ATV and ORV Licensing Upended
First among the changes to state laws allowing Utility vehicles is allowing all-terrain vehicles (ATV) to operate in highways at speeds less than 35 mph by an individual at least 18 years of age and can prove financial liability coverage. The new law also defines an ATV for purposes of the new chapter 321.234A as a motor vehicle and requires proper parts, lamps and other equipment in proper condition and adjustment in accordance with other pertinent Iowa motor vehicle laws. An ATV on a highway must have working lights on at all times.
The adoption of this law, House File 2130, requires collected fees to be remitted to the state treasurer for the establishment of a fund to used to establish, maintain and operate ATV recreational riding areas through a grant program administered by “the department. ATV fees are to remain in the special fund and not revert to the state’s general fund, should any fees not be distributed in grant form.
ATVs cannot operate on any interstate, but are required to move over the most direct and accessible routes between locations. ATVs and ORVs are allowed on the following secondary roads: unpaved secondary road, paved, undivided two-lane secondary road, ATV park or trail, other allowed secondary roads, an operators residence or a paved, undivided secondary road or segment if authorized by the count board of supervisors.
The law requires a board of supervisors to evaluate traffic and designate ATV and ORV roadways. So far, Boards of Supervisors are taking a wait and see approach before making any statements about the new rules. They are also empowered to required ATVs and ARVs to stop at service stations and convenience stores on their route. Supervisors are allowed under this law to prohibit ATVs and ORVs on secondary roads or segments when a road is closed, when the road or segment is a designated detour or by ordinance for a limited period of time from 7 to 30 days.
A city is also allowed to designate streets for ATV and ORV operation. City’s are allowed to authorize such vehicles to stop at service stations and convenience stores. A city may not charge for such vehicles to operate on designated streets. Legal highway crossings have also been defined.
Counties are no longer allowed to charge to license an ATV or ORV. Susan Smith, O’Brien County Recorder estimated the 2021 revenue from licensing of such vehicles at $10,100.
