Bill Text: IA HF343 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act allowing certain vans and pickups to be used to transport pupils to activity events or from school to home in emergency situations, and making penalties applicable. (Formerly HSB 39.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-27 - Referred to Transportation. H.J. 1076. [HF343 Detail]
Download: Iowa-2019-HF343-Introduced.html
House
File
343
-
Introduced
HOUSE
FILE
343
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
39)
A
BILL
FOR
An
Act
allowing
certain
vans
and
pickups
to
be
used
to
1
transport
pupils
to
activity
events
or
from
school
to
home
2
in
emergency
situations,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1673HV
(3)
88
ns/rh
H.F.
343
Section
1.
Section
321.1,
subsection
69,
paragraph
d,
Code
1
2019,
is
amended
to
read
as
follows:
2
d.
Designed
New
or
used
motor
vehicles
designed
to
carry
3
not
more
than
nine
persons
as
passengers
,
including
the
driver,
4
or
used
passenger
vans
designed
to
carry
not
more
than
twelve
5
persons
as
passengers,
including
the
driver
,
either
school
6
owned
or
privately
owned,
which
are
used
to
transport
pupils
7
to
activity
events
in
which
the
pupils
are
participants
or
8
used
to
transport
pupils
to
their
homes
in
case
of
illness
or
9
other
emergency
situations.
The
vehicles
operated
under
the
10
provisions
of
this
paragraph
shall
be
operated
by
employees
of
11
the
school
district
who
are
specifically
approved
by
the
local
12
superintendent
of
schools
for
the
assignment.
13
Sec.
2.
Section
321.373,
subsection
3,
Code
2019,
is
amended
14
to
read
as
follows:
15
3.
a.
The
rules
prescribed
for
school
buses
shall
include
16
special
rules
for
passenger
automobiles,
and
other
vehicles
17
designed
to
carry
eight
or
fewer
pupils,
when
used
as
school
18
buses.
19
b.
The
rules
shall
allow
pickups
designed
to
carry
nine
20
passengers
or
less,
including
the
driver,
and
weighing
ten
21
thousand
pounds
or
less,
to
be
used
as
school
buses
if
the
22
pickup
does
not
carry
more
passengers
than
there
are
safety
23
belts
or
safety
harnesses
in
the
pickup
as
installed
by
the
24
manufacturer
and
if
the
pickup
is
not
operated
while
any
25
passenger
is
present
in
the
bed
of
the
pickup.
The
operator
26
of
the
pickup
shall
comply
with
the
qualification,
licensing,
27
and
instruction
requirements
set
forth
in
sections
321.375
and
28
321.376,
other
than
the
requirement
to
obtain
a
commercial
29
driver’s
license.
30
c.
The
rules
shall
allow
used
passenger
vans
designed
to
31
carry
twelve
or
fewer
passengers,
including
the
driver,
and
32
weighing
ten
thousand
pounds
or
less,
to
be
used
as
school
33
buses
if
the
van
does
not
carry
more
passengers
than
there
are
34
safety
belts
or
safety
harnesses
in
the
van
as
installed
by
35
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the
manufacturer.
The
operator
of
the
van
shall
comply
with
1
the
qualification,
licensing,
and
instruction
requirements
set
2
forth
in
sections
321.375
and
321.376.
3
d.
A
pickup
or
passenger
van
operated
pursuant
to
rules
4
described
in
paragraph
“b”
or
“c”
is
subject
to
the
limitations
5
set
forth
in
section
321.1,
subsection
69,
paragraph
“d”
.
The
6
pickup
or
passenger
van
shall
have
a
notice
conspicuously
7
posted
in
the
vehicle
describing
the
requirements
and
8
limitations
applicable
to
the
vehicle
under
this
subsection
and
9
rules
adopted
pursuant
to
this
subsection.
Prior
to
the
use
of
10
such
pickups
or
vans
as
school
buses
by
a
school
district,
the
11
board
of
directors
of
the
school
district
shall
adopt
a
policy
12
authorizing
the
use
of
the
pickups
or
vans,
as
applicable.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
CURRENT
IOWA
LAW.
Under
current
law,
motor
vehicles
17
designed
to
carry
not
more
than
nine
persons
as
passengers,
18
either
school
owned
or
privately
owned,
are
excluded
from
the
19
definition
of
“school
bus”
under
Code
section
321.1,
thereby
20
excluding
such
vehicles
from
the
duties
and
requirements
21
relating
to
school
buses
set
forth
in
Code
chapter
321
22
(motor
vehicles
and
law
of
the
road).
To
qualify
under
the
23
exclusion,
a
vehicle
must
be
used
to
transport
pupils
to
24
activity
events
in
which
the
pupils
are
participants
or
used
25
to
transport
pupils
to
their
homes
in
case
of
illness
or
other
26
emergency
situations,
and
must
be
operated
by
an
employee
of
27
the
school
district
who
is
specifically
approved
by
the
local
28
superintendent
of
schools
for
the
assignment.
29
Administrative
rules
of
the
department
of
education
regulate
30
type
III
vehicles
used
as
school
buses.
Under
281
IAC
44.2(5),
31
type
III
vehicles
are
not
regular
school
buses
but
are
used
32
to
transport
students
in
a
school-related
context
and
may
33
be
marked
as
a
school
bus.
A
type
III
vehicle
is
a
van
or
34
passenger
car,
including
a
minivan,
sport
utility
vehicle,
or
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station
wagon.
The
difference
between
a
family
automobile
and
1
an
equivalent
type
III
vehicle
is
not
the
vehicle
itself,
but
2
rather
its
use,
as
type
III
vehicles
are
used
by
schools
for
3
purposes
of
student
transportation.
To
qualify
as
a
type
III
4
vehicle,
the
vehicle
must
carry
a
maximum
of
nine
or
fewer
5
people,
including
the
driver,
and
weigh
10,000
pounds
or
less.
6
Under
281
IAC
44.5(1),
vehicles
classified
as
pickups
are
not
7
allowed
to
be
used
for
student
transportation.
All
type
III
8
vehicles
are
prohibited
from
carrying
more
passengers
than
9
there
are
seat
belts
as
installed
by
the
manufacturer
(281
10
IAC
44.5(1)(d)).
In
addition,
trailer
hitches
are
allowed
on
11
type
III
vehicles
in
accordance
with
the
manufacturer’s
rated
12
towing
capacity,
but
students
are
not
allowed
to
be
transported
13
in
the
vehicle
when
the
vehicle
is
being
used
to
tow
(281
IAC
14
44.5(2)(j)).
15
Any
person
who
operates
or
allows
the
operation
of
any
16
vehicle
as
a
school
bus
which
does
not
comply
with
the
17
requirements
provided
by
law
or
by
the
rules
and
regulations
of
18
the
department
of
education,
or
for
which
there
is
not
a
valid
19
temporary
certificate
for
operation,
is
guilty
of
a
simple
20
misdemeanor
(Code
section
285.14).
The
department
of
education
21
is
required
to
review
all
transportation
arrangements
when
22
deemed
necessary,
to
disapprove
any
arrangements
that
are
not
23
in
conformity
with
the
law
and
established
standards,
and
to
24
require
the
arrangements
to
be
altered
or
changed
so
that
they
25
do
conform
with
the
law
and
established
standards
(Code
section
26
285.8).
27
CURRENT
FEDERAL
LAW.
49
U.S.C.
§30112(a)(1)
prohibits
the
28
manufacture,
sale,
or
import
of
a
motor
vehicle
that
does
not
29
comply
with
applicable
motor
vehicle
safety
standards
if
the
30
vehicle
was
manufactured
on
or
after
the
date
an
applicable
31
safety
standard
took
effect.
The
provision
does
not
apply
32
after
the
first
purchase
of
the
motor
vehicle
in
good
faith
33
other
than
for
resale.
Therefore,
the
provision
prohibits
the
34
sale
of
a
new
motor
vehicle
for
use
as
a
school
bus
if
the
motor
35
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vehicle
does
not
meet
applicable
federal
safety
standards
for
1
school
buses.
Under
federal
law,
a
school
bus
is
a
passenger
2
motor
vehicle
designed
to
carry
a
driver
and
more
than
10
3
passengers
that
is
used
significantly
to
transport
students
to
4
or
from
school
or
an
event
related
to
school.
5
PICKUPS.
This
bill
requires
the
administrative
rules
to
6
allow
pickups
designed
to
carry
nine
passengers
or
less,
7
including
the
driver,
and
weighing
10,000
pounds
or
less,
to
8
be
used
as
school
buses.
Under
Code
section
321.1,
a
“pickup”
9
is
any
motor
vehicle
designed
to
carry
merchandise
or
freight
10
of
any
kind,
not
to
exceed
2,000
pounds.
The
bill
prohibits
11
the
pickup
from
carrying
more
passengers
than
there
are
safety
12
belts
or
safety
harnesses
in
the
pickup
as
installed
by
the
13
manufacturer,
and
from
operating
while
any
passenger
is
present
14
in
the
bed
of
the
pickup.
The
operator
of
the
pickup
must
15
comply
with
the
qualification,
licensing,
and
instruction
16
requirements
set
forth
in
Code
sections
321.375
(school
bus
17
drivers,
qualifications,
and
grounds
for
suspension)
and
18
321.376
(license,
authorization,
and
instruction
requirement),
19
other
than
the
requirement
to
obtain
a
commercial
driver’s
20
license.
21
PASSENGER
VANS.
The
bill
excludes
from
the
definition
22
of
“school
bus”
under
Code
section
321.1
used
passenger
vans
23
designed
to
carry
not
more
than
12
persons
as
passengers,
24
including
the
driver.
The
bill
requires
the
administrative
25
rules
to
allow
used
passenger
vans
designed
to
carry
12
or
26
fewer
passengers,
including
the
driver,
and
weighing
10,000
27
pounds
or
less,
to
be
used
as
school
buses
if
the
van
does
28
not
carry
more
passengers
than
there
are
safety
belts
or
29
safety
harnesses
in
the
van
as
installed
by
the
manufacturer.
30
The
operator
of
the
van
must
comply
with
the
qualification,
31
licensing,
and
instruction
requirements
set
forth
in
Code
32
sections
321.375
and
321.376.
33
LIMITATIONS
AND
REQUIREMENTS.
The
bill
specifies
that
34
pickups
and
passenger
vans
operated
as
school
buses
under
the
35
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1673HV
(3)
88
ns/rh
4/
5
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343
administrative
rules
described
in
the
bill
are
subject
to
the
1
limitations
set
forth
under
the
provision
of
Code
section
321.1
2
that
excludes
such
vehicles
from
the
definition
of
“school
3
bus”,
namely
that
such
vehicles
must
be
used
to
transport
4
pupils
to
activity
events
in
which
the
pupils
are
participants
5
or
used
to
transport
pupils
to
their
homes
in
case
of
illness
6
or
other
emergency
situations,
and
must
be
operated
by
an
7
employee
of
the
school
district
who
is
specifically
approved
by
8
the
local
superintendent
of
schools
for
the
assignment.
9
The
bill
requires
a
pickup
or
passenger
van
used
as
a
10
school
bus
to
have
a
notice
conspicuously
posted
in
the
11
vehicle
describing
the
requirements
and
limitations
applicable
12
to
the
vehicle
under
the
bill.
Prior
to
the
use
of
such
13
pickups
or
vans
as
school
buses
by
a
school
district,
the
14
board
of
directors
of
the
school
district
must
adopt
a
policy
15
authorizing
the
use
of
the
pickups
or
vans.
16
Under
Code
section
321.482,
it
is
a
simple
misdemeanor
17
for
a
person
to
do
an
act
forbidden
or
to
fail
to
perform
an
18
act
required
by
Code
chapter
321.
A
simple
misdemeanor
is
19
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
of
20
at
least
$65
but
not
more
than
$625
or
by
both.
21
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