Bicycle. The definition of “bicycle” was amended by House File 2525, passed during the 2006 Session, as follows: “Bicycle means either of the following: (1) A device having two wheels and having at least one saddle or seat for the use of a rider, which is propelled by human power. (2) A device having two or three wheels with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than 20 miles per hour.”
Use of City Streets by ATVs
Q: Under what circumstances may an ATV be operated on city streets or highways within a city?
A: ATVs are not allowed to be operated on state highways except for certain farm or business related uses. State law does provide that cities may designate streets under their jurisdiction and within their corporate limits “which may be used for the sport of driving all-terrain vehicles.” Since state highways within cities are under joint jurisdiction of the city and the state, it is doubtful that a city would have authority to designate the use of a state highway within the city for such use.
Q: Could a city designate all city streets for use by ATV operators, essentially giving ATV operators the same rights to operate on city streets as automobile drivers ?
A: The intent of the statute appears to give cities the authority to allow use of certain designated city streets for the sport of ATV driving, not for general usage of all city streets. However, the application of this provision has not been judicially tested or determined.
Q: How would a city develop an ordinance authorizing the use of city streets, or portions thereof, by ATVs, and to what extent could a city regulate their use?
A: If a city determines that use of city streets or portions thereof by ATVs can safely be accommodated, they can pass an ordinance designating the time, place and manner of that use. The ordinance can also restrict such use to only certain days, dates, months and/or times; it could also restrict such use to only certain sponsored events which it would individually approve in advance. However, such an ordinance would have to be consistent with the provisions of the Code of Iowa, and cities would not have the authority to impose more restrictive requirements for operation of ATVs than are found in the Code of Iowa. A city that desires more restrictive requirements would need to follow a procedure for special rule-making by the Iowa Department of Natural Resources (IDNR) to authorize more restrictive provisions.
Q: Who may operate an ATV on city streets which have been designated for that purpose?
A: Generally, persons who possess a valid Iowa drivers license are authorized to operate ATVs on highways and streets, but there are some additional restrictions in the Code of Iowa. Persons under 18 years of age are restricted to operating ATVs on public lands designated for that purpose and in ATV parks.
Use of City Streets by Snowmobiles
Q: Under what circumstances may a snowmobile be operated on city streets or on highways within a city?
A: Iowa law provides that a registered snowmobile may be operated “upon city streets which have not been plowed during the snow season or on such highways as designated by the governing body of a municipality.” Under this provision, snowmobiles would be allowed to travel on any city street before it had been plowed and the city could also designate certain streets upon which snowmobiles can travel, regardless of if the streets have been plowed. A snowmobile is also permitted to cross a street at a right angle after stopping and yielding to oncoming traffic.
Q: How would a city develop an ordinance authorizing the use of city streets, or portions thereof, by snowmobiles, and to what extent could a city regulate that use?
A: A city could, by ordinance, designate certain streets or portions of streets for use by snowmobiles and could further designate the time, place, and manner of that use. The ordinance could not prohibit the use of city streets by snowmobiles when there is snow on the streets which has not been plowed.
Q: May a person sixteen years of age or less operate a snowmobile?
A: Yes, a person between twelve and sixteen years of age may operate a snowmobile, but must possess a safety certificate. The certification is issued by the Department of Natural Resources upon completion of a course of instruction and passage of a test on snowmobile safety. There are additional requirements including adult supervision for persons twelve to fifteen years of age.
Use of City Streets by Motorized Bicycles and Mopeds
Q: May a motorized bicycle or moped be operated on city streets or highways within a city?
A: Yes. No additional ordinance is needed.
Q: Who may operate a motorized bicycle or moped upon city streets?
A: The holder of any class of driver's license or a person fourteen years of age or older who has passed a vision test and a written examination on the rules of the road may operate a motorized bicycle on city streets and highways.
Use of City Streets by Bicycles
Q: May a bicycle be operated on city streets or on highways within a city?
A: Yes. The Code of Iowa provides that a person riding a bicycle on the highway has all the rights and duties applicable to the driver of a vehicle and is subject to the rules of the road.
Q: May cities regulate bicycles and their operation on city streets?
A: The Code of Iowa provides that cities may regulate the operation of bicycles and require their owner to register and license them or pay a registration fee. However, these regulations can not conflict with the state provisions.
For additional information Iowa Department of Motor Vehicles www.iowa.dmv.org Iowa Department of Natural Resources - Licenses www.iowadnr.com/license/index.html Contact David Downing, ATV and Snowmobile Program Manager for the IDNR Law Enforcement Bureau. Downing has worked with a number of cities in developing such local ordinances and can provide them to interested cities and can be reached at (515) 281-3449.
