Bill Text: IA SF473 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the enforcement of motor vehicle laws and the regulation of commercial motor vehicles and certain operators by the department of transportation, and including effective date provisions. (Formerly SSB 1036.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-04-04 - Withdrawn. S.J. 872. [SF473 Detail]

Download: Iowa-2017-SF473-Introduced.html

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Senate File 473 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON
                                     TRANSPORTATION

                                 (SUCCESSOR TO SSB
                                     1036)

                                      A BILL FOR

  1 An Act relating to the enforcement of motor vehicle laws and
  2    the regulation of commercial motor vehicles and certain
  3    operators by the department of transportation, and including
  4    effective date provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321.180, subsection 2, paragraph c, Code
  1  2 2017, is amended to read as follows:
  1  3    c.  A commercial learner's permit shall be valid for a period
  1  4 not to exceed one hundred eighty days the period provided in
  1  5 49 C.F.R. {383.25(c) and 49 C.F.R. {383.73(a)(2)(iii). A
  1  6 commercial learner's permit may be renewed for an additional
  1  7 one hundred eighty days without retaking the general and
  1  8 endorsement knowledge tests required by section 321.188.
  1  9    Sec. 2.  Section 321.463, Code 2017, is amended by adding the
  1 10 following new subsection:
  1 11    NEW SUBSECTION.  4A.  a.  Notwithstanding any provision of
  1 12 law to the contrary, a motor vehicle equipped with an engine
  1 13 fueled primarily by compressed natural gas may exceed any
  1 14 applicable maximum gross weight limit under this chapter, up
  1 15 to a maximum gross weight of eighty=two thousand pounds, by
  1 16 an amount equal to the difference between the weight of the
  1 17 vehicle attributable to the compressed natural gas tank and
  1 18 fueling system installed in the vehicle and the weight of a
  1 19 comparable diesel fuel tank and fueling system.
  1 20    b.  Notwithstanding any provision of law to the contrary,
  1 21 a motor vehicle described in paragraph "a" equipped with an
  1 22 auxiliary power or idle reduction technology unit that reduces
  1 23 fuel use and emissions during engine idling may exceed any
  1 24 applicable maximum gross weight limit under this chapter by
  1 25 five hundred fifty pounds or the weight of the auxiliary power
  1 26 or idle reduction technology unit, whichever is less. This
  1 27 paragraph "b" shall not apply unless the operator of the vehicle
  1 28 provides to the department a written certification of the
  1 29 weight of the auxiliary power or idle reduction technology
  1 30 unit, demonstrates or certifies to the department that the idle
  1 31 reduction technology unit is fully functional at all times,
  1 32 and carries with the operator the written certification of the
  1 33 weight of the auxiliary power or idle reduction technology unit
  1 34 in the vehicle at all times to present to law enforcement in
  1 35 the event the vehicle is suspected of violating any applicable
  2  1 weight restrictions.
  2  2    Sec. 3.  Section 321.477, Code 2017, is amended to read as
  2  3 follows:
  2  4    321.477  Employees as peace officers ==== maximum age.
  2  5    1.  The department may designate by resolution certain of
  2  6 its employees upon each of whom there is hereby conferred the
  2  7 authority of a peace officer to enforce all laws of the state
  2  8 including but not limited to the rules and regulations of the
  2  9 department. Employees designated as peace officers pursuant
  2 10 to this section shall have the same powers conferred by law on
  2 11 peace officers for the enforcement of the laws of this state
  2 12 and the apprehension of violators.
  2 13    2.  Employees designated as peace officers pursuant to this
  2 14 section shall primarily engage in the following enforcement
  2 15 activities:
  2 16    a.  The enforcement of federal motor carrier safety
  2 17 regulations and federal motor carrier hazardous materials
  2 18 regulations as adopted in this chapter and in rules adopted by
  2 19 the department under this chapter.
  2 20    b.  The regulation of the operating authority of motor
  2 21 carriers.
  2 22    c.  The regulation of the movement, safety, and lawful
  2 23 operation of commercial motor vehicles.
  2 24    d.  The regulation of the operating authority of commercial
  2 25 motor vehicle operators and the enforcement of traffic and
  2 26 safety laws on operators of commercial motor vehicles.
  2 27    e.  The enforcement and performance of other activities
  2 28 necessary for the motor carrier safety assistance program and
  2 29 the high priority program administered under 49 C.F.R. pt.
  2 30 350.
  2 31    f.  The investigation and enforcement of matters relating to
  2 32 or arising out of responsibilities entrusted to the department.
  2 33    g.  The control and direct direction of traffic and weigh
  2 34 vehicles, and to make arrests for violations of the.
  2 35    h.  The enforcement of motor vehicle laws relating to
  3  1 the operating authority, registration, size, weight, and
  3  2 load of motor vehicles and trailers and registration of a
  3  3 motor carrier's interstate transportation service with the
  3  4 department.
  3  5    3.  The maximum age for a person employed as a peace officer
  3  6 pursuant to this section is sixty=five years of age.
  3  7    Sec. 4.  EFFECTIVE UPON ENACTMENT.  The section of this Act
  3  8 amending section 321.477, being deemed of immediate importance,
  3  9 takes effect upon enactment.
  3 10                           EXPLANATION
  3 11 The inclusion of this explanation does not constitute agreement with
  3 12 the explanation's substance by the members of the general assembly.
  3 13    Under current law, commercial learner's permits are valid
  3 14 for 180 days and may be renewed for an additional 180 days
  3 15 without retaking the required general and endorsement knowledge
  3 16 tests. This bill alters that provision to incorporate by
  3 17 reference the validity and renewal periods provided by the
  3 18 code of federal regulations as well as an exemption for state
  3 19 driver's licensing agencies. Although the code of federal
  3 20 regulations specifies the same 180=day validity and renewal
  3 21 periods, state driver's licensing agencies are currently
  3 22 exempted from those periods by the federal motor carrier safety
  3 23 administration, and may instead allow commercial learner's
  3 24 permits to be valid for one year with no renewal period.
  3 25    The bill provides that a motor vehicle equipped with an
  3 26 engine fueled primarily by compressed natural gas may exceed
  3 27 any applicable maximum gross weight limit under Code chapter
  3 28 321, up to a maximum gross weight of 82,000 pounds, by an
  3 29 amount equal to the difference between the weight of the
  3 30 vehicle attributable to the compressed natural gas tank and
  3 31 fueling system installed in the vehicle and the weight of a
  3 32 comparable diesel fuel tank and fueling system.
  3 33    The bill further provides that such a motor vehicle equipped
  3 34 with an auxiliary power or idle reduction technology unit that
  3 35 reduces fuel use and emissions during engine idling may exceed
  4  1 any applicable maximum gross weight limit by 550 pounds or the
  4  2 weight of the auxiliary power or idle reduction technology
  4  3 unit, whichever is less.  However, this provision does not
  4  4 apply unless the operator of the vehicle provides to the
  4  5 department of transportation (DOT) a written certification of
  4  6 the weight of the auxiliary power or idle reduction technology
  4  7 unit, demonstrates or certifies to the DOT that the idle
  4  8 reduction technology unit is fully functional at all times,
  4  9 and carries with the operator the written certification of the
  4 10 weight of the auxiliary power or idle reduction technology unit
  4 11 in the vehicle at all times to present to law enforcement in
  4 12 the event the vehicle is suspected of violating any applicable
  4 13 weight restrictions.
  4 14    Current law provides that certain employees of the DOT may be
  4 15 designated as peace officers authorized to control and direct
  4 16 traffic and weigh vehicles, and to make arrests for violations
  4 17 of the motor vehicle laws relating to the operating authority,
  4 18 registration, size, weight, and load of motor vehicles and
  4 19 trailers, and registration of a motor carrier's interstate
  4 20 transportation service with the DOT.
  4 21    The bill authorizes peace officers employed by the DOT
  4 22 to enforce all laws of the state including but not limited
  4 23 to the rules and regulations of the DOT.  The bill requires
  4 24 DOT employees designated as peace officers to primarily
  4 25 engage in the enforcement of federal motor carrier safety
  4 26 regulations and federal motor carrier hazardous materials
  4 27 regulations; the regulation of the operating authority of
  4 28 motor carriers; the regulation of the movement, safety, and
  4 29 lawful operation of commercial motor vehicles; the regulation
  4 30 of the operating authority of commercial motor vehicle
  4 31 operators; the enforcement of traffic and safety laws on
  4 32 operators of commercial motor vehicles; the enforcement and
  4 33 performance of other activities necessary for the motor carrier
  4 34 safety assistance program and the high priority program;
  4 35 the investigation and enforcement of matters relating to or
  5  1 arising out of responsibilities entrusted to the DOT; the
  5  2 control and direction of traffic; and the enforcement of motor
  5  3 vehicle laws relating to the operating authority, registration,
  5  4 size, weight, and load of motor vehicles and trailers. This
  5  5 provision of the bill takes effect upon enactment.
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