Iowa-2015-HF2437-Introduced
House File 2437 - Introduced
HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO HF 2383)
(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:
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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 than a an 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 for a an 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, except unless 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 of thirty fifty dollars upon completion of at the
5 11 time the examination is scheduled. The agency performing the
5 12 examinations shall retain twenty forty 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 the student's licensee'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 13 nonresident aircraft 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.
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