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House File 248 - IntroducedA Bill ForAn Act 1relating to the operation of all-terrain vehicles
2on highways upon registration with the department of
3transportation, providing a registration fee, and providing
4penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, subsection 32, Code 2017, is
2amended to read as follows:
332. “Implement of husbandry” means a vehicle or special
4mobile equipment manufactured, designed, or reconstructed
5for agricultural purposes and, except for incidental uses,
6exclusively used in the conduct of agricultural operations.
7“Implements of husbandry” includes all-terrain vehicles operated
8in compliance with section 321.234A, subsection 1, paragraph
9“a”, but not registered for operation upon a highway pursuant
10to section 321.118, fence-line feeders, and vehicles used
11exclusively for the application of organic or inorganic plant
12food materials, organic agricultural limestone, or agricultural
13chemicals. To be considered an implement of husbandry, a
14self-propelled implement of husbandry must be operated at
15speeds of thirty-five miles per hour or less.
16a. “Reconstructed” as used in this subsection means
17materially altered from the original construction by the
18removal, addition, or substitution of essential parts, new or
19used.
20b. A vehicle covered under this subsection, if it otherwise
21qualifies, may be operated as special mobile equipment
22and under such circumstances this subsection shall not be
23applicable to such vehicle, and such vehicle shall not be
24required to comply with sections 321.384 through 321.423, when
25such vehicle is moved during daylight hours; however, the
26provisions of section 321.383 shall remain applicable to such
27vehicle.
28 Sec. 2. Section 321.1, subsection 47A, Code 2017, is amended
29to read as follows:
3047A. “Off-road utility vehicle” means a motorized
31flotation-tire vehicle with not less than four and not more
32than eight low-pressure tires that is limited in engine
33displacement to less than one thousand five hundred cubic
34centimeters and in total dry weight to not more than one two
35 thousand eight hundred pounds and that has a seat that is of
-1-1bucket or bench design, not intended to be straddled by the
2operator, and a steering wheel or control levers for control.
3“Off-road utility vehicle” does not include dune buggies, golf
4carts, go-carts, or minitrucks.
5 Sec. 3. Section 321.105A, subsection 2, paragraph c, Code
62017, is amended by adding the following new subparagraph:
7 NEW SUBPARAGRAPH. (32) An all-terrain vehicle which is
8exempt from the sales tax pursuant to section 423.3, subsection
98, or for which the applicant has paid the sales tax in this
10state or has paid to another state a state sales, use, or
11occupational tax.
12 Sec. 4. Section 321.109, subsection 1, paragraph a, Code
132017, is amended to read as follows:
14a. The annual fee for all motor vehicles including vehicles
15designated by manufacturers as station wagons, 1993 and
16subsequent model year multipurpose vehicles, and 2010 and
17subsequent model year motor trucks with an unladen weight of
18ten thousand pounds or less, except motor trucks registered
19under section 321.122, business-trade trucks, special trucks,
20motor homes, motorsports recreational vehicles, ambulances,
21hearses, all-terrain vehicles, autocycles, motorcycles,
22motorized bicycles, and 1992 and older model year multipurpose
23vehicles, shall be equal to one percent of the value as
24fixed by the department plus forty cents for each one hundred
25pounds or fraction thereof of weight of vehicle, as fixed
26by the department. The weight of a motor vehicle, fixed by
27the department for registration purposes, shall include the
28weight of a battery, heater, bumpers, spare tire, and wheel.
29Provided, however, that for any new vehicle purchased in
30this state by a nonresident for removal to the nonresident’s
31state of residence the purchaser may make application to the
32county treasurer in the county of purchase for a transit plate
33for which a fee of ten dollars shall be paid. And provided,
34however, that for any used vehicle held by a registered dealer
35and not currently registered in this state, or for any vehicle
-2-1held by an individual and currently registered in this state,
2when purchased in this state by a nonresident for removal to
3the nonresident’s state of residence, the purchaser may make
4application to the county treasurer in the county of purchase
5for a transit plate for which a fee of three dollars shall
6be paid. The county treasurer shall issue a nontransferable
7certificate of registration for which no refund shall be
8allowed; and the transit plates shall be void thirty days
9after issuance. Such purchaser may apply for a certificate
10of title by surrendering the manufacturer’s or importer’s
11certificate or certificate of title, duly assigned as provided
12in this chapter. In this event, the treasurer in the county
13of purchase shall, when satisfied with the genuineness and
14regularity of the application, and upon payment of a fee of
15twenty dollars, issue a certificate of title in the name and
16address of the nonresident purchaser delivering the title
17to the owner. If there is a security interest noted on the
18title, the county treasurer shall mail to the secured party an
19acknowledgment of the notation of the security interest. The
20county treasurer shall not release a security interest that
21has been noted on a title issued to a nonresident purchaser
22as provided in this paragraph. The application requirements
23of section 321.20 apply to a title issued as provided in this
24subsection, except that a natural person who applies for a
25certificate of title shall provide either the person’s social
26security number, passport number, or driver’s license number,
27whether the license was issued by this state, another state, or
28another country. The provisions of this subsection relating to
29multipurpose vehicles are effective for all 1993 and subsequent
30model years. The annual registration fee for multipurpose
31vehicles that are 1992 model years and older shall be in
32accordance with section 321.124.
33 Sec. 5. NEW SECTION. 321.118 All-terrain vehicles.
341. An all-terrain vehicle designed to travel on four or
35more wheels may be registered under this chapter for operation
-3-1on secondary roads and on city streets where authorized, as
2provided in this chapter, for an annual fee of fifty dollars.
3However, all-terrain vehicles registered under this section
4are not subject to the titling provisions of this chapter or
5to the manufacturer’s label requirement under section 321.30,
6subsection 2, paragraph “a”. Registration under this section
7is in addition to the titling and registration requirements of
8chapter 321I. An applicant for registration of an all-terrain
9vehicle under this section shall submit, along with the
10application, a copy of the registration certificate issued for
11the vehicle pursuant to section 321I.4 containing a description
12of the vehicle and identifying the applicant as the owner of
13the vehicle.
142. This section shall not be construed to include
15all-terrain vehicles within the meaning of the term “motor
16vehicle subject to registration” or “vehicle subject to
17registration” as those terms apply to the regulation of motor
18vehicle dealers, manufacturers, or distributors or to the sale,
19rental, lease, transfer, or disposition of motor vehicles.
20 Sec. 6. Section 321.166, subsection 1, paragraph a, Code
212017, is amended to read as follows:
22a. Registration plates shall be of metal and of a size not
23to exceed six inches by twelve inches, except that the size
24of plates issued for use on autocycles, motorized bicycles,
25motorcycles, all-terrain vehicles, motorcycle trailers, and
26trailers with an empty weight of two thousand pounds or less
27shall be established by the department.
28 Sec. 7. Section 321.166, subsection 4, Code 2017, is amended
29to read as follows:
304. The registration plate number, except on autocycles,
31motorized bicycles, motorcycles, all-terrain vehicles,
32 motorcycle trailers, and trailers with an empty weight of two
33thousand pounds or less, shall be of sufficient size to be
34readable from a distance of one hundred feet during daylight.
35 Sec. 8. Section 321.234A, subsection 1, paragraph f, Code
-4-12017, is amended by striking the paragraph.
2 Sec. 9. Section 321.234A, Code 2017, is amended by adding
3the following new subsection:
4 NEW SUBSECTION. 5. The provisions of this section do
5not apply to an all-terrain vehicle registered under section
6321.118 and operated on a highway in accordance with section
7321.234B.
8 Sec. 10. NEW SECTION. 321.234B Registered all-terrain
9vehicles — operation on highways.
10An all-terrain vehicle which is registered pursuant to
11section 321.118 may be operated on a highway subject to all of
12the following:
131. Persons who may operate. A person shall not operate an
14all-terrain vehicle on a highway unless the person is sixteen
15years of age or older and has a valid driver’s license other
16than a license valid only for operation of a motorized bicycle.
172. Operation on certain highways only. An all-terrain
18vehicle registered under section 321.118 may be operated on
19secondary roads, but shall not be operated on primary highways
20or on highways within the corporate limits of a city except as
21follows:
22a. A person shall not operate an all-terrain vehicle
23registered under section 321.118 on a primary highway except to
24cross a primary highway. However, the provisions of section
25321I.10 govern the crossing of a primary highway when the
26all-terrain vehicle is being operated on an all-terrain vehicle
27trail.
28b. A person shall not operate an all-terrain vehicle
29registered under section 321.118 on a highway within the
30corporate limits of a city except on a nonprimary highway where
31such operation is authorized by ordinance pursuant to section
32321.236, subsection 14A.
333. Motor vehicle laws applicable. The motor vehicle
34laws, including but not limited to the provisions of sections
35321.20B, 321.285, 321.317, 321.385, and 321.387, apply to the
-5-1operation of all-terrain vehicles registered for operation on
2highways, except for those provisions relating to required
3equipment which by their nature can have no practical
4application.
54. Penalties. A person convicted of a violation of
6subsection 1 or 2 is guilty of a simple misdemeanor punishable
7as a scheduled violation under section 805.8A, subsection 6.
8 Sec. 11. Section 321.236, Code 2017, is amended by adding
9the following new subsection:
10 NEW SUBSECTION. 14A. Authorizing the operation of
11all-terrain vehicles registered under section 321.118 on
12highways under the jurisdiction of a city, other than municipal
13extensions of primary highways.
14 Sec. 12. Section 321.285, Code 2017, is amended by adding
15the following new subsection:
16 NEW SUBSECTION. 6A. Notwithstanding any other speed
17restrictions allowing for speed in excess of forty-five miles
18per hour, a person shall not operate an all-terrain vehicle on
19a highway at a speed in excess of forty-five miles per hour.
20 Sec. 13. Section 321F.1, subsection 7, Code 2017, is amended
21to read as follows:
227. “Motor vehicle” means every vehicle which is
23self-propelled and subject to registration under the laws of
24this state, other than an all-terrain vehicle as defined in
25section 321.1.
26 Sec. 14. Section 321H.2, subsection 11, Code 2017, is
27amended to read as follows:
2811. “Vehicle subject to registration” means any vehicle
29that is of a type required to be registered under chapter 321
30when operated on a public highway, including but not limited
31to a vehicle that is inoperable, salvage, or rebuilt, but not
32including an all-terrain vehicle as defined in section 321.1.
33 Sec. 15. Section 321I.9, unnumbered paragraph 1, Code 2017,
34is amended to read as follows:
35Registration under this chapter shall not be required for
-6-1the following described all-terrain vehicles:
2 Sec. 16. Section 321I.10, subsection 1, Code 2017, is
3amended to read as follows:
41. A person shall not operate an all-terrain vehicle or
5off-road utility vehicle upon roadways or highways except as
6provided in section sections 321.234A and 321.234B and this
7section.
8 Sec. 17. Section 321I.10, subsections 2 and 3, Code 2017,
9are amended by striking the subsections.
10 Sec. 18. Section 321I.31, subsection 1, Code 2017, is
11amended to read as follows:
121. The owner of an all-terrain vehicle acquired on or
13after January 1, 2000, other than an all-terrain vehicle used
14exclusively as a farm implement or a motorcycle previously
15issued a title pursuant to chapter 321, shall apply to the
16county recorder of the county in which the owner resides for a
17certificate of title for the all-terrain vehicle. The owner
18of an all-terrain vehicle used exclusively as a farm implement
19may obtain a certificate of title. A person who owns an
20all-terrain vehicle that is not required to have a certificate
21of title may apply for and receive a certificate of title for
22the all-terrain vehicle and, subsequently, the all-terrain
23vehicle shall be subject to the requirements of this chapter
24as if the all-terrain vehicle were required to be titled. All
25all-terrain vehicles that are titled shall be registered under
26this chapter.
27 Sec. 19. Section 322.2, subsections 14 and 24, Code 2017,
28are amended to read as follows:
2914. “Motor vehicle” means any self-propelled vehicle subject
30to registration under chapter 321, other than an all-terrain
31vehicle as defined in section 321.1.
3224. “Used motor vehicle” or “second-hand motor vehicle” means
33any motor vehicle of a type subject to registration under the
34laws of this state, except an all-terrain vehicle as defined
35in section 321.1, which has been sold “at retail” as defined
-7-1in this chapter and previously registered in this or any other
2state.
3 Sec. 20. Section 322A.1, subsection 8, Code 2017, is amended
4to read as follows:
58. “Motor vehicle” means a “motor vehicles” vehicle” as
6defined in chapter 321 which are is subject to registration
7pursuant to the provisions thereof, other than an all-terrain
8vehicle as defined in section 321.1.
9 Sec. 21. Section 331.362, subsection 9, Code 2017, is
10amended to read as follows:
119. A county may regulate traffic on and use of the secondary
12roads, in accordance with sections 321.236 to 321.250, 321.254,
13321.255, 321.285, subsection 4, sections 321.352, 321.471
14to 321.473, and other applicable provisions of chapter 321,
15chapter 321E, and sections 321G.9, 321I.10, and 327G.15.
16 Sec. 22. Section 423.1, subsection 66, Code 2017, is amended
17to read as follows:
1866. “Vehicles subject to registration” means any vehicle
19subject to registration pursuant to section 321.18, other than
20an all-terrain vehicle or off-road utility vehicle registered
21pursuant to section 321.118.
22 Sec. 23. Section 516E.1, subsection 6, Code 2017, is amended
23to read as follows:
246. “Motor vehicle” means any self-propelled vehicle subject
25to registration under chapter 321, other than an all-terrain
26vehicle as defined in section 321.1.
27 Sec. 24. Section 537B.2, subsection 2, Code 2017, is amended
28to read as follows:
292. “Motor vehicle” means a motor vehicle as defined in
30section 321.1 which is subject to registration. However,
31“motor vehicle” does not include a motor vehicle, as defined in
32section 321.1, with a gross vehicle weight rating of more than
33twelve thousand pounds, or an all-terrain vehicle as defined
34in section 321.1.
35 Sec. 25. Section 805.8A, subsection 6, Code 2017, is amended
-8-1by adding the following new paragraph:
2 NEW PARAGRAPH. 0a. Section 321.234B, subsection 1
3or 2$50.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill provides for the registration of all-terrain
8vehicles for operation on certain Iowa roads.
9Code section 321.1 defines “all-terrain vehicle” as a motor
10vehicle designed to travel on three or more wheels and designed
11primarily for off-road recreational use. The definition
12includes off-road utility vehicles, but excludes farm tractors
13or equipment, construction equipment, forestry vehicles,
14and lawn and grounds maintenance vehicles. Currently, the
15department of natural resources regulates all-terrain vehicles
16for purposes of off-road recreational use. All-terrain
17vehicles are not permitted on Iowa roads, except under limited
18circumstances.
19Under the bill, the owner of an all-terrain vehicle designed
20to travel on four or more wheels may register the vehicle
21with the department of transportation through the county
22treasurer. The annual registration fee is $50. The size
23of license plates to be issued for all-terrain vehicles will
24be determined by the department of transportation. Because
25all-terrain vehicles are currently subject to sales tax,
26the bill provides that all-terrain vehicles are exempt from
27the fee for new registration imposed on vehicles subject to
28registration, so long as the owner has paid the Iowa sales
29tax or the appropriate tax in another state at the time of
30purchase. If an all-terrain vehicle is exempt from sales tax,
31the vehicle is also exempt from the fee for new registration.
32Registration with the department of transportation does not
33exempt the owner from the current requirement to register the
34all-terrain vehicle with the department of natural resources,
35and the department of natural resources will continue to
-9-1issue certificates of title for all-terrain vehicles. The
2bill requires an applicant for registration of an all-terrain
3vehicle with the department of transportation to present a
4copy of the registration receipt issued by the department of
5natural resources containing a description of the vehicle and
6identifying the applicant as the owner of the vehicle. The
7bill specifies that a manufacturer’s label certifying that the
8vehicle meets federal motor vehicle safety standards is not
9required for registration of an all-terrain vehicle with the
10department of transportation, and current provisions under
11the purview of the department of transportation relating to
12the regulation of motor vehicle dealers, manufacturers, and
13distributors or to the sale, rental, lease, transfer, or
14disposition of motor vehicles do not apply to all-terrain
15vehicles.
16The bill provides that an all-terrain vehicle registered
17with the department of transportation may be operated on
18secondary roads, but not on primary highways, except to
19cross over a primary highway, and not on highways within the
20corporate limits of a city except where all-terrain vehicles
21are permitted by ordinance. Under the bill, a city may
22authorize the operation of all-terrain vehicles registered
23with the department of transportation on highways under the
24city’s jurisdiction other than municipal extensions of primary
25highways. The bill strikes current provisions in Code chapter
26321I that allow cities and counties to designate roads under
27their jurisdiction for the operation of all-terrain vehicles
28registered with the department of natural resources.
29The bill states that a person who operates an all-terrain
30vehicle on a highway must be at least 16 years of age and have
31a valid driver’s license other than a license valid only for
32the operation of a motorized bicycle. Iowa motor vehicle laws
33apply to the operation of all-terrain vehicles on highways
34except those equipment provisions which by their nature can
35have no practical application. The bill specifies that the
-10-1operator of an all-terrain vehicle must carry proof of motor
2vehicle financial liability coverage, and the all-terrain
3vehicle must meet requirements for headlamps, rear lamps,
4and turn signals. Current speed limits apply to all-terrain
5vehicles operated on a highway, except that an all-terrain
6vehicle may not be operated at a speed exceeding 45 miles per
7hour.
8The bill amends the definition of “vehicles subject to
9registration” for purposes of the exemption from the sales and
10use tax, to exclude all-terrain vehicles and off-road utility
11vehicles registered for operation on highways, in order to
12continue the applicability of the sales tax to those vehicles.
13Under current law, a person who operates an all-terrain
14vehicle on a highway in violation of current restrictions
15commits a simple misdemeanor punishable by a scheduled fine
16of $50. The bill establishes the same penalty for a person
17who operates a registered all-terrain vehicle in violation of
18minimum age and licensing requirements or on a highway where
19all-terrain vehicle operation is not authorized.
20The bill makes conforming amendments to Code chapter
21321I, relating to the regulation of all-terrain vehicles by
22the department of natural resources. The bill also amends
23definitions in Code chapters applicable to motor vehicle
24dealers, motor vehicle franchisers, the leasing and renting
25of motor vehicles, vehicle recyclers, motor vehicle service
26contracts, and motor vehicle service trade practices, to
27continue to exclude all-terrain vehicles from those provisions.
-11-av/nh
2on highways upon registration with the department of
3transportation, providing a registration fee, and providing
4penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, subsection 32, Code 2017, is
2amended to read as follows:
332. “Implement of husbandry” means a vehicle or special
4mobile equipment manufactured, designed, or reconstructed
5for agricultural purposes and, except for incidental uses,
6exclusively used in the conduct of agricultural operations.
7“Implements of husbandry” includes all-terrain vehicles operated
8in compliance with section 321.234A, subsection 1, paragraph
9“a”, but not registered for operation upon a highway pursuant
10to section 321.118, fence-line feeders, and vehicles used
11exclusively for the application of organic or inorganic plant
12food materials, organic agricultural limestone, or agricultural
13chemicals. To be considered an implement of husbandry, a
14self-propelled implement of husbandry must be operated at
15speeds of thirty-five miles per hour or less.
16a. “Reconstructed” as used in this subsection means
17materially altered from the original construction by the
18removal, addition, or substitution of essential parts, new or
19used.
20b. A vehicle covered under this subsection, if it otherwise
21qualifies, may be operated as special mobile equipment
22and under such circumstances this subsection shall not be
23applicable to such vehicle, and such vehicle shall not be
24required to comply with sections 321.384 through 321.423, when
25such vehicle is moved during daylight hours; however, the
26provisions of section 321.383 shall remain applicable to such
27vehicle.
28 Sec. 2. Section 321.1, subsection 47A, Code 2017, is amended
29to read as follows:
3047A. “Off-road utility vehicle” means a motorized
31flotation-tire vehicle with not less than four and not more
32than eight low-pressure tires that is limited in engine
33displacement to less than one thousand five hundred cubic
34centimeters and in total dry weight to not more than one two
35 thousand eight hundred pounds and that has a seat that is of
-1-1bucket or bench design, not intended to be straddled by the
2operator, and a steering wheel or control levers for control.
3“Off-road utility vehicle” does not include dune buggies, golf
4carts, go-carts, or minitrucks.
5 Sec. 3. Section 321.105A, subsection 2, paragraph c, Code
62017, is amended by adding the following new subparagraph:
7 NEW SUBPARAGRAPH. (32) An all-terrain vehicle which is
8exempt from the sales tax pursuant to section 423.3, subsection
98, or for which the applicant has paid the sales tax in this
10state or has paid to another state a state sales, use, or
11occupational tax.
12 Sec. 4. Section 321.109, subsection 1, paragraph a, Code
132017, is amended to read as follows:
14a. The annual fee for all motor vehicles including vehicles
15designated by manufacturers as station wagons, 1993 and
16subsequent model year multipurpose vehicles, and 2010 and
17subsequent model year motor trucks with an unladen weight of
18ten thousand pounds or less, except motor trucks registered
19under section 321.122, business-trade trucks, special trucks,
20motor homes, motorsports recreational vehicles, ambulances,
21hearses, all-terrain vehicles, autocycles, motorcycles,
22motorized bicycles, and 1992 and older model year multipurpose
23vehicles, shall be equal to one percent of the value as
24fixed by the department plus forty cents for each one hundred
25pounds or fraction thereof of weight of vehicle, as fixed
26by the department. The weight of a motor vehicle, fixed by
27the department for registration purposes, shall include the
28weight of a battery, heater, bumpers, spare tire, and wheel.
29Provided, however, that for any new vehicle purchased in
30this state by a nonresident for removal to the nonresident’s
31state of residence the purchaser may make application to the
32county treasurer in the county of purchase for a transit plate
33for which a fee of ten dollars shall be paid. And provided,
34however, that for any used vehicle held by a registered dealer
35and not currently registered in this state, or for any vehicle
-2-1held by an individual and currently registered in this state,
2when purchased in this state by a nonresident for removal to
3the nonresident’s state of residence, the purchaser may make
4application to the county treasurer in the county of purchase
5for a transit plate for which a fee of three dollars shall
6be paid. The county treasurer shall issue a nontransferable
7certificate of registration for which no refund shall be
8allowed; and the transit plates shall be void thirty days
9after issuance. Such purchaser may apply for a certificate
10of title by surrendering the manufacturer’s or importer’s
11certificate or certificate of title, duly assigned as provided
12in this chapter. In this event, the treasurer in the county
13of purchase shall, when satisfied with the genuineness and
14regularity of the application, and upon payment of a fee of
15twenty dollars, issue a certificate of title in the name and
16address of the nonresident purchaser delivering the title
17to the owner. If there is a security interest noted on the
18title, the county treasurer shall mail to the secured party an
19acknowledgment of the notation of the security interest. The
20county treasurer shall not release a security interest that
21has been noted on a title issued to a nonresident purchaser
22as provided in this paragraph. The application requirements
23of section 321.20 apply to a title issued as provided in this
24subsection, except that a natural person who applies for a
25certificate of title shall provide either the person’s social
26security number, passport number, or driver’s license number,
27whether the license was issued by this state, another state, or
28another country. The provisions of this subsection relating to
29multipurpose vehicles are effective for all 1993 and subsequent
30model years. The annual registration fee for multipurpose
31vehicles that are 1992 model years and older shall be in
32accordance with section 321.124.
33 Sec. 5. NEW SECTION. 321.118 All-terrain vehicles.
341. An all-terrain vehicle designed to travel on four or
35more wheels may be registered under this chapter for operation
-3-1on secondary roads and on city streets where authorized, as
2provided in this chapter, for an annual fee of fifty dollars.
3However, all-terrain vehicles registered under this section
4are not subject to the titling provisions of this chapter or
5to the manufacturer’s label requirement under section 321.30,
6subsection 2, paragraph “a”. Registration under this section
7is in addition to the titling and registration requirements of
8chapter 321I. An applicant for registration of an all-terrain
9vehicle under this section shall submit, along with the
10application, a copy of the registration certificate issued for
11the vehicle pursuant to section 321I.4 containing a description
12of the vehicle and identifying the applicant as the owner of
13the vehicle.
142. This section shall not be construed to include
15all-terrain vehicles within the meaning of the term “motor
16vehicle subject to registration” or “vehicle subject to
17registration” as those terms apply to the regulation of motor
18vehicle dealers, manufacturers, or distributors or to the sale,
19rental, lease, transfer, or disposition of motor vehicles.
20 Sec. 6. Section 321.166, subsection 1, paragraph a, Code
212017, is amended to read as follows:
22a. Registration plates shall be of metal and of a size not
23to exceed six inches by twelve inches, except that the size
24of plates issued for use on autocycles, motorized bicycles,
25motorcycles, all-terrain vehicles, motorcycle trailers, and
26trailers with an empty weight of two thousand pounds or less
27shall be established by the department.
28 Sec. 7. Section 321.166, subsection 4, Code 2017, is amended
29to read as follows:
304. The registration plate number, except on autocycles,
31motorized bicycles, motorcycles, all-terrain vehicles,
32 motorcycle trailers, and trailers with an empty weight of two
33thousand pounds or less, shall be of sufficient size to be
34readable from a distance of one hundred feet during daylight.
35 Sec. 8. Section 321.234A, subsection 1, paragraph f, Code
-4-12017, is amended by striking the paragraph.
2 Sec. 9. Section 321.234A, Code 2017, is amended by adding
3the following new subsection:
4 NEW SUBSECTION. 5. The provisions of this section do
5not apply to an all-terrain vehicle registered under section
6321.118 and operated on a highway in accordance with section
7321.234B.
8 Sec. 10. NEW SECTION. 321.234B Registered all-terrain
9vehicles — operation on highways.
10An all-terrain vehicle which is registered pursuant to
11section 321.118 may be operated on a highway subject to all of
12the following:
131. Persons who may operate. A person shall not operate an
14all-terrain vehicle on a highway unless the person is sixteen
15years of age or older and has a valid driver’s license other
16than a license valid only for operation of a motorized bicycle.
172. Operation on certain highways only. An all-terrain
18vehicle registered under section 321.118 may be operated on
19secondary roads, but shall not be operated on primary highways
20or on highways within the corporate limits of a city except as
21follows:
22a. A person shall not operate an all-terrain vehicle
23registered under section 321.118 on a primary highway except to
24cross a primary highway. However, the provisions of section
25321I.10 govern the crossing of a primary highway when the
26all-terrain vehicle is being operated on an all-terrain vehicle
27trail.
28b. A person shall not operate an all-terrain vehicle
29registered under section 321.118 on a highway within the
30corporate limits of a city except on a nonprimary highway where
31such operation is authorized by ordinance pursuant to section
32321.236, subsection 14A.
333. Motor vehicle laws applicable. The motor vehicle
34laws, including but not limited to the provisions of sections
35321.20B, 321.285, 321.317, 321.385, and 321.387, apply to the
-5-1operation of all-terrain vehicles registered for operation on
2highways, except for those provisions relating to required
3equipment which by their nature can have no practical
4application.
54. Penalties. A person convicted of a violation of
6subsection 1 or 2 is guilty of a simple misdemeanor punishable
7as a scheduled violation under section 805.8A, subsection 6.
8 Sec. 11. Section 321.236, Code 2017, is amended by adding
9the following new subsection:
10 NEW SUBSECTION. 14A. Authorizing the operation of
11all-terrain vehicles registered under section 321.118 on
12highways under the jurisdiction of a city, other than municipal
13extensions of primary highways.
14 Sec. 12. Section 321.285, Code 2017, is amended by adding
15the following new subsection:
16 NEW SUBSECTION. 6A. Notwithstanding any other speed
17restrictions allowing for speed in excess of forty-five miles
18per hour, a person shall not operate an all-terrain vehicle on
19a highway at a speed in excess of forty-five miles per hour.
20 Sec. 13. Section 321F.1, subsection 7, Code 2017, is amended
21to read as follows:
227. “Motor vehicle” means every vehicle which is
23self-propelled and subject to registration under the laws of
24this state, other than an all-terrain vehicle as defined in
25section 321.1.
26 Sec. 14. Section 321H.2, subsection 11, Code 2017, is
27amended to read as follows:
2811. “Vehicle subject to registration” means any vehicle
29that is of a type required to be registered under chapter 321
30when operated on a public highway, including but not limited
31to a vehicle that is inoperable, salvage, or rebuilt, but not
32including an all-terrain vehicle as defined in section 321.1.
33 Sec. 15. Section 321I.9, unnumbered paragraph 1, Code 2017,
34is amended to read as follows:
35Registration under this chapter shall not be required for
-6-1the following described all-terrain vehicles:
2 Sec. 16. Section 321I.10, subsection 1, Code 2017, is
3amended to read as follows:
41. A person shall not operate an all-terrain vehicle or
5off-road utility vehicle upon roadways or highways except as
6provided in section sections 321.234A and 321.234B and this
7section.
8 Sec. 17. Section 321I.10, subsections 2 and 3, Code 2017,
9are amended by striking the subsections.
10 Sec. 18. Section 321I.31, subsection 1, Code 2017, is
11amended to read as follows:
121. The owner of an all-terrain vehicle acquired on or
13after January 1, 2000, other than an all-terrain vehicle used
14exclusively as a farm implement or a motorcycle previously
15issued a title pursuant to chapter 321, shall apply to the
16county recorder of the county in which the owner resides for a
17certificate of title for the all-terrain vehicle. The owner
18of an all-terrain vehicle used exclusively as a farm implement
19may obtain a certificate of title. A person who owns an
20all-terrain vehicle that is not required to have a certificate
21of title may apply for and receive a certificate of title for
22the all-terrain vehicle and, subsequently, the all-terrain
23vehicle shall be subject to the requirements of this chapter
24as if the all-terrain vehicle were required to be titled. All
25all-terrain vehicles that are titled shall be registered under
26this chapter.
27 Sec. 19. Section 322.2, subsections 14 and 24, Code 2017,
28are amended to read as follows:
2914. “Motor vehicle” means any self-propelled vehicle subject
30to registration under chapter 321, other than an all-terrain
31vehicle as defined in section 321.1.
3224. “Used motor vehicle” or “second-hand motor vehicle” means
33any motor vehicle of a type subject to registration under the
34laws of this state, except an all-terrain vehicle as defined
35in section 321.1, which has been sold “at retail” as defined
-7-1in this chapter and previously registered in this or any other
2state.
3 Sec. 20. Section 322A.1, subsection 8, Code 2017, is amended
4to read as follows:
58. “Motor vehicle” means a “motor vehicles” vehicle” as
6defined in chapter 321 which are is subject to registration
7pursuant to the provisions thereof, other than an all-terrain
8vehicle as defined in section 321.1.
9 Sec. 21. Section 331.362, subsection 9, Code 2017, is
10amended to read as follows:
119. A county may regulate traffic on and use of the secondary
12roads, in accordance with sections 321.236 to 321.250, 321.254,
13321.255, 321.285, subsection 4, sections 321.352, 321.471
14to 321.473, and other applicable provisions of chapter 321,
15chapter 321E, and sections 321G.9, 321I.10, and 327G.15.
16 Sec. 22. Section 423.1, subsection 66, Code 2017, is amended
17to read as follows:
1866. “Vehicles subject to registration” means any vehicle
19subject to registration pursuant to section 321.18, other than
20an all-terrain vehicle or off-road utility vehicle registered
21pursuant to section 321.118.
22 Sec. 23. Section 516E.1, subsection 6, Code 2017, is amended
23to read as follows:
246. “Motor vehicle” means any self-propelled vehicle subject
25to registration under chapter 321, other than an all-terrain
26vehicle as defined in section 321.1.
27 Sec. 24. Section 537B.2, subsection 2, Code 2017, is amended
28to read as follows:
292. “Motor vehicle” means a motor vehicle as defined in
30section 321.1 which is subject to registration. However,
31“motor vehicle” does not include a motor vehicle, as defined in
32section 321.1, with a gross vehicle weight rating of more than
33twelve thousand pounds, or an all-terrain vehicle as defined
34in section 321.1.
35 Sec. 25. Section 805.8A, subsection 6, Code 2017, is amended
-8-1by adding the following new paragraph:
2 NEW PARAGRAPH. 0a. Section 321.234B, subsection 1
3or 2$50.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill provides for the registration of all-terrain
8vehicles for operation on certain Iowa roads.
9Code section 321.1 defines “all-terrain vehicle” as a motor
10vehicle designed to travel on three or more wheels and designed
11primarily for off-road recreational use. The definition
12includes off-road utility vehicles, but excludes farm tractors
13or equipment, construction equipment, forestry vehicles,
14and lawn and grounds maintenance vehicles. Currently, the
15department of natural resources regulates all-terrain vehicles
16for purposes of off-road recreational use. All-terrain
17vehicles are not permitted on Iowa roads, except under limited
18circumstances.
19Under the bill, the owner of an all-terrain vehicle designed
20to travel on four or more wheels may register the vehicle
21with the department of transportation through the county
22treasurer. The annual registration fee is $50. The size
23of license plates to be issued for all-terrain vehicles will
24be determined by the department of transportation. Because
25all-terrain vehicles are currently subject to sales tax,
26the bill provides that all-terrain vehicles are exempt from
27the fee for new registration imposed on vehicles subject to
28registration, so long as the owner has paid the Iowa sales
29tax or the appropriate tax in another state at the time of
30purchase. If an all-terrain vehicle is exempt from sales tax,
31the vehicle is also exempt from the fee for new registration.
32Registration with the department of transportation does not
33exempt the owner from the current requirement to register the
34all-terrain vehicle with the department of natural resources,
35and the department of natural resources will continue to
-9-1issue certificates of title for all-terrain vehicles. The
2bill requires an applicant for registration of an all-terrain
3vehicle with the department of transportation to present a
4copy of the registration receipt issued by the department of
5natural resources containing a description of the vehicle and
6identifying the applicant as the owner of the vehicle. The
7bill specifies that a manufacturer’s label certifying that the
8vehicle meets federal motor vehicle safety standards is not
9required for registration of an all-terrain vehicle with the
10department of transportation, and current provisions under
11the purview of the department of transportation relating to
12the regulation of motor vehicle dealers, manufacturers, and
13distributors or to the sale, rental, lease, transfer, or
14disposition of motor vehicles do not apply to all-terrain
15vehicles.
16The bill provides that an all-terrain vehicle registered
17with the department of transportation may be operated on
18secondary roads, but not on primary highways, except to
19cross over a primary highway, and not on highways within the
20corporate limits of a city except where all-terrain vehicles
21are permitted by ordinance. Under the bill, a city may
22authorize the operation of all-terrain vehicles registered
23with the department of transportation on highways under the
24city’s jurisdiction other than municipal extensions of primary
25highways. The bill strikes current provisions in Code chapter
26321I that allow cities and counties to designate roads under
27their jurisdiction for the operation of all-terrain vehicles
28registered with the department of natural resources.
29The bill states that a person who operates an all-terrain
30vehicle on a highway must be at least 16 years of age and have
31a valid driver’s license other than a license valid only for
32the operation of a motorized bicycle. Iowa motor vehicle laws
33apply to the operation of all-terrain vehicles on highways
34except those equipment provisions which by their nature can
35have no practical application. The bill specifies that the
-10-1operator of an all-terrain vehicle must carry proof of motor
2vehicle financial liability coverage, and the all-terrain
3vehicle must meet requirements for headlamps, rear lamps,
4and turn signals. Current speed limits apply to all-terrain
5vehicles operated on a highway, except that an all-terrain
6vehicle may not be operated at a speed exceeding 45 miles per
7hour.
8The bill amends the definition of “vehicles subject to
9registration” for purposes of the exemption from the sales and
10use tax, to exclude all-terrain vehicles and off-road utility
11vehicles registered for operation on highways, in order to
12continue the applicability of the sales tax to those vehicles.
13Under current law, a person who operates an all-terrain
14vehicle on a highway in violation of current restrictions
15commits a simple misdemeanor punishable by a scheduled fine
16of $50. The bill establishes the same penalty for a person
17who operates a registered all-terrain vehicle in violation of
18minimum age and licensing requirements or on a highway where
19all-terrain vehicle operation is not authorized.
20The bill makes conforming amendments to Code chapter
21321I, relating to the regulation of all-terrain vehicles by
22the department of natural resources. The bill also amends
23definitions in Code chapters applicable to motor vehicle
24dealers, motor vehicle franchisers, the leasing and renting
25of motor vehicles, vehicle recyclers, motor vehicle service
26contracts, and motor vehicle service trade practices, to
27continue to exclude all-terrain vehicles from those provisions.
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