Bill Text: IA SF2063 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the operation of certain all-terrain vehicles on streets and highways upon registration with the department of transportation, providing a registration fee, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-01 - Subcommittee, Hancock, Danielson, and Ernst. S.J. 166. [SF2063 Detail]
Download: Iowa-2011-SF2063-Introduced.html
Senate
File
2063
-
Introduced
SENATE
FILE
2063
BY
KETTERING
A
BILL
FOR
An
Act
relating
to
the
operation
of
certain
all-terrain
1
vehicles
on
streets
and
highways
upon
registration
with
the
2
department
of
transportation,
providing
a
registration
fee,
3
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5521SS
(5)
84
dea/nh
S.F.
2063
Section
1.
Section
321.1,
subsections
4
and
32,
Code
1
Supplement
2011,
are
amended
to
read
as
follows:
2
4.
“All-terrain
vehicle”
means
a
motor
vehicle
designed
3
to
travel
on
three
or
more
wheels
and
designed
primarily
for
4
off-road
recreational
use.
“All-terrain
vehicle”
includes
5
off-road
utility
vehicles
as
defined
in
section
321I.1
,
but
6
does
not
include
farm
tractors
or
equipment,
construction
7
equipment,
forestry
vehicles,
or
lawn
and
grounds
maintenance
8
vehicles.
9
32.
“Implement
of
husbandry”
means
a
vehicle
or
special
10
mobile
equipment
manufactured,
designed,
or
reconstructed
11
for
agricultural
purposes
and,
except
for
incidental
uses,
12
exclusively
used
in
the
conduct
of
agricultural
operations.
13
“Implements
of
husbandry”
includes
all-terrain
vehicles
operated
14
in
compliance
with
section
321.234A,
subsection
1
,
paragraph
15
“a”
,
but
not
registered
for
operation
upon
a
highway
pursuant
16
to
section
321.118;
fence-line
feeders
,
;
and
vehicles
used
17
exclusively
for
the
application
of
organic
or
inorganic
plant
18
food
materials,
organic
agricultural
limestone,
or
agricultural
19
chemicals.
To
be
considered
an
implement
of
husbandry,
a
20
self-propelled
implement
of
husbandry
must
be
operated
at
21
speeds
of
thirty-five
miles
per
hour
or
less.
22
a.
“Reconstructed”
,
as
used
in
this
subsection
,
means
23
materially
altered
from
the
original
construction
by
the
24
removal,
addition,
or
substitution
of
essential
parts,
new
or
25
used.
26
b.
A
vehicle
covered
under
this
subsection
,
if
it
otherwise
27
qualifies,
may
be
operated
as
special
mobile
equipment
28
and
under
such
circumstances
this
subsection
shall
not
be
29
applicable
to
such
vehicle,
and
such
vehicle
shall
not
be
30
required
to
comply
with
sections
321.384
through
321.423
,
when
31
such
vehicle
is
moved
during
daylight
hours;
however,
the
32
provisions
of
section
321.383
shall
remain
applicable
to
such
33
vehicle.
34
Sec.
2.
Section
321.1,
Code
Supplement
2011,
is
amended
by
35
-1-
LSB
5521SS
(5)
84
dea/nh
1/
7
S.F.
2063
adding
the
following
new
subsection:
1
NEW
SUBSECTION
.
47A.
“Off-road
utility
vehicle”
means
as
2
defined
in
section
321I.1,
subsection
16,
paragraph
“a”
.
3
Sec.
3.
Section
321.20,
subsection
1,
paragraph
e,
Code
4
2011,
is
amended
to
read
as
follows:
5
e.
The
amount
of
the
fee
for
new
registration
to
be
paid
6
under
section
321.105A
,
the
amount
of
tax
to
be
paid
under
7
section
423.26,
subsection
1,
or
the
amount
of
tax
to
be
paid
8
under
section
423.26A
,
or
the
amount
of
sales
tax
paid
under
9
section
423.2
.
10
Sec.
4.
Section
321.105A,
subsection
2,
paragraph
c,
11
Code
Supplement
2011,
is
amended
by
adding
the
following
new
12
subparagraph:
13
NEW
SUBPARAGRAPH
.
(31)
All-terrain
vehicles,
if
the
owner
14
paid
the
sales
tax
required
under
section
423.2
at
the
time
the
15
vehicle
was
purchased.
16
Sec.
5.
NEW
SECTION
.
321.118
All-terrain
vehicles.
17
An
all-terrain
vehicle
with
four
or
more
wheels
and
a
18
combustion
engine
having
a
piston
or
rotor
displacement
of
two
19
hundred
centimeters
or
more
may
be
titled
and
registered
under
20
this
chapter
for
operation
on
streets
or
highways
for
an
annual
21
fee
of
twenty
dollars.
22
Sec.
6.
Section
321.166,
subsection
1,
paragraph
a,
Code
23
2011,
is
amended
to
read
as
follows:
24
a.
Registration
plates
shall
be
of
metal
and
of
a
size
not
25
to
exceed
six
inches
by
twelve
inches,
except
that
the
size
26
of
plates
issued
for
use
on
all-terrain
vehicles,
motorized
27
bicycles,
motorcycles,
motorcycle
trailers,
and
trailers
28
with
an
empty
weight
of
two
thousand
pounds
or
less
shall
be
29
established
by
the
department.
30
Sec.
7.
Section
321.166,
subsection
4,
Code
2011,
is
amended
31
to
read
as
follows:
32
4.
The
registration
plate
number,
except
on
all-terrain
33
vehicles,
motorized
bicycles,
motorcycles,
motorcycle
trailers,
34
and
trailers
with
an
empty
weight
of
two
thousand
pounds
35
-2-
LSB
5521SS
(5)
84
dea/nh
2/
7
S.F.
2063
or
less,
shall
be
of
sufficient
size
to
be
readable
from
a
1
distance
of
one
hundred
feet
during
daylight.
2
Sec.
8.
Section
321.234A,
Code
2011,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
5.
The
provisions
of
this
section
do
5
not
apply
to
an
all-terrain
vehicle
operated
on
a
highway
in
6
accordance
with
section
321.234B.
7
Sec.
9.
NEW
SECTION
.
321.234B
Registered
all-terrain
8
vehicles
——
penalty.
9
1.
An
all-terrain
vehicle
which
is
registered
under
this
10
chapter
may
be
operated
by
a
person
with
a
valid
driver’s
11
license
on
a
highway
other
than
an
interstate
highway.
12
2.
The
motor
vehicle
laws
apply
to
the
operation
of
13
all-terrain
vehicles
registered
for
operation
on
highways,
14
except
for
those
provisions
relating
to
required
equipment
15
which
by
their
nature
can
have
no
practical
application.
16
3.
An
all-terrain
vehicle
registered
under
this
chapter
17
and
operated
on
a
highway
shall
be
equipped
with
headlights,
18
taillights,
turn
signals,
a
rearview
mirror,
and
safety
belts.
19
4.
A
person
convicted
of
a
violation
of
a
provision
of
20
this
section
is
guilty
of
a
simple
misdemeanor
punishable
as
a
21
scheduled
violation
under
section
805.8A,
subsection
3.
22
Sec.
10.
Section
321I.1,
subsection
16,
paragraph
b,
Code
23
2011,
is
amended
to
read
as
follows:
24
b.
An
owner
of
an
off-road
utility
vehicle
may
register
25
or
title
an
off-road
utility
vehicle
in
order
to
legally
26
operate
the
off-road
vehicle
on
public
ice,
a
designated
27
riding
area,
or
a
designated
riding
trail.
The
operator
of
an
28
off-road
utility
vehicle
is
subject
to
provisions
governing
29
the
operation
of
all-terrain
vehicles
in
section
321.234A
and
30
this
chapter
,
but
is
exempt
from
the
safety
instruction
and
31
certification
program
requirements
of
sections
321I.25
and
32
321I.26
.
An
operator
of
an
off-road
utility
vehicle
shall
not
33
operate
the
vehicle
on
a
designated
riding
area
or
designated
34
riding
trail
unless
the
department
has
posted
signage
35
-3-
LSB
5521SS
(5)
84
dea/nh
3/
7
S.F.
2063
indicating
the
riding
area
or
trail
is
open
to
the
operation
1
of
off-road
utility
vehicles.
Off-road
utility
vehicles
are
2
exempt
from
the
dealer
registration
and
titling
requirements
3
of
this
chapter
.
A
motorized
vehicle
that
was
previously
4
titled
or
is
currently
titled
under
chapter
321
,
except
section
5
321.118,
shall
not
be
registered
or
operated
as
an
off-road
6
utility
vehicle
under
this
chapter
.
7
Sec.
11.
Section
321I.9,
unnumbered
paragraph
1,
Code
2011,
8
is
amended
to
read
as
follows:
9
Registration
under
this
chapter
shall
not
be
required
for
10
the
following
described
all-terrain
vehicles:
11
Sec.
12.
Section
321I.9,
Code
2011,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
4.
All-terrain
vehicles
registered
under
14
chapter
321
and
used
in
accordance
with
section
321.234B.
15
Sec.
13.
Section
321I.10,
subsections
1,
2,
and
3,
Code
16
2011,
are
amended
to
read
as
follows:
17
1.
A
person
shall
not
operate
an
all-terrain
vehicle
or
18
off-road
utility
vehicle
upon
roadways
or
highways
except
as
19
provided
in
section
321.234A
,
321.234B,
and
this
section
.
20
2.
A
registered
An
all-terrain
vehicle
or
off-road
utility
21
vehicle
registered
under
this
chapter
may
be
operated
on
22
the
roadways
of
that
portion
of
county
highways
designated
23
by
the
county
board
of
supervisors
for
such
use
during
a
24
specified
period.
The
county
board
of
supervisors
shall
25
evaluate
the
traffic
conditions
on
all
county
highways
and
26
designate
roadways
on
which
all-terrain
vehicles
or
off-road
27
utility
vehicles
may
be
operated
for
the
specified
period
28
without
unduly
interfering
with
or
constituting
an
undue
29
hazard
to
conventional
motor
vehicle
traffic.
In
designating
30
such
roadways,
the
board
may
authorize
all-terrain
vehicles
31
and
off-road
utility
vehicles
to
stop
at
service
stations
or
32
convenience
stores
along
a
designated
roadway.
33
3.
Cities
may
designate
streets
under
the
jurisdiction
of
34
cities
within
their
respective
corporate
limits
which
may
be
35
-4-
LSB
5521SS
(5)
84
dea/nh
4/
7
S.F.
2063
used
for
the
operation
of
registered
all-terrain
vehicles
or
1
registered
off-road
utility
vehicles
under
this
chapter
.
In
2
designating
such
streets,
the
city
may
authorize
all-terrain
3
vehicles
and
off-road
utility
vehicles
to
stop
at
service
4
stations
or
convenience
stores
along
a
designated
street.
5
Sec.
14.
Section
321I.31,
subsection
1,
Code
2011,
is
6
amended
to
read
as
follows:
7
1.
The
owner
of
an
all-terrain
vehicle
acquired
on
or
8
after
January
1,
2000,
other
than
an
all-terrain
vehicle
used
9
exclusively
as
a
farm
implement
,
or
a
motorcycle
previously
10
issued
a
title
pursuant
to
chapter
321
,
or
an
all-terrain
11
vehicle
titled
and
registered
in
accordance
with
section
12
321.118,
shall
apply
to
the
county
recorder
of
the
county
in
13
which
the
owner
resides
for
a
certificate
of
title
for
the
14
all-terrain
vehicle.
The
owner
of
an
all-terrain
vehicle
15
used
exclusively
as
a
farm
implement
may
obtain
a
certificate
16
of
title.
A
person
who
owns
an
all-terrain
vehicle
that
is
17
not
required
to
have
a
certificate
of
title
may
apply
for
and
18
receive
a
certificate
of
title
for
the
all-terrain
vehicle
19
and,
subsequently,
the
all-terrain
vehicle
shall
be
subject
to
20
the
requirements
of
this
chapter
as
if
the
all-terrain
vehicle
21
were
required
to
be
titled.
All
all-terrain
vehicles
that
22
are
titled
under
this
chapter
shall
be
registered
under
this
23
chapter
.
24
Sec.
15.
Section
805.8A,
subsection
3,
Code
Supplement
25
2011,
is
amended
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
0b.
Section
321.234B
.
.
.
.
.
.
.
.
.
.
$
50.
27
EXPLANATION
28
This
bill
provides
for
the
registration
of
certain
29
all-terrain
vehicles
for
operation
on
noninterstate
highways.
30
Under
the
bill,
all-terrain
vehicles
with
four
or
more
31
wheels
and
a
combustion
engine
having
a
piston
or
rotor
32
displacement
of
200
centimeters
or
more
may
be
titled
and
33
registered
with
the
department
of
transportation
for
operation
34
on
streets
or
highways.
The
annual
registration
fee
is
$20.
35
-5-
LSB
5521SS
(5)
84
dea/nh
5/
7
S.F.
2063
The
provision
applies
to
off-road
utility
vehicles,
which
for
1
purposes
of
motor
vehicle
regulation,
are
included
in
the
2
definition
of
“all-terrain
vehicle”.
Because
all-terrain
3
vehicles
are
currently
subject
to
sales
tax,
the
bill
provides
4
that
the
vehicles
are
exempt
from
the
fee
for
new
registration
5
imposed
on
vehicles
subject
to
registration,
so
long
as
the
6
owner
has
paid
the
required
sales
tax
at
the
time
of
purchase.
7
The
bill
states
that
a
person
must
have
a
valid
driver’s
8
license
to
operate
a
registered
all-terrain
vehicle
on
a
9
highway
and
that
motor
vehicle
laws
apply
to
the
operation
of
10
registered
all-terrain
vehicles
except
provisions
relating
to
11
required
equipment
which
by
their
nature
can
have
no
practical
12
application.
The
bill
requires
a
registered
all-terrain
13
vehicle
operated
on
a
highway
to
be
equipped
with
headlights,
14
taillights,
turn
signals,
a
rearview
mirror,
and
safety
15
belts.
A
registered
all-terrain
vehicle
may
not
be
driven
on
16
an
interstate.
A
violation
of
these
provisions
is
a
simple
17
misdemeanor,
punishable
by
a
scheduled
fine
of
$50.
18
Pursuant
to
Code
section
321.234A,
all-terrain
vehicles
are
19
currently
permitted
on
highways
for
limited
purposes,
including
20
agricultural
use,
subject
to
specific
restrictions.
Those
21
existing
provisions
are
not
amended
in
the
bill
and
continue
to
22
apply
to
all-terrain
vehicles
which
are
not
registered
by
the
23
department
of
transportation
under
the
bill.
24
Under
current
law,
all-terrain
vehicles
operated
on
public
25
land
or
ice
or
on
designated
riding
areas
or
designated
riding
26
trails
are
required
to
be
registered
with
the
department
27
of
natural
resources.
All-terrain
vehicles
acquired
after
28
January
1,
2000,
other
than
those
used
exclusively
as
farm
29
implements,
must
also
be
titled
by
the
department.
The
bill
30
provides
an
exception
to
that
titling
requirement
for
an
31
all-terrain
vehicle
titled
and
registered
with
the
department
32
of
transportation.
However,
under
the
bill,
an
all-terrain
33
vehicle
which
is
titled
and
registered
for
highway
operation
34
must
still
be
registered
separately
with
the
department
of
35
-6-
LSB
5521SS
(5)
84
dea/nh
6/
7
S.F.
2063
natural
resources
for
operation
on
public
lands
or
ice
or
on
1
designated
riding
areas
and
designated
riding
trails.
2
Currently,
local
authorities
are
authorized
to
designate
3
streets
and
highways
under
their
jurisdiction
for
the
operation
4
of
all-terrain
vehicles
registered
with
the
department
of
5
natural
resources.
That
authority
is
retained
under
the
bill.
6
-7-
LSB
5521SS
(5)
84
dea/nh
7/
7
