House
Study
Bill
107
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
the
charging
procedure
for
scheduled
1
violations
for
exceeding
weight
limits
on
an
axle
or
2
vehicle.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1708YC
(2)
90
th/ns
H.F.
_____
Section
1.
Section
805.8A,
subsection
12,
paragraph
e,
Code
1
2023,
is
amended
to
read
as
follows:
2
e.
(1)
Violations
of
the
schedule
of
axle
,
and
tandem
axle
,
3
and
gross
or
group
of
axle
axles,
and
gross
weight
violations
4
limits
in
section
321.463
shall
be
scheduled
violations
subject
5
to
the
uniform
citation
and
complaint
provisions,
procedures,
6
and
exceptions
contained
in
sections
805.6
through
805.11
,
7
irrespective
of
the
amount
of
the
scheduled
fine
under
that
8
schedule
.
9
(a)
Violations
of
the
schedule
of
weight
violations
shall
be
10
chargeable,
where
the
fine
charged
does
not
exceed
one
thousand
11
dollars,
only
by
uniform
citation
and
complaint.
12
(b)
Violations
of
the
schedule
of
weight
violations,
where
13
the
fine
charged
exceeds
one
thousand
dollars
shall,
when
the
14
violation
is
admitted
and
section
805.9
applies,
be
chargeable
15
upon
uniform
citation
and
complaint,
indictment,
or
county
16
attorney’s
information,
but
otherwise
shall
be
chargeable
only
17
upon
indictment
or
county
attorney’s
information.
18
(2)
In
all
cases
of
charges
under
the
schedule
of
weight
19
violations,
the
charge
citation
and
complaint
shall
specify
the
20
amount
of
fine
charged
under
the
schedule.
Where
a
defendant
21
is
convicted
and
the
fine
under
the
foregoing
schedule
of
22
weight
violations
exceeds
one
thousand
dollars,
the
conviction
23
shall
be
of
an
indictable
offense
although
section
805.9
is
24
employed
and
whether
the
violation
is
charged
upon
uniform
25
citation
and
complaint,
indictment,
or
county
attorney’s
26
information.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
Under
current
law,
Code
sections
805.6
through
805.11
31
authorize
the
commissioner
of
public
safety,
the
director
of
32
transportation,
and
the
director
of
the
department
of
natural
33
resources
to
adopt
a
uniform
citation
and
complaint,
and
34
associated
procedures,
for
charging
traffic
violations
and
35
-1-
LSB
1708YC
(2)
90
th/ns
1/
2
H.F.
_____
other
violations
which
are
designated
as
scheduled
violations.
1
Code
section
321.463
limits
the
maximum
gross
weight
of
a
2
vehicle
based
on
the
number
and
type
of
axles
and
the
distance
3
between
the
axles
on
the
vehicle.
A
violation
results
in
a
4
scheduled
fine
ranging
from
$12
to
$2,200
plus
10
cents
per
5
pound
in
excess
of
20,000
pounds
over
the
limit.
6
Current
law
requires
weight
limit
violations
resulting
in
a
7
fine
exceeding
$1,000,
when
the
violation
is
admitted,
to
be
8
chargeable
upon
uniform
citation
and
complaint,
indictment,
or
9
county
attorney’s
information.
However,
if
the
violation
is
10
not
admitted,
the
violation
is
chargeable
only
upon
indictment
11
or
county
attorney’s
information.
12
This
bill
makes
such
violations
of
Code
section
321.463
13
a
scheduled
violation
subject
to
the
uniform
citation
and
14
complaint
provisions,
procedures,
and
exceptions,
irrespective
15
of
the
amount
of
the
scheduled
fine.
16
The
bill
makes
conforming
changes
to
Code
section
17
805.8A(12)(e),
but
does
not
change
the
scheduled
fine
amount
18
for
any
violation.
19
-2-
LSB
1708YC
(2)
90
th/ns
2/
2