Bill Text: IA SF2090 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act exempting persons operating certain combinations of vehicles from commercial driver's license requirements and hazardous materials transportation regulations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-06 - Subcommittee recommends amendment and passage. []. [SF2090 Detail]
Download: Iowa-2023-SF2090-Introduced.html
Senate
File
2090
-
Introduced
SENATE
FILE
2090
BY
ZUMBACH
A
BILL
FOR
An
Act
exempting
persons
operating
certain
combinations
of
1
vehicles
from
commercial
driver’s
license
requirements
and
2
hazardous
materials
transportation
regulations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5291XS
(4)
90
th/ns
S.F.
2090
Section
1.
Section
321.176A,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
A
person
operating
a
motor
vehicle
with
3
a
gross
vehicle
weight
rating
of
less
than
twenty-six
thousand
4
one
pounds
while
towing
nonhazardous
material
or
agricultural
5
hazardous
material,
regardless
of
the
combined
gross
weight,
6
if
the
operation
is
solely
for
commercial
use
in
accordance
7
with
the
person’s
employment
and
if
the
person
is
employed
by
a
8
person
with
a
place
of
business
in
this
state.
9
Sec.
2.
Section
321.450,
subsection
4,
Code
2024,
is
amended
10
to
read
as
follows:
11
4.
Notwithstanding
other
provisions
of
this
section
,
rules
12
adopted
under
this
section
shall
not
apply
to
a
person
exempt
13
from
commercial
driver’s
license
requirements
under
section
14
321.176A,
subsection
7,
transporting
agricultural
hazardous
15
material,
except
class
2
material,
or
a
farmer
or
employees
16
of
a
farmer
when
transporting
an
agricultural
hazardous
17
material,
except
class
2
material,
between
the
sites
in
the
18
farmer’s
agricultural
operations
,
unless
the
material
is
being
19
transported
on
the
interstate
highway
road
system.
As
used
20
in
this
subsection
,
“farmer”
means
a
person
engaged
in
the
21
production
or
raising
of
crops,
poultry,
or
livestock;
“farmer”
22
does
not
include
a
person
who
is
a
commercial
applicator
of
23
agricultural
chemicals
or
fertilizers.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Under
current
law,
a
person
must
hold
a
commercial
driver’s
28
license
or
commercial
learner’s
permit
(CDL)
to
operate
a
29
commercial
motor
vehicle
(CMV).
There
are
limited
exceptions
30
to
the
CDL
requirement
under
Code
section
321.176A.
A
vehicle
31
is
considered
a
CMV
generally
based
on
the
vehicle’s
weight,
32
design,
and
use.
A
motor
vehicle
or
combination
of
vehicles
33
used
to
transport
passengers
or
property
and
having
a
gross
34
combination
weight
rating
or
combined
gross
weight
of
26,001
35
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3
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2090
or
more
pounds,
including
a
towed
vehicle
or
vehicles
having
1
a
gross
vehicle
weight
rating
or
gross
weight,
whichever
is
2
greater,
of
10,001
or
more
pounds;
a
motor
vehicle
designed
3
to
transport
16
or
more
persons,
including
the
operator;
a
4
motor
vehicle
of
a
size
and
design
to
transport
16
or
more
5
persons,
including
the
operator,
but
is
redesigned
or
modified
6
to
transport
fewer
than
16
persons
with
disabilities;
and
a
7
motor
vehicle
used
in
the
transportation
of
hazardous
material
8
of
a
type
or
quantity
requiring
vehicle
placarding
are
all
9
considered
a
CMV.
10
This
bill
exempts
a
person
from
the
CDL
requirement
if
the
11
person
is
operating
a
motor
vehicle
with
a
gross
vehicle
weight
12
rating
of
less
than
26,001
pounds
while
towing
nonhazardous
13
material
or
agricultural
hazardous
material,
regardless
of
14
the
combined
gross
weight,
if
the
operation
is
solely
for
15
commercial
use
in
accordance
with
the
person’s
employment
and
16
if
the
person
is
employed
by
a
person
with
a
place
of
business
17
in
Iowa.
18
As
the
term
is
used
in
Code
chapter
321,
“agricultural
19
hazardous
material”
is
a
hazardous
material,
other
than
20
hazardous
waste,
whose
end
use
directly
supports
the
production
21
of
an
agricultural
commodity,
including
but
not
limited
22
to
a
fertilizer,
pesticide,
soil
conditioner,
or
fuel.
23
“Agricultural
hazardous
material”
is
limited
to
material
in
24
class
3,
8,
or
9,
division
2.1,
2.2,
5.1,
or
6.1,
or
an
ORM-D
25
material
as
defined
in
49
C.F.R.
§171.8.
26
Under
current
law,
a
person
must
hold
a
CDL
with
an
27
endorsement
to
transport
hazardous
material.
A
person
must
28
pass
additional
testing
to
be
issued
a
hazardous
material
29
endorsement.
The
department
of
public
safety
(DPS)
is
required
30
to
adopt
rules
regulating
the
transportation
or
shipment
of
31
hazardous
material,
and
the
rules
must
be
in
compliance
with
32
federal
law.
However,
under
Code
section
321.450,
the
DPS
33
rules
do
not
apply
to
farmers
or
employees
of
a
farmer
when
34
transporting
an
agricultural
hazardous
material,
except
class
35
-2-
LSB
5291XS
(4)
90
th/ns
2/
3
S.F.
2090
2
material,
between
the
sites
in
the
farmer’s
agricultural
1
operations
unless
the
material
is
being
transported
on
the
2
interstate
road
system.
The
bill
provides
an
exception
to
DPS
3
rules
for
persons
operating
a
vehicle
transporting
agricultural
4
hazardous
material,
except
class
2
material,
that
is
exempt
5
from
CDL
requirements
under
the
bill
unless
the
material
is
6
being
transported
on
the
interstate
road
system.
“Class
7
2”
material
includes
flammable
gas,
nonflammable
gas,
and
8
poisonous
gas.
9
-3-
LSB
5291XS
(4)
90
th/ns
3/
3
