Bill Text: IA SF307 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the operation of all-terrain vehicles on highways and making a penalty applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF307 Detail]
Download: Iowa-2011-SF307-Introduced.html
Senate
File
307
-
Introduced
SENATE
FILE
307
BY
FEENSTRA
A
BILL
FOR
An
Act
relating
to
the
operation
of
all-terrain
vehicles
on
1
highways
and
making
a
penalty
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
307
Section
1.
Section
321.1,
subsection
32,
Code
2011,
is
1
amended
to
read
as
follows:
2
32.
“Implement
of
husbandry”
means
a
vehicle
or
special
3
mobile
equipment
manufactured,
designed,
or
reconstructed
4
for
agricultural
purposes
and,
except
for
incidental
uses,
5
exclusively
used
in
the
conduct
of
agricultural
operations.
6
“Implements
of
husbandry”
includes
all-terrain
vehicles
7
operated
in
compliance
with
section
321.234A,
subsection
8
1
3
,
paragraph
“a”
,
fence-line
feeders,
and
vehicles
used
9
exclusively
for
the
application
of
organic
or
inorganic
plant
10
food
materials,
organic
agricultural
limestone,
or
agricultural
11
chemicals.
To
be
considered
an
implement
of
husbandry,
a
12
self-propelled
implement
of
husbandry
must
be
operated
at
13
speeds
of
thirty-five
miles
per
hour
or
less.
“Reconstructed”
14
as
used
in
this
subsection
means
materially
altered
from
the
15
original
construction
by
the
removal,
addition,
or
substitution
16
of
essential
parts,
new
or
used.
17
A
vehicle
covered
under
this
subsection
,
if
it
otherwise
18
qualifies,
may
be
operated
as
special
mobile
equipment
19
and
under
such
circumstances
this
subsection
shall
not
be
20
applicable
to
such
vehicle,
and
such
vehicle
shall
not
be
21
required
to
comply
with
sections
321.384
through
321.423
,
when
22
such
vehicle
is
moved
during
daylight
hours;
however,
the
23
provisions
of
section
321.383
shall
remain
applicable
to
such
24
vehicle.
25
Sec.
2.
Section
321.234A,
Code
2011,
is
amended
to
read
as
26
follows:
27
321.234A
All-terrain
vehicles
——
highway
use.
28
1.
All-terrain
vehicles
shall
not
be
operated
on
a
highway
29
unless
one
or
more
of
the
following
conditions
apply:
30
1.
Except
as
otherwise
provided
in
chapter
321I,
a
person
31
who
operates
an
all-terrain
vehicle
on
a
highway
is
subject
to
32
the
safety,
education,
and
registration
requirements
of
chapter
33
321I.
34
2.
Except
as
otherwise
provided
in
this
section,
a
person
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307
shall
not
operate
an
all-terrain
vehicle
on
a
highway
unless
1
the
all-terrain
vehicle
is
equipped
as
follows:
2
a.
With
rear
lamps
and
brake
lights
as
described
in
sections
3
321.387
and
321.404.
4
b.
With
two
headlamps
that
comply
with
the
requirements
of
5
this
chapter.
6
c.
With
directional
signal
devices
or
lights
as
described
7
in
section
321.317.
8
d.
With
a
horn
as
described
in
section
321.432.
9
e.
With
a
bicycle
safety
flag.
10
3.
Subsection
2
does
not
apply
to
the
operation
of
an
11
all-terrain
vehicle
if
any
of
the
following
conditions
apply:
12
a.
The
operation
is
between
sunrise
and
sunset
and
is
13
incidental
to
the
vehicle’s
use
for
agricultural
purposes.
For
14
purposes
of
this
paragraph,
“incidental
to
the
vehicle’s
use
15
for
agricultural
purposes”
includes
stopping
in
the
course
of
16
agricultural
use
to
obtain
fuel
for
the
all-terrain
vehicle
or
17
to
obtain
food
or
a
nonalcoholic
beverage
for
the
operator.
18
b.
The
operation
is
incidental
to
the
vehicle’s
use
for
the
19
purpose
of
surveying
by
a
licensed
engineer
or
land
surveyor.
20
c.
The
all-terrain
vehicle
is
operated
by
an
employee
or
21
agent
of
a
political
subdivision
or
public
utility
for
the
22
purpose
of
construction
or
maintenance
on
or
adjacent
to
the
23
highway.
24
d.
The
all-terrain
vehicle
is
operated
by
an
employee
or
25
agent
of
a
public
agency
as
defined
in
section
34.1
for
the
26
purpose
of
providing
emergency
services
or
rescue.
27
e.
The
all-terrain
vehicle
is
operated
for
the
purpose
28
of
mowing,
installing
approved
trail
signs,
or
providing
29
maintenance
on
a
snowmobile
or
all-terrain
vehicle
trail
30
designated
by
the
department
of
natural
resources.
31
f.
The
all-terrain
vehicle
is
operated
on
a
county
roadway
32
in
accordance
with
section
321I.10,
subsection
2
,
or
a
city
33
street
in
accordance
with
section
321I.10,
subsection
3
.
34
2.
4.
A
person
operating
an
all-terrain
vehicle
on
a
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307
highway
shall
have
a
valid
driver’s
license
and
the
vehicle
1
shall
be
operated
at
speeds
of
thirty-five
miles
per
hour
or
2
less.
3
3.
5.
An
all-terrain
vehicle
that
is
owned
by
the
owner
4
of
land
adjacent
to
a
highway,
other
than
an
interstate
road,
5
may
be
operated
by
the
owner
of
the
all-terrain
vehicle,
or
by
6
a
member
of
the
owner’s
family,
on
the
portion
of
the
highway
7
right-of-way
that
is
between
the
shoulder
of
the
roadway,
or
at
8
least
five
feet
from
the
edge
of
the
roadway,
and
the
owner’s
9
property
line.
A
person
operating
an
all-terrain
vehicle
10
within
the
highway
right-of-way
under
this
subsection
shall
11
comply
with
the
registration,
safety,
and
age
requirements
12
under
chapter
321I
,
but
is
not
subject
to
the
equipment
13
requirements
of
subsection
2
or
the
licensing
requirements
of
14
subsection
4
.
15
6.
A
person
shall
not
operate
an
all-terrain
vehicle
on
an
16
interstate
highway.
17
7.
This
section
does
not
apply
to
the
lawful
operation
of
18
an
all-terrain
vehicle
on
a
trail
crossing
as
provided
under
19
section
321I.10.
20
4.
8.
A
person
convicted
of
a
violation
of
this
section
21
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
22
violation
under
section
805.8A,
subsection
3
.
23
Sec.
3.
Section
321.423,
subsection
2,
paragraph
i,
Code
24
2011,
is
amended
to
read
as
follows:
25
i.
Modulating
headlamps
in
conformance
with
49
C.F.R.
26
§
571.108
S7.9.4.
are
permitted
on
a
motorcycle
or
on
an
27
all-terrain
vehicle
operated
pursuant
to
section
321.234A
.
28
Sec.
4.
Section
321I.9,
subsection
2,
Code
2011,
is
amended
29
to
read
as
follows:
30
2.
All-terrain
vehicles
used
in
accordance
with
section
31
321.234A,
subsection
1
3
,
paragraph
“a”
.
32
Sec.
5.
Section
321I.10,
subsection
2,
Code
2011,
is
amended
33
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
34
following:
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2.
A
person
may
operate
an
all-terrain
vehicle
on
a
highway
1
for
the
purpose
of
crossing
the
highway
if
the
operation
is
2
within
a
trail
crossing
which
is
part
of
an
all-terrain
vehicle
3
trail
designated
by
the
department,
a
county,
or
a
city.
4
Sec.
6.
Section
321I.10,
subsection
3,
Code
2011,
is
amended
5
by
striking
the
subsection.
6
EXPLANATION
7
This
bill
allows
the
operation
of
all-terrain
vehicles
on
8
noninterstate
highways
provided
certain
requirements
are
met.
9
The
bill
provides
that
a
person
who
operates
an
all-terrain
10
vehicle
on
a
highway
is
subject
to
the
safety,
education,
and
11
registration
requirements
of
Code
chapter
321I,
which
provides
12
for
the
regulation
of
all-terrain
vehicles
by
the
department
of
13
natural
resources.
However,
certain
all-terrain
vehicles
are
14
exempt
from
the
registration
requirements,
including
vehicles
15
used
as
farm
implements
and
vehicles
operated
between
sunrise
16
and
sunset
for
agricultural
purposes.
17
The
bill
requires
that
an
all-terrain
vehicle
operated
18
on
a
highway
must
be
equipped
with
headlamps
which
may
be
19
modulating
headlamps
similar
to
motorcycle
headlamps,
rear
20
lamps,
brake
lights,
turn
signals,
a
horn,
and
a
bicycle
safety
21
flag.
However,
the
equipment
requirements
for
operation
on
22
a
highway
do
not
apply
for
all-terrain
vehicle
operation
23
on
a
highway
as
permitted
under
current
law,
which
are
the
24
following:
operation
of
an
all-terrain
vehicle
between
the
25
hours
of
sunrise
and
sunset
if
the
operation
is
incidental
26
to
the
vehicle’s
use
for
agricultural
purposes;
operation
by
27
a
licensed
engineer
or
land
surveyor
for
purposes
of
land
28
surveying;
operation
by
an
employee
or
agent
of
a
political
29
subdivision
or
public
utility
for
the
purpose
of
construction
30
or
maintenance
on
or
adjacent
to
the
highway;
operation
by
an
31
employee
or
agent
of
a
public
agency
for
purposes
of
providing
32
emergency
services
or
rescue;
and
operation
for
the
purpose
of
33
mowing,
installing
trail
signs,
or
providing
maintenance
on
34
a
snowmobile
or
all-terrain
vehicle
trail
designated
by
the
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department
of
natural
resources.
1
The
bill
requires
a
person
operating
an
all-terrain
vehicle
2
on
a
highway
to
have
a
valid
driver’s
license
and
to
operate
at
3
speeds
of
35
miles
per
hour
or
less.
4
The
bill
does
not
affect
current
provisions
relating
to
5
the
operation
of
a
landowner’s
all-terrain
vehicle
within
the
6
highway
right-of-way
between
the
shoulder
of
the
roadway
and
7
the
landowner’s
property
line.
8
The
bill
contains
provisions
to
allow
a
person
on
an
9
all-terrain
vehicle
to
cross
a
highway
if
the
crossing
is
made
10
within
a
trail
crossing
that
is
part
of
an
all-terrain
vehicle
11
trail
designated
by
the
department
of
natural
resources,
a
12
county,
or
a
city.
The
equipment
and
licensing
requirements
of
13
the
bill
do
not
apply
for
an
all-terrain
vehicle
used
within
14
a
trail
crossing.
15
The
bill
strikes
current
provisions
in
Code
section
321I.10
16
which
provide
for
limited
use
of
certain
streets
or
highways
17
by
all-terrain
vehicle
operators
as
authorized
by
a
city
or
18
county.
19
Pursuant
to
current
law,
a
violation
of
provisions
relating
20
to
operation
of
an
all-terrain
vehicle
on
a
highway
is
a
simple
21
misdemeanor,
punishable
by
a
scheduled
fine
of
$50.
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