Bill Text: IA HF2437 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to matters under the purview of the department of transportation, providing fees, and making penalties applicable. Effective 7-1-16.
Spectrum: Committee Bill
Status: (Passed) 2016-04-21 - Signed by Governor. H.J. 722. [HF2437 Detail]
Download: Iowa-2015-HF2437-Enrolled.html
House File 2437 - Enrolled
HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO HF 2383)
(SUCCESSOR TO HSB 615)
\5
A BILL FOR
\1
House File 2437
AN ACT
RELATING TO MATTERS UNDER THE PURVIEW OF THE DEPARTMENT OF
TRANSPORTATION, PROVIDING FEES, AND MAKING PENALTIES
APPLICABLE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
AUTOCYCLES
Section 1. Section 321.1, Code 2016, is amended by adding
the following new subsection:
NEW SUBSECTION. 06A. "Autocycle" means a three=wheeled
motor vehicle originally designed with two front wheels and
one rear wheel, a steering wheel rather than handlebars, no
more than two permanent seats that do not require the operator
or a passenger to straddle or sit astride the vehicle, and
foot pedals that control the brakes, acceleration, and clutch,
where applicable. A motor vehicle meeting the definition of
"autocycle" is an autocycle even if the vehicle bears a vehicle
identification number, or is accompanied by a manufacturer's
certificate of origin, that identifies the vehicle as a
motorcycle.
Sec. 2. Section 321.1, subsection 40, paragraph a, Code
2016, is amended to read as follows:
a. "Motorcycle" means every motor vehicle having a saddle or
seat for the use of the rider and designed to travel on not more
than three wheels in contact with the ground including a motor
scooter but excluding a tractor, an autocycle, and a motorized
bicycle.
Sec. 3. Section 321.34, subsection 1, Code 2016, is amended
to read as follows:
1. Plates issued. The county treasurer upon receiving
application, accompanied by proper fee, for registration of a
vehicle shall issue to the owner one registration plate for
a motorcycle, motorized bicycle, autocycle, truck tractor,
trailer, or semitrailer and two registration plates for every
other motor vehicle. The registration plates, including
special registration plates, shall be assigned to the owner of
a vehicle. When the owner of a registered vehicle transfers or
assigns ownership of the vehicle to another person, the owner
shall remove the registration plates from the vehicle. The
owner shall forward the plates to the county treasurer where
the vehicle is registered or the owner may have the plates
assigned to another vehicle within thirty days after transfer,
upon payment of the fees required by law. The owner shall
immediately affix registration plates retained by the owner to
another vehicle owned or acquired by the owner, providing the
owner complies with section 321.46. The department shall adopt
rules providing for the assignment of registration plates to
the transferee of a vehicle for which a credit is allowed under
section 321.46, subsection 6.
Sec. 4. Section 321.34, subsection 5, paragraph a, Code
2016, is amended to read as follows:
a. Upon application and the payment of a fee of twenty=five
dollars, the director may issue to the owner of a motor
vehicle registered in this state or a trailer or travel trailer
registered in this state, personalized registration plates
marked with up to seven initials, letters, or combination
of numerals and letters requested by the owner. However,
personalized registration plates for autocycles, motorcycles,
and motorized bicycles shall be marked with no more than six
initials, letters, or combinations of numerals and letters.
Upon receipt of the personalized registration plates, the
applicant shall surrender the regular registration plates to
the county treasurer. The fee for issuance of the personalized
registration plates shall be in addition to the regular annual
registration fee.
Sec. 5. Section 321.34, subsection 8, paragraph a, Code
2016, is amended to read as follows:
a. The owner of a motor vehicle subject to registration
under section 321.109, subsection 1, autocycle, motorcycle,
trailer, or motor truck who has been awarded the medal of
honor may, upon written application to the department, order
special registration plates which shall be red, white, and blue
in color and shall bear an emblem of the medal of honor and
an identifying number. Each applicant applying for special
registration plates under this subsection may order only
one set of registration plates under this subsection. The
application is subject to approval by the department and the
special registration plates shall be issued at no charge to the
applicant in exchange for the registration plates previously
issued to the person. A person who is issued special plates
under this subsection is exempt from payment of any annual
registration fee for the motor vehicle bearing the special
plates. The department shall validate the special plates in
the same manner as regular registration plates are validated
under this section. The department shall not issue special
registration plates until service organizations in the state
have furnished the department either the special dies or the
cost of the special dies necessary for the manufacture of the
special registration plate.
Sec. 6. Section 321.34, subsection 8A, paragraph a, Code
2016, is amended to read as follows:
a. The owner of a motor vehicle subject to registration
under section 321.109, subsection 1, autocycle, motorcycle,
trailer, or motor truck who was a prisoner of war during a
time of military conflict may, upon written application to the
department, order only one set of special registration plates
with an ex=prisoner of war processed emblem. The emblem shall
be designed by the department in cooperation with the adjutant
general and shall signify that the owner was a prisoner of war
as described in this subsection. The application is subject to
approval by the department, in consultation with the adjutant
general. The special plates shall be issued at no charge and
are subject to an annual registration fee of fifteen dollars.
The county treasurer shall validate the special plates in the
same manner as regular registration plates are validated under
this section.
Sec. 7. Section 321.34, subsection 11, paragraph a, Code
2016, is amended to read as follows:
a. Upon application and payment of the proper fees, the
director may issue natural resources plates to the owner of a
motor vehicle subject to registration under section 321.109,
subsection 1, autocycle, motor truck, motor home, multipurpose
vehicle, motorcycle, trailer, or travel trailer.
Sec. 8. Section 321.34, subsection 11A, paragraph a, Code
2016, is amended to read as follows:
a. Upon application and payment of the proper fees, the
director may issue "love our kids" plates to the owner of a
motor vehicle subject to registration under section 321.109,
subsection 1, autocycle, motor truck, motor home, multipurpose
vehicle, motorcycle, trailer, or travel trailer.
Sec. 9. Section 321.34, subsection 11B, paragraph a, Code
2016, is amended to read as follows:
a. Upon application and payment of the proper fees, the
director may issue "motorcycle rider education" plates to the
owner of a motor vehicle subject to registration under section
321.109, subsection 1, autocycle, motor truck, motor home,
multipurpose vehicle, motorcycle, trailer, or travel trailer.
Sec. 10. Section 321.34, subsection 12, paragraphs a and d,
Code 2016, are amended to read as follows:
a. The owner of a motor vehicle subject to registration
pursuant to section 321.109, subsection 1, autocycle,
motor truck, motor home, multipurpose vehicle, motorcycle,
trailer, or travel trailer may, upon written application to
the department, order special registration plates with a
distinguishing processed emblem as authorized by this section
or as approved by the department. The fee for the issuance of
special registration plates is twenty=five dollars for each
vehicle, unless otherwise provided by this section, which fee
is in addition to the regular annual registration fee. The
county treasurer shall validate special registration plates
with a distinguishing processed emblem in the same manner as
regular registration plates, upon payment of five dollars in
addition to the regular annual registration fee.
d. A special registration plate issued for a motorcycle,
autocycle, or motorized bicycle under this section shall be
designated in the manner provided for personalized registration
plates under subsection 5, paragraph "a".
Sec. 11. Section 321.34, subsection 15, paragraph a, Code
2016, is amended to read as follows:
a. The owner of a motor vehicle subject to registration
under section 321.109, subsection 1, autocycle, motorcycle,
trailer, or motor truck who has been awarded the legion
of merit shall be issued one set of special registration
plates with a legion of merit processed emblem, upon written
application to the department and presentation of satisfactory
proof of the award of the legion of merit as established by the
Congress of the United States. The emblem shall be designed
by the department in cooperation with the adjutant general and
shall signify that the owner was awarded the legion of merit.
The application is subject to approval by the department, in
consultation with the adjutant general. The special plates
shall be issued at no charge and are subject to an annual
registration fee of fifteen dollars. The county treasurer
shall validate the special plates in the same manner as regular
registration plates are validated under this section.
Sec. 12. Section 321.37, subsections 1 and 2, Code 2016, are
amended to read as follows:
1. Registration plates issued for a motor vehicle other
than a an autocycle, motorcycle, motorized bicycle, or a truck
tractor shall be attached to the motor vehicle, one in the
front and the other in the rear. The registration plate issued
for a an autocycle, motorcycle, or other vehicle required to
be registered hereunder shall be attached to the rear of the
vehicle. The registration plate issued for a truck tractor
shall be attached to the front of the truck tractor. The
special plate issued to a dealer shall be attached on the rear
of the vehicle when operated on the highways of this state.
2. Registration plates issued for a motor vehicle which
is model year 1948 or older, and reconstructed or specially
constructed vehicles built to resemble a model year 1948
vehicle or older, other than a truck registered for more than
five tons, autocycle, motorcycle, or truck tractor, may display
one registration plate on the rear of the vehicle if the other
registration plate issued to the vehicle is carried in the
vehicle at all times when the vehicle is operated on a public
highway.
Sec. 13. Section 321.69, subsection 9, Code 2016, is amended
to read as follows:
9. Except for subsections 10 and 11, this section does not
apply to motor trucks and truck tractors with a gross vehicle
weight rating of sixteen thousand pounds or more, vehicles more
than seven model years old, autocycles, motorcycles, motorized
bicycles, and special mobile equipment. This section does
apply to motor homes. The requirement in subsection 1 that
the new certificate of title and registration receipt shall
state on the face whether a prior owner had disclosed that the
vehicle was damaged to the extent that it was a wrecked or
salvage vehicle as defined in section 321.52, subsection 4,
paragraph "d", does not apply to a vehicle with a certificate
of title bearing a designation that the vehicle was previously
titled on a salvage certificate of title pursuant to section
321.52, subsection 4, paragraph "b", or to a vehicle with
a certificate of title bearing a "REBUILT" or "SALVAGE"
designation pursuant to section 321.24, subsection 4 or 5.
Except for subsections 10 and 11, this section does not apply
to new motor vehicles with a true mileage, as defined in
section 321.71, of one thousand miles or less, unless such
vehicle has incurred damage as described in subsection 2.
Sec. 14. Section 321.105A, subsection 2, paragraph c,
subparagraph (6), Code 2016, is amended to read as follows:
(6) Vehicles, excluding autocycles, motorcycles, and
motorized bicycles, subject to registration in any state when
purchased for rental or registered and titled by a motor
vehicle dealer licensed pursuant to chapter 322 for rental use,
and held for rental for a period of one hundred twenty days or
more and actually rented for periods of sixty days or less by a
person regularly engaged in the business of renting vehicles,
including but not limited to motor vehicle dealers licensed
pursuant to chapter 322 who rent automobiles to users, if the
rental of the vehicles is subject to taxation under section
423.2 or chapter 423C.
Sec. 15. Section 321.109, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. The annual fee for all motor vehicles including vehicles
designated by manufacturers as station wagons, 1993 and
subsequent model year multipurpose vehicles, and 2010 and
subsequent model year motor trucks with an unladen weight of
ten thousand pounds or less, except motor trucks registered
under section 321.122, business=trade trucks, special trucks,
motor homes, motorsports recreational vehicles, ambulances,
hearses, autocycles, motorcycles, motorized bicycles, and 1992
and older model year multipurpose vehicles, shall be equal
to one percent of the value as fixed by the department plus
forty cents for each one hundred pounds or fraction thereof
of weight of vehicle, as fixed by the department. The weight
of a motor vehicle, fixed by the department for registration
purposes, shall include the weight of a battery, heater,
bumpers, spare tire, and wheel. Provided, however, that for
any new vehicle purchased in this state by a nonresident
for removal to the nonresident's state of residence the
purchaser may make application to the county treasurer in
the county of purchase for a transit plate for which a fee
of ten dollars shall be paid. And provided, however, that
for any used vehicle held by a registered dealer and not
currently registered in this state, or for any vehicle held
by an individual and currently registered in this state,
when purchased in this state by a nonresident for removal to
the nonresident's state of residence, the purchaser may make
application to the county treasurer in the county of purchase
for a transit plate for which a fee of three dollars shall
be paid. The county treasurer shall issue a nontransferable
certificate of registration for which no refund shall be
allowed; and the transit plates shall be void thirty days
after issuance. Such purchaser may apply for a certificate
of title by surrendering the manufacturer's or importer's
certificate or certificate of title, duly assigned as provided
in this chapter. In this event, the treasurer in the county
of purchase shall, when satisfied with the genuineness and
regularity of the application, and upon payment of a fee of
twenty dollars, issue a certificate of title in the name and
address of the nonresident purchaser delivering the title
to the owner. If there is a security interest noted on the
title, the county treasurer shall mail to the secured party an
acknowledgment of the notation of the security interest. The
county treasurer shall not release a security interest that
has been noted on a title issued to a nonresident purchaser
as provided in this paragraph. The application requirements
of section 321.20 apply to a title issued as provided in this
subsection, except that a natural person who applies for a
certificate of title shall provide either the person's social
security number, passport number, or driver's license number,
whether the license was issued by this state, another state, or
another country. The provisions of this subsection relating to
multipurpose vehicles are effective for all 1993 and subsequent
model years. The annual registration fee for multipurpose
vehicles that are 1992 model years and older shall be in
accordance with section 321.124.
Sec. 16. Section 321.117, Code 2016, is amended to read as
follows:
321.117 Motorcycle, autocycle, ambulance, and hearse fees.
For all motorcycles and autocycles the annual registration
fee shall be twenty dollars. For all motorized bicycles the
annual registration fee shall be seven dollars. When the
motorcycle or autocycle is more than five model years old,
the annual registration fee shall be ten dollars. The annual
registration fee for ambulances and hearses shall be fifty
dollars. Passenger car plates shall be issued for ambulances
and hearses.
Sec. 17. Section 321.166, subsections 1, 3, and 4, Code
2016, are amended to read as follows:
1. a. Registration plates shall be of metal and of a size
not to exceed six inches by twelve inches, except that the size
of plates issued for use on autocycles, motorized bicycles,
motorcycles, motorcycle trailers, and trailers with an empty
weight of two thousand pounds or less shall be established by
the department.
b. Trailers with empty weights of two thousand pounds or
less may, upon request, be licensed with regular=sized license
plates.
3. The registration plate number shall be displayed in
characters which shall not exceed a height of four inches nor a
stroke width exceeding five=eighths of an inch. Special plates
issued to dealers shall display the alphabetical character
"D", which shall be of the same size as the characters in the
registration plate. The registration plate number issued for
autocycles, motorized bicycles, motorcycles, trailers with an
empty weight of two thousand pounds or less, and motorcycle
trailers shall be a size prescribed by the department.
4. The registration plate number, except on autocycles,
motorized bicycles, motorcycles, motorcycle trailers, and
trailers with an empty weight of two thousand pounds or less,
shall be of sufficient size to be readable from a distance of
one hundred feet during daylight.
Sec. 18. Section 322.2, Code 2016, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. "Autocycle" means as defined in section
321.1.
Sec. 19. Section 322.5, subsection 6, paragraph a,
unnumbered paragraph 1, Code 2016, is amended to read as
follows:
Upon application for and receipt of a temporary permit
issued by the department under this subsection, a motor vehicle
dealer authorized to sell used motorcycles or autocycles
may display, offer for sale, and negotiate sales of used
motorcycles or autocycles at a motorcycle rally located in this
state that meets all of the following conditions:
Sec. 20. Section 322.5, subsection 6, paragraph b,
subparagraph (1), Code 2016, is amended to read as follows:
(1) The person presents the department with a current motor
vehicle dealer license valid for the sale of used motorcycles
or autocycles at retail in the person's state of residence.
Sec. 21. Section 322.5, subsection 6, paragraph d, Code
2016, is amended to read as follows:
d. A sale of a motorcycle or autocycle at a motorcycle
rally shall not be completed and an agreement for the sale of
a motorcycle or autocycle shall not be signed at a motorcycle
rally. All such sales shall be consummated at the motor
vehicle dealer's principal place of business.
Sec. 22. Section 322.36, Code 2016, is amended to read as
follows:
322.36 Motorcycle and autocycle dealer business hours.
A person in the business of selling motorcycles or
autocycles under chapter 322D is not required to maintain
regular business hours at the dealer's principal place of
business or other place of business.
Sec. 23. Section 322D.1, subsection 2, Code 2016, is amended
to read as follows:
2. "Attachment" means a machine or part of a machine
designed to be used on and in conjunction with a farm
implement, motorcycle, autocycle, all=terrain vehicle, or
snowmobile.
Sec. 24. Section 322D.1, Code 2016, is amended by adding the
following new subsection:
NEW SUBSECTION. 2A. "Autocycle" means as defined in section
321.1.
Sec. 25. Section 322D.1, subsection 4, paragraphs b and e,
Code 2016, are amended to read as follows:
b. The franchisee is granted the right to offer and sell
farm implements, motorcycles, autocycles, all=terrain vehicles,
snowmobiles, or related parts or attachments manufactured or
distributed by the franchiser.
e. The operation of the franchisee's business is
substantially reliant on the franchiser for the continued
supply of farm implements, motorcycles, autocycles, all=terrain
vehicles, snowmobiles, or related parts or attachments.
Sec. 26. Section 322D.1, subsections 5, 6, and 7, Code 2016,
are amended to read as follows:
5. "Franchisee" means a person who receives farm implements,
motorcycles, autocycles, all=terrain vehicles, snowmobiles,
or related parts or attachments from the franchiser under
a franchise and who offers and sells the farm implements,
motorcycles, autocycles, all=terrain vehicles, snowmobiles, or
related parts or attachments to the general public.
6. "Franchiser" means a person who manufactures, wholesales,
or distributes farm implements, motorcycles, autocycles,
all=terrain vehicles, snowmobiles, or related parts or
attachments, and who enters into a franchise.
7. "Motorcycle" means a motor vehicle as defined in section
321.1 other than an all=terrain vehicle, which has a saddle
or seat for the use of a rider and that is designed to travel
on not more than two wheels in contact with the ground, but
excluding a motorized bicycle or autocycle as defined in
section 321.1.
Sec. 27. Section 322D.2, Code 2016, is amended to read as
follows:
322D.2 Franchisee's rights to payment.
1. A franchisee who enters into a written franchise with a
franchiser to maintain a stock of farm implements, motorcycles,
autocycles, all=terrain vehicles, snowmobiles, or related parts
or attachments has the following rights to payment, at the
option of the franchisee, if the franchise is terminated:
a. One hundred percent of the net cost of new, unused,
complete farm implements, motorcycles, autocycles, all=terrain
vehicles, snowmobiles, or related attachments, which were
purchased from the franchiser. In addition, the franchisee
shall have a right of payment for transportation charges on the
farm implements, motorcycles, autocycles, all=terrain vehicles,
or snowmobiles, which have been paid by the franchisee.
b. Eighty=five percent of the net prices of any repair
parts, including superseded parts, which were purchased from
the franchiser and held by the franchisee on the date that the
franchise terminated.
c. Five percent of the net prices of parts resold under
paragraph "b" for handling, packing, and loading of the parts.
However, this payment shall not be due to the franchisee if
the franchiser elects to perform the handling, packing, and
loading.
2. Upon receipt of the payments due under subsection 1,
the franchiser is entitled to possession of and title to the
farm implements, motorcycles, autocycles, all=terrain vehicles,
snowmobiles, or related parts or attachments.
3. The cost of farm implements, motorcycles, autocycles,
all=terrain vehicles, snowmobiles, or related attachments and
the price of repair parts shall be determined by reference to
the franchiser's price list or catalog in effect at the time
of the franchise termination.
Sec. 28. Section 322D.3, subsections 7 and 9, Code 2016, are
amended to read as follows:
7. A farm implement, motorcycle, autocycle, all=terrain
vehicle, or snowmobile which is not in new, unused, undamaged,
or complete condition.
9. A farm implement, motorcycle, autocycle, all=terrain
vehicle, or snowmobile which was purchased twenty=four months
or more prior to the termination of the franchise.
Sec. 29. Section 322D.8, Code 2016, is amended to read as
follows:
322D.8 Application ==== motorcycle or autocycle franchise
agreements.
The rights under section 322D.2, subsection 1, apply to
motorcycle or autocycle franchise agreements in effect on July
1, 1985, which have no expiration date and are continuing
agreements, and to those entered into or renewed after July 1,
1985, but only to motorcycles, autocycles, and motorcycle or
autocycle attachments and parts purchased after July 1, 1985.
Sec. 30. Section 322G.2, subsection 13, Code 2016, is
amended to read as follows:
13. "Motor vehicle" means a self=propelled vehicle purchased
or leased in this state, except as provided in section 322G.15,
and primarily designed for the transportation of persons or
property over public streets and highways, but does not include
mopeds, motorcycles, autocycles, motor homes, or vehicles over
fifteen thousand pounds gross vehicle weight rating.
DIVISION II
REPAIRED SALVAGE MOTOR VEHICLES
Sec. 31. Section 321.24, subsection 5, Code 2016, is amended
to read as follows:
5. If the prior certificate of title is from another state
and indicates that the vehicle was junked, an Iowa junking
certificate shall be issued according to section 321.52,
subsections 2 and 3. If the prior certificate of title
from another state indicates that the vehicle is salvaged
and not rebuilt or is a salvage certificate of title, an
Iowa salvage certificate of title shall be issued and a
"SALVAGE" designation shall be retained on all subsequent
Iowa certificates of title and registration receipts for
the vehicle, except unless the owner has surrendered the
prior certificate of title and a salvage theft examination
certificate, as provided under section 321.52, subsection 4,
paragraph "b", and the salvage theft examination certificate
was properly executed within thirty days of the date the owner
was assigned the prior certificate of title. The department
may require that subsequent Iowa certificates of title retain
other states' designations which indicate that a vehicle had
incurred prior damage. The department shall determine the
manner in which other states' rebuilt, salvage, or other
designations are to be indicated on Iowa titles.
Sec. 32. Section 321.52, subsection 4, paragraph c, Code
2016, is amended to read as follows:
c. A salvage theft examination shall be made by a peace
officer who has been specially certified and recertified when
required by the Iowa law enforcement academy to do salvage
theft examinations. The Iowa law enforcement academy shall
determine standards for training and certification, conduct
training, and may approve alternative training programs
which satisfy the academy's standards for training and
certification. The owner of the salvage vehicle shall make
the vehicle available for examination at a time and location
designated by the peace officer doing the examination. The
owner may obtain a permit to drive the vehicle to and from the
examination location by submitting a repair affidavit to the
agency performing the examination stating that the vehicle is
reasonably safe for operation and listing the repairs which
have been made to the vehicle. The owner must be present
for the examination and have available for inspection the
salvage title, bills of sale for all essential parts changed,
if applicable, and the repair affidavit. The examination
shall be for the purposes of determining whether the vehicle
or repair components have been stolen. The examination is not
a safety inspection and a signed salvage theft examination
certificate shall not be construed by any court of law to
be a certification that the vehicle is safe to be operated.
There shall be no cause of action against the peace officer
or the agency conducting the examination or the county
treasurer for failure to discover or note safety defects. If
the vehicle passes the theft examination, the peace officer
shall indicate that the vehicle passed examination on the
salvage theft examination certificate. The permit and salvage
theft examination certificate shall be on controlled forms
prescribed and furnished by the department. The owner shall
pay a fee of thirty fifty dollars upon completion of at the
time the examination is scheduled. The agency performing the
examinations shall retain twenty forty dollars of the fee and
shall pay five dollars of the fee to the department and five
dollars of the fee to the treasurer of state for deposit in the
general fund of the state. Moneys deposited to the general
fund under this paragraph are subject to the requirements of
section 8.60 and shall be used by the Iowa law enforcement
academy to provide for the special training, certification, and
recertification of officers as required by this subsection.
DIVISION III
SPECIAL MINOR'S DRIVER'S LICENSES
Sec. 33. Section 321.194, Code 2016, is amended to read as
follows:
321.194 Special minors' licenses.
1. Driver's license issued for travel to and from school
Persons eligible. Upon certification of a special need by the
school board, superintendent of the applicant's school, or
principal, if authorized by the superintendent, the department
may issue a class C or M driver's license to a person between
the ages of fourteen and eighteen years whose if all of the
following apply:
a. The person's driving privileges have not been suspended,
revoked, or barred under this chapter or chapter 321J during,
and who the person has not been convicted of a moving traffic
violation or involved in a motor vehicle accident for, the
six=month period immediately preceding the application for the
special minor's license and who.
b. The person has successfully completed an approved driver
education course. However, the completion of a course is not
required if the applicant demonstrates to the satisfaction
of the department that completion of the course would impose
a hardship upon the applicant. The department shall adopt
rules defining the term "hardship" and establish procedures for
the demonstration and determination of when completion of the
course would impose a hardship upon an applicant.
2. Driving privileges.
a. Permitted operations. The driver's license entitles the
holder, while having the license in immediate possession, to
operate a motor vehicle other than a commercial motor vehicle
or as a chauffeur:
(1) During the hours of 5:00 a.m. to 10:00 p.m. over
the most direct and accessible route between the licensee's
residence and schools of enrollment or the closest school bus
stop or public transportation service, and between schools of
enrollment, for the purpose of attending duly scheduled courses
of instruction and extracurricular activities within the school
district of enrollment.
(2) During the hours of 5:00 a.m. to 10:00 p.m. over
the most direct and accessible route between the licensee's
residence or school of enrollment and a site, facility,
or school that is not the student's licensee's school of
enrollment for the purpose of participating in extracurricular
activities conducted under a sharing agreement with the
student's licensee's school of enrollment or conducted
at a site or facility designated by the licensee's school
district for the accommodation of the school's extracurricular
activities, provided the site, facility, or school is within
the licensee's school district of enrollment or is within a
school district contiguous to the licensee's school district
of enrollment.
(3) To a service station for the purpose of refueling, so
long as the service station is the station closest to the route
the licensee is traveling on under subparagraph (1) or (2).
(4) At any time when the licensee is accompanied in
accordance with section 321.180B, subsection 1.
b. Restrictions.
(1) Passengers. Unless accompanied in accordance with
section 321.180B, subsection 1, a person issued a driver's
license pursuant to this section must limit the number of
unrelated minor passengers in the motor vehicle when the
licensee is operating the motor vehicle to one. For purposes
of this section, "unrelated minor passenger" means a passenger
who is under eighteen years of age and who is not a sibling of
the driver, a stepsibling of the driver, or a child who resides
in the same household as the driver.
(2) Electronic communication devices. A person issued a
driver's license under this section shall not use an electronic
communication device or an electronic entertainment device
while driving a motor vehicle unless the motor vehicle is at a
complete stop off the traveled portion of the roadway. This
subparagraph does not apply to the use of electronic equipment
which is permanently installed in the motor vehicle or to a
portable device which is operated through permanently installed
equipment. The department, in cooperation with the department
of public safety, shall establish educational programs to
foster compliance with the requirements of this subparagraph.
c. 3. Certification of need and issuance of license. Each
application shall be accompanied by a statement from the
school board, superintendent, or principal, if authorized by
the superintendent, of the applicant's school. The statement
shall be upon a form provided by the department. The school
board, superintendent, or principal, if authorized by the
superintendent, shall certify that a need exists for the
license and that the board, superintendent, or principal
authorized by the superintendent is not responsible for
actions of the applicant which pertain to the use of the
driver's license. Upon receipt of a statement of necessity,
the department shall issue the driver's license provided the
applicant is otherwise eligible for issuance of the license.
The fact that the applicant resides at a distance less than one
mile from the applicant's school of enrollment is prima facie
evidence of the nonexistence of necessity for the issuance
of a license. The school board shall develop and adopt a
policy establishing the criteria that shall be used by a school
district administrator to approve or deny certification that
a need exists for a license. The student may appeal to the
school board the decision of a school district administrator
to deny certification. The decision of the school board is
final. The driver's license shall not be issued for purposes
of attending a public school in a school district other than
either of the following:
(1) a. The district of residence of the parent or guardian
of the student.
(2) b. A district which is contiguous to the district of
residence of the parent or guardian of the student, if the
student is enrolled in the public school which is not the
school district of residence because of open enrollment under
section 282.18 or as a result of an election by the student's
district of residence to enter into one or more sharing
agreements pursuant to the procedures in chapter 282.
d. (1) A person issued a driver's license under this
section shall not use an electronic communication device or an
electronic entertainment device while driving a motor vehicle
unless the motor vehicle is at a complete stop off the traveled
portion of the roadway. This subparagraph does not apply to
the use of electronic equipment which is permanently installed
in the motor vehicle or to a portable device which is operated
through permanently installed equipment.
(2) The department, in cooperation with the department of
public safety, shall establish educational programs to foster
compliance with the requirements of subparagraph (1).
2. 4. Suspension and revocation. A driver's license issued
under this section is subject to suspension or revocation
for the same reasons and in the same manner as suspension or
revocation of any other driver's license. The department may
also suspend a driver's license issued under this section upon
receiving satisfactory evidence that the licensee has violated
the restrictions of the license or has been involved in one
or more accidents chargeable to the licensee. The department
may suspend a driver's license issued under this section
upon receiving a record of the licensee's conviction for one
violation. The department shall revoke the license upon
receiving a record of conviction for two or more violations
of a law of this state or a city ordinance regulating the
operation of motor vehicles on highways other than parking
violations as defined in section 321.210. After a person
licensed under this section receives two or more convictions
which require revocation of the person's license under this
section, the department shall not grant an application for a
new driver's license until the expiration of thirty days.
3. 5. Citations for violation of restrictions. A person who
violates the restrictions imposed under subsection 1, paragraph
"a" or "d", 2 may be issued a citation under this section
and shall not be issued a citation under section 321.193.
A violation of the restrictions imposed under subsection
1, paragraph "a" or "d", 2 shall not be considered a moving
violation.
Sec. 34. Section 321.482A, unnumbered paragraph 1, Code
2016, is amended to read as follows:
Notwithstanding section 321.482, a person who is convicted
of operating a motor vehicle in violation of section 321.178,
subsection 2, paragraph "a", subparagraph (2), section
321.180B, subsection 6, section 321.194, subsection 1 2,
paragraph "d" "b", subparagraph (2), section 321.256, section
321.257, section 321.275, subsection 4, section 321.276,
321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305,
321.306, 321.307, 321.308, section 321.309, subsection 2, or
section 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
321.324, 321.324A, 321.327, 321.329, 321.333, or 321.372,
subsection 3, causing serious injury to or the death of another
person may be subject to the following penalties in addition
to the penalty provided for a scheduled violation in section
805.8A or any other penalty provided by law:
DIVISION IV
OVERSIZE AND OVERWEIGHT MOTOR VEHICLES
Sec. 35. Section 321E.7, subsection 1, Code 2016, is amended
by adding the following new paragraph:
NEW PARAGRAPH. e. Vehicles operating under a permit issued
pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross
weight not to exceed forty=six thousand pounds on a single
tandem axle of the truck tractor and a gross weight not to
exceed forty=six thousand pounds on a single tandem axle of the
trailer or semitrailer if each axle of each tandem group has at
least four tires.
DIVISION V
AIRCRAFT
Sec. 36. Section 328.24, subsection 1, Code 2016, is amended
to read as follows:
1. If, during the year for which an aircraft, except
nonresident aircraft used for the application of herbicides
and pesticides, was registered and the required fee paid, the
aircraft is destroyed by fire or accident or junked, and its
identity as an aircraft entirely eliminated, or the aircraft
is removed and continuously used beyond the boundaries of the
state, then the owner in whose name it was registered at the
time of destruction, dismantling, or removal from the state
shall return the certificate of registration to the department
within thirty days and make affidavit of the destruction,
dismantling, or removal and make claim for the refund. The
refund shall be paid from the general fund of the state.
LINDA UPMEYER
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2437, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2016
TERRY E. BRANSTAD
Governor
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