Text: HF00516 Text: HF00518 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 325.9A COMPLIANCE REVIEW. 1 2 When a certificate is awarded to a motor carrier of 1 3 property who has applied to transport hazardous materials 1 4 requiring placarding as provided by federal hazardous 1 5 materials regulations and the carrier does not have a safety 1 6 rating issued by the United States department of 1 7 transportation, the department shall award the certificate 1 8 subject to completion of a motor carrier education program. A 1 9 compliance review shall be conducted by the department within 1 10 one hundred eighty days of the issuance of the certificate and 1 11 shall determine the carrier's compliance with sections 321.449 1 12 and 321.450. If the department determines that the carrier's 1 13 safety rating is unsatisfactory, the department shall suspend 1 14 the carrier from intrastate transportation of hazardous 1 15 materials. 1 16 Sec. 2. NEW SECTION. 325.9B MOTOR CARRIER EDUCATION 1 17 COURSE. 1 18 1. An applicant for a certificate issued pursuant to this 1 19 chapter to transport hazardous materials requiring placarding 1 20 as provided by federal hazardous materials regulations shall 1 21 be required to successfully complete a motor carrier education 1 22 course established and provided by the department before the 1 23 certificate will be issued. The education course shall 1 24 require instruction concerning, at a minimum, safety and 1 25 insurance regulations, hazardous materials regulations, and 1 26 size and weight regulations. The applicant shall designate at 1 27 least one person employed by the applicant, who has a 1 28 substantial interest in or control over the operations to be 1 29 conducted by the applicant, to complete the course. 1 30 The department may require a motor carrier of property to 1 31 complete a motor carrier education course if the carrier 1 32 receives a citation for being ten thousand or more pounds over 1 33 the legal maximum gross weight for a vehicle operated by the 1 34 motor carrier. 1 35 An applicant shall pay a fee, determined by the department 2 1 to defray the cost of the course but in no event more than two 2 2 hundred fifty dollars, into the road use tax fund as provided 2 3 in section 325.36. 2 4 2. The requirement that an applicant complete a motor 2 5 carrier education course prior to issuance of a certificate 2 6 under this chapter does not apply to the following: 2 7 a. A motor carrier of hazardous materials requiring 2 8 placarding as provided by federal hazardous materials 2 9 regulations issued a certificate prior to January 1, 1995. 2 10 b. A successor in interest to a motor carrier of hazardous 2 11 materials requiring placarding as provided by federal 2 12 hazardous materials regulations issued a certificate prior to 2 13 January 1, 1995. 2 14 Sec. 3. Section 325.12, Code 1995, is amended by adding 2 15 the following new subsection: 2 16 NEW SUBSECTION. 8. A filing fee of five hundred dollars 2 17 for motor carriers of property that transport hazardous 2 18 materials requiring placarding as provided by federal 2 19 hazardous materials regulations. 2 20 Sec. 4. Section 327.7, Code 1995, is amended by adding the 2 21 following new subsection: 2 22 NEW SUBSECTION. 5. A filing fee of five hundred dollars 2 23 for contract carriers and truck operators that transport 2 24 hazardous materials requiring placarding as provided by 2 25 federal hazardous materials regulations. The fees shall be 2 26 payable to the department and used by the department for the 2 27 administration of safety and insurance programs. 2 28 Sec. 5. Section 327.8, Code 1995, is amended to read as 2 29 follows: 2 30 327.8 ISSUANCE. 2 31 Upon the filing of the application and if the applicant 2 32 shall otherwise comply with the terms and conditions of this 2 33 chapter and sections 325.9A and 325.9B, the department shall 2 34 issue to the applicant a permit as herein defined. The actual 2 35 operation of such motor vehicle or vehicles shall not begin 3 1 without the written approval of thestatedepartment, stating 3 2 that the applicant has complied with the prescribed safety 3 3 regulations. 3 4 Sec. 6. Section 327A.3, Code 1995, is amended by adding 3 5 the following new unnumbered paragraph: 3 6 NEW UNNUMBERED PARAGRAPH. The provisions of sections 3 7 325.9A and 325.9B and section 325.12, subsection 8, concerning 3 8 payment of fees, apply to liquid transport carriers for hire 3 9 that transport hazardous materials requiring placarding as 3 10 provided by federal hazardous materials regulations. 3 11 EXPLANATION 3 12 This bill requires motor carriers of property who have 3 13 applied to transport hazardous materials requiring placarding 3 14 as provided by federal regulations to successfully complete a 3 15 motor carrier education course prior to the department issuing 3 16 a certificate or permit to allow the transportation of 3 17 hazardous materials in Iowa. The education course shall 3 18 require instruction in safety and insurance regulations, 3 19 hazardous materials regulations, and size and weight 3 20 regulations. The course must be attended by at least one 3 21 person from the carrier that has a substantial interest in the 3 22 operation of the carrier. Carriers shall pay a fee determined 3 23 by the department, but not to exceed $250, into the road use 3 24 tax fund. 3 25 The bill also requires payment of a $500 fee for carriers 3 26 that transport hazardous materials requiring placarding, when 3 27 the carrier is applying for a certificate or permit under 3 28 chapter 325, 327, or 327A. 3 29 The bill also provides that a certificate or permit issued 3 30 to any carrier under chapters 325, 327, and 327A to transport 3 31 hazardous materials requiring placarding is subject to 3 32 completion of a motor carrier education program. A compliance 3 33 review of these carriers shall be conducted by the department 3 34 to ascertain the carrier's compliance with sections 321.449 3 35 and 321.450. A carrier whose safety rating is found 4 1 unsatisfactory shall be suspended from intrastate 4 2 transportation of hazardous materials requiring placarding. 4 3 LSB 1661HV 76 4 4 ec/cf/24
Text: HF00516 Text: HF00518 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.state.ia.us.
Last update: Mon Mar 4 09:34:06 CST 1996
URL: http://www2.legis.state.ia.us/GA/76GA/Legislation/HF/00500/HF00517/950321.html
jhf