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