Bill Text: IA HF248 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the operation of all-terrain vehicles on highways upon registration with the department of transportation, providing a registration fee, and providing penalties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-05-03 - NOBA: Senate Full Approps [HF248 Detail]
Download: Iowa-2017-HF248-Introduced.html
House File 248 - Introduced HOUSE FILE BY HEARTSILL and McKEAN A BILL FOR 1 An Act relating to the operation of all=terrain vehicles 2 on highways upon registration with the department of 3 transportation, providing a registration fee, and providing 4 penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1257YH (6) 87 av/nh PAG LIN 1 1 Section 1. Section 321.1, subsection 32, Code 2017, is 1 2 amended to read as follows: 1 3 32. "Implement of husbandry" means a vehicle or special 1 4 mobile equipment manufactured, designed, or reconstructed 1 5 for agricultural purposes and, except for incidental uses, 1 6 exclusively used in the conduct of agricultural operations. 1 7 "Implements of husbandry" includes all=terrain vehicles operated 1 8 in compliance with section 321.234A, subsection 1, paragraph 1 9 "a", but not registered for operation upon a highway pursuant 1 10 to section 321.118, fence=line feeders, and vehicles used 1 11 exclusively for the application of organic or inorganic plant 1 12 food materials, organic agricultural limestone, or agricultural 1 13 chemicals. To be considered an implement of husbandry, a 1 14 self=propelled implement of husbandry must be operated at 1 15 speeds of thirty=five miles per hour or less. 1 16 a. "Reconstructed" as used in this subsection means 1 17 materially altered from the original construction by the 1 18 removal, addition, or substitution of essential parts, new or 1 19 used. 1 20 b. A vehicle covered under this subsection, if it otherwise 1 21 qualifies, may be operated as special mobile equipment 1 22 and under such circumstances this subsection shall not be 1 23 applicable to such vehicle, and such vehicle shall not be 1 24 required to comply with sections 321.384 through 321.423, when 1 25 such vehicle is moved during daylight hours; however, the 1 26 provisions of section 321.383 shall remain applicable to such 1 27 vehicle. 1 28 Sec. 2. Section 321.1, subsection 47A, Code 2017, is amended 1 29 to read as follows: 1 30 47A. "Off=road utility vehicle" means a motorized 1 31 flotation=tire vehicle with not less than four and not more 1 32 than eight low=pressure tires that is limited in engine 1 33 displacement to less than one thousand five hundred cubic 1 34 centimeters and in total dry weight to not more thanonetwo 1 35 thousandeight hundredpounds and that has a seat that is of 2 1 bucket or bench design, not intended to be straddled by the 2 2 operator, and a steering wheel or control levers for control. 2 3 "Off=road utility vehicle" does not include dune buggies, golf 2 4 carts, go=carts, or minitrucks. 2 5 Sec. 3. Section 321.105A, subsection 2, paragraph c, Code 2 6 2017, is amended by adding the following new subparagraph: 2 7 NEW SUBPARAGRAPH. (32) An all=terrain vehicle which is 2 8 exempt from the sales tax pursuant to section 423.3, subsection 2 9 8, or for which the applicant has paid the sales tax in this 2 10 state or has paid to another state a state sales, use, or 2 11 occupational tax. 2 12 Sec. 4. Section 321.109, subsection 1, paragraph a, Code 2 13 2017, is amended to read as follows: 2 14 a. The annual fee for all motor vehicles including vehicles 2 15 designated by manufacturers as station wagons, 1993 and 2 16 subsequent model year multipurpose vehicles, and 2010 and 2 17 subsequent model year motor trucks with an unladen weight of 2 18 ten thousand pounds or less, except motor trucks registered 2 19 under section 321.122, business=trade trucks, special trucks, 2 20 motor homes, motorsports recreational vehicles, ambulances, 2 21 hearses, all=terrain vehicles, autocycles, motorcycles, 2 22 motorized bicycles, and 1992 and older model year multipurpose 2 23 vehicles, shall be equal to one percent of the value as 2 24 fixed by the department plus forty cents for each one hundred 2 25 pounds or fraction thereof of weight of vehicle, as fixed 2 26 by the department. The weight of a motor vehicle, fixed by 2 27 the department for registration purposes, shall include the 2 28 weight of a battery, heater, bumpers, spare tire, and wheel. 2 29 Provided, however, that for any new vehicle purchased in 2 30 this state by a nonresident for removal to the nonresident's 2 31 state of residence the purchaser may make application to the 2 32 county treasurer in the county of purchase for a transit plate 2 33 for which a fee of ten dollars shall be paid. And provided, 2 34 however, that for any used vehicle held by a registered dealer 2 35 and not currently registered in this state, or for any vehicle 3 1 held by an individual and currently registered in this state, 3 2 when purchased in this state by a nonresident for removal to 3 3 the nonresident's state of residence, the purchaser may make 3 4 application to the county treasurer in the county of purchase 3 5 for a transit plate for which a fee of three dollars shall 3 6 be paid. The county treasurer shall issue a nontransferable 3 7 certificate of registration for which no refund shall be 3 8 allowed; and the transit plates shall be void thirty days 3 9 after issuance. Such purchaser may apply for a certificate 3 10 of title by surrendering the manufacturer's or importer's 3 11 certificate or certificate of title, duly assigned as provided 3 12 in this chapter. In this event, the treasurer in the county 3 13 of purchase shall, when satisfied with the genuineness and 3 14 regularity of the application, and upon payment of a fee of 3 15 twenty dollars, issue a certificate of title in the name and 3 16 address of the nonresident purchaser delivering the title 3 17 to the owner. If there is a security interest noted on the 3 18 title, the county treasurer shall mail to the secured party an 3 19 acknowledgment of the notation of the security interest. The 3 20 county treasurer shall not release a security interest that 3 21 has been noted on a title issued to a nonresident purchaser 3 22 as provided in this paragraph. The application requirements 3 23 of section 321.20 apply to a title issued as provided in this 3 24 subsection, except that a natural person who applies for a 3 25 certificate of title shall provide either the person's social 3 26 security number, passport number, or driver's license number, 3 27 whether the license was issued by this state, another state, or 3 28 another country. The provisions of this subsection relating to 3 29 multipurpose vehicles are effective for all 1993 and subsequent 3 30 model years. The annual registration fee for multipurpose 3 31 vehicles that are 1992 model years and older shall be in 3 32 accordance with section 321.124. 3 33 Sec. 5. NEW SECTION. 321.118 All=terrain vehicles. 3 34 1. An all=terrain vehicle designed to travel on four or 3 35 more wheels may be registered under this chapter for operation 4 1 on secondary roads and on city streets where authorized, as 4 2 provided in this chapter, for an annual fee of fifty dollars. 4 3 However, all=terrain vehicles registered under this section 4 4 are not subject to the titling provisions of this chapter or 4 5 to the manufacturer's label requirement under section 321.30, 4 6 subsection 2, paragraph "a". Registration under this section 4 7 is in addition to the titling and registration requirements of 4 8 chapter 321I. An applicant for registration of an all=terrain 4 9 vehicle under this section shall submit, along with the 4 10 application, a copy of the registration certificate issued for 4 11 the vehicle pursuant to section 321I.4 containing a description 4 12 of the vehicle and identifying the applicant as the owner of 4 13 the vehicle. 4 14 2. This section shall not be construed to include 4 15 all=terrain vehicles within the meaning of the term "motor 4 16 vehicle subject to registration" or "vehicle subject to 4 17 registration" as those terms apply to the regulation of motor 4 18 vehicle dealers, manufacturers, or distributors or to the sale, 4 19 rental, lease, transfer, or disposition of motor vehicles. 4 20 Sec. 6. Section 321.166, subsection 1, paragraph a, Code 4 21 2017, is amended to read as follows: 4 22 a. Registration plates shall be of metal and of a size not 4 23 to exceed six inches by twelve inches, except that the size 4 24 of plates issued for use on autocycles, motorized bicycles, 4 25 motorcycles, all=terrain vehicles, motorcycle trailers, and 4 26 trailers with an empty weight of two thousand pounds or less 4 27 shall be established by the department. 4 28 Sec. 7. Section 321.166, subsection 4, Code 2017, is amended 4 29 to read as follows: 4 30 4. The registration plate number, except on autocycles, 4 31 motorized bicycles, motorcycles, all=terrain vehicles, 4 32 motorcycle trailers, and trailers with an empty weight of two 4 33 thousand pounds or less, shall be of sufficient size to be 4 34 readable from a distance of one hundred feet during daylight. 4 35 Sec. 8. Section 321.234A, subsection 1, paragraph f, Code 5 1 2017, is amended by striking the paragraph. 5 2 Sec. 9. Section 321.234A, Code 2017, is amended by adding 5 3 the following new subsection: 5 4 NEW SUBSECTION. 5. The provisions of this section do 5 5 not apply to an all=terrain vehicle registered under section 5 6 321.118 and operated on a highway in accordance with section 5 7 321.234B. 5 8 Sec. 10. NEW SECTION. 321.234B Registered all=terrain 5 9 vehicles ==== operation on highways. 5 10 An all=terrain vehicle which is registered pursuant to 5 11 section 321.118 may be operated on a highway subject to all of 5 12 the following: 5 13 1. Persons who may operate. A person shall not operate an 5 14 all=terrain vehicle on a highway unless the person is sixteen 5 15 years of age or older and has a valid driver's license other 5 16 than a license valid only for operation of a motorized bicycle. 5 17 2. Operation on certain highways only. An all=terrain 5 18 vehicle registered under section 321.118 may be operated on 5 19 secondary roads, but shall not be operated on primary highways 5 20 or on highways within the corporate limits of a city except as 5 21 follows: 5 22 a. A person shall not operate an all=terrain vehicle 5 23 registered under section 321.118 on a primary highway except to 5 24 cross a primary highway. However, the provisions of section 5 25 321I.10 govern the crossing of a primary highway when the 5 26 all=terrain vehicle is being operated on an all=terrain vehicle 5 27 trail. 5 28 b. A person shall not operate an all=terrain vehicle 5 29 registered under section 321.118 on a highway within the 5 30 corporate limits of a city except on a nonprimary highway where 5 31 such operation is authorized by ordinance pursuant to section 5 32 321.236, subsection 14A. 5 33 3. Motor vehicle laws applicable. The motor vehicle 5 34 laws, including but not limited to the provisions of sections 5 35 321.20B, 321.285, 321.317, 321.385, and 321.387, apply to the 6 1 operation of all=terrain vehicles registered for operation on 6 2 highways, except for those provisions relating to required 6 3 equipment which by their nature can have no practical 6 4 application. 6 5 4. Penalties. A person convicted of a violation of 6 6 subsection 1 or 2 is guilty of a simple misdemeanor punishable 6 7 as a scheduled violation under section 805.8A, subsection 6. 6 8 Sec. 11. Section 321.236, Code 2017, is amended by adding 6 9 the following new subsection: 6 10 NEW SUBSECTION. 14A. Authorizing the operation of 6 11 all=terrain vehicles registered under section 321.118 on 6 12 highways under the jurisdiction of a city, other than municipal 6 13 extensions of primary highways. 6 14 Sec. 12. Section 321.285, Code 2017, is amended by adding 6 15 the following new subsection: 6 16 NEW SUBSECTION. 6A. Notwithstanding any other speed 6 17 restrictions allowing for speed in excess of forty=five miles 6 18 per hour, a person shall not operate an all=terrain vehicle on 6 19 a highway at a speed in excess of forty=five miles per hour. 6 20 Sec. 13. Section 321F.1, subsection 7, Code 2017, is amended 6 21 to read as follows: 6 22 7. "Motor vehicle" means every vehicle which is 6 23 self=propelled and subject to registration under the laws of 6 24 this state, other than an all=terrain vehicle as defined in 6 25 section 321.1. 6 26 Sec. 14. Section 321H.2, subsection 11, Code 2017, is 6 27 amended to read as follows: 6 28 11. "Vehicle subject to registration" means any vehicle 6 29 that is of a type required to be registered under chapter 321 6 30 when operated on a public highway, including but not limited 6 31 to a vehicle that is inoperable, salvage, or rebuilt, but not 6 32 including an all=terrain vehicle as defined in section 321.1. 6 33 Sec. 15. Section 321I.9, unnumbered paragraph 1, Code 2017, 6 34 is amended to read as follows: 6 35 Registration under this chapter shall not be required for 7 1 the following described all=terrain vehicles: 7 2 Sec. 16. Section 321I.10, subsection 1, Code 2017, is 7 3 amended to read as follows: 7 4 1. A person shall not operate an all=terrain vehicle or 7 5 off=road utility vehicle upon roadways or highways except as 7 6 provided insectionsections 321.234A and 321.234B and this 7 7 section. 7 8 Sec. 17. Section 321I.10, subsections 2 and 3, Code 2017, 7 9 are amended by striking the subsections. 7 10 Sec. 18. Section 321I.31, subsection 1, Code 2017, is 7 11 amended to read as follows: 7 12 1. The owner of an all=terrain vehicle acquired on or 7 13 after January 1, 2000, other than an all=terrain vehicle used 7 14 exclusively as a farm implement or a motorcycle previously 7 15 issued a title pursuant to chapter 321, shall apply to the 7 16 county recorder of the county in which the owner resides for a 7 17 certificate of title for the all=terrain vehicle. The owner 7 18 of an all=terrain vehicle used exclusively as a farm implement 7 19 may obtain a certificate of title. A person who owns an 7 20 all=terrain vehicle that is not required to have a certificate 7 21 of title may apply for and receive a certificate of title for 7 22 the all=terrain vehicle and, subsequently, the all=terrain 7 23 vehicle shall be subject to the requirements of this chapter 7 24 as if the all=terrain vehicle were required to be titled. All 7 25 all=terrain vehicles that are titled shall be registered under 7 26 this chapter. 7 27 Sec. 19. Section 322.2, subsections 14 and 24, Code 2017, 7 28 are amended to read as follows: 7 29 14. "Motor vehicle" means any self=propelled vehicle subject 7 30 to registration under chapter 321, other than an all=terrain 7 31 vehicle as defined in section 321.1. 7 32 24. "Used motor vehicle" or "second=hand motor vehicle" means 7 33 any motor vehicle of a type subject to registration under the 7 34 laws of this state, except an all=terrain vehicle as defined 7 35 in section 321.1, which has been sold "at retail" as defined 8 1 in this chapter and previously registered in this or any other 8 2 state. 8 3 Sec. 20. Section 322A.1, subsection 8, Code 2017, is amended 8 4 to read as follows: 8 5 8. "Motor vehicle" means a "motorvehicles"vehicle" as 8 6 defined in chapter 321 whichareis subject to registration 8 7 pursuant to the provisions thereof, other than an all=terrain 8 8 vehicle as defined in section 321.1. 8 9 Sec. 21. Section 331.362, subsection 9, Code 2017, is 8 10 amended to read as follows: 8 11 9. A county may regulate traffic on and use of the secondary 8 12 roads, in accordance with sections 321.236 to 321.250, 321.254, 8 13 321.255, 321.285, subsection 4, sections 321.352, 321.471 8 14 to 321.473, and other applicable provisions of chapter 321, 8 15 chapter 321E, and sections 321G.9, 321I.10,and 327G.15. 8 16 Sec. 22. Section 423.1, subsection 66, Code 2017, is amended 8 17 to read as follows: 8 18 66. "Vehicles subject to registration" means any vehicle 8 19 subject to registration pursuant to section 321.18, other than 8 20 an all=terrain vehicle or off=road utility vehicle registered 8 21 pursuant to section 321.118. 8 22 Sec. 23. Section 516E.1, subsection 6, Code 2017, is amended 8 23 to read as follows: 8 24 6. "Motor vehicle" means any self=propelled vehicle subject 8 25 to registration under chapter 321, other than an all=terrain 8 26 vehicle as defined in section 321.1. 8 27 Sec. 24. Section 537B.2, subsection 2, Code 2017, is amended 8 28 to read as follows: 8 29 2. "Motor vehicle" means a motor vehicle as defined in 8 30 section 321.1 which is subject to registration. However, 8 31 "motor vehicle" does not include a motor vehicle, as defined in 8 32 section 321.1, with a gross vehicle weight rating of more than 8 33 twelve thousand pounds, or an all=terrain vehicle as defined 8 34 in section 321.1. 8 35 Sec. 25. Section 805.8A, subsection 6, Code 2017, is amended 9 1 by adding the following new paragraph: 9 2 NEW PARAGRAPH. 0a. Section 321.234B, subsection 1 9 3 or 2$50. 9 4 EXPLANATION 9 5 The inclusion of this explanation does not constitute agreement with 9 6 the explanation's substance by the members of the general assembly. 9 7 This bill provides for the registration of all=terrain 9 8 vehicles for operation on certain Iowa roads. 9 9 Code section 321.1 defines "all=terrain vehicle" as a motor 9 10 vehicle designed to travel on three or more wheels and designed 9 11 primarily for off=road recreational use. The definition 9 12 includes off=road utility vehicles, but excludes farm tractors 9 13 or equipment, construction equipment, forestry vehicles, 9 14 and lawn and grounds maintenance vehicles. Currently, the 9 15 department of natural resources regulates all=terrain vehicles 9 16 for purposes of off=road recreational use. All=terrain 9 17 vehicles are not permitted on Iowa roads, except under limited 9 18 circumstances. 9 19 Under the bill, the owner of an all=terrain vehicle designed 9 20 to travel on four or more wheels may register the vehicle 9 21 with the department of transportation through the county 9 22 treasurer. The annual registration fee is $50. The size 9 23 of license plates to be issued for all=terrain vehicles will 9 24 be determined by the department of transportation. Because 9 25 all=terrain vehicles are currently subject to sales tax, 9 26 the bill provides that all=terrain vehicles are exempt from 9 27 the fee for new registration imposed on vehicles subject to 9 28 registration, so long as the owner has paid the Iowa sales 9 29 tax or the appropriate tax in another state at the time of 9 30 purchase. If an all=terrain vehicle is exempt from sales tax, 9 31 the vehicle is also exempt from the fee for new registration. 9 32 Registration with the department of transportation does not 9 33 exempt the owner from the current requirement to register the 9 34 all=terrain vehicle with the department of natural resources, 9 35 and the department of natural resources will continue to 10 1 issue certificates of title for all=terrain vehicles. The 10 2 bill requires an applicant for registration of an all=terrain 10 3 vehicle with the department of transportation to present a 10 4 copy of the registration receipt issued by the department of 10 5 natural resources containing a description of the vehicle and 10 6 identifying the applicant as the owner of the vehicle. The 10 7 bill specifies that a manufacturer's label certifying that the 10 8 vehicle meets federal motor vehicle safety standards is not 10 9 required for registration of an all=terrain vehicle with the 10 10 department of transportation, and current provisions under 10 11 the purview of the department of transportation relating to 10 12 the regulation of motor vehicle dealers, manufacturers, and 10 13 distributors or to the sale, rental, lease, transfer, or 10 14 disposition of motor vehicles do not apply to all=terrain 10 15 vehicles. 10 16 The bill provides that an all=terrain vehicle registered 10 17 with the department of transportation may be operated on 10 18 secondary roads, but not on primary highways, except to 10 19 cross over a primary highway, and not on highways within the 10 20 corporate limits of a city except where all=terrain vehicles 10 21 are permitted by ordinance. Under the bill, a city may 10 22 authorize the operation of all=terrain vehicles registered 10 23 with the department of transportation on highways under the 10 24 city's jurisdiction other than municipal extensions of primary 10 25 highways. The bill strikes current provisions in Code chapter 10 26 321I that allow cities and counties to designate roads under 10 27 their jurisdiction for the operation of all=terrain vehicles 10 28 registered with the department of natural resources. 10 29 The bill states that a person who operates an all=terrain 10 30 vehicle on a highway must be at least 16 years of age and have 10 31 a valid driver's license other than a license valid only for 10 32 the operation of a motorized bicycle. Iowa motor vehicle laws 10 33 apply to the operation of all=terrain vehicles on highways 10 34 except those equipment provisions which by their nature can 10 35 have no practical application. The bill specifies that the 11 1 operator of an all=terrain vehicle must carry proof of motor 11 2 vehicle financial liability coverage, and the all=terrain 11 3 vehicle must meet requirements for headlamps, rear lamps, 11 4 and turn signals. Current speed limits apply to all=terrain 11 5 vehicles operated on a highway, except that an all=terrain 11 6 vehicle may not be operated at a speed exceeding 45 miles per 11 7 hour. 11 8 The bill amends the definition of "vehicles subject to 11 9 registration" for purposes of the exemption from the sales and 11 10 use tax, to exclude all=terrain vehicles and off=road utility 11 11 vehicles registered for operation on highways, in order to 11 12 continue the applicability of the sales tax to those vehicles. 11 13 Under current law, a person who operates an all=terrain 11 14 vehicle on a highway in violation of current restrictions 11 15 commits a simple misdemeanor punishable by a scheduled fine 11 16 of $50. The bill establishes the same penalty for a person 11 17 who operates a registered all=terrain vehicle in violation of 11 18 minimum age and licensing requirements or on a highway where 11 19 all=terrain vehicle operation is not authorized. 11 20 The bill makes conforming amendments to Code chapter 11 21 321I, relating to the regulation of all=terrain vehicles by 11 22 the department of natural resources. The bill also amends 11 23 definitions in Code chapters applicable to motor vehicle 11 24 dealers, motor vehicle franchisers, the leasing and renting 11 25 of motor vehicles, vehicle recyclers, motor vehicle service 11 26 contracts, and motor vehicle service trade practices, to 11 27 continue to exclude all=terrain vehicles from those provisions. LSB 1257YH (6) 87 av/nh s
