Text: HSB00197 Text: HSB00199 Text: HSB00100 - HSB00199 Text: HSB 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 or other carrier made subject to this section to 1 4 transport hazardous materials requiring placarding as provided 1 5 by federal hazardous materials regulations and the carrier 1 6 does not have a safety rating issued by the United States 1 7 department of transportation, the department shall award the 1 8 certificate subject to a compliance review by the department. 1 9 The review shall be conducted by the department within one 1 10 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. The reasonable cost of the review shall be paid by 1 16 the carrier. 1 17 Sec. 2. NEW SECTION. 325.9B MOTOR CARRIER EDUCATION 1 18 COURSE. 1 19 1. An applicant for a certificate issued pursuant to this 1 20 chapter to transport hazardous materials requiring placarding 1 21 as provided by federal hazardous materials regulations shall 1 22 be required to successfully complete a motor carrier education 1 23 course either established and approved by the department or 1 24 sponsored by a private contractor and approved by the 1 25 department before the certificate will be issued. The 1 26 education course shall require instruction concerning, at a 1 27 minimum, safety and insurance regulations, hazardous materials 1 28 regulations, and size and weight regulations administered by 1 29 the department. The applicant shall designate at least one 1 30 person employed by the applicant, who has a substantial 1 31 interest in or control over the operations to be conducted by 1 32 the applicant, to complete the course. 1 33 The department may require a motor carrier of property to 1 34 complete a motor carrier education course if the carrier 1 35 receives, during any consecutive twelve-month period, a 2 1 citation for being ten thousand or more pounds over the legal 2 2 maximum gross weight for a vehicle operated by the motor 2 3 carrier. 2 4 An applicant shall pay a fee, determined by the department 2 5 to defray the cost of the course but in no event more than two 2 6 hundred fifty dollars, into the motor carrier education fund 2 7 as established in this section. 2 8 2. The requirement that an applicant complete a motor 2 9 carrier education course prior to issuance of a certificate 2 10 under this chapter does not apply to the following: 2 11 a. A motor carrier of property issued a certificate prior 2 12 to January 1, 1995. 2 13 b. A successor in interest to a motor carrier of property 2 14 issued a certificate prior to January 1, 1995. 2 15 3. A motor carrier education fund is established in the 2 16 office of the treasurer of state under the control of the 2 17 department. The moneys credited to the fund are appropriated 2 18 to the department to be used to establish motor carrier 2 19 education courses and to reimburse sponsors of motor carrier 2 20 education courses for the costs of providing motor carrier 2 21 education courses approved and established by the department. 2 22 The department shall adopt rules pursuant to chapter 17A 2 23 providing for the distribution of moneys to sponsors of motor 2 24 carrier education courses based upon the costs of providing 2 25 the education courses. 2 26 Sec. 3. Section 325.12, Code 1995, is amended by adding 2 27 the following new subsection: 2 28 NEW SUBSECTION. 8. A filing fee of fifty dollars for 2 29 motor carriers of property that transport only nonhazardous 2 30 materials and a filing fee of five hundred dollars for motor 2 31 carriers of property that transport hazardous materials 2 32 requiring placarding as provided by federal hazardous 2 33 materials regulations. The fees shall be used by the 2 34 department for the administration of safety and insurance 2 35 programs. 3 1 Sec. 4. Section 325.36, Code 1995, is amended to read as 3 2 follows: 3 3 325.36 USE OF FEES. 3 4 All moneys received under the provisions of this chapter 3 5 shall be remitted to the treasurer of state and credited to 3 6 the road use tax fund except as otherwise provided in section 3 7 325.12. 3 8 Sec. 5. Section 327.7, Code 1995, is amended by adding the 3 9 following new subsection: 3 10 NEW SUBSECTION. 5. A filing fee of fifty dollars for 3 11 contract carriers and truck operators that transport only 3 12 nonhazardous materials and a filing fee of five hundred 3 13 dollars for contract carriers and truck operators that 3 14 transport hazardous materials requiring placarding as provided 3 15 by federal hazardous materials regulations. The fees shall be 3 16 payable to the department and used by the department for the 3 17 administration of safety and insurance programs. 3 18 Sec. 6. Section 327.8, Code 1995, is amended to read as 3 19 follows: 3 20 327.8 ISSUANCE. 3 21 Upon the filing of the application and if the applicant 3 22 shall otherwise comply with the terms and conditions of this 3 23 chapter and sections 325.9A and 325.9B, the department shall 3 24 issue to the applicant a permit as herein defined. The actual 3 25 operation of such motor vehicle or vehicles shall not begin 3 26 without the written approval of thestatedepartment, stating 3 27 that the applicant has complied with the prescribed safety 3 28 regulations. 3 29 Sec. 7. Section 327.13, Code 1995, is amended to read as 3 30 follows: 3 31 327.13 EXPENDITURE OF FUNDS. 3 32 All moneys received under the provisions of this chapter 3 33 shall be remitted monthly to the treasurer of state and 3 34 credited to the road use tax fund except as otherwise provided 3 35 in section 327.7. 4 1 Sec. 8. Section 327A.3, Code 1995, is amended by adding 4 2 the following new unnumbered paragraph: 4 3 NEW UNNUMBERED PARAGRAPH. The provisions of sections 4 4 325.9A and 325.9B and section 325.12, subsection 8, concerning 4 5 payment of fees, apply to liquid transport carriers. 4 6 EXPLANATION 4 7 This bill requires motor carriers of property, contract 4 8 carriers and truck operators, and liquid transport carriers 4 9 that transport hazardous materials requiring placarding as 4 10 provided by federal regulations to successfully complete a 4 11 motor carrier education course prior to the department issuing 4 12 a certificate or permit to allow the transportation of 4 13 hazardous materials in Iowa. The education course shall 4 14 require instruction in safety and insurance regulations, 4 15 hazardous materials regulations, and size and weight 4 16 regulations. The course must be attended by at least one 4 17 person from the carrier that has a substantial interest in the 4 18 operation of the carrier. Carriers shall pay a fee of not to 4 19 exceed $250 to the department which shall go towards the cost 4 20 of providing the course. 4 21 The bill also requires payment of an additional $50 fee for 4 22 carriers that do not transport hazardous materials, and a $500 4 23 fee for carriers that transport hazardous materials requiring 4 24 placarding, when the carrier is applying for a certificate or 4 25 permit under chapter 325, 327, or 327A. The fees shall be 4 26 paid to the department to cover the cost of administering 4 27 safety and insurance programs. 4 28 The bill also provides that a certificate or permit issued 4 29 to any carrier under chapters 325, 327, and 327A to transport 4 30 hazardous materials requiring placarding is subject to a 4 31 compliance review by the department. The review shall be paid 4 32 by the carrier and shall ascertain the carrier's compliance 4 33 with sections 321.449 and 321.450. A carrier whose safety 4 34 rating is found unsatisfactory shall be suspended from 4 35 intrastate transportation of hazardous materials requiring 5 1 placarding. 5 2 LSB 1661HC 76 5 3 ec/cf/24
Text: HSB00197 Text: HSB00199 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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