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House Study Bill 107 - IntroducedA Bill ForAn Act 1relating to the charging procedure for scheduled
2violations for exceeding weight limits on an axle or
3vehicle.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 805.8A, subsection 12, paragraph e, Code
22023, is amended to read as follows:
3e. (1) Violations of the schedule of axle, and tandem axle,
4 and gross or group of axle axles, and gross weight violations
5 limits in section 321.463 shall be scheduled violations subject
6to the uniform citation and complaint provisions, procedures,
7and exceptions contained in sections 805.6 through 805.11,
8irrespective of the amount of the scheduled fine under that
9schedule.
10(a) Violations of the schedule of weight violations shall be
11chargeable, where the fine charged does not exceed one thousand
12dollars, only by uniform citation and complaint.
13(b) Violations of the schedule of weight violations, where
14the fine charged exceeds one thousand dollars shall, when the
15violation is admitted and section 805.9 applies, be chargeable
16upon uniform citation and complaint, indictment, or county
17attorney’s information, but otherwise shall be chargeable only
18upon indictment or county attorney’s information.
19(2) In all cases of charges under the schedule of weight
20violations, the charge citation and complaint shall specify the
21amount of fine charged under the schedule. Where a defendant
22is convicted and the fine under the foregoing schedule of
23weight violations exceeds one thousand dollars, the conviction
24shall be of an indictable offense although section 805.9 is
25employed and whether the violation is charged upon uniform
26citation and complaint, indictment, or county attorney’s
27information.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31Under current law, Code sections 805.6 through 805.11
32authorize the commissioner of public safety, the director of
33transportation, and the director of the department of natural
34resources to adopt a uniform citation and complaint, and
35associated procedures, for charging traffic violations and
-1-1other violations which are designated as scheduled violations.
2Code section 321.463 limits the maximum gross weight of a
3vehicle based on the number and type of axles and the distance
4between the axles on the vehicle. A violation results in a
5scheduled fine ranging from $12 to $2,200 plus 10 cents per
6pound in excess of 20,000 pounds over the limit.
7Current law requires weight limit violations resulting in a
8fine exceeding $1,000, when the violation is admitted, to be
9chargeable upon uniform citation and complaint, indictment, or
10county attorney’s information. However, if the violation is
11not admitted, the violation is chargeable only upon indictment
12or county attorney’s information.
13This bill makes such violations of Code section 321.463
14a scheduled violation subject to the uniform citation and
15complaint provisions, procedures, and exceptions, irrespective
16of the amount of the scheduled fine.
17The bill makes conforming changes to Code section
18805.8A(12)(e), but does not change the scheduled fine amount
19for any violation.
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2violations for exceeding weight limits on an axle or
3vehicle.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 805.8A, subsection 12, paragraph e, Code
22023, is amended to read as follows:
3e. (1) Violations of the schedule of axle, and tandem axle,
4 and gross or group of axle axles, and gross weight violations
5 limits in section 321.463 shall be scheduled violations subject
6to the uniform citation and complaint provisions, procedures,
7and exceptions contained in sections 805.6 through 805.11,
8irrespective of the amount of the scheduled fine under that
9schedule.
10(a) Violations of the schedule of weight violations shall be
11chargeable, where the fine charged does not exceed one thousand
12dollars, only by uniform citation and complaint.
13(b) Violations of the schedule of weight violations, where
14the fine charged exceeds one thousand dollars shall, when the
15violation is admitted and section 805.9 applies, be chargeable
16upon uniform citation and complaint, indictment, or county
17attorney’s information, but otherwise shall be chargeable only
18upon indictment or county attorney’s information.
19(2) In all cases of charges under the schedule of weight
20violations, the charge citation and complaint shall specify the
21amount of fine charged under the schedule. Where a defendant
22is convicted and the fine under the foregoing schedule of
23weight violations exceeds one thousand dollars, the conviction
24shall be of an indictable offense although section 805.9 is
25employed and whether the violation is charged upon uniform
26citation and complaint, indictment, or county attorney’s
27information.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31Under current law, Code sections 805.6 through 805.11
32authorize the commissioner of public safety, the director of
33transportation, and the director of the department of natural
34resources to adopt a uniform citation and complaint, and
35associated procedures, for charging traffic violations and
-1-1other violations which are designated as scheduled violations.
2Code section 321.463 limits the maximum gross weight of a
3vehicle based on the number and type of axles and the distance
4between the axles on the vehicle. A violation results in a
5scheduled fine ranging from $12 to $2,200 plus 10 cents per
6pound in excess of 20,000 pounds over the limit.
7Current law requires weight limit violations resulting in a
8fine exceeding $1,000, when the violation is admitted, to be
9chargeable upon uniform citation and complaint, indictment, or
10county attorney’s information. However, if the violation is
11not admitted, the violation is chargeable only upon indictment
12or county attorney’s information.
13This bill makes such violations of Code section 321.463
14a scheduled violation subject to the uniform citation and
15complaint provisions, procedures, and exceptions, irrespective
16of the amount of the scheduled fine.
17The bill makes conforming changes to Code section
18805.8A(12)(e), but does not change the scheduled fine amount
19for any violation.
-2-th/ns