House File 408 - Introduced HOUSE FILE 408 BY BEST A BILL FOR An Act relating to weighing motor vehicles. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2075YH (4) 87 ns/nh
H.F. 408 Section 1. Section 321.465, Code 2017, is amended to read 1 as follows: 2 321.465 Weighing vehicles and removal of excess. 3 1. Any peace officer having reason to believe that the 4 weight of a vehicle and load is unlawful is authorized to 5 require the driver to stop and submit to a weighing of the same 6 vehicle and load either by means of portable or stationary 7 scales and may require that such vehicle be driven to the 8 nearest public scales. If the peace officer requires the 9 vehicle and load to be weighed by means of portable scales, the 10 driver may request that the weighing of the vehicle and load 11 instead take place at the nearest public scales that comply 12 with section 215.18. If the driver makes such a request, the 13 peace officer shall permit the vehicle to be driven to the 14 nearest public scales that comply with section 215.18 to be 15 weighed. 16 2. If an officer upon weighing a vehicle and load determines 17 that the weight is unlawful, the officer may require the driver 18 to stop the vehicle in a suitable place until such portion of 19 the load is removed as may be necessary to reduce the gross 20 weight of the vehicle and load to the limit as permitted under 21 this chapter . All material so unloaded shall be cared for by 22 the owner or operator of the vehicle at the risk of the owner 23 or operator. The owner or operator of an overweight vehicle, 24 designed to transport solid waste and domiciled within the 25 state, which is transporting solid waste, shall not be required 26 to unload any portion of the load, if the load is indivisible, 27 in a place other than a facility which is permitted to handle 28 solid waste disposal, processing, or recycling. For purposes 29 of this section “solid waste” means waste which is acceptable 30 at a local sanitary landfill and the solid waste shall be 31 considered to be an indivisible load. 32 3. A driver of a vehicle who fails or refuses to stop and 33 submit the vehicle and load to a weighing, or who fails or 34 refuses when directed by an officer upon a weighing of the 35 -1- LSB 2075YH (4) 87 ns/nh 1/ 2
H.F. 408 vehicle and load to stop the vehicle and otherwise comply with 1 this section , is guilty of a simple misdemeanor. 2 4. Upon weighing a vehicle and load, as above provided, 3 if such load is a sealed load, the weight officer shall issue 4 a certificate setting forth the weights as determined by the 5 weight officer and the seal number or numbers, if requested by 6 the operator. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 Current law provides that any peace officer having reason 11 to believe that the weight of a vehicle and load is unlawful 12 is authorized to require the driver to stop and submit to a 13 weighing of the vehicle and load either by means of portable or 14 stationary scales and may require that such vehicle be driven 15 to the nearest public scales. 16 If the peace officer requires the vehicle and load to be 17 weighed by means of portable scales, this bill permits the 18 driver to request that the weighing of the vehicle and load 19 instead take place at the nearest public scales meeting the 20 specifications and tolerances required by Code section 215.18. 21 If the driver makes such a request, the bill requires the peace 22 officer to permit the vehicle to be driven to the nearest 23 public scales that comply with Code section 215.18 to be 24 weighed. 25 -2- LSB 2075YH (4) 87 ns/nh 2/ 2