Bill Text: IA SF2248 | 2015-2016 | 86th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 SSB 3110.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2016-03-10 - Read first time, referred to Transportation. H.J. 450. [SF2248 Detail]

Download: Iowa-2015-SF2248-Introduced.html

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Senate File 2248 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON
                                     TRANSPORTATION

                                 (SUCCESSOR TO SSB
                                     3110)

                                      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 5999SV (2) 86
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PAG LIN



  1  1                           DIVISION I
  1  2                           AUTOCYCLES
  1  3    Section 1.  Section 321.1, subsection 40, Code 2016, is
  1  4 amended by adding the following new paragraph:
  1  5    NEW PARAGRAPH.  d.  "Autocycle" means a motorcycle with two
  1  6 front wheels and one rear wheel, a steering wheel, one or more
  1  7 permanent seats that do not require the operator or a passenger
  1  8 to straddle or sit astride a seat, and foot pedals that control
  1  9 the brakes, acceleration, and clutch, where applicable.
  1 10    Sec. 2.  Section 321.180, subsection 1, paragraph b,
  1 11 subparagraph (2), Code 2016, is amended to read as follows:
  1 12    (2)  However, if the permittee is operating a motorcycle
  1 13 that is not an autocycle with two or more seats in accordance
  1 14 with this section or section 321.180B, the accompanying person
  1 15 must be within audible and visual communications distance from
  1 16 the permittee and be accompanying the permittee on or in a
  1 17 different motor vehicle. Only one permittee shall be under the
  1 18 immediate supervision of an accompanying qualified person.
  1 19    Sec. 3.  Section 321.180B, subsection 1, paragraph c,
  1 20 subparagraph (2), Code 2016, is amended to read as follows:
  1 21    (2)  If the permittee is operating a motorcycle that is
  1 22 not an autocycle with two or more seats in accordance with
  1 23 this section, the accompanying person must be within audible
  1 24 and visual communications distance from the permittee and be
  1 25 accompanying the permittee on or in a different motor vehicle.
  1 26 Only one permittee shall be under the immediate supervision of
  1 27 an accompanying qualified person.
  1 28    Sec. 4.  Section 321.189, subsection 1, paragraph a,
  1 29 subparagraphs (3) and (5), Code 2016, are amended to read as
  1 30 follows:
  1 31    (3)  Class C ==== Valid for the operation of a vehicle, other
  1 32 than a motorcycle that is not an autocycle, or a combination of
  1 33 vehicles with a gross combination weight rating of twenty=six
  1 34 thousand one or more pounds provided the towing vehicle has a
  1 35 gross vehicle weight rating of less than twenty=six thousand
  2  1 one pounds and each towed vehicle has a gross vehicle weight
  2  2 rating of less than ten thousand one pounds, or a combination
  2  3 of vehicles with a gross vehicle weight rating or gross
  2  4 combination weight rating of less than twenty=six thousand
  2  5 one pounds, and also valid for the operation of any vehicle,
  2  6 other than a motorcycle that is not an autocycle, for which
  2  7 the operator is exempt from commercial driver's license
  2  8 requirements under section 321.176A, and also valid for the
  2  9 operation of an autocycle.
  2 10    (5)  Class M ==== Valid for the operation of a motorcycle that
  2 11 is not an autocycle.
  2 12    Sec. 5.  Section 321.191, subsection 5, Code 2016, is amended
  2 13 to read as follows:
  2 14    5.  Licenses valid for motorcycles.  An additional fee of two
  2 15 dollars per year of license validity is required to issue a
  2 16 license valid to operate a motorcycle that is not an autocycle.
  2 17    Sec. 6.  Section 321.275, subsection 2, paragraph b, Code
  2 18 2016, is amended to read as follows:
  2 19    b.  Motorcycles.  A person shall not operate or ride
  2 20 a motorcycle on the highways with another person on the
  2 21 motorcycle unless the motorcycle is designed to carry more than
  2 22 one person. The If the motorcycle is not an autocycle, the
  2 23  additional passenger may ride upon the motorcycle's permanent
  2 24 and regular seat if the seat is designed for two persons, or
  2 25 upon another seat firmly attached to the motorcycle at the
  2 26 rear of the operator.  If the motorcycle is an autocycle, the
  2 27 passenger may ride in a permanent and regular seat within
  2 28 the autocycle designed for a passenger. The A motorcycle
  2 29 that is not an autocycle shall be equipped with footrests for
  2 30 the passenger unless the passenger is riding in a sidecar or
  2 31 enclosed cab. The motorcycle operator shall not carry any
  2 32 person nor shall any other person ride in a position that will
  2 33 interfere with the operation or control of the motorcycle or
  2 34 the view of the operator.
  2 35    Sec. 7.  Section 321.275, subsections 3, 5, and 6, Code 2016,
  3  1 are amended to read as follows:
  3  2    3.  Sitting position.  A person operating a motorcycle or
  3  3 motorized bicycle shall ride only upon the vehicle's permanent
  3  4 and regular attached seat. Every person riding upon the
  3  5 vehicle a motorcycle that is not an autocycle shall be sitting
  3  6 astride the seat, facing forward with one leg on either side
  3  7 of the vehicle.
  3  8    5.  Headlights on.  A person shall not operate a 1977
  3  9 or later model year motorcycle that is not an autocycle or
  3 10 any model year motorized bicycle upon the highways without
  3 11 displaying at least one lighted headlamp of the type described
  3 12 in section 321.409.  A person shall not operate any model year
  3 13 autocycle upon the highways without displaying at least two
  3 14 lighted headlamps of the type described in section 321.409.
  3 15  However, this subsection is subject to the exceptions with
  3 16 respect to parked vehicles as provided in this chapter.
  3 17    6.  Packages.  The operator of a motorcycle or motorized
  3 18 bicycle or motorcycle that is not an autocycle shall not carry
  3 19 any package, bundle, or other article which prevents the
  3 20 operator from keeping both hands on the handlebars.
  3 21    Sec. 8.  Section 321.385, Code 2016, is amended to read as
  3 22 follows:
  3 23    321.385  Headlamps on motor vehicles.
  3 24    Every motor vehicle other than a motorcycle or motorized
  3 25 bicycle or motorcycle that is not an autocycle shall be
  3 26 equipped with at least two headlamps with at least one on each
  3 27 side of the front of the motor vehicle, which headlamps shall
  3 28 comply with the requirements and limitations set forth in this
  3 29 chapter.
  3 30    Sec. 9.  Section 321.386, Code 2016, is amended to read as
  3 31 follows:
  3 32    321.386  Headlamps on motorcycles and motorized bicycles.
  3 33    Every motorcycle and motorized bicycle and motorcycle
  3 34 that is not an autocycle shall be equipped with at least one
  3 35 and not more than two headlamps which shall comply with the
  4  1 requirements and limitations of this chapter.
  4  2    Sec. 10.  Section 321.409, subsection 1, unnumbered
  4  3 paragraph 1, Code 2016, is amended to read as follows:
  4  4    Except as hereinafter provided, the headlamps or the
  4  5 auxiliary driving lamp or the auxiliary passing lamp or
  4  6 combination thereof on motor vehicles other than motorcycles
  4  7 or motorized bicycles or motorcycles that are not autocycles
  4  8  shall be so arranged that the driver may select at will between
  4  9 distributions of light projected to different elevations and
  4 10 the lamps may, in addition, be so arranged that selection can
  4 11 be made automatically, subject to the following limitations:
  4 12    Sec. 11.  Section 321.409, subsection 2, Code 2016, is
  4 13 amended to read as follows:
  4 14    2.  Every new motor vehicle, other than a motorcycle or
  4 15  motorized bicycle or motorcycle that is not an autocycle, which
  4 16 has multiple=beam road=lighting equipment shall be equipped
  4 17 with a beam indicator, which shall be lighted whenever the
  4 18 uppermost distribution of light from the headlamps is in use,
  4 19 and shall not otherwise be lighted. The indicator shall be
  4 20 so designed and located that when lighted it will be readily
  4 21 visible without glare to the driver of the vehicle.
  4 22    Sec. 12.  Section 321.415, subsection 2, Code 2016, is
  4 23 amended to read as follows:
  4 24    2.  The provisions of subsection 1, paragraphs "a" and
  4 25 "b", do not apply to motorcycles or motorized bicycles or
  4 26 motorcycles that are not autocycles being operated between
  4 27 sunrise and sunset.
  4 28    Sec. 13.  Section 321.430, subsections 1 and 2, Code 2016,
  4 29 are amended to read as follows:
  4 30    1.  Every motor vehicle, other than a motorcycle, or
  4 31  motorized bicycle or motorcycle that is not an autocycle, when
  4 32 operated upon a highway shall be equipped with brakes adequate
  4 33 to control the movement of and to stop and hold such vehicle,
  4 34 including two separate means of applying the brakes, each of
  4 35 which means shall be effective to apply the brakes to at least
  5  1 two wheels. If these two separate means of applying the brakes
  5  2 are connected in any way, they shall be so constructed that
  5  3 failure of any one part of the operating mechanism shall not
  5  4 leave the motor vehicle without brakes on at least two wheels.
  5  5    2.  Every motorcycle and motorized bicycle and motorcycle
  5  6 that is not an autocycle, when operated upon a highway, shall
  5  7 be equipped with at least one brake, which may be operated by
  5  8 hand or foot.
  5  9    Sec. 14.  Section 321.430, subsection 4, paragraph a, Code
  5 10 2016, is amended to read as follows:
  5 11    a.  Any motorcycle or motorized bicycle or motorcycle that is
  5 12 not an autocycle.
  5 13    Sec. 15.  Section 321.445, subsection 1, Code 2016, is
  5 14 amended to read as follows:
  5 15    1.  Except for motorcycles or motorized bicycles or
  5 16 motorcycles that are not autocycles, 1966 model year or
  5 17 newer motor vehicles subject to registration in Iowa shall be
  5 18 equipped with safety belts and safety harnesses which conform
  5 19 with federal motor vehicle safety standard numbers 209 and 210
  5 20 as published in 49 C.F.R. {571.209 = 571.210 and with prior
  5 21 federal motor vehicle safety standards for seat belt assemblies
  5 22 and seat belt assembly anchorages applicable for the motor
  5 23 vehicle's model year.
  5 24    Sec. 16.  Section 321.445, subsection 2, paragraph a, Code
  5 25 2016, is amended to read as follows:
  5 26    a.  The driver and front seat occupants of a type of motor
  5 27 vehicle that is subject to registration in Iowa, except a
  5 28 motorcycle or a motorized bicycle or motorcycle that is not an
  5 29 autocycle, shall each wear a properly adjusted and fastened
  5 30 safety belt or safety harness any time the vehicle is in
  5 31 forward motion on a street or highway in this state except
  5 32 that a child under eighteen years of age shall be secured as
  5 33 required under section 321.446.
  5 34    Sec. 17.  Section 321.446, subsections 1 and 2, Code 2016,
  5 35 are amended to read as follows:
  6  1    1.  a.  A child under one year of age and weighing less
  6  2 than twenty pounds who is being transported in a motor vehicle
  6  3 subject to registration, except a school bus or motorcycle
  6  4 that is not an autocycle, shall be secured during transit in a
  6  5 rear=facing child restraint system that is used in accordance
  6  6 with the manufacturer's instructions.
  6  7    b.  A child under six years of age who does not meet the
  6  8 description in paragraph "a" and who is being transported in a
  6  9 motor vehicle subject to registration, except a school bus or a
  6 10  motorcycle that is not an autocycle, shall be secured during
  6 11 transit by a child restraint system that is used in accordance
  6 12 with the manufacturer's instructions.
  6 13    2.  A child at least six years of age but under eighteen
  6 14 years of age who is being transported in a motor vehicle
  6 15 subject to registration, except a school bus or a motorcycle
  6 16 that is not an autocycle, shall be secured during transit by
  6 17 a child restraint system that is used in accordance with the
  6 18 manufacturer's instructions or by a safety belt or safety
  6 19 harness of a type approved under section 321.445.
  6 20    Sec. 18.  Section 322D.1, subsection 7, Code 2016, is amended
  6 21 by striking the subsection and inserting in lieu thereof the
  6 22 following:
  6 23    7.  "Motorcycle" means a motorcycle, including an autocycle,
  6 24 as those terms are defined in section 321.1. "Motorcycle" does
  6 25 not include an all=terrain vehicle.
  6 26                           DIVISION II
  6 27                 REPAIRED SALVAGE MOTOR VEHICLES
  6 28    Sec. 19.  Section 321.24, subsection 5, Code 2016, is amended
  6 29 to read as follows:
  6 30    5.  If the prior certificate of title is from another state
  6 31 and indicates that the vehicle was junked, an Iowa junking
  6 32 certificate shall be issued according to section 321.52,
  6 33 subsections 2 and 3. If the prior certificate of title
  6 34 from another state indicates that the vehicle is salvaged
  6 35 and not rebuilt or is a salvage certificate of title, an
  7  1 Iowa salvage certificate of title shall be issued and a
  7  2 "SALVAGE" designation shall be retained on all subsequent
  7  3 Iowa certificates of title and registration receipts for
  7  4 the vehicle, except unless the owner has surrendered the
  7  5 prior certificate of title and a salvage theft examination
  7  6 certificate, as provided under section 321.52, subsection 4,
  7  7 paragraph "b", and the salvage theft examination certificate
  7  8 was properly executed within thirty days of the date the owner
  7  9 was assigned the prior certificate of title. The department
  7 10 may require that subsequent Iowa certificates of title retain
  7 11 other states' designations which indicate that a vehicle had
  7 12 incurred prior damage. The department shall determine the
  7 13 manner in which other states' rebuilt, salvage, or other
  7 14 designations are to be indicated on Iowa titles.
  7 15    Sec. 20.  Section 321.52, subsection 4, paragraph c, Code
  7 16 2016, is amended to read as follows:
  7 17    c.  A salvage theft examination shall be made by a peace
  7 18 officer who has been specially certified and recertified when
  7 19 required by the Iowa law enforcement academy to do salvage
  7 20 theft examinations. The Iowa law enforcement academy shall
  7 21 determine standards for training and certification, conduct
  7 22 training, and may approve alternative training programs
  7 23 which satisfy the academy's standards for training and
  7 24 certification. The owner of the salvage vehicle shall make
  7 25 the vehicle available for examination at a time and location
  7 26 designated by the peace officer doing the examination. The
  7 27 owner may obtain a permit to drive the vehicle to and from the
  7 28 examination location by submitting a repair affidavit to the
  7 29 agency performing the examination stating that the vehicle is
  7 30 reasonably safe for operation and listing the repairs which
  7 31 have been made to the vehicle. The owner must be present
  7 32 for the examination and have available for inspection the
  7 33 salvage title, bills of sale for all essential parts changed,
  7 34 if applicable, and the repair affidavit. The examination
  7 35 shall be for the purposes of determining whether the vehicle
  8  1 or repair components have been stolen. The examination is not
  8  2 a safety inspection and a signed salvage theft examination
  8  3 certificate shall not be construed by any court of law to
  8  4 be a certification that the vehicle is safe to be operated.
  8  5 There shall be no cause of action against the peace officer
  8  6 or the agency conducting the examination or the county
  8  7 treasurer for failure to discover or note safety defects. If
  8  8 the vehicle passes the theft examination, the peace officer
  8  9 shall indicate that the vehicle passed examination on the
  8 10 salvage theft examination certificate. The permit and salvage
  8 11 theft examination certificate shall be on controlled forms
  8 12 prescribed and furnished by the department. The owner shall
  8 13 pay a fee of thirty fifty dollars upon completion of at the
  8 14 time the examination is scheduled. The agency performing the
  8 15 examinations shall retain twenty forty dollars of the fee and
  8 16 shall pay five dollars of the fee to the department and five
  8 17 dollars of the fee to the treasurer of state for deposit in the
  8 18 general fund of the state. Moneys deposited to the general
  8 19 fund under this paragraph are subject to the requirements of
  8 20 section 8.60 and shall be used by the Iowa law enforcement
  8 21 academy to provide for the special training, certification, and
  8 22 recertification of officers as required by this subsection.
  8 23                          DIVISION III
  8 24                SPECIAL MINOR'S DRIVER'S LICENSES
  8 25    Sec. 21.  Section 321.194, subsection 1, paragraph a,
  8 26 subparagraph (2), Code 2016, is amended to read as follows:
  8 27    (2)  During the hours of 5:00 a.m. to 10:00 p.m. over
  8 28 the most direct and accessible route between the licensee's
  8 29 residence or school of enrollment and a school that is not
  8 30 the student's licensee's school of enrollment, but is within
  8 31 or contiguous to the licensee's district of residence, for
  8 32 the purpose of participating in extracurricular activities
  8 33 conducted under a sharing agreement with the student's school
  8 34 of enrollment.
  8 35                           DIVISION IV
  9  1             OVERSIZE AND OVERWEIGHT MOTOR VEHICLES
  9  2    Sec. 22.  Section 321E.7, subsection 1, Code 2016, is amended
  9  3 by adding the following new paragraph:
  9  4    NEW PARAGRAPH.  e.  Vehicles operating under a permit issued
  9  5 pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross
  9  6 weight not to exceed forty=six thousand pounds on a single
  9  7 tandem axle of the truck tractor and a gross weight not to
  9  8 exceed forty=six thousand pounds on a single tandem axle of the
  9  9 trailer or semitrailer if each axle of each tandem group has at
  9 10 least four tires.
  9 11                           DIVISION V
  9 12                            AIRCRAFT
  9 13    Sec. 23.  Section 328.24, subsection 1, Code 2016, is amended
  9 14 to read as follows:
  9 15    1.  If, during the year for which an aircraft, except
  9 16 nonresident aircraft used for the application of herbicides
  9 17 and pesticides, was registered and the required fee paid, the
  9 18 aircraft is destroyed by fire or accident or junked, and its
  9 19 identity as an aircraft entirely eliminated, or the aircraft
  9 20 is removed and continuously used beyond the boundaries of the
  9 21 state, then the owner in whose name it was registered at the
  9 22 time of destruction, dismantling, or removal from the state
  9 23 shall return the certificate of registration to the department
  9 24 within thirty days and make affidavit of the destruction,
  9 25 dismantling, or removal and make claim for the refund. The
  9 26 refund shall be paid from the general fund of the state.
  9 27                           EXPLANATION
  9 28 The inclusion of this explanation does not constitute agreement with
  9 29 the explanation's substance by the members of the general assembly.
  9 30    DIVISION I ==== AUTOCYCLES.  This bill defines an autocycle
  9 31 as a motorcycle with two front wheels and one rear wheel, a
  9 32 steering wheel, one or more permanent seats that do not require
  9 33 the operator or a passenger to straddle or sit astride a seat,
  9 34 and foot pedals that control the brakes, acceleration, and
  9 35 clutch. Under the bill, autocycles are treated as motorcycles
 10  1 under the Code, including for purposes of registration and
 10  2 display of one license plate, except that autocycles are
 10  3 required to operate with two front headlamps, may transport
 10  4 packages in the vehicle, must be operated under a class C
 10  5 driver's license instead of a class M driver's license, are not
 10  6 exempt from lighting equipment requirements, are not exempt
 10  7 from brake requirements generally applicable to motor vehicles,
 10  8 and are not exempt from safety belt and child restraint
 10  9 requirements generally applicable to motor vehicles.
 10 10    DIVISION II ==== REPAIRED SALVAGE MOTOR VEHICLES.  Current
 10 11 law requires the owner of a repaired vehicle with a salvage
 10 12 certificate of title from another state to apply for and be
 10 13 issued an Iowa salvage certificate of title before the owner
 10 14 may apply for and be issued an Iowa certificate of title
 10 15 indicating the repaired vehicle was previously titled as
 10 16 salvage. The bill allows the owner of a repaired vehicle to
 10 17 obtain an Iowa certificate of title indicating the repaired
 10 18 vehicle was previously titled as salvage by surrendering the
 10 19 foreign salvage certificate of title and a salvage theft
 10 20 examination certificate properly executed within 30 days of the
 10 21 date the owner was assigned the foreign certificate of title.
 10 22    Under current law, the $30 fee for a salvage theft
 10 23 examination is due upon completion of the examination. The
 10 24 bill increases the fee to $50 and requires the fee to be paid at
 10 25 the time the examination is scheduled.
 10 26    DIVISION III ==== SPECIAL MINOR'S DRIVER'S LICENSES.  Under
 10 27 current law, a special minor's driver's license entitles the
 10 28 licensee to travel between the licensee's residence or school
 10 29 of enrollment and a school that is not the licensee's school of
 10 30 enrollment for the purpose of participating in extracurricular
 10 31 activities. The bill requires the school that is not the
 10 32 licensee's school of enrollment to be within or contiguous to
 10 33 the licensee's district of residence.
 10 34    DIVISION IV ==== OVERSIZE AND OVERWEIGHT MOTOR VEHICLES.
 10 35 Current law limits the weight of a vehicle operating under a
 11  1 permit related to excessive size and weight to 20,000 pounds
 11  2 per axle, or 40,000 pounds per tandem axle. The bill allows
 11  3 such vehicles to have a weight of 46,000 pounds on a single
 11  4 tandem axle of the truck tractor and 46,000 pounds on a single
 11  5 tandem axle of the trailer or semitrailer if each axle of each
 11  6 tandem group has at least four tires.
 11  7    DIVISION V ==== AIRCRAFT.  Under current law, the owner of an
 11  8 aircraft may receive a registration refund if the aircraft is
 11  9 destroyed by fire or accident or junked, and its identity as an
 11 10 aircraft entirely eliminated, or the aircraft is removed and
 11 11 continuously used beyond the boundaries of the state. However,
 11 12 nonresident owners of aircraft used for the application of
 11 13 herbicides and pesticides are prohibited from receiving a
 11 14 refund. The bill prohibits all owners of aircraft used for
 11 15 the application of herbicides and pesticides from receiving a
 11 16 refund.
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