Senate File 473 - Introduced SENATE FILE 473 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1036) A BILL FOR An Act relating to the enforcement of motor vehicle laws and 1 the regulation of commercial motor vehicles and certain 2 operators by the department of transportation, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2126SV (2) 87 ns/nh/rh

S.F. 473 Section 1. Section 321.180, subsection 2, paragraph c, Code 1 2017, is amended to read as follows: 2 c. A commercial learner’s permit shall be valid for a period 3 not to exceed one hundred eighty days the period provided in 4 49 C.F.R. §383.25(c) and 49 C.F.R. §383.73(a)(2)(iii) . A 5 commercial learner’s permit may be renewed for an additional 6 one hundred eighty days without retaking the general and 7 endorsement knowledge tests required by section 321.188 . 8 Sec. 2. Section 321.463, Code 2017, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 4A. a. Notwithstanding any provision of 11 law to the contrary, a motor vehicle equipped with an engine 12 fueled primarily by compressed natural gas may exceed any 13 applicable maximum gross weight limit under this chapter, up 14 to a maximum gross weight of eighty-two thousand pounds, by 15 an amount equal to the difference between the weight of the 16 vehicle attributable to the compressed natural gas tank and 17 fueling system installed in the vehicle and the weight of a 18 comparable diesel fuel tank and fueling system. 19 b. Notwithstanding any provision of law to the contrary, 20 a motor vehicle described in paragraph “a” equipped with an 21 auxiliary power or idle reduction technology unit that reduces 22 fuel use and emissions during engine idling may exceed any 23 applicable maximum gross weight limit under this chapter by 24 five hundred fifty pounds or the weight of the auxiliary power 25 or idle reduction technology unit, whichever is less. This 26 paragraph “b” shall not apply unless the operator of the vehicle 27 provides to the department a written certification of the 28 weight of the auxiliary power or idle reduction technology 29 unit, demonstrates or certifies to the department that the idle 30 reduction technology unit is fully functional at all times, 31 and carries with the operator the written certification of the 32 weight of the auxiliary power or idle reduction technology unit 33 in the vehicle at all times to present to law enforcement in 34 the event the vehicle is suspected of violating any applicable 35 -1- LSB 2126SV (2) 87 ns/nh/rh 1/ 5

S.F. 473 weight restrictions. 1 Sec. 3. Section 321.477, Code 2017, is amended to read as 2 follows: 3 321.477 Employees as peace officers —— maximum age. 4 1. The department may designate by resolution certain of 5 its employees upon each of whom there is hereby conferred the 6 authority of a peace officer to enforce all laws of the state 7 including but not limited to the rules and regulations of the 8 department. Employees designated as peace officers pursuant 9 to this section shall have the same powers conferred by law on 10 peace officers for the enforcement of the laws of this state 11 and the apprehension of violators. 12 2. Employees designated as peace officers pursuant to this 13 section shall primarily engage in the following enforcement 14 activities: 15 a. The enforcement of federal motor carrier safety 16 regulations and federal motor carrier hazardous materials 17 regulations as adopted in this chapter and in rules adopted by 18 the department under this chapter. 19 b. The regulation of the operating authority of motor 20 carriers. 21 c. The regulation of the movement, safety, and lawful 22 operation of commercial motor vehicles. 23 d. The regulation of the operating authority of commercial 24 motor vehicle operators and the enforcement of traffic and 25 safety laws on operators of commercial motor vehicles. 26 e. The enforcement and performance of other activities 27 necessary for the motor carrier safety assistance program and 28 the high priority program administered under 49 C.F.R. pt. 29 350. 30 f. The investigation and enforcement of matters relating to 31 or arising out of responsibilities entrusted to the department. 32 g. The control and direct direction of traffic and weigh 33 vehicles, and to make arrests for violations of the . 34 h. The enforcement of motor vehicle laws relating to 35 -2- LSB 2126SV (2) 87 ns/nh/rh 2/ 5

S.F. 473 the operating authority, registration, size, weight, and 1 load of motor vehicles and trailers and registration of a 2 motor carrier’s interstate transportation service with the 3 department . 4 3. The maximum age for a person employed as a peace officer 5 pursuant to this section is sixty-five years of age. 6 Sec. 4. EFFECTIVE UPON ENACTMENT. The section of this Act 7 amending section 321.477, being deemed of immediate importance, 8 takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 Under current law, commercial learner’s permits are valid 13 for 180 days and may be renewed for an additional 180 days 14 without retaking the required general and endorsement knowledge 15 tests. This bill alters that provision to incorporate by 16 reference the validity and renewal periods provided by the 17 code of federal regulations as well as an exemption for state 18 driver’s licensing agencies. Although the code of federal 19 regulations specifies the same 180-day validity and renewal 20 periods, state driver’s licensing agencies are currently 21 exempted from those periods by the federal motor carrier safety 22 administration, and may instead allow commercial learner’s 23 permits to be valid for one year with no renewal period. 24 The bill provides that a motor vehicle equipped with an 25 engine fueled primarily by compressed natural gas may exceed 26 any applicable maximum gross weight limit under Code chapter 27 321, up to a maximum gross weight of 82,000 pounds, by an 28 amount equal to the difference between the weight of the 29 vehicle attributable to the compressed natural gas tank and 30 fueling system installed in the vehicle and the weight of a 31 comparable diesel fuel tank and fueling system. 32 The bill further provides that such a motor vehicle equipped 33 with an auxiliary power or idle reduction technology unit that 34 reduces fuel use and emissions during engine idling may exceed 35 -3- LSB 2126SV (2) 87 ns/nh/rh 3/ 5

S.F. 473 any applicable maximum gross weight limit by 550 pounds or the 1 weight of the auxiliary power or idle reduction technology 2 unit, whichever is less. However, this provision does not 3 apply unless the operator of the vehicle provides to the 4 department of transportation (DOT) a written certification of 5 the weight of the auxiliary power or idle reduction technology 6 unit, demonstrates or certifies to the DOT that the idle 7 reduction technology unit is fully functional at all times, 8 and carries with the operator the written certification of the 9 weight of the auxiliary power or idle reduction technology unit 10 in the vehicle at all times to present to law enforcement in 11 the event the vehicle is suspected of violating any applicable 12 weight restrictions. 13 Current law provides that certain employees of the DOT may be 14 designated as peace officers authorized to control and direct 15 traffic and weigh vehicles, and to make arrests for violations 16 of the motor vehicle laws relating to the operating authority, 17 registration, size, weight, and load of motor vehicles and 18 trailers, and registration of a motor carrier’s interstate 19 transportation service with the DOT. 20 The bill authorizes peace officers employed by the DOT 21 to enforce all laws of the state including but not limited 22 to the rules and regulations of the DOT. The bill requires 23 DOT employees designated as peace officers to primarily 24 engage in the enforcement of federal motor carrier safety 25 regulations and federal motor carrier hazardous materials 26 regulations; the regulation of the operating authority of 27 motor carriers; the regulation of the movement, safety, and 28 lawful operation of commercial motor vehicles; the regulation 29 of the operating authority of commercial motor vehicle 30 operators; the enforcement of traffic and safety laws on 31 operators of commercial motor vehicles; the enforcement and 32 performance of other activities necessary for the motor carrier 33 safety assistance program and the high priority program; 34 the investigation and enforcement of matters relating to or 35 -4- LSB 2126SV (2) 87 ns/nh/rh 4/ 5

S.F. 473 arising out of responsibilities entrusted to the DOT; the 1 control and direction of traffic; and the enforcement of motor 2 vehicle laws relating to the operating authority, registration, 3 size, weight, and load of motor vehicles and trailers. This 4 provision of the bill takes effect upon enactment. 5 -5- LSB 2126SV (2) 87 ns/nh/rh 5/ 5