Section 286-12 - All-terrain vehicle; utility-terrain vehicle; permitted use(a) All-terrain vehicles and utility-terrain vehicles may be operated on a street, as defined in section 291C-1; provided that the all-terrain vehicle or utility-terrain vehicle is: (1) Used as farm equipment, or used by a city, county, or state worker while acting within the scope of that person's official duties;(2) Operated by a person who holds a current category (3) driver's license under section 286-102 or a commercial driver's license under part XIII;(3) Driven on streets that are no more than two lanes, with posted speed limits of no more than thirty-five miles per hour;(4) Used to travel between properties zoned for agriculture, or used by a city, county, or state worker while acting within the scope of that person's official duties to travel between properties under the jurisdiction of the city, county, or State;(5) Used in counties with populations of less than five hundred thousand residents; and(6) Driven on streets during daylight hours; provided further that while in operation, any operator and passenger of an all-terrain vehicle or utility-terrain vehicle shall wear a safety helmet with a securely fastened chin strap that meets the specifications and requirements established by rules adopted by the director.(b) For purposes of this section: "All-terrain vehicle" means a motor vehicle that:
(1) Is designed for off-highway operation by a single operator carrying no more than one passenger, if so designed as provided in paragraph (5) of this definition;(2) Is fifty inches or less in width;(3) Has an unladen weight of nine hundred pounds or less;(4) Is suspended on three or more tires;(5) Has a single seat designed to be straddled by the operator, or a single seat designed to be straddled by the operator and a seat for not more than one passenger sitting behind the operator; and(6) Has handlebars for steering control. "Farm equipment" refers to any kind of machinery used on a farm to help with farming, including but not limited to a tractor, cultivator, plow, all-terrain vehicle, or utility-terrain vehicle.
"Utility-terrain vehicle" means a motor vehicle that:
(1) Is designed to be operated off highway;(2) Is sixty inches or less in width;(3) Has an unladen weight of one thousand three hundred pounds or less;(4) Is suspended on four to six tires;(5) Has a steering wheel for steering control;(6) Is equipped with roll-over protection;(7) Accommodates one driver and one passenger sitting side-by-side; and(8) Is equipped with seat belts for driver and passenger protection.(c) Any person who violates this section shall be fined $250 for each violation.(d) All-terrain vehicles and utility-terrain vehicles used as farm equipment shall be regulated as farm equipment and not as motor vehicles.(e) All-terrain vehicles and utility-terrain vehicles used by a city, county, or state worker while acting within the scope of that person's official duties shall not be regulated as motor vehicles.Added by L 2014, c 71,§ 1, eff. 4/30/2014.