Bill Text: IA HF2017 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the operation of all-terrain vehicles on noninterstate highways and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-11 - Subcommittee, Windschitl, Wolfe, and Worthan. H.J. 73. [HF2017 Detail]
Download: Iowa-2011-HF2017-Introduced.html
House
File
2017
-
Introduced
HOUSE
FILE
2017
BY
WINDSCHITL
A
BILL
FOR
An
Act
relating
to
the
operation
of
all-terrain
vehicles
on
1
noninterstate
highways
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
321.1,
subsection
32,
unnumbered
1
paragraph
1,
Code
Supplement
2011,
is
amended
to
read
as
2
follows:
3
“Implement
of
husbandry”
means
a
vehicle
or
special
4
mobile
equipment
manufactured,
designed,
or
reconstructed
5
for
agricultural
purposes
and,
except
for
incidental
uses,
6
exclusively
used
in
the
conduct
of
agricultural
operations.
7
“Implements
of
husbandry”
includes
all-terrain
vehicles
8
operated
in
compliance
with
section
321.234A,
subsection
9
1
,
paragraph
“a”
2
,
fence-line
feeders,
and
vehicles
used
10
exclusively
for
the
application
of
organic
or
inorganic
plant
11
food
materials,
organic
agricultural
limestone,
or
agricultural
12
chemicals.
To
be
considered
an
implement
of
husbandry,
a
13
self-propelled
implement
of
husbandry
must
be
operated
at
14
speeds
of
thirty-five
miles
per
hour
or
less.
“Reconstructed”
15
as
used
in
this
subsection
means
materially
altered
from
the
16
original
construction
by
the
removal,
addition,
or
substitution
17
of
essential
parts,
new
or
used.
18
Sec.
2.
Section
321.234A,
Code
2011,
is
amended
to
read
as
19
follows:
20
321.234A
All-terrain
vehicles
——
highway
use.
21
1.
All-terrain
vehicles
shall
not
be
operated
on
a
highway
22
unless
one
or
more
of
the
following
conditions
apply:
23
a.
The
operation
is
between
sunrise
and
sunset
and
is
24
incidental
to
the
vehicle’s
use
for
agricultural
purposes.
For
25
purposes
of
this
paragraph,
“incidental
to
the
vehicle’s
use
26
for
agricultural
purposes”
includes
stopping
in
the
course
of
27
agricultural
use
to
obtain
fuel
for
the
all-terrain
vehicle
or
28
to
obtain
food
or
a
nonalcoholic
beverage
for
the
operator.
29
Except
as
provided
in
subsection
2,
a
person
shall
not
operate
30
an
all-terrain
vehicle
on
a
highway
unless
one
or
more
of
the
31
following
conditions
apply:
32
a.
The
operation
is
between
sunrise
and
sunset.
33
b.
The
operation
is
incidental
to
the
vehicle’s
use
for
the
34
purpose
of
surveying
by
a
licensed
engineer
or
land
surveyor.
35
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c.
The
all-terrain
vehicle
is
operated
by
an
employee
or
1
agent
of
a
political
subdivision
or
public
utility
for
the
2
purpose
of
construction
or
maintenance
on
or
adjacent
to
the
3
highway.
4
d.
The
all-terrain
vehicle
is
operated
by
an
employee
or
5
agent
of
a
public
agency
as
defined
in
section
34.1
for
the
6
purpose
of
providing
emergency
services
or
rescue.
7
e.
The
all-terrain
vehicle
is
operated
for
the
purpose
8
of
mowing,
installing
approved
trail
signs,
or
providing
9
maintenance
on
a
snowmobile
or
all-terrain
vehicle
trail
10
designated
by
the
department
of
natural
resources.
11
f.
The
all-terrain
vehicle
is
operated
on
a
county
roadway
12
in
accordance
with
section
321I.10,
subsection
2
,
or
a
city
13
street
in
accordance
with
section
321I.10,
subsection
3
.
14
2.
An
all-terrain
vehicle
which
is
an
implement
of
husbandry
15
shall
not
be
operated
on
a
highway
unless
the
operation
16
is
between
sunrise
and
sunset
and
is
incidental
to
the
17
vehicle’s
use
for
agricultural
purposes.
For
purposes
of
this
18
subsection,
“incidental
to
the
vehicle’s
use
for
agricultural
19
purposes”
includes
stopping
in
the
course
of
agricultural
use
to
20
obtain
fuel
for
the
all-terrain
vehicle
or
to
obtain
food
or
a
21
nonalcoholic
beverage
for
the
operator.
22
2.
3.
A
person
operating
an
all-terrain
vehicle
on
a
23
highway
shall
have
a
valid
driver’s
license
,
and
the
vehicle
24
shall
be
operated
at
speeds
of
thirty-five
miles
per
hour
or
25
less.
26
4.
A
person
shall
not
operate
an
all-terrain
vehicle
on
an
27
interstate
highway.
28
3.
5.
An
all-terrain
vehicle
that
is
owned
by
the
owner
29
of
land
adjacent
to
a
highway,
other
than
an
interstate
road,
30
may
be
operated
by
the
owner
of
the
all-terrain
vehicle,
or
by
31
a
member
of
the
owner’s
family,
on
the
portion
of
the
highway
32
right-of-way
that
is
between
the
shoulder
of
the
roadway,
or
at
33
least
five
feet
from
the
edge
of
the
roadway,
and
the
owner’s
34
property
line.
A
person
operating
an
all-terrain
vehicle
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within
the
highway
right-of-way
under
this
subsection
shall
1
comply
with
the
registration,
safety,
and
age
requirements
2
under
chapter
321I
.
3
4.
6.
A
person
convicted
of
a
violation
of
this
section
4
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
5
violation
under
section
805.8A,
subsection
3
.
6
Sec.
3.
Section
321I.9,
subsection
2,
Code
2011,
is
amended
7
to
read
as
follows:
8
2.
All-terrain
vehicles
used
only
in
accordance
with
9
section
321.234A,
subsection
1
,
paragraph
“a”
or
2
.
10
Sec.
4.
Section
321I.10,
subsections
2
and
3,
Code
2011,
are
11
amended
by
striking
the
subsections.
12
Sec.
5.
Section
331.362,
subsection
9,
Code
2011,
is
amended
13
to
read
as
follows:
14
9.
A
county
may
regulate
traffic
on
and
use
of
the
secondary
15
roads,
in
accordance
with
sections
321.236
to
321.250
,
321.254
,
16
321.255
,
321.285,
subsection
4
,
sections
321.352
,
321.471
to
17
321.473
,
and
other
applicable
provisions
of
chapter
321
,
and
18
sections
321G.9
,
321I.10
,
and
327G.15
.
19
EXPLANATION
20
This
bill
provides
for
the
operation
of
all-terrain
vehicles
21
on
highways,
subject
to
certain
restrictions.
22
Under
current
law,
all-terrain
vehicles
are
registered
23
by
the
department
of
natural
resources
for
recreational
use
24
on
public
land
or
ice.
In
general,
registered
all-terrain
25
vehicles
may
not
be
used
on
roadways
or
within
a
highway
26
right-of-way,
but
a
city
or
county
has
the
authority
to
27
allow
all-terrain
vehicles
on
local
roads
under
specified
28
circumstances.
All-terrain
vehicles
which
are
used
for
29
agricultural
purposes
are
exempt
from
registration
requirements
30
and
are
permitted
on
highways
between
the
hours
of
sunrise
31
and
sunset
if
the
operation
is
incidental
to
the
vehicle’s
32
use
for
agricultural
purposes,
including
stopping
for
fuel
33
or
for
food
or
a
beverage
for
the
operator.
In
addition,
34
all-terrain
vehicles
are
permitted
on
a
highway
when
operated
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for
purposes
of
land
surveying
by
a
licensed
engineer
or
land
1
surveyor;
by
an
employee
or
agent
of
a
political
subdivision
2
or
public
utility
for
purposes
of
construction
or
maintenance
3
adjacent
to
the
highway;
by
an
employee
or
agent
of
a
public
4
agency
providing
emergency
rescue
or
services;
and
for
mowing,
5
installing
signs,
or
providing
maintenance
on
a
designated
6
snowmobile
trail
or
all-terrain
vehicle
riding
trail.
7
The
bill
allows
any
person
with
a
valid
driver’s
license
8
to
operate
an
all-terrain
vehicle
on
a
noninterstate
highway
9
between
the
hours
of
sunrise
and
sunset.
The
daytime
10
restriction
does
not
apply
to
highway
use
which
is
currently
11
permitted
for
limited
purposes.
Current
restrictions
which
12
apply
to
all-terrain
vehicles
used
for
agricultural
purposes
13
and
considered
implements
of
husbandry
are
not
changed
under
14
the
bill.
15
Pursuant
to
current
law,
a
person
who
operates
an
16
all-terrain
vehicle
on
a
highway
must
have
a
valid
driver’s
17
license,
and
the
vehicle
must
be
operated
at
speeds
of
35
18
miles
per
hour
or
less.
Because
an
all-terrain
vehicle
is
19
principally
designed
for
use
off
the
highway,
and
because
20
of
the
35
mile
per
hour
speed
restriction,
an
all-terrain
21
vehicle
is
required
to
display
a
reflective
device
visible
22
from
the
rear
when
operated
on
a
highway,
pursuant
to
current
23
requirements
for
slow
vehicles.
A
violation
of
restrictions
on
24
the
operation
of
all-terrain
vehicles
on
a
highway
is
a
simple
25
misdemeanor,
punishable
by
a
scheduled
fine
of
$50.
Failure
to
26
display
a
reflective
device
is
a
simple
misdemeanor
punishable
27
by
a
scheduled
fine
of
$30.
28
The
bill
provides
that
all-terrain
vehicles
which
are
used
29
only
on
highways,
and
not
on
public
lands,
are
not
subject
to
30
registration
by
the
department
of
natural
resources.
The
bill
31
strikes
current
provisions
authorizing
cities
and
counties
to
32
allow
operation
of
all-terrain
vehicles
on
local
roads.
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