An all-terrain vehicle or off-road utility vehicle may
make a direct crossing of a highway that is not part of the
interstate road system provided all of the following occur:
Sec. 11. Section 321I.10, subsection 5, paragraph e, Code
2022, is amended to read as follows:
e. The crossing is made from a street, roadway, or highway
designated as an all-terrain vehicle trail by a state agency,
county, or city on which the all-terrain vehicle or off-road
utility vehicle is authorized to operate to a street, roadway,
or highway designated as an all-terrain vehicle trail by
a state agency, county, or city on which such vehicle is
authorized to operate.
-5-______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 2130, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2022______________________________
KIM REYNOLDSGovernorth/ns/md