Bill Text: IA HF2383 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to matters under the purview of the department of transportation, providing fees, and making penalties applicable. (Formerly HSB 615) (See Cmte. Bill HF 2437)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-03-23 - Withdrawn. H.J. 546. [HF2383 Detail]
Download: Iowa-2015-HF2383-Introduced.html
House File 2383 - Introduced HOUSE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 615) A BILL FOR 1 An Act relating to matters under the purview of the department 2 of transportation, providing fees, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5263HV (2) 86 ns/nh PAG LIN 1 1 DIVISION I 1 2 AUTOCYCLES 1 3 Section 1. Section 321.1, Code 2016, is amended by adding 1 4 the following new subsection: 1 5 NEW SUBSECTION. 06A. "Autocycle" means a motor vehicle 1 6 with two front wheels and one rear wheel, a steering wheel, 1 7 one or more permanent seats that do not require the operator 1 8 or a passenger to straddle or sit astride a seat, and foot 1 9 pedals that control the brakes, acceleration, and clutch, where 1 10 applicable. An autocycle is not a motorcycle or a motorized 1 11 bicycle. 1 12 Sec. 2. Section 321.34, subsection 1, Code 2016, is amended 1 13 to read as follows: 1 14 1. Plates issued. The county treasurer upon receiving 1 15 application, accompanied by proper fee, for registration of a 1 16 vehicle shall issue to the owner one registration plate for 1 17 a motorcycle, motorized bicycle, autocycle, truck tractor, 1 18 trailer, or semitrailer and two registration plates for every 1 19 other motor vehicle. The registration plates, including 1 20 special registration plates, shall be assigned to the owner of 1 21 a vehicle. When the owner of a registered vehicle transfers or 1 22 assigns ownership of the vehicle to another person, the owner 1 23 shall remove the registration plates from the vehicle. The 1 24 owner shall forward the plates to the county treasurer where 1 25 the vehicle is registered or the owner may have the plates 1 26 assigned to another vehicle within thirty days after transfer, 1 27 upon payment of the fees required by law. The owner shall 1 28 immediately affix registration plates retained by the owner to 1 29 another vehicle owned or acquired by the owner, providing the 1 30 owner complies with section 321.46. The department shall adopt 1 31 rules providing for the assignment of registration plates to 1 32 the transferee of a vehicle for which a credit is allowed under 1 33 section 321.46, subsection 6. 1 34 Sec. 3. Section 321.37, subsection 1, Code 2016, is amended 1 35 to read as follows: 2 1 1. Registration plates issued for a motor vehicle other 2 2 thanaan autocycle, motorcycle, motorized bicycle, or a truck 2 3 tractor shall be attached to the motor vehicle, one in the 2 4 front and the other in the rear. The registration plate issued 2 5 foraan autocycle, motorcycle, or other vehicle required to 2 6 be registered hereunder shall be attached to the rear of the 2 7 vehicle. The registration plate issued for a truck tractor 2 8 shall be attached to the front of the truck tractor. The 2 9 special plate issued to a dealer shall be attached on the rear 2 10 of the vehicle when operated on the highways of this state. 2 11 Sec. 4. Section 321.109, subsection 3, Code 2016, is amended 2 12 to read as follows: 2 13 3. The owner of an unregistered motor vehicle or motor 2 14 vehicle for which the registration is delinquent may make 2 15 application to the county treasurer of the county of residence 2 16 or, if the unregistered or delinquent motor vehicle is 2 17 purchased by a nonresident of the state, to the county 2 18 treasurer in the county of purchase, for a temporary thirty=day 2 19 permit for a fee of twenty=five dollars. The permit shall 2 20 authorize the motor vehicle to be driven or towed upon the 2 21 highway, but shall not authorize a motor truck or truck tractor 2 22 to haul or tow a load. The permit fee shall not be considered 2 23 a registration fee or exempt the owner from payment of all 2 24 other fees, registration fees, and penalties due. If the 2 25 annual registration fee for the motor vehicle is delinquent, 2 26 the annual registration fee and penalty shall continue to 2 27 accrue until paid. The permit fee shall not be prorated, 2 28 refunded, or used as credit as provided under section 321.46. 2 29 The permit shall be displayed in the upper left=hand corner of 2 30 the rear window of all motor vehicles, except motorcycles and 2 31 autocycles. Permits issued for a motorcycle or autocycle shall 2 32 be attached to the rear of the motorcycle or autocycle. 2 33 Sec. 5. Section 321.166, subsections 1, 3, and 4, Code 2016, 2 34 are amended to read as follows: 2 35 1. a. Registration plates shall be of metal and of a size 3 1 not to exceed six inches by twelve inches, except that the size 3 2 of plates issued for use on autocycles, motorized bicycles, 3 3 motorcycles, motorcycle trailers, and trailers with an empty 3 4 weight of two thousand pounds or less shall be established by 3 5 the department. 3 6 b. Trailers with empty weights of two thousand pounds or 3 7 less may, upon request, be licensed with regular=sized license 3 8 plates. 3 9 3. The registration plate number shall be displayed in 3 10 characters which shall not exceed a height of four inches nor a 3 11 stroke width exceeding five=eighths of an inch. Special plates 3 12 issued to dealers shall display the alphabetical character 3 13 "D", which shall be of the same size as the characters in the 3 14 registration plate. The registration plate number issued for 3 15 autocycles, motorized bicycles, motorcycles, trailers with an 3 16 empty weight of two thousand pounds or less, and motorcycle 3 17 trailers shall be a size prescribed by the department. 3 18 4. The registration plate number, except on autocycles, 3 19 motorized bicycles, motorcycles, motorcycle trailers, and 3 20 trailers with an empty weight of two thousand pounds or less, 3 21 shall be of sufficient size to be readable from a distance of 3 22 one hundred feet during daylight. 3 23 DIVISION II 3 24 REPAIRED SALVAGE MOTOR VEHICLES 3 25 Sec. 6. Section 321.24, subsection 5, Code 2016, is amended 3 26 to read as follows: 3 27 5. If the prior certificate of title is from another state 3 28 and indicates that the vehicle was junked, an Iowa junking 3 29 certificate shall be issued according to section 321.52, 3 30 subsections 2 and 3. If the prior certificate of title 3 31 from another state indicates that the vehicle is salvaged 3 32 and not rebuilt or is a salvage certificate of title, an 3 33 Iowa salvage certificate of title shall be issued and a 3 34 "SALVAGE" designation shall be retained on all subsequent 3 35 Iowa certificates of title and registration receipts for 4 1 the vehicle,exceptunless the owner has surrendered the 4 2 prior certificate of title and a salvage theft examination 4 3 certificate, as provided under section 321.52, subsection 4, 4 4 paragraph "b", and the salvage theft examination certificate 4 5 was properly executed within thirty days of the date the owner 4 6 was assigned the prior certificate of title. The department 4 7 may require that subsequent Iowa certificates of title retain 4 8 other states' designations which indicate that a vehicle had 4 9 incurred prior damage. The department shall determine the 4 10 manner in which other states' rebuilt, salvage, or other 4 11 designations are to be indicated on Iowa titles. 4 12 Sec. 7. Section 321.52, subsection 4, paragraph c, Code 4 13 2016, is amended to read as follows: 4 14 c. A salvage theft examination shall be made by a peace 4 15 officer who has been specially certified and recertified when 4 16 required by the Iowa law enforcement academy to do salvage 4 17 theft examinations. The Iowa law enforcement academy shall 4 18 determine standards for training and certification, conduct 4 19 training, and may approve alternative training programs 4 20 which satisfy the academy's standards for training and 4 21 certification. The owner of the salvage vehicle shall make 4 22 the vehicle available for examination at a time and location 4 23 designated by the peace officer doing the examination. The 4 24 owner may obtain a permit to drive the vehicle to and from the 4 25 examination location by submitting a repair affidavit to the 4 26 agency performing the examination stating that the vehicle is 4 27 reasonably safe for operation and listing the repairs which 4 28 have been made to the vehicle. The owner must be present 4 29 for the examination and have available for inspection the 4 30 salvage title, bills of sale for all essential parts changed, 4 31 if applicable, and the repair affidavit. The examination 4 32 shall be for the purposes of determining whether the vehicle 4 33 or repair components have been stolen. The examination is not 4 34 a safety inspection and a signed salvage theft examination 4 35 certificate shall not be construed by any court of law to 5 1 be a certification that the vehicle is safe to be operated. 5 2 There shall be no cause of action against the peace officer 5 3 or the agency conducting the examination or the county 5 4 treasurer for failure to discover or note safety defects. If 5 5 the vehicle passes the theft examination, the peace officer 5 6 shall indicate that the vehicle passed examination on the 5 7 salvage theft examination certificate. The permit and salvage 5 8 theft examination certificate shall be on controlled forms 5 9 prescribed and furnished by the department. The owner shall 5 10 pay a fee ofthirtyfifty dollarsupon completion ofat the 5 11 time the examination is scheduled. The agency performing the 5 12 examinations shall retaintwentyforty dollars of the fee and 5 13 shall pay five dollars of the fee to the department and five 5 14 dollars of the fee to the treasurer of state for deposit in the 5 15 general fund of the state. Moneys deposited to the general 5 16 fund under this paragraph are subject to the requirements of 5 17 section 8.60 and shall be used by the Iowa law enforcement 5 18 academy to provide for the special training, certification, and 5 19 recertification of officers as required by this subsection. 5 20 DIVISION III 5 21 SPECIAL MINOR'S DRIVER'S LICENSES 5 22 Sec. 8. Section 321.194, subsection 1, paragraph a, 5 23 subparagraph (2), Code 2016, is amended to read as follows: 5 24 (2) During the hours of 5:00 a.m. to 10:00 p.m. over 5 25 the most direct and accessible route between the licensee's 5 26 residence or school of enrollment and a school that is not 5 27 thestudent'slicensee's school of enrollment, but is within 5 28 or contiguous to the licensee's district of residence, for 5 29 the purpose of participating in extracurricular activities 5 30 conducted under a sharing agreement with the student's school 5 31 of enrollment. 5 32 DIVISION IV 5 33 OVERSIZE AND OVERWEIGHT MOTOR VEHICLES 5 34 Sec. 9. Section 321E.7, subsection 1, Code 2016, is amended 5 35 by adding the following new paragraph: 6 1 NEW PARAGRAPH. e. Vehicles operating under a permit issued 6 2 pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross 6 3 weight not to exceed forty=six thousand pounds on a single 6 4 tandem axle of the truck tractor and a gross weight not to 6 5 exceed forty=six thousand pounds on a single tandem axle of the 6 6 trailer or semitrailer if each axle of each tandem group has at 6 7 least four tires. 6 8 DIVISION V 6 9 AIRCRAFT 6 10 Sec. 10. Section 328.24, subsection 1, Code 2016, is amended 6 11 to read as follows: 6 12 1. If, during the year for which an aircraft, except 6 13nonresidentaircraft used for the application of herbicides 6 14 and pesticides, was registered and the required fee paid, the 6 15 aircraft is destroyed by fire or accident or junked, and its 6 16 identity as an aircraft entirely eliminated, or the aircraft 6 17 is removed and continuously used beyond the boundaries of the 6 18 state, then the owner in whose name it was registered at the 6 19 time of destruction, dismantling, or removal from the state 6 20 shall return the certificate of registration to the department 6 21 within thirty days and make affidavit of the destruction, 6 22 dismantling, or removal and make claim for the refund. The 6 23 refund shall be paid from the general fund of the state. 6 24 EXPLANATION 6 25 The inclusion of this explanation does not constitute agreement with 6 26 the explanation's substance by the members of the general assembly. 6 27 DIVISION I ==== AUTOCYCLES. The bill defines an autocycle 6 28 as a motor vehicle with two front wheels and one rear wheel, 6 29 a steering wheel, one or more permanent seats that do not 6 30 require the operator or a passenger to straddle or sit astride 6 31 a seat, and foot pedals that control the brakes, acceleration, 6 32 and clutch. An autocycle is not a motorcycle or a motorized 6 33 bicycle. Under the bill, autocycles are treated as motor 6 34 vehicles under the Code, except an autocycle is issued and 6 35 required to display one registration plate of a size determined 7 1 by the department of transportation on the rear of the 7 2 autocycle and is required to display a temporary registration 7 3 permit on the rear of the autocycle where applicable. 7 4 DIVISION II ==== REPAIRED SALVAGE MOTOR VEHICLES. Current 7 5 law requires the owner of a repaired vehicle with a salvage 7 6 certificate of title from another state to apply for and be 7 7 issued an Iowa salvage certificate of title before the owner 7 8 may apply for and be issued an Iowa certificate of title 7 9 indicating the repaired vehicle was previously titled as 7 10 salvage. The bill allows the owner of a repaired vehicle to 7 11 obtain an Iowa certificate of title indicating the repaired 7 12 vehicle was previously titled as salvage by surrendering the 7 13 foreign salvage certificate of title and a salvage theft 7 14 examination certificate properly executed within 30 days of the 7 15 date the owner was assigned the foreign certificate of title. 7 16 Under current law, the $30 fee for a salvage theft 7 17 examination is due upon completion of the examination. The 7 18 bill increases the fee to $50 and requires the fee to be paid at 7 19 the time the examination is scheduled. 7 20 DIVISION III ==== SPECIAL MINOR'S DRIVER'S LICENSES. Under 7 21 current law, a special minor's driver's license entitles the 7 22 licensee to travel between the licensee's residence or school 7 23 of enrollment and a school that is not the licensee's school of 7 24 enrollment for the purpose of participating in extracurricular 7 25 activities. The bill requires the school that is not the 7 26 licensee's school of enrollment to be within or contiguous to 7 27 the licensee's district of residence. 7 28 DIVISION IV ==== OVERSIZE AND OVERWEIGHT MOTOR VEHICLES. 7 29 Current law limits the weight of a vehicle operating under a 7 30 permit related to excessive size and weight to 20,000 pounds 7 31 per axle, or 40,000 pounds per tandem axle. The bill allows 7 32 such vehicles to have a weight of 46,000 pounds on a single 7 33 tandem axle of the truck tractor and 46,000 pounds on a single 7 34 tandem axle of the trailer or semitrailer if each axle of each 7 35 tandem group has at least four tires. 8 1 DIVISION V ==== AIRCRAFT. Under current law, the owner of an 8 2 aircraft may receive a registration refund if the aircraft is 8 3 destroyed by fire or accident or junked, and its identity as an 8 4 aircraft entirely eliminated, or the aircraft is removed and 8 5 continuously used beyond the boundaries of the state. However, 8 6 nonresident owners of aircraft used for the application of 8 7 herbicides and pesticides are prohibited from receiving a 8 8 refund. The bill prohibits all owners of aircraft used for 8 9 the application of herbicides and pesticides from receiving a 8 10 refund. LSB 5263HV (2) 86 ns/nh
