[§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. [L 2014, c 71, §1]
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