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House File 302 - IntroducedA Bill ForAn Act 1relating to the crossing of highways by all-terrain
2vehicles and off-road utility vehicles, and making a penalty
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.234A, subsection 1, Code 2017, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. g. The all-terrain vehicle is crossing the
4highway pursuant to section 321I.10, subsection 5.
5 Sec. 2. Section 321I.10, subsection 5, Code 2017, is amended
6by striking the subsection and inserting in lieu thereof the
7following:
85. An all-terrain vehicle or off-road utility vehicle
9may make a direct crossing of a highway provided all of the
10following occur:
11a. The crossing is made at an angle of approximately ninety
12degrees to the direction of the highway and at a place where no
13obstruction prevents a quick and safe crossing.
14b. The all-terrain vehicle or off-road utility vehicle is
15brought to a complete stop before crossing the shoulder or main
16traveled way of the highway.
17c. The driver yields the right-of-way to all oncoming
18traffic which constitutes an immediate hazard.
19d. In crossing a divided highway, the crossing is made only
20at an intersection of such highway with another public street
21or highway.
22e. The crossing is made from a street, roadway, or highway
23designated as an all-terrain vehicle trail by a state agency,
24county, or city to a street, roadway, or highway designated
25as an all-terrain vehicle trail by a state agency, county, or
26city.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30Under current law, the department of transportation (DOT)
31may issue a permit to a state agency, a county, or a city to
32allow an all-terrain vehicle trail to cross a primary highway.
33The trail crossing must be part of an all-terrain vehicle trail
34designated by the state agency, county, or city. The DOT may
35issue a permit only if the crossing can be accomplished in a
-1-1safe manner and the crossing allows for adequate sight distance
2for both motorists and all-terrain vehicle operators.
3This bill strikes that provision and provides that an
4all-terrain vehicle or off-road utility vehicle may make a
5direct crossing of a highway if the crossing is made at an
6angle of approximately 90 degrees to the direction of the
7highway and at a place where no obstruction prevents a quick
8and safe crossing; the all-terrain vehicle or off-road utility
9vehicle is brought to a complete stop before crossing the
10shoulder or main traveled way of the highway; the driver yields
11the right-of-way to all oncoming traffic which constitutes an
12immediate hazard; in crossing a divided highway, the crossing
13is made only at an intersection of such highway with another
14public street or highway; and the crossing is made from a
15street, roadway, or highway designated as an all-terrain
16vehicle trail by a state agency, county, or city to a street,
17roadway, or highway designated as an all-terrain vehicle trail
18by a state agency, county, or city.
19The scheduled fine for a violation of the bill is $50.
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2vehicles and off-road utility vehicles, and making a penalty
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.234A, subsection 1, Code 2017, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. g. The all-terrain vehicle is crossing the
4highway pursuant to section 321I.10, subsection 5.
5 Sec. 2. Section 321I.10, subsection 5, Code 2017, is amended
6by striking the subsection and inserting in lieu thereof the
7following:
85. An all-terrain vehicle or off-road utility vehicle
9may make a direct crossing of a highway provided all of the
10following occur:
11a. The crossing is made at an angle of approximately ninety
12degrees to the direction of the highway and at a place where no
13obstruction prevents a quick and safe crossing.
14b. The all-terrain vehicle or off-road utility vehicle is
15brought to a complete stop before crossing the shoulder or main
16traveled way of the highway.
17c. The driver yields the right-of-way to all oncoming
18traffic which constitutes an immediate hazard.
19d. In crossing a divided highway, the crossing is made only
20at an intersection of such highway with another public street
21or highway.
22e. The crossing is made from a street, roadway, or highway
23designated as an all-terrain vehicle trail by a state agency,
24county, or city to a street, roadway, or highway designated
25as an all-terrain vehicle trail by a state agency, county, or
26city.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30Under current law, the department of transportation (DOT)
31may issue a permit to a state agency, a county, or a city to
32allow an all-terrain vehicle trail to cross a primary highway.
33The trail crossing must be part of an all-terrain vehicle trail
34designated by the state agency, county, or city. The DOT may
35issue a permit only if the crossing can be accomplished in a
-1-1safe manner and the crossing allows for adequate sight distance
2for both motorists and all-terrain vehicle operators.
3This bill strikes that provision and provides that an
4all-terrain vehicle or off-road utility vehicle may make a
5direct crossing of a highway if the crossing is made at an
6angle of approximately 90 degrees to the direction of the
7highway and at a place where no obstruction prevents a quick
8and safe crossing; the all-terrain vehicle or off-road utility
9vehicle is brought to a complete stop before crossing the
10shoulder or main traveled way of the highway; the driver yields
11the right-of-way to all oncoming traffic which constitutes an
12immediate hazard; in crossing a divided highway, the crossing
13is made only at an intersection of such highway with another
14public street or highway; and the crossing is made from a
15street, roadway, or highway designated as an all-terrain
16vehicle trail by a state agency, county, or city to a street,
17roadway, or highway designated as an all-terrain vehicle trail
18by a state agency, county, or city.
19The scheduled fine for a violation of the bill is $50.
-2-ns/nh