[§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]