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New ATV/UTV ordinance takes effect Friday

Phillips

While specific legal questions remain — and plenty of kinks remain to be ironed out — a major overhaul of Iowa law with regard to all-terrain vehicles and utility task vehicles (ATVs and UTVs) is set to take effect on Friday after Gov. Kim Reynolds signed the bill on June 13.

The most noticeable immediate change is that ATVs and UTVs will be allowed on all county highways in Iowa with a speed limit of 35 miles per hour for both recreational and agricultural purposes. At a recent board of supervisors meeting, Marshall County Sheriff Joel Phillips said there were still some aspects of the bill subject to differing interpretations from county attorneys across the state, and Marshall County Attorney Jordan Gaffney has been studying the language himself to gain a clearer view.

Gaffney

“I think some of the big questions will be ‘Where can I operate my ATV or UTV,’ ‘Where am I not allowed to operate my ATV/UTV,’ and ‘What kind of requirements do I have if I want to be able to use it on a secondary road,'” Gaffney said.

Individual cities are still allowed to make their own decisions on whether or not to allow the use of said vehicles within city limits, but they are no longer allowed to impose usage fees. According to Gaffney, the vehicles must be registered and insured, and the operator must be at least 18 years old and possess a valid driver’s license. Headlights must be utilized between sunset and sunrise, and ATVs and UTVs are allowed to cross over state highways but not interstates. On a state two-lane highway, the vehicles may be operated “over the most direct and accessible route to and from an all-terrain vehicle park or trail, to the nearest county secondary road, or authorized city street or your residence.”

Above all else, Gaffney urged drivers of traditional vehicles to keep an eye out for ATV/UTV operators and exercise caution as the new law takes effect.

“Sometimes, when you’re coming over a hill in your car, you might not see them up ahead of you on the road,” he said. “We just want to be safe out there and just make sure drivers are being kind and sharing the road well.”

Tupper

Marshalltown Police Chief Mike Tupper said the city is currently reviewing its ordinance with the city attorney in light of the change, and he expects it to be an item of discussion at the July 11 meeting.

Phillips said he expects some confusion in the coming weeks as most city councils in Marshall County won’t meet until some time after the new rules and regulations have taken effect, and the county provides contract law enforcement services for all of the incorporated communities besides Marshalltown and State Center. Most of the contract cities that currently allow ATVs and UTVs, he added, do not allow them to be driven between sundown and sunrise.

“We’ll have conversations with mayors and see what they would like to do,” Phillips said. “That’s where we’re at, and I wish the legislators had given us a little more time.”

He also worried that the speed limit difference for ATVs and UTVs (35 miles per hour) as compared to other vehicles (55 miles per hour) could create severe crashes.

“We’ll work with our responsible operators to make sure that everybody’s being safe on the roads,” Phillips said.

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Contact Robert Maharry

at 641-753-6611 ext. 255 or

rmaharry@timesrepublican.com.

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