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Senate
File
2382
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Introduced
SENATE
FILE
2382
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
3131)
A
BILL
FOR
An
Act
relating
to
operating
all-terrain
vehicles
on
highways,
1
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321.20B,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8A.
This
section
does
not
apply
to
an
3
all-terrain
vehicle
operated
on
a
highway
incidental
to
the
4
vehicle’s
use
for
agricultural
purposes
pursuant
to
section
5
321.234A,
subsection
1,
paragraph
“a”
.
6
Sec.
2.
Section
321.234A,
subsection
1,
unnumbered
7
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
8
All-terrain
vehicles
A
person
shall
not
be
operated
operate
9
an
unregistered
all-terrain
vehicle
on
a
highway
unless
one
or
10
more
of
the
following
conditions
apply:
11
Sec.
3.
Section
321.234A,
subsection
1,
paragraphs
a
and
g,
12
Code
2026,
are
amended
to
read
as
follows:
13
a.
The
operation
is
between
sunrise
and
sunset
and
is
14
incidental
to
the
vehicle’s
use
for
agricultural
purposes.
For
15
purposes
of
this
paragraph,
“incidental
to
the
vehicle’s
use
16
for
agricultural
purposes”
includes
stopping
in
the
course
of
17
agricultural
use
to
obtain
fuel
for
the
all-terrain
vehicle
or
18
to
obtain
food
or
a
nonalcoholic
beverage
for
the
operator.
19
g.
The
all-terrain
vehicle
is
making
a
direct
crossing
the
20
of
a
highway
pursuant
to
section
321I.10,
subsection
7
that
is
21
not
part
of
the
interstate
road
system,
provided
all
of
the
22
following
occur:
23
(1)
The
crossing
is
made
at
an
angle
of
approximately
ninety
24
degrees
to
the
direction
of
the
highway
and
at
a
place
where
no
25
obstruction
prevents
a
quick
and
safe
crossing
.
26
(2)
The
all-terrain
vehicle
is
brought
to
a
complete
stop
27
before
crossing
the
shoulder
or
main
traveled
way
of
the
28
highway.
29
(3)
The
driver
yields
the
right-of-way
to
all
oncoming
30
traffic
which
constitutes
an
immediate
hazard.
31
(4)
In
crossing
a
divided
highway,
the
crossing
is
made
only
32
at
an
intersection
of
such
highway
with
another
public
street
33
or
highway.
34
(5)
The
crossing
is
made
from
a
street,
roadway,
or
highway
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on
which
the
all-terrain
vehicle
is
authorized
to
operate
to
a
1
street,
roadway,
or
highway
on
which
an
all-terrain
vehicle
is
2
authorized
to
operate.
3
Sec.
4.
Section
321.234A,
subsection
1,
paragraph
f,
Code
4
2026,
is
amended
by
striking
the
paragraph.
5
Sec.
5.
Section
321.234A,
Code
2026,
is
amended
by
adding
6
the
following
new
subsection:
7
NEW
SUBSECTION
.
1A.
Except
as
provided
in
this
subsection,
8
a
person
shall
not
operate
an
all-terrain
vehicle
registered
9
under
chapter
321I
on
a
highway.
10
a.
A
person
may
operate
a
registered
all-terrain
vehicle
on
11
an
undivided
primary
road
that
is
not
part
of
the
interstate
12
road
system
and
on
a
paved,
undivided
secondary
road
over
the
13
most
direct
and
accessible
route
between
any
of
the
following
14
locations:
15
(1)
An
all-terrain
vehicle
park
or
trail.
16
(2)
A
secondary
road
on
which
such
vehicles
are
authorized
17
to
operate
under
paragraph
“b”
.
18
(3)
A
city
street
on
which
such
vehicles
are
authorized
to
19
operate
under
paragraph
“c”
.
20
(4)
The
vehicle
operator’s
residence.
21
b.
(1)
A
person
may
operate
a
registered
all-terrain
22
vehicle
on
any
of
the
following
secondary
roads:
23
(a)
An
unpaved
secondary
road.
24
(b)
A
paved,
undivided
secondary
road
or
segment
thereof,
25
if
authorized
by
the
county
board
of
supervisors.
The
board
26
shall
evaluate
the
traffic
conditions
on
all
such
secondary
27
roads
under
its
jurisdiction
and
designate
roadways
on
which
28
all-terrain
vehicles
may
be
operated
without
unduly
interfering
29
with
or
constituting
an
undue
hazard
to
conventional
motor
30
vehicle
traffic.
In
designating
such
roadways,
the
board
may
31
authorize
all-terrain
vehicles
to
stop
at
service
stations
or
32
convenience
stores
along
a
designated
roadway.
33
(2)
Notwithstanding
subparagraph
(1),
a
county
may
prohibit
34
the
operation
of
all-terrain
vehicles
on
a
secondary
road
or
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segment
thereof
under
its
jurisdiction
as
follows:
1
(a)
When
the
secondary
road
or
segment
thereof
is
closed
to
2
motor
vehicle
traffic
pursuant
to
section
306.41.
3
(b)
When
the
secondary
road
or
segment
thereof
is
designated
4
as
a
detour
route
pursuant
to
section
306.41.
5
(c)
For
any
other
secondary
road
or
segment
thereof,
for
no
6
more
than
seven
consecutive
days
and
no
more
than
thirty
days
7
in
a
calendar
year
when
the
prohibited
days
are
established
by
8
ordinance.
9
c.
On
a
municipal
street
system
if
authorized
by
the
city.
10
A
city
may
designate
streets
under
the
jurisdiction
of
the
11
city
within
its
corporate
limits,
and
undivided
primary
and
12
secondary
road
extensions
in
the
city,
which
may
be
used
for
13
the
operation
of
all-terrain
vehicles.
In
designating
such
14
streets,
the
city
may
authorize
all-terrain
vehicles
to
stop
15
at
service
stations
or
convenience
stores
along
a
designated
16
street.
17
Sec.
6.
Section
321.234A,
subsection
2,
Code
2026,
is
18
amended
by
striking
the
subsection
and
inserting
in
lieu
19
thereof
the
following:
20
2.
A
person
shall
not
operate
an
all-terrain
vehicle
on
21
a
highway
in
excess
of
thirty-five
miles
per
hour.
A
person
22
under
the
age
of
eighteen
years
old
shall
not
operate
an
23
all-terrain
vehicle
on
a
highway
unless
the
person
is
operating
24
pursuant
to
subsection
1,
paragraph
“a”
.
25
Sec.
7.
Section
321.234A,
subsection
3,
Code
2026,
is
26
amended
to
read
as
follows:
27
3.
As
provided
in
section
321.1
,
an
all-terrain
vehicle
is
28
a
motor
vehicle
for
purposes
of
this
chapter
.
Therefore,
an
29
all-terrain
vehicle
operated
on
a
highway
shall
be
equipped
30
with
the
parts,
lamps,
and
other
equipment
in
proper
condition
31
and
adjustment
as
required
under
this
chapter
for
motor
32
vehicles,
including
but
not
limited
to
the
parts,
lamps,
and
33
equipment
required
under
sections
321.386
,
321.387
,
321.404
,
34
321.432
,
and
321.437
except
those
provisions
which
by
their
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nature
can
have
no
application
.
1
Sec.
8.
Section
321.234A,
Code
2026,
is
amended
by
adding
2
the
following
new
subsection:
3
NEW
SUBSECTION
.
4A.
A
city
or
county
shall
not
charge
a
fee
4
to
operate
a
registered
all-terrain
vehicle
on
roads
or
streets
5
under
the
jurisdiction
of
the
city
or
county,
as
applicable.
6
Sec.
9.
Section
321I.10,
subsections
1,
2,
4,
5,
and
7,
Code
7
2026,
are
amended
by
striking
the
subsections.
8
Sec.
10.
Section
321I.10,
subsection
6,
Code
2026,
is
9
amended
to
read
as
follows:
10
6.
All-terrain
vehicles
A
person
shall
not
be
operated
11
operate
an
all-terrain
vehicle
or
off-road
utility
vehicle
on
12
snowmobile
trails
except
where
designated
by
the
controlling
13
authority
and
the
primary
snowmobile
trail
sponsor.
14
Sec.
11.
Section
331.362,
subsection
9,
Code
2026,
is
15
amended
to
read
as
follows:
16
9.
A
county
may
regulate
traffic
on
and
use
of
the
secondary
17
roads,
in
accordance
with
sections
321.234A,
321.236
through
18
321.239,
321.241
,
321.247
through
321.250
,
321.254
,
321.255
,
19
section
321.285,
subsection
4
,
sections
321.352
,
321.471
20
through
321.473
,
and
other
applicable
provisions
of
chapter
21
321
,
chapter
321E
,
and
sections
321G.9
,
321I.10
,
and
327G.15
.
22
Sec.
12.
Section
805.8B,
subsection
2A,
paragraph
b,
23
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
24
(2)
For
operating
violations
under
section
321I.10,
25
subsections
1
and
subsection
6,
the
scheduled
fine
is
seventy
26
dollars.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
Under
current
law,
all-terrain
vehicles
(ATVs),
including
31
off-road
utility
vehicles,
are
generally
prohibited
from
being
32
operated
on
a
highway.
Exceptions
to
this
general
prohibition
33
exist,
including
under
Code
section
321.234A,
for
ATVs
34
operated
incidental
to
the
ATV’s
use
for
agricultural
purposes,
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incidental
to
the
ATV’s
use
for
the
purpose
of
surveying
by
a
1
licensed
engineer
or
land
surveyor,
by
an
employee
or
agent
2
of
a
political
subdivision
or
public
utility
for
the
purpose
3
of
construction
or
maintenance
on
or
adjacent
to
the
highway,
4
by
an
employee
or
agent
of
a
public
agency
for
the
purpose
5
of
providing
emergency
services
or
rescue,
for
the
purpose
6
of
mowing,
installing
approved
trail
signs,
or
providing
7
maintenance
on
a
snowmobile
or
ATV
trail
designated
by
the
8
department
of
natural
resources
(DNR),
in
accordance
with
Code
9
section
321I.10,
and
to
cross
a
highway.
A
person
operating
10
an
ATV
on
a
highway
must
have
a
valid
driver’s
license
and
11
cannot
exceed
35
miles
per
hour
(MPH).
In
addition,
unless
a
12
person
is
operating
the
ATV
incidental
to
the
ATV’s
use
for
13
agricultural
purposes,
the
person
must
be
at
least
18
years
14
old,
have
financial
liability
coverage
(insurance)
for
the
15
ATV,
and
carry
proof
of
the
insurance.
Code
section
321I.10
16
also
provides
certain
exceptions
and
authorizes
a
person
to
17
operate
an
ATV,
so
long
as
it
is
registered
under
Code
chapter
18
321I,
on
undivided
two-lane
primary
highways
that
are
not
part
19
of
the
interstate
road
system
and
paved
secondary
roads,
but
20
only
between
locations
where
ATVs
are
otherwise
authorized
to
21
be
operated,
on
state
park
road
systems,
unpaved
secondary
22
roads,
and
paved,
undivided
secondary
roads
if
authorized
by
23
the
county
board
of
supervisors.
A
city
may
regulate
the
24
operation
of
registered
ATVs
and
may
designate
streets
under
25
the
jurisdiction
of
the
city
within
its
corporate
limits,
and
26
two-lane
primary
and
secondary
road
extensions
in
the
city,
27
which
may
be
used
for
the
operation
of
such
ATVs.
Because
28
an
ATV
is
limited
to
highway
speeds
not
greater
than
35
MPH,
29
when
operated
on
a
highway,
an
ATV
must
be
identified
with
30
a
reflective
device
in
accordance
with
the
standards
of
the
31
American
society
of
agricultural
engineers
pursuant
to
Code
32
section
321.383(2).
33
This
bill
strikes
provisions
relating
to
the
operation
34
of
ATVs
on
highways,
other
than
provisions
regulating
the
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operation
of
ATVs
on
state
park
road
systems,
from
Code
section
1
321I.10
and
moves
the
provisions
to
Code
section
321.234A.
The
2
bill
strikes
the
requirement
that
an
unregistered
ATV
may
be
3
operated
incidental
to
the
ATV’s
use
for
agricultural
purposes
4
only
from
sunrise
to
sunset.
In
accordance
with
current
law,
5
an
ATV
is
a
motor
vehicle
and
therefore
must
be
equipped
with
6
the
parts,
lamps,
and
other
equipment
in
proper
condition
7
and
adjustment
as
required
under
Code
chapter
321
for
motor
8
vehicles.
Current
law
specifies
certain
Code
sections
for
9
which
this
applies,
including
Code
sections
321.386,
321.387,
10
321.404,
321.432,
and
321.437.
The
bill
strikes
these
specific
11
Code
section
references.
Striking
these
references
does
not
12
eliminate
the
requirement
for
an
ATV
to
be
properly
equipped
by
13
law.
However,
the
bill
provides
an
exception
for
requirements
14
which
by
their
nature
cannot
apply
to
ATVs.
Similar
exceptions
15
exist
under
current
law
for
bicycles
and
animal-drawn
vehicles.
16
Under
current
law,
a
city
is
prohibited
from
charging
a
fee
17
to
operate
a
registered
ATV
within
the
city.
The
bill
retains
18
this
prohibition
and
also
prohibits
counties
from
charging
a
19
fee
to
operate
a
registered
ATV
within
the
county.
20
A
person
who
operates
an
ATV
on
a
highway
in
violation
21
of
the
bill
commits
a
simple
misdemeanor
punishable
by
a
$70
22
scheduled
fine.
23
The
bill
modifies
the
current
prohibition
against
operating
24
an
ATV
on
snowmobile
trails
under
Code
section
321I.10
by
25
expanding
the
prohibition
to
off-road
utility
vehicles
and
26
modifying
the
exception
for
snowmobile
trails
designated
by
27
the
controlling
authority
and
the
primary
snowmobile
sponsor,
28
rather
than
designated
by
the
controlling
authority
and
the
29
primary
snowmobile
trail
sponsor.
30
The
bill
makes
conforming
changes.
31
The
bill
does
not
amend
provisions
requiring
a
person
to
32
register
an
ATV
with
the
DNR
through
a
country
recorder
to
33
operate
on
certain
highways,
and
on
public
land,
public
ice,
34
and
designated
riding
trails.
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