Bill Text: IA SSB1057 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to a weigh station preclearance program and associated systems and devices for use by commercial motor vehicles.(See SF 448.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-23 - Committee report approving bill, renumbered as SF 448. [SSB1057 Detail]
Download: Iowa-2021-SSB1057-Introduced.html
Senate
Study
Bill
1057
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BROWN)
A
BILL
FOR
An
Act
relating
to
a
weigh
station
preclearance
program
and
1
associated
systems
and
devices
for
use
by
commercial
motor
2
vehicles.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
321.465A
Weigh
station
preclearance
1
program
——
authorized
devices.
2
1.
The
department
may
administer
a
weigh
station
3
preclearance
program
in
accordance
with
the
commercial
vehicle
4
information
systems
and
networks
electronic
screening
truck
5
inspection
and
weigh
station
preclearance
standards
authorized
6
by
the
federal
motor
carrier
safety
administration
of
the
7
United
States
department
of
transportation.
If
the
department
8
administers
a
preclearance
program,
the
department
shall
9
determine
which
weigh
stations
shall
participate
in
the
10
preclearance
program
and
all
preclearance
system
providers’
11
devices
and
platforms
shall
be
treated
equally
and
used
12
concurrently
at
participating
weigh
stations
in
accordance
with
13
this
section.
14
2.
The
department
shall
set
the
criteria
for
the
15
preclearance
program
and
such
criteria
shall
be
applied
16
equally
to
all
preclearance
systems,
devices,
and
platforms.
17
Such
criteria
may
include
but
is
not
limited
to
information
18
regarding
safety
history,
weight,
and
credential
status.
19
3.
For
purposes
of
the
preclearance
program,
a
commercial
20
mobile
radio
services
network
device
or
a
dedicated
short-range
21
communications
device
may
be
used
as
a
transponder,
provided
22
all
of
the
following
conditions
are
met:
23
a.
All
software
and
hardware
from
the
provider
of
the
system
24
within
which
the
device
operates
that
is
necessary
for
the
25
department’s
use
of
the
provider’s
system
is
made
available
to
26
the
department
at
no
cost
to
the
department,
and
the
provider
27
is
responsible,
either
individually
or
collectively
with
other
28
system
providers,
as
applicable,
for
all
costs
of
operating
and
29
maintaining
the
software
and
hardware.
30
b.
The
device
software
and
hardware,
as
applicable,
31
meets
the
requirements
of
the
federal
motor
carrier
safety
32
administration
for
core
compliance
with
the
commercial
vehicle
33
information
systems
and
networks
electronic
screening
truck
34
inspection
and
weigh
station
preclearance
standards.
35
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c.
All
in-vehicle
equipment
is
operated
in
compliance
with
1
sections
321.276
and
321.449B,
and
applicable
federal
law
and
2
regulations
relating
to
distracted
driving.
3
d.
The
system
within
which
the
device
operates
is
capable
of
4
interfacing
with
applicable
weigh-in-motion
systems.
5
4.
The
department
shall
be
considered
the
owner
of
any
data
6
provided
by
the
preclearance
system
or
platform
providers
as
7
part
of
the
preclearance
program
or
weigh-in-motion
system.
8
If
required
for
preclearance
services,
real-time
data
from
9
weigh-in-motion
systems
shall
not
be
considered
proprietary.
10
Existing
and
future
weigh-in-motion
systems
provided
to
or
11
procured
by
the
department,
whether
gifted
or
purchased
at
or
12
below
market
rates,
and
associated
weigh-in-motion
data
shall
13
be
accessible
by
preclearance
system
providers
as
needed
to
14
obtain
real-time
weight
data
for
vehicles
participating
in
a
15
provider’s
respective
preclearance
system.
16
5.
The
department
may
adopt
rules
pursuant
to
chapter
17A
to
17
administer
this
section.
The
rules
adopted
by
the
department
18
may
include
authorizations
for
particular
devices
that
meet
19
the
requirements
of
subsection
3
for
use
in
the
preclearance
20
program.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
allows
the
department
of
transportation
(DOT)
to
25
administer
a
weigh
station
preclearance
program
in
accordance
26
with
the
commercial
vehicle
information
systems
and
networks
27
(CVISN)
electronic
screening
truck
inspection
and
weigh
28
station
preclearance
standards
authorized
by
the
federal
motor
29
carrier
safety
administration
(FMCSA)
of
the
U.S.
department
30
of
transportation.
31
If
the
DOT
administers
a
preclearance
program,
the
bill
32
requires
the
DOT
to
determine
which
weigh
stations
shall
33
participate
in
the
preclearance
program
and
all
preclearance
34
system
providers’
devices
and
platforms
shall
be
treated
35
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_____
equally
and
used
concurrently
at
participating
weigh
stations.
1
The
bill
requires
the
DOT
to
set
the
criteria
for
the
2
preclearance
program
and
such
criteria
shall
be
applied
equally
3
to
all
preclearance
systems,
devices,
and
platforms.
Such
4
criteria
may
include
but
is
not
limited
to
safety
history,
5
weight,
and
credential
status.
6
For
the
purpose
of
the
preclearance
program,
the
bill
7
authorizes
all
commercial
mobile
radio
services
network
devices
8
and
dedicated
short-range
communications
devices
to
be
used
9
as
transponders
so
long
as
all
software
and
hardware
from
the
10
provider
of
the
system
within
which
the
device
operates
that
is
11
necessary
for
the
DOT’s
use
of
the
provider’s
system
is
made
12
available
to
the
DOT
at
no
cost
to
the
DOT,
the
preclearance
13
device
software
and
hardware
meets
the
requirements
of
the
14
FMCSA
for
core
compliance
with
the
CVISN
electronic
screening
15
truck
inspection
and
weigh
station
preclearance
standards,
16
all
in-vehicle
equipment
is
operated
in
compliance
with
17
Iowa
law
and
applicable
federal
law
and
regulations
relating
18
to
distracted
driving,
and
the
system
within
which
the
19
device
operates
is
capable
of
interacting
with
applicable
20
weigh-in-motion
systems.
21
The
DOT
is
the
owner
of
any
data
provided
by
the
preclearance
22
system
or
platform
providers
as
part
of
the
preclearance
or
23
weigh-in-motion
system.
If
required
for
preclearance
services,
24
real-time
data
from
weigh-in-motion
systems
shall
not
be
25
considered
proprietary.
All
weigh-in-motion
systems
provided
26
to
or
procured
by
the
DOT,
whether
gifted
or
purchased
at
or
27
below
market
rates,
and
associated
weigh-in-motion
data
shall
28
be
accessible
by
preclearance
system
providers
as
needed
to
29
obtain
real-time
weight
data
for
vehicles
participating
in
a
30
provider’s
respective
preclearance
program.
31
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