HSB 107 (LSB 1708YC (2) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the charging procedure for scheduled violations for exceeding weight limits on an axle or vehicle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 805.8A, subsection 12, paragraph e, Code 2023, is amended to read as follows:
   e.  (1)  Violations of the schedule of axle, and tandem axle, and gross or group of axle axles, and gross weight violations limits in section 321.463 shall be scheduled violations subject to the uniform citation and complaint provisions, procedures, and exceptions contained in sections 805.6 through 805.11, irrespective of the amount of the scheduled fine under that schedule.
   (a)  Violations of the schedule of weight violations shall be chargeable, where the fine charged does not exceed one thousand dollars, only by uniform citation and complaint.
   (b)  Violations of the schedule of weight violations, where the fine charged exceeds one thousand dollars shall, when the violation is admitted and section 805.9 applies, be chargeable upon uniform citation and complaint, indictment, or county attorney’s information, but otherwise shall be chargeable only upon indictment or county attorney’s information.
   (2)  In all cases of charges under the schedule of weight violations, the charge citation and complaint shall specify the amount of fine charged under the schedule. Where a defendant is convicted and the fine under the foregoing schedule of weight violations exceeds one thousand dollars, the conviction shall be of an indictable offense although section 805.9 is employed and whether the violation is charged upon uniform citation and complaint, indictment, or county attorney’s information.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, Code sections 805.6 through 805.11 authorize the commissioner of public safety, the director of transportation, and the director of the department of natural resources to adopt a uniform citation and complaint, and associated procedures, for charging traffic violations and other violations which are designated as scheduled violations.
   Code section 321.463 limits the maximum gross weight of a vehicle based on the number and type of axles and the distance between the axles on the vehicle. A violation results in a scheduled fine ranging from $12 to $2,200 plus 10 cents per pound in excess of 20,000 pounds over the limit.
   Current law requires weight limit violations resulting in a fine exceeding $1,000, when the violation is admitted, to be chargeable upon uniform citation and complaint, indictment, or county attorney’s information. However, if the violation is not admitted, the violation is chargeable only upon indictment or county attorney’s information.
   This bill makes such violations of Code section 321.463 a scheduled violation subject to the uniform citation and complaint provisions, procedures, and exceptions, irrespective of the amount of the scheduled fine.
   The bill makes conforming changes to Code section 805.8A(12)(e), but does not change the scheduled fine amount for any violation.