Text: HF00508 Text: HF00510 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.1, subsection 11, paragraph d, 1 2 subparagraph (1), Code 1995, is amended to read as follows: 1 3 (1) The combination of vehicles has a gross combination 1 4 weight rating of twenty-six thousand one or more pounds 1 5 provided the towed vehiclehas a gross vehicleor vehicles 1 6 have a gross weight rating or gross combination weight rating 1 7 of ten thousand one or more pounds. 1 8 Sec. 2. Section 321.13, Code 1995, is amended to read as 1 9 follows: 1 10 321.13 AUTHORITY TO GRANT OR REFUSE APPLICATIONS. 1 11 The department shall examine and determine the genuineness, 1 12 regularity, and legality of every applicationlawfullymade to 1 13 the department, and mayin all cases make investigation as may1 14be deemed necessaryinvestigate or require additional 1 15 information, and shall. The department may reject anysuch1 16 application if not satisfied of the genuineness, regularity, 1 17 or legalitythereofof the application or the truth of any 1 18 statementcontained thereinmade within the application, or 1 19 for any other reason, when authorized by law. The department 1 20 may retain possession of any record or document until the 1 21 investigation of the application is completed if it appears 1 22 that the record or document is fictitious or unlawfully or 1 23 erroneously issued and shall not return the record or document 1 24 if it is determined to be fictitious or unlawfully or 1 25 erroneously issued. 1 26 Sec. 3. Section 321.19, subsection 1, unnumbered paragraph 1 27 2, Code 1995, is amended to read as follows: 1 28 The department shall furnish, on application, free of 1 29 charge, distinguishing plates for vehicles thus exempted, 1 30 which plates except plates on Iowa highway safety patrol 1 31 vehicles shall bear the word "official" and the department 1 32 shall keep a separate record. Registration plates issued for 1 33 Iowa highway safety patrol vehicles, except unmarked patrol 1 34 vehicles, shall bear two red stars on a yellow background, one 1 35 before and one following the registration number on the plate, 2 1 which registration number shall be the officer's badge number. 2 2 Registration plates issued for a county sheriff's patrol 2 3 vehicles shall display one seven-pointed gold staron a green2 4backgroundfollowed by the letter "S" and the call number of 2 5 the vehicle. However, the director of general services or the 2 6 director of transportation may order the issuance of regular 2 7 registration plates for any exempted vehicle used by peace 2 8 officers in the enforcement of the law, persons enforcing 2 9 chapter 124 and other laws relating to controlled substances, 2 10 persons in the department of justice who are regularly 2 11 assigned to conduct investigations which cannot reasonably be 2 12 conducted with a vehicle displaying "official" state 2 13 registration plates, and persons in the lottery division of 2 14 the department of revenue and finance whose regularly assigned 2 15 duties relating to security or the carrying of lottery tickets 2 16 cannot reasonably be conducted with a vehicle displaying 2 17 "official" registration plates. For purposes of sale of 2 18 exempted vehicles, the exempted governmental body, upon the 2 19 sale of the exempted vehicle, may issue for in-transit 2 20 purposes a pasteboard card bearing the words "Vehicle in 2 21 Transit", the name of the official body from which the vehicle 2 22 was purchased, together with the date of the purchase plainly 2 23 marked in at least one-inch letters, and other information 2 24 required by the department. The in-transit card is valid for 2 25 use only within forty-eight hours after the purchase date as 2 26 indicated on the bill of sale which shall be carried by the 2 27 driver. 2 28 Sec. 4. NEW SECTION. 321.20A CERTIFICATE OF TITLE &endash; 2 29 COMMERCIAL MOTOR VEHICLES. 2 30 1. Notwithstanding other provisions of this chapter, the 2 31 owner of a commercial motor vehicle with a gross vehicle 2 32 weight rating of twenty-six thousand one pounds or more, 2 33 subject to the proportional registration provisions of chapter 2 34 326, may make application to the department for a certificate 2 35 of title. The application for certificate of title shall be 3 1 made within fifteen days of purchase or transfer and 3 2 accompanied by a ten dollar title fee and appropriate use tax. 3 3 2. A commercial motor vehicle issued a certificate of 3 4 title under this section shall not be subject to registration 3 5 fees until the commercial motor vehicle is driven upon the 3 6 highways. The registration fee due shall be prorated for the 3 7 remaining unexpired months of the registration year. 3 8 Ownership of a commercial motor vehicle issued a certificate 3 9 of title under this section shall not be transferred until 3 10 registration fees have been paid to the department. 3 11 3. The certificate of title provision for commercial motor 3 12 vehicles with a gross vehicle weight rating of twenty-six 3 13 thousand one pounds or more shall apply to owners with fleets 3 14 of more than fifty commercial motor vehicles based in Iowa 3 15 under the proportional registration provisions of chapter 326. 3 16 The original certificate of title shall be delivered to the 3 17 owner if no security interest or encumbrance appear on the 3 18 certificate, otherwise the certificate of title shall be 3 19 delivered by the department to the person holding the first 3 20 security interest or encumbrance as shown on the certificate 3 21 of title. 3 22 Sec. 5. Section 321.34, subsection 2, Code 1995, is 3 23 amended to read as follows: 3 24 2. VALIDATION STICKERS. In lieu of issuing new 3 25 registration plates each registration year for a vehicle 3 26 renewing registration, the department may reassign the 3 27 registration plates previously issued to the vehicle and may 3 28 adopt and prescribe an annual validationstickerssticker 3 29 indicating payment of registration fees. The department shall 3 30 issuetwoone validationstickerssticker for each set of 3 31 registration plates.OneThe sticker shall specify the month 3 32 and year of expiration of the registrationperiodplates.The3 33second sticker shall specify the month of expiration of the3 34registration period and need not be reissued annually. The3 35month of registration shall not be required on registration4 1plates or validation stickers issued for vehicles registered4 2under chapter 326.Thestickerssticker shall be displayed 4 3 only on the rear registration plate, except that thestickers4 4 sticker shall be displayed on the front registration plate of 4 5 a truck-tractor. 4 6 The state department of transportation shallpromulgate4 7 adopt rules to provide for the placement of the motor vehicle 4 8 registration validationstickers on all registration plates4 9issued for the motor vehicle when such validation stickers are4 10issued in lieu of issuing new registration plates under the4 11provisions of this sectionsticker. 4 12 Sec. 6. Section 321.34, subsection 4, Code 1995, is 4 13 amended to read as follows: 4 14 4. MULTIYEAR PLATES. In lieu of issuing annual 4 15 registration plates for trailers and semitrailers, the 4 16 department may issue a multiyear registrationplatesplate for 4 17 a three-year period or asix-year periodpermanent 4 18 registration plate for trailers and semitrailers licensed 4 19 under chapter 326 upon payment of the appropriate registration 4 20 fee. Payment of fees to the department for a permanent 4 21 registration plate shall be made at five-year intervals. Fees 4 22 from three-year andsix-yearfive-year payments shall not be 4 23 reduced or prorated. 4 24 Sec. 7. Section 321.34, subsection 7, Code 1995, is 4 25 amended to read as follows: 4 26 7. HANDICAPPED PLATES. The owner of a motor vehicle 4 27 subject to registration pursuant to section 321.109, 4 28 subsection 1, light delivery truck, panel delivery truck, or 4 29 pickup, who is a handicapped person, or who is the parent or 4 30 guardian of a child who resides with the parent or guardian 4 31 owner and who is a handicapped person, as defined in section 4 32 321L.1, may, upon written application to the department, order 4 33 handicapped registration plates designed by the department 4 34 bearing the international symbol of accessibility. The 4 35 handicapped registration plates shall only be issued if the 5 1 application is accompanied with a statement from a physician 5 2 licensed under chapter 148, 149, 150, or 150A, or a 5 3 chiropractor licensed under chapter 151, written on the 5 4 physician's or chiropractor's stationery, stating the nature 5 5 of the applicant's or the applicant's child's handicap and 5 6 such additional information as required by rules adopted by 5 7 the department, including proof of residency of a child who is 5 8 a handicapped person. If the application is approved by the 5 9 department the handicapped registration plates shall be issued 5 10 to the applicant in exchange for the previous registration 5 11 plates issued to the person.The fee for the handicapped5 12plates is five dollars which is in addition to the regular5 13annual registration fee.The department shall validate the 5 14 handicapped plates in the same manner as regular registration 5 15 plates are validated under this section at the regular annual 5 16 registration fee. However, the handicapped plates shall not 5 17 be renewed without the applicant furnishing evidence to the 5 18 department that the owner of the motor vehicle or the owner's 5 19 child is still a handicapped person as defined in section 5 20 321L.1, unless the applicant has previously provided 5 21 satisfactory evidence to the department that the owner of the 5 22 vehicle or the owner's child is permanently handicapped in 5 23 which case the furnishing of additional evidence shall not be 5 24 required for renewal. However, an owner who has a child who 5 25 is a handicapped person shall provide satisfactory evidence to 5 26 the department that the handicapped child continues to reside 5 27 with the owner. The handicapped registration plates shall be 5 28 surrendered in exchange for regular registration plates when 5 29 the owner of the motor vehicle or the owner's child no longer 5 30 qualifies as a handicapped person as defined in section 321L.1 5 31 or when the owner's child who is a handicapped person no 5 32 longer resides with the owner. 5 33 Sec. 8. Section 321.47, unnumbered paragraph 1, Code 1995, 5 34 is amended to read as follows: 5 35In the event of the transfer ofIf ownership of a vehicle 6 1 is transferred by operation of lawasupon inheritance, devise 6 2 or bequest, dissolution decree, order in bankruptcy, 6 3 insolvency, replevin, foreclosure or execution sale, abandoned 6 4 vehicle sale, or when the engine of a motor vehicle is 6 5 replaced by another engine, or a vehicle is sold or 6 6 transferred to satisfy an artisan's lien as provided in 6 7 chapter 577, a landlord's lien as provided in chapter 570, a 6 8 storage lien as provided in chapter 579, a judgment in an 6 9 action for abandonment of a mobile home as provided in chapter 6 10 555B, or repossession is had upon default in performance of 6 11 the terms of a security agreement, the county treasurer in the 6 12 transferee's county of residence, upon the surrender of the 6 13 prior certificate of title or the manufacturer's or importer's 6 14 certificate, or when that is not possible, upon presentation 6 15 of satisfactory proof to the county treasurer of ownership and 6 16 right of possession to the vehicle and upon payment of a fee 6 17 of ten dollars and the presentation of an application for 6 18 registration and certificate of title, may issue to the 6 19 applicant a registration card for the vehicle and a 6 20 certificate of title toitthe vehicle. A person entitled to 6 21 ownership of a vehicle under a decree of dissolution shall 6 22 surrender a certified copy of the dissolution and upon 6 23 fulfilling the other requirements of this chapter is entitled 6 24 to a certificate of title and registration receipt issued in 6 25 the person's name. 6 26 PARAGRAPH DIVIDED. The persons entitled under the laws of 6 27 descent and distribution of an intestate's property to the 6 28 possession and ownership of a vehicle owned in whole or in 6 29 part by a decedent, upon filing an affidavit stating the name 6 30 and date of death of the decedent, the right to possession and 6 31 ownership of the persons filing the affidavit, and that there 6 32 has been no administration of the decedent's estate, which 6 33 instrument shall also contain an agreement to indemnify 6 34 creditors of the decedent who would be entitled to levy 6 35 execution upon the motor vehicle to the extent of the value of 7 1 the motor vehicle, are entitled upon fulfilling the other 7 2 requirements of this chapter, to the issuance of a 7 3 registration card for the interest of the decedent in the 7 4 vehicle and a certificate of title to it. If a decedent dies 7 5 testate, and either the will is not probated or is admitted to 7 6 probate without administration, the persons entitled to the 7 7 possession and ownership of a vehicle owned in whole or in 7 8 part by the decedent may file an affidavit, and upon 7 9 fulfilling the other requirements of this chapter, are 7 10 entitled to the issuance of a registration card for the 7 11 interest of the decedent in the vehicle and a certificate of 7 12 title to the vehicle. The affidavit shall contain the same 7 13 information and indemnity agreement as is required in cases of 7 14 intestacy pursuant to this section. No requirement of chapter 7 15 450 or 451 shall be considered satisfied by the filing of the 7 16 affidavit provided for in this section. If, from the records 7 17 in the office of the county treasurer, there appear to be any 7 18 liens on the vehicle, the certificate of title shall contain a 7 19 statement of the liens unless the application is accompanied 7 20 by proper evidence of their satisfaction or extinction. 7 21 Evidence of extinction may consist of, but is not limited to, 7 22 an affidavit of the applicant stating that a security interest 7 23 was foreclosed as provided inUniform Commercial Code,chapter 7 24 554, article 9, part 5. 7 25 Sec. 9. Section 321.52A, Code 1995, is amended to read as 7 26 follows: 7 27 321.52A CERTIFICATE OF TITLE SURCHARGE. 7 28 In addition to the fee required for the issuance of a 7 29 certificate of title under section 321.20, 321.20A, 321.23, 7 30 321.42, 321.46, 321.47, 321.48, 321.50, or 321.52, a surcharge 7 31 of five dollars shall be required. Of each surcharge 7 32 collected under those sections, the county treasurer shall 7 33 remit five dollars to the office of treasurer of state for 7 34 deposit in the general fund of the state. 7 35 Sec. 10. Section 321.89, subsection 4, unnumbered 8 1 paragraph 1, Code 1995, is amended to read as follows: 8 2 If an abandoned vehicle has not been reclaimed as provided 8 3 for in subsection 3, the police authority shall make a 8 4 determination as to whether or not the vehicle shall be sold 8 5 for use upon the highways. If the vehicle is not sold for use 8 6 upon the highways, it shall be sold for junk, or demolished 8 7 and sold as scrap. The police authority shall sell the 8 8 vehicle at public auction. Notwithstanding any other 8 9 provision of this section, any police authority, which has 8 10 taken into possession any abandoned vehicle which lacks an 8 11 engine or two or more wheels or another part which renders the 8 12 vehicle totally inoperable may dispose of the vehicle to a 8 13 demolisher for junk after complying with the notification 8 14 procedures enumerated in subsection 3 and without public 8 15 auction. The purchaser of the vehicle takes title free and 8 16 clear of all liens and claims of ownership, shall receive a 8 17 sales receipt from the police authority, and is entitled to 8 18 register the vehicle and receive a certificate of title if 8 19 sold for use upon the highways.However, ifIf the vehicle is 8 20 sold or disposed of to a demolisher for junk, thesales8 21receipt by itself is sufficient title only for purposes of8 22transferring the vehicle to the demolisher for demolition,8 23wrecking, or dismantling and, when so transferred, no further8 24titling of the vehicle is permitteddemolisher shall make 8 25 application for a junking certificate to the county treasurer 8 26 within fifteen days of purchase and shall surrender the sales 8 27 receipt in lieu of the certificate of title. 8 28 PARAGRAPH DIVIDED. From the proceeds of the sale of an 8 29 abandoned vehicle the police authority shall reimburse itself 8 30 for the expenses of the auction, the costs of towing, 8 31 preserving, and storing which resulted from placing the 8 32 abandoned vehicle in custody, all notice and publication costs 8 33 incurred pursuant to subsection 3, the cost of inspection, and 8 34 any other costs incurred except costs of bookkeeping and other 8 35 administrative costs. Any remainder from the proceeds of a 9 1 sale shall be held for the owner of the vehicle or entitled 9 2 lienholder for ninety days, and shall then be deposited in the 9 3 road use tax fund. The costs to police authorities of 9 4 auction, towing, preserving, storage, and all notice and 9 5 publication costs, and all other costs which result from 9 6 placing abandoned vehicles in custody, whenever the proceeds 9 7 from a sale of the abandoned vehicles are insufficient to meet 9 8 these expenses and costs, shall be paid from the road use tax 9 9 fund. 9 10 Sec. 11. Section 321.90, subsection 2, paragraphs d, e, 9 11 and f, Code 1995, are amended to read as follows: 9 12 d. If the abandoned motor vehicle is not reclaimed in 9 13 accordance with section 321.89, subsection 3, or no lienholder 9 14 objects to the disposal in the case of an owner-applicant, the 9 15 police authority shall give the applicant a certificate of 9 16 authorityto dispose ofallowing the applicant to obtain a 9 17 junking certificate for the motor vehicleto any demolisher9 18for demolition, wrecking, or dismantling. Thedemolisher9 19 applicant shall make application for a junking certificate to 9 20 the county treasurer within fifteen days of purchase and 9 21 surrender the certificate of authority in lieu of the 9 22 certificate of title. The demolisher shall acceptsuchthe 9 23 junking certificate in lieu of the certificate of title to the 9 24 motor vehicle. 9 25 e. Notwithstanding any other provisions of this section 9 26 and sections 321.89 and 321.91, any person, firm, corporation, 9 27 or unit of government upon whose property or in whose 9 28 possession is found any abandoned motor vehicle, or any person 9 29 being the owner of a motor vehicle whose title certificate is 9 30 faulty, lost, or destroyed, may dispose of such motor vehicle 9 31 to a demolisher for junk without a title and without the 9 32 notification procedures of section 321.89, subsection 3, if 9 33 the motor vehicle lacks an engine or two or more wheels or 9 34 other structural part which renders the vehicle totally 9 35 inoperable. The police authority shall give the applicant a 10 1 certificate of authority. The owner shall apply to the county 10 2 treasurer for a junking certificate within fifteen days of 10 3 purchase and shall surrender the certificate of authority in 10 4 lieu of the certificate of title. 10 5 f. The owner of an abandoned motor vehicle and all 10 6 lienholders shall no longer have any right, title, claim, or 10 7 interest in or tosuchthe motor vehicle; and no court in any 10 8 case in law or equity shall recognize any right, title, claim, 10 9 or interest of anysuchownerandor lienholders after the 10 10 disposal ofsuchthe motor vehicle to a demolisher. 10 11 Sec. 12. Section 321.90, subsection 3, Code 1995, is 10 12 amended to read as follows: 10 13 3. DUTIES OF DEMOLISHERS. 10 14 a. Any demolisher who purchases or otherwise acquires an 10 15 abandoned motor vehicle for junk under the provisions of this 10 16 section shall junk, scrap, wreck, dismantle, or demolish such 10 17 motor vehicle.However, if the vehicle is acquired under the10 18provisions of subsection 2, paragraph "e", the demolisher10 19shall apply to the police authority of the jurisdiction from10 20which the vehicle was acquired for a certificate of authority10 21to demolish the vehicle. In making the application the10 22demolisher shall describe the motor vehicle as required by10 23subsection 2, paragraph "b". The police authority shall issue10 24the certificate of authority upon complying with subsection 2,10 25paragraph "c", but shall be excused from following the10 26notification procedures as required therein. No further10 27titling of the motor vehicle shall be permitted. After the10 28motor vehicle has been demolished, processed, or changed so10 29that it physically is no longer a motor vehicle, the10 30demolisher shall surrender the auction sales receipt or10 31certificate of authority to dispose of or demolish a motor10 32vehicle to the department for cancellation. The department10 33shall issue such forms and rules governing the surrender of10 34auction sales receipts, certificates of title, and10 35certificates of authority to dispose of or demolish motor11 1vehicles, and the cancellation and surrender of the11 2registrations and certificates of title for such motor11 3vehicles as are appropriate.A demolisher shall not junk, 11 4 scrap, wreck, dismantle, or demolish a vehicle until the 11 5 demolisher has obtained the junking certificate issued for the 11 6 vehicle. 11 7 b. A demolisher shall keep an accurate and complete record 11 8 of all motor vehicles purchased or received by the demolisher 11 9 in the course of the demolisher's business. These records 11 10 shall contain the name and address of the person from whom 11 11 eachsuchmotor vehicle was purchased or received and the date 11 12 whensuchthe purchases or receipts occurred.SuchThe 11 13 records shall be open for inspection by any police authority 11 14 at any time during normal business hours. Any record required 11 15 by this section shall be kept by the demolisher for at least 11 16 one year after the transaction to which it applies. 11 17 Sec. 13. Section 321.105, unnumbered paragraph 4, Code 11 18 1995, is amended to read as follows: 11 19 In addition to the payment of an annual registration fee 11 20 for each trailer and semitrailer to be issued anIowaannual 11 21 registration plate, an additional registration fee may be paid 11 22 for a period of two orfivefour subsequent registration 11 23 years. 11 24 Sec. 14. Section 321.122, subsection 2, Code 1995, is 11 25 amended to read as follows: 11 26 2. a. For semitrailers the annual registration fee is ten 11 27 dollars which shall not be reduced or prorated under chapter 11 28 326.However, if the registration fee is paid for a six-year11 29period, the total fee is fifty dollars which shall not be11 30reduced or prorated under chapter 326.11 31 b. For trailers and semitrailers licensed under chapter 11 32 326, the annual registration fee for the permanent 11 33 registration plate shall be ten dollars which shall not be 11 34 reduced or prorated under chapter 326. The registration fees 11 35 for a permanent registration plate shall be remitted to the 12 1 department at five-year intervals. 12 2 Sec. 15. Section 321.123, subsection 1, unnumbered para- 12 3 graph 1, Code 1995, is amended to read as follows: 12 4 Travel trailers and fifth-wheel travel trailers, except 12 5 those in manufacturer's or dealer's stock, an annual fee of 12 6 twenty cents per square foot of floor space computed on the 12 7 exterior overall measurements, but excluding three feet 12 8 occupied by any trailer hitch as provided by and certified to 12 9 by the owner, to the nearest whole dollar, which amount shall 12 10 not be prorated or refunded; except the annual fee for travel 12 11 trailers of any type, when registered in Iowa for the first 12 12 time or when removed from a manufacturer's or dealer's stock, 12 13 shall be prorated on a monthly basis.The registrant of a12 14travel trailer of any type shall be issued a "travel trailer"12 15plate.It is further provided the annual fee thus computed 12 16 shall be limited to seventy-five percent of the full fee after 12 17 the vehicle is more than six model years old. 12 18 Sec. 16. Section 321.126, subsection 6, unnumbered 12 19 paragraph 1, Code 1995, is amended to read as follows: 12 20 If a vehicle is sold or junked, the owner in whose name the 12 21 vehicle was registered may make claim to the county treasurer 12 22 or department for a refund of the sold or junked vehicle's 12 23 registration fee. Also if the owner of a vehicle receives a 12 24 vehicle registration fee credit under section 321.46, 12 25 subsection 3, and the credit allowed exceeds the amount of the 12 26 registration fee for the vehicle acquired, the owner may claim 12 27 a refund for the balance of the credit. The refund is subject 12 28 to the following limitations: 12 29 Sec. 17. Section 321.166, subsection 2, Code 1995, is 12 30 amended to read as follows: 12 31 2. Every registration plate or pair of plates shall 12 32 display a registration plate number which shall consist of 12 33 alphabetical or numerical characters or a combination thereof 12 34 and the name of this state, which may be abbreviated. Every 12 35 registration plate issued by the county treasurer and 13 1 personalized registration plates issued under section 321.34, 13 2 subsection 5, shall display the name of the county except 13 3 plates issued fortruck tractors, motorcycles, motorized13 4bicycles, travel trailers, semitrailers and trailersspecial 13 5 trucks.The year of expiration or the date of expiration13 6shall be displayed on vehicle registration plates, except13 7plates issued under section 321.19.Special truck 13 8 registration plates shall display the word "special". 13 9 Sec. 18. Section 321.166, subsection 7, Code 1995, is 13 10 amended to read as follows: 13 11 7. The year and month of expiration of registration, which 13 12 may be abbreviated, shall be displayed on vehicle registration 13 13 plates issued by the county treasurer. A distinctive emblem 13 14 or validation sticker may be prescribed by the department to 13 15 designate the year and month of expirationwhich shall be13 16attached to the embossed area on the plate located at the13 17lower corners of the registration plate. The year and month 13 18 of expiration shall not be required to be displayed on plates 13 19 issued under section 321.19. 13 20 Sec. 19. Section 321.182, subsection 2, Code 1995, is 13 21 amended to read as follows: 13 22 2. Surrender all other motor vehicle licenses and 13 23 nonoperator's identification cards. 13 24 Sec. 20. Section 321.189, subsection 7, Code 1995, is 13 25 amended to read as follows: 13 26 7. CLASS M LICENSE EDUCATION REQUIREMENTS. A person 13 27 applying for a driver's license valid for the operation of a 13 28 motorcycle shall be required to successfully complete a 13 29 motorcycle education course either approved and established by 13 30 the department of education or from a private or commercial 13 31 driver education school licensed by the department before the 13 32 class M license will be issued. A public school district 13 33 shall charge a student a fee which shall not exceed the actual 13 34 cost of instruction minus moneys received by the school 13 35 district under subsection 9. 14 1 The requirement that an applicant complete a motorcycle 14 2 education course prior to issuance of a driver's license under 14 3 this subsection does not apply to the following: 14 4 a. An operator who has been issued a class M license prior 14 5 toJuly 1, 1994May 1, 1995. 14 6 b. An operator who is renewing the operator's class M 14 7 license issued prior toJuly 1, 1994May 1, 1995. 14 8 c. An operator who has been issued a driver's license 14 9 which is valid for the operation of a motorcycle in another 14 10 state. 14 11 Sec. 21. Section 321.266, subsection 2, Code 1995, is 14 12 amended to read as follows: 14 13 2. The driver of a vehicle involved in an accident 14 14 resulting in injury to or death of any person, or total 14 15 property damage to an apparent extent of one thousand five 14 16 hundred dollars or more shall also, within seventy-two hours 14 17 after the accident, forward a written report of the accident 14 18 to the department. 14 19 Sec. 22. Section 321.372, subsection 1, unnumbered 14 20 paragraph 1, Code 1995, is amended to read as follows: 14 21 The driver of a school bus used to transport children to 14 22 and from a public or private school shall, when stopping to 14 23 receive or discharge pupils, turn on flashing warning lamps at 14 24 a distance of not less than three hundred feet nor more than 14 25 five hundred feet from the point where the pupils are to be 14 26 received or discharged from the bus if the speed limit at that 14 27 point is forty-five miles per hour or greater and shall turn 14 28 on flashing warning lamps at a distance of not less than one 14 29 hundred fifty feet from the point where the pupils are to be 14 30 received or discharged from the bus if the speed limit at that 14 31 point is less than forty-five miles per hour. At the point of 14 32 receiving or discharging pupils the driver of the bus shall 14 33 bring the bus to a stop, turn off the amber flashing warning 14 34 lamps, turn on the red flashing warning lamps, and extend the 14 35 stop arm. After receiving or discharging pupils, the bus 15 1 driver shall turn off all flashing warning lamps, retract the 15 2 stop arm and proceed on the route. Except to the extent that 15 3 reduced visibility is caused by fog, snow or other weather 15 4 conditions, a school bus shall not stop to receive or 15 5 discharge pupils unless there is at least three hundred feet 15 6 of unobstructed vision in each direction. However, the driver 15 7 of a school bus is not required to use flashing warning lamps 15 8 and the stop arm when receiving or discharging pupils at a 15 9 designated loading and unloading zone at a school attendance 15 10 center or at extracurricular or educational activity locations 15 11 where students exiting the bus do not have to cross the street 15 12 or highway. 15 13 Sec. 23. Section 321.423, subsections 3 and 4, Code 1995, 15 14 are amended to read as follows: 15 15 3. BLUE LIGHT. A blue light shall not be used on any 15 16 vehicle except for the following: 15 17 a. A vehicle owned or exclusively operated by a fire 15 18 department; or. 15 19 b. A vehicle authorized by thedirector when:chief of the 15 20 fire department if 15 21(1) Thethe vehicle is owned by a member ofathe fire 15 22 department.15 23(2) The, the request for authorization is made by the 15 24 member on forms provided by the department.15 25(3) Necessity, and necessity for authorization is 15 26 demonstrated in the request. 15 27(4) The chief of the fire department certifies that the15 28member is in good standing with the fire department and15 29recommends that the authorization be granted.15 30 4. EXPIRATION OF AUTHORITY. The authorization shall 15 31 expire at midnight on the thirty-first day of December five 15 32 years from the year in which it was issued, or when the 15 33 vehicle is no longer owned by the member, or when the member 15 34 has ceased to be an active member of the fire department or of 15 35 an ambulance, rescue, or first responder service or when the 16 1 member has used the blue or white light beyond the scope of 16 2 its authorized use. A person issued an authorization under 16 3 subsection 3, paragraph "b", shall return the authorization to 16 4 the fire chief upon expiration. 16 5 Sec. 24. Section 321.484, unnumbered paragraph 2, Code 16 6 1995, is amended to read as follows: 16 7 The owner of a vehicle shall not be held responsible for a 16 8 violation of a provision regulating the stopping, standing, or 16 9 parking of a vehicle, whether the provision is contained in 16 10 this chapter, or chapter 321L, or an ordinance or other 16 11 regulation or rule, if the owner establishes that at the time 16 12 of the violation the vehicle was in the custody of an 16 13 identified person other than the owner pursuant to a lease as 16 14 defined in chapter 321F. The furnishing to the clerk of the 16 15 district court where the charge is pending of a copy of the 16 16certificate of responsibilitylease prescribed by section 16 17 321F.6 that was in effect for the vehicle at the time of the 16 18 alleged violation shall be prima facie evidence that the 16 19 vehicle was in the custody of an identified person other than 16 20 the owner within the meaning of this paragraph, and the charge 16 21 against the owner shall be dismissed. The clerk of the 16 22 district court then shall cause a uniform citation and 16 23 complaint to be issued against the lessee of the vehicle, and 16 24 the citation shall be served upon the defendant by ordinary 16 25 mail directed to the defendant at the address shown in the 16 26 certificate of responsibility. 16 27 Sec. 25. Section 321E.11, unnumbered paragraph 1, Code 16 28 1995, is amended to read as follows: 16 29 Movements by permit in accordance with this chapter shall 16 30 be permitted only during the hours from sunrise to sunset 16 31 unless the issuing authority determines that the movement can 16 32 be better accomplished at another period of time because of 16 33 traffic volume conditions or the vehicle subject to the permit 16 34 has an overall length not to exceed one hundred feet, an 16 35 overall width not to exceed eleven feet, and an overall height 17 1 not to exceed fourteen feet, four inches, and the permit 17 2 requires the vehicle to operate only onthethose highways 17 3 designatedhighway systemby the department. Additional 17 4 safety lighting and escorts may be required for movement at 17 5 night. 17 6 Sec. 26. Section 321F.6, Code 1995, is amended by striking 17 7 the section and inserting in lieu thereof the following: 17 8 321F.6 FINANCIAL RESPONSIBILITY &endash; LEASE. 17 9 The lessee shall carry in the vehicle being leased, 17 10 evidence of financial responsibility as required by this 17 11 chapter and a copy of the lease, setting forth the name and 17 12 address of the lessee, period of the lease, and other 17 13 information as the director may require. The lease shall be 17 14 shown to any peace officer upon request. 17 15 Sec. 27. Section 321L.2, subsection 3, Code 1995, is 17 16 amended to read as follows: 17 17 3. Each handicapped identification device shall be 17 18 acquired bythe department and sold at a cost not to exceed17 19five dollars, tohandicapped persons upon application on forms 17 20 prescribed by the department. Before delivering a handicapped 17 21 identification device to a handicapped person the department 17 22 shall permanently affix to the device a unique number which 17 23 may be used by the department to identify the individual to 17 24 whom the device is issued. A temporary handicapped 17 25 identification hanging device shall have the expiration date 17 26 permanently affixed to the device. Expiration dates and 17 27 identification numbers affixed to handicapped identification 17 28 hanging devices shall be of sufficient size to be readable 17 29 from outside the vehicle. 17 30 A handicapped person who owns a motor vehicle for which the 17 31 handicapped person has been issued radio operator registration 17 32 plates under section 321.34, subsection 3, or registration 17 33 plates as a seriously disabled veteran under section 321.105 17 34 may apply to the department for a handicapped identification 17 35 sticker to be affixed to the plates. The handicapped 18 1 identification stickers shall bear the international symbol of 18 2 accessibility. The handicapped identification stickers shall 18 3 be acquired bythe department and sold at a cost not to exceed18 4five dollars, toeligible handicapped persons upon application 18 5 on forms prescribed by the department. 18 6 Sec. 28. Section 327B.1, Code 1995, is amended to read as 18 7 follows: 18 8 327B.1 AUTHORITY SECURED AND REGISTERED. 18 9 It is unlawful for a carrier to perform an interstate 18 10 transportation service for compensation upon the highways of 18 11 this state without first registering the authority obtained 18 12 from the interstate commerce commission or evidence that such 18 13 authority is not required with the state department of 18 14 transportation. 18 15 The department shall participate in the single state 18 16 insurance registration program for regulated motor carriers as 18 17 provided in 49 U.S.C. } 11506 and interstate commerce 18 18 commission regulations. 18 19 Registration for carriers transporting commodities exempt 18 20 from interstate commerce commission regulation shall be 18 21 granted without hearing upon application and payment of a 18 22 twenty-five-dollar filing fee and an annual one-dollar fee per 18 23 vehicle.Each amendment of supplemental authority shall18 24require a ten-dollar filing fee.18 25The department shall participate in the single state18 26insurance registration system for motor carriers as provided18 27in 49 U.S.C. } 11506.18 28 The state department of transportation may execute 18 29 reciprocity agreements with authorized representatives of any 18 30 state exempting nonresidents from payment of fees as set forth 18 31 in this chapter. The state department of transportation shall 18 32 adopt rules pursuant to chapter 17A for the identification of 18 33 vehicles operated under reciprocity agreements. 18 34 Fees may be subject to reduction or proration pursuant to 18 35 sections 326.5 and 326.32. 19 1 Sec. 29. Section 327B.6, unnumbered paragraph 1, Code 19 2 1995, is amended to read as follows: 19 3 Registration under section 327B.1 shall not be granted 19 4 until the exempt carrier has filed with the state department 19 5 of transportation evidence of insurance or surety bond issued 19 6 by an insurance carrier or bonding company authorized to do 19 7 business in this stateandinthea form prescribedin 4919 8C.F.R. } 387.15 for motor carriers of property and in 4919 9C.F.R. } 387.39 for motor carriers of passengersby the 19 10 department. The minimum limits of liability for each 19 11 interstate motor carrier for hire subject to federal minimum 19 12 limits of liability are those adopted under United States 19 13 Code, Title 49, and prescribed in 49 C.F.R. } 387.3 and } 19 14 387.9 for motor carriers of property and in 49 C.F.R. } 387.27 19 15 and } 387.33 for motor carriers of passengers. 19 16 Sec. 30. NEW SECTION. 327B.7 RECIPROCITY FOR EXEMPT COM- 19 17 MODITY BASE STATE REGISTRATION SYSTEM. 19 18 The department may enter into a reciprocity agreement on 19 19 behalf of this state with authorized representatives of other 19 20 states to become a member of an exempt commodity base state 19 21 registration system for the registration, insurance 19 22 verification, and fee collection for carriers hauling 19 23 commodities exempt from interstate commerce commission 19 24 authority. 19 25 Sec. 31. Section 805.3, Code 1995, is amended to read as 19 26 follows: 19 27 805.3 PROCEDURE. 19 28 Before the cited person is released, the person shall sign 19 29 the citation, either in a paper or electronic format, as a 19 30 written promise to appear in court at the time and place 19 31 specified. A copy of the citation shall be given to the 19 32 person. 19 33 Sec. 32. Section 805.5, Code 1995, is amended to read as 19 34 follows: 19 35 805.5 FAILURE TO APPEAR. 20 1 Any person who willfully fails to appear in court as 20 2 specified by the citation shall be guilty of a simple 20 3 misdemeanor. Where a defendant fails to make a required court 20 4 appearance, the court shall issue an arrest warrant for the 20 5 offense of failure to appear, and shall forward the warrant 20 6 and the original or electronically produced citation to the 20 7 clerk. The clerk shall enter a transfer to the issuing agency 20 8 on the docket, and shall return the warrant with the original 20 9 citation attached to the law enforcement agency which issued 20 10 the original or electronically produced citation for 20 11 enforcement of the warrant. Upon arrest of the defendant, the 20 12 warrant and the original or electronically produced citation 20 13 shall be returned to the court, and the offenses shall be 20 14 heard and disposed of simultaneously. 20 15 Sec. 33. Section 805.6, subsection 1, paragraph a, 20 16 unnumbered paragraph 3, Code 1995, is amended to read as 20 17 follows: 20 18 Notwithstanding other contrary requirements of this 20 19 section, a uniform citation and complaint may be originated 20 20 from a computerized device. The officer issuing the citation 20 21 through a computerized device shall obtain electronically the 20 22 signature of the person cited as provided in section 805.3 and 20 23 shall give two copies of the citation to the person cited and 20 24 shall provide a record of the citation to the court where the 20 25 person cited is to appear and to the law enforcement agency of 20 26 the officer by an electronic process which accurately 20 27 reproduces or forms a durable medium for accurately and 20 28 legibly reproducing an unaltered image or copy of the 20 29 citation. 20 30 Sec. 34. Section 321F.7, Code 1995, is repealed. 20 31 Sec. 35. EFFECTIVE DATE. Section 20 of this Act, amending 20 32 section 321.189, subsection 7, being deemed of immediate 20 33 importance, takes effect upon enactment. 20 34 EXPLANATION 20 35 Section 321.13 is amended to allow the department to retain 21 1 a record or document if it appears, or is later determined, 21 2 that the record or document is fictitious or unlawfully or 21 3 erroneously issued. 21 4 The bill creates a new section 321.20A concerning the 21 5 issuance of certificates of title to owners who own over 50 21 6 commercial motor vehicles based in Iowa. The section provides 21 7 that registration fees need not be paid on the vehicles 21 8 subject to this section until the vehicle is driven upon the 21 9 highways. The certificate of title surcharge in section 21 10 321.52A is made applicable to this new section. 21 11 Section 321.34, subsection 2, and section 321.166, subsec- 21 12 tion 7, are amended to permit the issuance of one validation 21 13 sticker containing both the month and year of expiration for 21 14 use on registration plates instead of current law which pro- 21 15 vides for issuance of two stickers, one for the month and one 21 16 for the year. 21 17 The bill amends section 321.34, subsection 4, and sections 21 18 321.105 and 321.122 to provide for the issuance of a permanent 21 19 registration plate for trailers and semitrailers licensed 21 20 under chapter 326. The bill retains the three-year multiyear 21 21 plate but replaces the five-year plate with the permanent 21 22 plate. 21 23 The bill changes section 321.34, subsection 7, and section 21 24 321L.2, subsection 3, to eliminate the additional $5 charge 21 25 for certain handicapped identification permits. 21 26 Section 321.47 allows the county treasurer to transfer 21 27 title to a motor vehicle if it has been ordered in a 21 28 dissolution decree. A person who has been granted title to a 21 29 motor vehicle must otherwise comply with other requirements 21 30 for transferring title. 21 31 Sections 321.89 and 321.90 require the acquisition of a 21 32 junking certificate for demolishing vehicles which have been 21 33 abandoned. Current law allows a demolisher to demolish, 21 34 wreck, or dismantle an abandoned vehicle purchased at an 21 35 auction without further titling of the vehicle. This bill 22 1 provides that the demolisher must apply for a junking 22 2 certificate within 15 days of purchase and can use the sales 22 3 receipt in lieu of a certificate of title. In addition, a 22 4 person who wishes to dispose of an abandoned motor vehicle, or 22 5 any person or governmental body upon whose property a motor 22 6 vehicle has been abandoned or a person who is the owner but 22 7 whose title is faulty, lost, or destroyed, may dispose of the 22 8 vehicle by obtaining a certificate of authority from the 22 9 police authority and then using the certificate in lieu of a 22 10 certificate of title in order to obtain a junking certificate. 22 11 Current law allows the person or governmental unit to transfer 22 12 the abandoned motor vehicle to a demolisher without obtaining 22 13 a junking certificate. 22 14 Section 321.126, subsection 6, is amended to allow county 22 15 treasurers to refund registration fees for vehicles sold or 22 16 junked. 22 17 Section 321.166, subsection 2, is amended to require per- 22 18 sonalized registration plates to display the county name. 22 19 Section 321.182 is amended to require an applicant for a 22 20 motor vehicle license to surrender all nonoperator's identi- 22 21 fication cards. 22 22 Section 321.189, subsection 7, exempts motorcycle operators 22 23 who obtain a permit prior to May 1, 1995, from the motorcycle 22 24 education requirement of the subsection. This portion of the 22 25 Act takes effect upon enactment. 22 26 The bill amends section 321.266 by providing that a driver 22 27 must report a motor vehicle accident if it results in damage 22 28 to property of $1,500 or more. Currently, the driver must 22 29 report the accident if the damage is $500 or more. 22 30 The amendment to section 321.372 requires that a driver of 22 31 a school bus used to transport children to and from school 22 32 must turn on flashing warning lamps at a distance of not less 22 33 than 150 feet from the point of receiving or discharging 22 34 pupils if that point is located in an area with a speed limit 22 35 of less than 45 miles per hour. Currently, the law provides 23 1 that a driver must turn on flashing warning lamps not less 23 2 than 300 feet nor more than 500 feet from the point where 23 3 pupils are to be received or discharged from the bus. The 23 4 bill provides that in areas with speed limits of 45 miles per 23 5 hour or greater, the current law applies. 23 6 Section 321.423 allows the chief of a fire department to 23 7 issue an authorization for a member of the fire department to 23 8 use a flashing blue light on the person's own vehicle rather 23 9 than requiring the director of transportation to do so. The 23 10 person must relinquish the authorization to the fire chief 23 11 when it expires or when circumstances change so that the 23 12 member no longer needs the authorization. 23 13 Amendments to sections 321.484 and 321F.6 and the repeal of 23 14 section 321F.7 eliminate the requirements for a lessor of a 23 15 motor vehicle to file a copy of a certificate evidencing 23 16 financial responsibility and a copy of the lease with the 23 17 department. Evidence of financial responsibility and the 23 18 lease must still be carried in the leased vehicle at all 23 19 times. 23 20 Amendments to section 327B.1 eliminate the filing fee for 23 21 motor carriers with interstate commerce commission authority 23 22 while retaining the filing fee for motor carriers exempt from 23 23 interstate commerce commission authority and authorize 23 24 collection of an annual $1 fee per vehicle to issue the 23 25 registration. 23 26 Amendments to section 327B.6 allow the department to accept 23 27 insurance filings for regulated motor carriers from insurance 23 28 carriers authorized to do business in any state and accepted 23 29 by the interstate commerce commission, eliminate citing 23 30 obsolete references for filing forms, and make applicable only 23 31 to exempt carriers the revocation of registration when 23 32 insurance lapses. If interstate commerce commission-regulated 23 33 motor carriers' insurance lapses, the registration receipt is 23 34 no longer valid. 23 35 New section 327B.7 provides for reciprocity with other 24 1 states for an exempt commodity base state registration system. 24 2 The amendments to chapter 805 provide that a citation 24 3 produced electronically shall provide a means for obtaining 24 4 the cited person's signature. 24 5 LSB 1195HV 76 24 6 ec/jw/5
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