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House Study Bill 513

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 321.456, Code 1995, is amended to read
  1  2 as follows:
  1  3    321.456  HEIGHT OF VEHICLES &endash; PERMITS.
  1  4    A vehicle unladen or with load shall not exceed a height of
  1  5 thirteen fourteen feet, six inches, except by permit as
  1  6 provided in this section.  This section shall not be construed
  1  7 to require any railroad or public authorities to provide
  1  8 sufficient vertical clearance to permit the operation of such
  1  9 vehicle upon the highways of this state.  Any damage to
  1 10 highways, highway or railroad structures or underpasses caused
  1 11 by the height of any vehicle provided for by this section
  1 12 shall be borne by the operator or owner of the vehicle.
  1 13 Vehicles unladen or with load exceeding a height of thirteen
  1 14 fourteen feet, six inches but not exceeding fourteen feet,
  1 15 four inches may be operated with a permit issued by the
  1 16 department or jurisdictional local authorities.  The permits
  1 17 shall be issued annually for a fee of twenty-five dollars and
  1 18 subject to rules adopted by the department.  The state or a
  1 19 political subdivision shall not be liable for damage to any
  1 20 vehicle or its cargo if changes in vertical clearance of a
  1 21 structure are made subsequent to the issuance of a permit
  1 22 during the term of the permit.
  1 23    Sec. 2.  Section 321.457, subsection 2, paragraph d, Code
  1 24 1995, is amended by striking the paragraph.
  1 25    Sec. 3.  Section 321.457, subsection 2, paragraphs g and i,
  1 26 Code 1995, are amended to read as follows:
  1 27    g.  A trailer or semitrailer, laden or unladen, shall not
  1 28 have an overall length in excess of fifty-three feet when
  1 29 operating in a truck tractor-semitrailer combination exclusive
  1 30 of retractable extensions used to support the load.  However,
  1 31 when a trailer or semitrailer is used exclusively for the
  1 32 transportation of passenger vehicles, light delivery trucks,
  1 33 panel delivery trucks, pickup trucks, recreational vehicle
  1 34 chassis, or boats, the load carried on the trailer or
  1 35 semitrailer may extend up to three feet beyond the front
  2  1 bumper and up to four feet beyond the rear bumper of the
  2  2 trailer or semitrailer.
  2  3    i.  Power units designed to carry cargo, when used in
  2  4 combination with a trailer or semitrailer shall not exceed
  2  5 sixty-five feet in overall length for the combination
  2  6 exclusive of retractable extensions used to support the load.
  2  7 However, if a combination of vehicles is used exclusively for
  2  8 the transportation of passenger vehicles, light delivery
  2  9 trucks, panel delivery trucks, pickup trucks, recreational
  2 10 vehicle chassis, or boats, the load may extend up to three
  2 11 feet beyond the front bumper of the power unit and up to four
  2 12 feet beyond the rear bumper of the trailer or semitrailer.
  2 13    Sec. 4.  Section 321.463, Code Supplement 1995, is amended
  2 14 to read as follows:
  2 15    321.463  MAXIMUM GROSS WEIGHT &endash; EXCEPTIONS &endash; PENALTIES.
  2 16    1.  For purposes of this section, axles which are less than
  2 17 forty inches apart center-to-center shall be considered a
  2 18 single axle.  The maximum gross weight of any vehicle shall
  2 19 not exceed eighty thousand pounds.
  2 20    2.  An axle may be divided into two or more parts, except
  2 21 that all parts in the same vertical transverse plane shall be
  2 22 considered as one axle.
  2 23    3.  The gross weight on any one axle of a vehicle, or of a
  2 24 combination of vehicles, operated on the highways of this
  2 25 state, shall not exceed twenty thousand pounds on an axle
  2 26 equipped with pneumatic tires, and shall not exceed fourteen
  2 27 thousand pounds on an axle equipped with solid rubber tires.
  2 28 The gross weight on any tandem axle of a vehicle, or any
  2 29 combination of vehicles, shall not exceed thirty-four thousand
  2 30 pounds on an axle equipped with pneumatic tires.
  2 31    Notwithstanding other provisions of this chapter to the
  2 32 contrary, indivisible loads operating under the permit
  2 33 requirements of sections 321E.7, 321E.8, and 321E.9 shall be
  2 34 allowed a maximum of twenty thousand pounds per axle.
  2 35    4.  A group of two or more consecutive axles of any vehicle
  3  1 or combination of vehicles, shall not carry a load in pounds
  3  2 in excess of the overall gross weight determined by
  3  3 application of the following formula: W equals 500 (LN/N-1 +
  3  4 12N + 36).  W equals the overall gross weight on any group of
  3  5 two or more consecutive axles to the nearest five hundred
  3  6 pounds, L equals the distance in feet, rounded to the nearest
  3  7 whole foot, between the extreme of any group of two or more
  3  8 consecutive axles, and N equals the number of axles in the
  3  9 group under consideration.  The following are exceptions to
  3 10 application of the formula:
  3 11    1.  Two However, two consecutive sets of tandem axles may
  3 12 carry a gross load of thirty-four thousand pounds each
  3 13 providing the overall distance between the first and last
  3 14 axles of the consecutive sets of tandem axles is thirty-six
  3 15 feet or more.
  3 16    2.  On highways not part of the interstate system, a
  3 17 vehicle or combination of vehicles having:
  3 18    a.  Four axles where the extreme axles are eighteen feet
  3 19 apart may carry a gross load of fifty-three thousand pounds.
  3 20    b.  Five axles where the extreme axles are thirty-two feet
  3 21 apart may carry a gross load of sixty-seven thousand five
  3 22 hundred pounds.
  3 23    c.  Six or more axles where the extreme axles are forty-one
  3 24 feet apart may carry a gross load of seventy-eight thousand
  3 25 pounds.  
  3 26 For every foot of distance between extreme axles less than the
  3 27 above axle spacings, the overall gross weight of the vehicle
  3 28 or combination of vehicles shall be determined by deducting
  3 29 one thousand pounds from the gross loads specified in
  3 30 paragraphs "a", "b" and "c".  All measurements between extreme
  3 31 axles shall be rounded to the nearest whole foot.
  3 32    The maximum gross weight shall not exceed eighty thousand
  3 33 pounds.
  3 34    5.  The weight on any one axle, including a tandem axle, of
  3 35 a vehicle which is transporting livestock on highways not part
  4  1 of the interstate system may exceed the legal maximum weight
  4  2 given in under this chapter providing that if the gross weight
  4  3 on any particular group of axles on such vehicle does not
  4  4 exceed the gross weight allowable under this chapter for such
  4  5 groups that group of axles.
  4  6    6.  In addition, the The weight on any one axle, including
  4  7 a tandem axle, of a vehicle which is transporting raw
  4  8 materials from a designated borrow site to a construction
  4  9 project or transporting raw materials from a construction
  4 10 project, may exceed the legal maximum weight otherwise allowed
  4 11 under this chapter by ten percent if the gross weight on any
  4 12 particular group of axles on the vehicle does not exceed the
  4 13 gross weight allowed under this chapter for that group of
  4 14 axles.  However, if the vehicle exceeds the ten percent
  4 15 tolerance allowed for any one axle or tandem axle under this
  4 16 paragraph the fine to be assessed for the axle or tandem axle
  4 17 shall be computed on the difference between the actual weight
  4 18 and the ten percent tolerance weight allowed for the axle or
  4 19 tandem axle under this paragraph.  This paragraph applies only
  4 20 to vehicles operating along a route of travel approved by the
  4 21 department.
  4 22    7.  A vehicle designed to tow wrecked or disabled vehicles
  4 23 shall be exempt from the weight limitations in this section
  4 24 while the vehicle is towing a wrecked or disabled vehicle.
  4 25    8.  a.  A person who operates a vehicle in violation of the
  4 26 provisions of this section, and an owner, or any other person,
  4 27 employing or otherwise directing the operator of a vehicle,
  4 28 who requires or knowingly permits the operation of a vehicle
  4 29 in violation of the provisions of this section shall be fined
  4 30 according to the following schedule:  
  4 31     AXLE, TANDEM AXLE, AND GROUP OF AXLES WEIGHT VIOLATIONS
  4 32    Pounds Overloaded                Amount of Fine   
  4 33 Up to and including              $10 plus one-half cent
  4 34    1,000 pounds                     per pound
  4 35 Over 1,000 pounds to and         $15 plus one-half cent
  5  1    including 2,000 pounds           per pound
  5  2 Over 2,000 pounds to and         $80 plus three cents
  5  3    including 3,000 pounds           per pound
  5  4 Over 3,000 pounds to and         $100 plus four cents
  5  5    including 4,000 pounds           per pound
  5  6 Over 4,000 pounds to and         $150 plus five cents
  5  7    including 5,000 pounds           per pound
  5  8 Over 5,000 pounds to and         $200 plus seven cents
  5  9    including 6,000 pounds           per pound
  5 10 Over 6,000 pounds                $200 plus ten cents
  5 11                                     per pound
  5 12    b.  Fines for gross weight violations for vehicles or
  5 13 combinations of vehicles shall be assessed at one-half of the
  5 14 fine rate schedule for axle, tandem axle, and groups of axles
  5 15 weight violations.
  5 16    c.  Except as otherwise provided, the amount of the fine to
  5 17 be assessed shall be computed on the difference between the
  5 18 actual weight and the maximum legal weight specified in this
  5 19 section by applying the appropriate rate in the preceding
  5 20 schedule for the total amount of overload.
  5 21    d.  The schedule of fines may be assessed in addition to
  5 22 any other penalties provided for in this chapter.
  5 23    e.  Overloads on axles and tandem axles and overloads on
  5 24 groups of axles or on an entire vehicle or combination of
  5 25 vehicles shall be considered as separate violations of the
  5 26 provisions of this section.
  5 27    f.  A person who issues or executes, or causes to be issued
  5 28 or executed, a bill of lading, manifest, or shipping document
  5 29 of any kind which states a false weight of the cargo set forth
  5 30 on such bill, manifest, or document, which is less than the
  5 31 actual weight of the cargo, shall, upon conviction, be guilty
  5 32 of a simple misdemeanor.
  5 33    Sec. 5.  Section 321.473, unnumbered paragraph 2, Code
  5 34 1995, is amended to read as follows:
  5 35    The department may issue annual special permits for the
  6  1 operation of compacted rubbish vehicles and vehicles which
  6  2 transport compacted rubbish from a rubbish collection point to
  6  3 a landfill area, exceeding the weight limitation of section
  6  4 321.463, but not exceeding a rear axle gross weight for two-
  6  5 axle vehicles of twenty-two thousand pounds for the period
  6  6 commencing July 1, 1978 and ending June 30, 1986 and twenty
  6  7 thousand pounds commencing July 1, 1986 and thereafter, and
  6  8 for tandem axle vehicles or transferable auxiliary axle
  6  9 vehicles not exceeding a gross weight on the rear axles of
  6 10 thirty-six thousand pounds.  Annual special permits for the
  6 11 operation on secondary roads shall be approved by the county
  6 12 engineer.  Annual special permits for a particular vehicle
  6 13 shall not be issued by the department unless prior approval is
  6 14 given by the county engineer of the county in which the
  6 15 vehicle will be operated.  Annual special permits for
  6 16 operation on primary roads shall be approved by the state
  6 17 department of transportation.  Compacted rubbish vehicles and
  6 18 vehicles which transport compacted rubbish from a rubbish
  6 19 collection point to a landfill area operated pursuant to an
  6 20 annual special permit shall be operated only over routes
  6 21 designated by the local authority.  Annual special permits for
  6 22 a particular vehicle shall not be issued by the department
  6 23 unless approved by the local authority responsible for the
  6 24 roads over which the vehicle will be operated.  Annual special
  6 25 permits approved by the issuing authority shall be issued upon
  6 26 payment of an annual fee, in addition to other registration
  6 27 fees imposed, of one hundred dollars to be paid to the
  6 28 department for all nongovernmental vehicles.
  6 29    Sec. 6.  Section 321E.7, subsection 3, Code 1995, is
  6 30 amended by striking the subsection.
  6 31    Sec. 7.  Section 321E.8, subsection 1, Code 1995, is
  6 32 amended to read as follows:
  6 33    1.  Vehicles with indivisible loads having an overall width
  6 34 not to exceed twelve feet five inches or mobile homes
  6 35 including appurtenances not to exceed twelve feet five inches
  7  1 and an overall length not to exceed seventy-five feet zero
  7  2 inches may be moved for unlimited distances.  The vehicle and
  7  3 load shall not exceed the height of thirteen feet ten inches
  7  4 as prescribed in section 321.456 and the total gross weight as
  7  5 prescribed in section 321.463.
  7  6    Sec. 8.  Section 805.8, subsection 2, paragraph m, Code
  7  7 Supplement 1995, is amended to read as follows:
  7  8    m.  For height, weight, length, width and load violations
  7  9 and towed vehicle violations under sections 321.309, 321.310,
  7 10 321.381, 321.394, 321.437, 321.454, 321.455, 321.456, 321.457,
  7 11 321.458, 321.461, and 321.462, the scheduled fine is twenty-
  7 12 five dollars.  For weight violations under sections 321.459
  7 13 and section 321.466, the scheduled fine is twenty dollars for
  7 14 each two thousand pounds or fraction thereof of overweight.
  7 15    Sec. 9.  Section 321.459, Code 1995, is repealed.  
  7 16                           EXPLANATION
  7 17    This bill repeals a provision that required different
  7 18 vehicle axle weights for operation on highways that are not
  7 19 part of the interstate system than is required for the
  7 20 operation on highways that are part of the interstate system.
  7 21 The bill increases the height limitations for a vehicle from
  7 22 13 feet, six inches, to 14 feet and allows for operation of
  7 23 vehicles exceeding the height limitation of 14 feet but not
  7 24 greater than 14 feet, four inches, with a permit.
  7 25    This bill changes the legal length limit for trailers,
  7 26 semitrailers, and power units designed to carry cargo when
  7 27 used in combination with a trailer or semitrailer.  Current
  7 28 law limits trailers and semitrailers to 53 feet and power
  7 29 units to 65 feet in overall length.  This bill provides that
  7 30 this measurement excludes retractable extensions used to
  7 31 support the load.  The bill provides that the load may extend
  7 32 up to three feet beyond the front bumper and up to four feet
  7 33 beyond the rear bumper of the trailer, semitrailer, or power
  7 34 unit if the vehicles carrying the load are used exclusively
  7 35 for the transportation of passenger vehicles, light delivery
  8  1 trucks, panel delivery trucks, pickup trucks, recreational
  8  2 vehicle chassis, or boats.
  8  3    The bill also makes several technical changes including
  8  4 repealing section 321.459 and moving it to section 321.463.  
  8  5 LSB 3426HC 76
  8  6 js/jw/5
     

Text: HSB00512                          Text: HSB00514
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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