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Text: HSB00634                          Text: HSB00636
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House Study Bill 635

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 321.1, subsection 75, Code Supplement
  1  2 1995, is amended by adding the following new unnumbered
  1  3 paragraph:
  1  4    NEW UNNUMBERED PARAGRAPH.  "Special mobile equipment"
  1  5 includes mobile cranes.  A mobile crane includes, but is not
  1  6 limited to, a self-propelled crane, truck crane, all-terrain
  1  7 crane, or rough-terrain crane.
  1  8    Sec. 2.  Section 321.20A, Code Supplement 1995, is amended
  1  9 to read as follows:
  1 10    321.20A  CERTIFICATE OF TITLE – COMMERCIAL MOTOR VEHICLES.
  1 11    1.  Notwithstanding other provisions of this chapter, the
  1 12 owner of a commercial motor vehicle with a gross vehicle
  1 13 weight rating of twenty-six thousand one pounds or more,
  1 14 subject to the proportional registration provisions of chapter
  1 15 326, may make application to the department for a certificate
  1 16 of title.  The application for certificate of title shall be
  1 17 made within fifteen days of purchase or transfer and
  1 18 accompanied by a ten dollar title fee and appropriate use tax.
  1 19    2.  A commercial motor vehicle issued a certificate of
  1 20 title under this section shall not be subject to registration
  1 21 fees until the commercial motor vehicle is driven or moved
  1 22 upon the highways.  The registration fee due shall be prorated
  1 23 for the remaining unexpired months of the registration year.
  1 24 Ownership of a commercial motor vehicle issued a certificate
  1 25 of title under this section shall not be transferred until
  1 26 registration fees have been paid to the department.
  1 27    3.  The certificate of title provision for commercial motor
  1 28 vehicles with a gross vehicle weight rating of twenty-six
  1 29 thousand one pounds or more shall apply to owners with fleets
  1 30 of more than fifty commercial motor vehicles based in Iowa
  1 31 under the proportional registration provisions of chapter 326.
  1 32 The original certificate of title shall be delivered to the
  1 33 owner if no security interest or encumbrance appears on the
  1 34 certificate, otherwise the certificate of title shall be
  1 35 delivered by the department to the person holding the first
  2  1 security interest or encumbrance as shown on the certificate
  2  2 of title.
  2  3    Sec. 3.  Section 321.456, Code 1995, is amended to read as
  2  4 follows:
  2  5    321.456  HEIGHT OF VEHICLES – PERMITS.
  2  6    A vehicle unladen or with load shall not exceed a height of
  2  7 thirteen fourteen feet, six inches, except by permit as
  2  8 provided in this section 321E.9.  This section shall not be
  2  9 construed to require any railroad or public authorities to
  2 10 provide sufficient vertical clearance to permit the operation
  2 11 of such vehicle upon the highways of this state.  Any damage
  2 12 to highways, highway or railroad structures or underpasses
  2 13 caused by the height of any vehicle provided for by this
  2 14 section shall be borne by the operator or owner of the
  2 15 vehicle.  Vehicles unladen or with load exceeding a height of
  2 16 thirteen fourteen feet, six inches but not exceeding fourteen
  2 17 feet may be operated with a permit issued by the department or
  2 18 jurisdictional local authorities in accordance with section
  2 19 321E.9.  The permits shall be issued annually for a fee of
  2 20 twenty-five dollars and subject to rules adopted by the
  2 21 department.  The state or a political subdivision shall not be
  2 22 liable for damage to any vehicle or its cargo if changes in
  2 23 vertical clearance of a structure are made subsequent to the
  2 24 issuance of a permit during the term of the permit.
  2 25    Sec. 4.  Section 321.457, subsection 2, paragraph d, Code
  2 26 1995, is amended by striking the paragraph.
  2 27    Sec. 5.  Section 321.457, subsection 2, paragraphs g and i,
  2 28 Code 1995, are amended to read as follows:
  2 29    g.  A trailer or semitrailer, laden or unladen, shall not
  2 30 have an overall length in excess of fifty-three feet when
  2 31 operating in a truck tractor-semitrailer combination exclusive
  2 32 of retractable extensions used to support the load.  However,
  2 33 when a trailer or semitrailer is used exclusively for the
  2 34 transportation of passenger vehicles, light delivery trucks,
  2 35 panel delivery trucks, pickup trucks, recreational vehicle
  3  1 chassis, or boats, the load carried on the trailer or
  3  2 semitrailer may extend up to three feet beyond the front
  3  3 bumper and up to four feet beyond the rear bumper of the
  3  4 trailer or semitrailer.
  3  5    i.  Power units designed to carry cargo, when used in
  3  6 combination with a trailer or semitrailer shall not exceed
  3  7 sixty-five feet in overall length for the combination
  3  8 exclusive of retractable extensions used to support the load.
  3  9 However, if a combination of vehicles is used exclusively for
  3 10 the transportation of passenger vehicles, light delivery
  3 11 trucks, panel delivery trucks, pickup trucks, recreational
  3 12 vehicle chassis, or boats, the load may extend up to three
  3 13 feet beyond the front bumper of the power unit and up to four
  3 14 feet beyond the rear bumper of the trailer or semitrailer.
  3 15    Sec. 6.  Section 321.463, Code Supplement 1995, is amended
  3 16 to read as follows:
  3 17    321.463  MAXIMUM GROSS WEIGHT – EXCEPTIONS – PENALTIES.
  3 18    1.  For purposes of this section, axles which are less than
  3 19 forty inches apart center-to-center shall be considered a
  3 20 single axle.  The maximum gross weight of any vehicle shall
  3 21 not exceed eighty thousand pounds.
  3 22    2.  An axle may be divided into two or more parts, except
  3 23 that all parts in the same vertical transverse plane shall be
  3 24 considered as one axle.
  3 25    3.  The gross weight on any one axle of a vehicle, or of a
  3 26 combination of vehicles, operated on the highways of this
  3 27 state, shall not exceed twenty thousand pounds on an axle
  3 28 equipped with pneumatic tires, and shall not exceed fourteen
  3 29 thousand pounds on an axle equipped with solid rubber tires.
  3 30 The gross weight on any tandem axle of a vehicle, or any
  3 31 combination of vehicles, shall not exceed thirty-four thousand
  3 32 pounds on an axle equipped with pneumatic tires.
  3 33    Notwithstanding other provisions of this chapter to the
  3 34 contrary, indivisible loads operating under the permit
  3 35 requirements of sections 321E.7, 321E.8, and 321E.9 shall be
  4  1 allowed a maximum of twenty thousand pounds per axle.
  4  2    4.  A group of two or more consecutive axles of any vehicle
  4  3 or combination of vehicles, shall not carry a load in pounds
  4  4 in excess of the overall gross weight determined by
  4  5 application of the following formula: W equals 500 (LN/N-1 +
  4  6 12N + 36).  W equals the overall gross weight on any group of
  4  7 two or more consecutive axles to the nearest five hundred
  4  8 pounds, L equals the distance in feet, rounded to the nearest
  4  9 whole foot, between the extreme of any group of two or more
  4 10 consecutive axles, and N equals the number of axles in the
  4 11 group under consideration.  The following are exceptions to
  4 12 application of the formula:
  4 13    1.  Two However, two consecutive sets of tandem axles may
  4 14 carry a gross load of thirty-four thousand pounds each
  4 15 providing the overall distance between the first and last
  4 16 axles of the consecutive sets of tandem axles is thirty-six
  4 17 feet or more.
  4 18    2.  On highways not part of the interstate system, a
  4 19 vehicle or combination of vehicles having:
  4 20    a.  Four axles where the extreme axles are eighteen feet
  4 21 apart may carry a gross load of fifty-three thousand pounds.
  4 22    b.  Five axles where the extreme axles are thirty-two feet
  4 23 apart may carry a gross load of sixty-seven thousand five
  4 24 hundred pounds.
  4 25    c.  Six or more axles where the extreme axles are forty-one
  4 26 feet apart may carry a gross load of seventy-eight thousand
  4 27 pounds.  
  4 28 For every foot of distance between extreme axles less than the
  4 29 above axle spacings, the overall gross weight of the vehicle
  4 30 or combination of vehicles shall be determined by deducting
  4 31 one thousand pounds from the gross loads specified in
  4 32 paragraphs "a", "b" and "c".  All measurements between extreme
  4 33 axles shall be rounded to the nearest whole foot.
  4 34    The maximum gross weight shall not exceed eighty thousand
  4 35 pounds.
  5  1    5.  The weight on any one axle, including a tandem axle, of
  5  2 a vehicle which is transporting livestock on highways not part
  5  3 of the interstate system may exceed the legal maximum weight
  5  4 given in under this chapter providing that if the gross weight
  5  5 on any particular group of axles on such vehicle does not
  5  6 exceed the gross weight allowable under this chapter for such
  5  7 groups that group of axles.
  5  8    6.  In addition, the The weight on any one axle, including
  5  9 a tandem axle, of a vehicle which is transporting raw
  5 10 materials from a designated borrow site to a construction
  5 11 project or transporting raw materials from a construction
  5 12 project, may exceed the legal maximum weight otherwise allowed
  5 13 under this chapter by ten percent if the gross weight on any
  5 14 particular group of axles on the vehicle does not exceed the
  5 15 gross weight allowed under this chapter for that group of
  5 16 axles.  However, if the vehicle exceeds the ten percent
  5 17 tolerance allowed for any one axle or tandem axle under this
  5 18 paragraph the fine to be assessed for the axle or tandem axle
  5 19 shall be computed on the difference between the actual weight
  5 20 and the ten percent tolerance weight allowed for the axle or
  5 21 tandem axle under this paragraph.  This paragraph applies only
  5 22 to vehicles operating along a route of travel approved by the
  5 23 department.
  5 24    7.  A vehicle designed to tow wrecked or disabled vehicles
  5 25 shall be exempt from the weight limitations in this section
  5 26 while the vehicle is towing a wrecked or disabled vehicle.
  5 27    8.  a.  A person who operates a vehicle in violation of the
  5 28 provisions of this section, and an owner, or any other person,
  5 29 employing or otherwise directing the operator of a vehicle,
  5 30 who requires or knowingly permits the operation of a vehicle
  5 31 in violation of the provisions of this section shall be fined
  5 32 according to the following schedule:  
  5 33     AXLE, TANDEM AXLE, AND GROUP OF AXLES WEIGHT VIOLATIONS
  5 34    Pounds Overloaded                Amount of Fine   
  5 35 Up to and including              $10 plus one-half cent
  6  1    1,000 pounds                     per pound
  6  2 Over 1,000 pounds to and         $15 plus one-half cent
  6  3    including 2,000 pounds           per pound
  6  4 Over 2,000 pounds to and         $80 plus three cents
  6  5    including 3,000 pounds           per pound
  6  6 Over 3,000 pounds to and         $100 plus four cents
  6  7    including 4,000 pounds           per pound
  6  8 Over 4,000 pounds to and         $150 plus five cents
  6  9    including 5,000 pounds           per pound
  6 10 Over 5,000 pounds to and         $200 plus seven cents
  6 11    including 6,000 pounds           per pound
  6 12 Over 6,000 pounds                $200 plus ten cents
  6 13                                     per pound
  6 14    b.  Fines for gross weight violations for vehicles or
  6 15 combinations of vehicles shall be assessed at one-half of the
  6 16 fine rate schedule for axle, tandem axle, and groups of axles
  6 17 weight violations.
  6 18    c.  Except as otherwise provided, the amount of the fine to
  6 19 be assessed shall be computed on the difference between the
  6 20 actual weight and the maximum legal weight specified in this
  6 21 section by applying the appropriate rate in the preceding
  6 22 schedule for the total amount of overload.
  6 23    d.  The schedule of fines may be assessed in addition to
  6 24 any other penalties provided for in this chapter.
  6 25    e.  Overloads on axles and tandem axles and overloads on
  6 26 groups of axles or on an entire vehicle or combination of
  6 27 vehicles shall be considered as separate violations of the
  6 28 provisions of this section.
  6 29    f.  A person who issues or executes, or causes to be issued
  6 30 or executed, a bill of lading, manifest, or shipping document
  6 31 of any kind which states a false weight of the cargo set forth
  6 32 on such bill, manifest, or document, which is less than the
  6 33 actual weight of the cargo, shall, upon conviction, be guilty
  6 34 of a simple misdemeanor.
  6 35    Sec. 7.  Section 321.473, unnumbered paragraph 2, Code
  7  1 1995, is amended to read as follows:
  7  2    The department may issue annual special permits for the
  7  3 operation of compacted rubbish vehicles and vehicles which
  7  4 transport compacted rubbish from a rubbish collection point to
  7  5 a landfill area, exceeding the weight limitation of section
  7  6 321.463, but not exceeding a rear axle gross weight for two-
  7  7 axle vehicles of twenty-two thousand pounds for the period
  7  8 commencing July 1, 1978 and ending June 30, 1986 and twenty
  7  9 thousand pounds commencing July 1, 1986 and thereafter, and
  7 10 for tandem axle vehicles or transferable auxiliary axle
  7 11 vehicles not exceeding a gross weight on the rear axles of
  7 12 thirty-six thirty-eight thousand pounds.  Annual special
  7 13 permits for the operation on secondary roads shall be approved
  7 14 by the county engineer.  Annual special permits for a
  7 15 particular vehicle shall not be issued by the department
  7 16 unless prior approval is given by the county engineer of the
  7 17 county in which the vehicle will be operated.  Annual special
  7 18 permits for operation on primary roads shall be approved by
  7 19 the state department of transportation.  Compacted rubbish
  7 20 vehicles and vehicles which transport compacted rubbish from a
  7 21 rubbish collection point to a landfill area operated pursuant
  7 22 to an annual special permit shall be operated only over routes
  7 23 designated by the local authority.  Annual special permits for
  7 24 a particular vehicle shall not be issued by the department
  7 25 unless approved by the local authority responsible for the
  7 26 roads over which the vehicle will be operated.  Annual special
  7 27 permits approved by the issuing authority shall be issued upon
  7 28 payment of an annual fee, in addition to other registration
  7 29 fees imposed, of one hundred dollars to be paid to the
  7 30 department for all nongovernmental vehicles.
  7 31    Sec. 8.  Section 321E.7, subsection 2, Code 1995, is
  7 32 amended to read as follows:
  7 33    2.  Special mobile equipment, as defined in section 321.1,
  7 34 subsection 75, is not subject to the requirements for distance
  7 35 in feet between the extremes of any group of axles or the
  8  1 extreme axles of the vehicle or combination of vehicles as
  8  2 required by this chapter when being moved upon the highways,
  8  3 except the interstate road system, as defined in section
  8  4 306.3, subsection 4.
  8  5    Sec. 9.  Section 321E.7, Code 1995, is amended by adding
  8  6 the following new subsection:
  8  7    NEW SUBSECTION.  2A.  A mobile crane, operating under the
  8  8 permit requirements of this chapter, shall not exceed a gross
  8  9 weight on any axle of twenty-six thousand five hundred pounds.
  8 10 A mobile crane, as manufactured or equipped by the owner for a
  8 11 particular purpose, is a vehicle with an indivisible load
  8 12 pursuant to section 321E.1.
  8 13    Sec. 10.  Section 321E.7, subsection 3, Code 1995, is
  8 14 amended by striking the subsection.
  8 15    Sec. 11.  Section 321E.8, subsection 1, Code 1995, is
  8 16 amended to read as follows:
  8 17    1.  Vehicles with indivisible loads having an overall width
  8 18 not to exceed twelve feet five inches or mobile homes
  8 19 including appurtenances not to exceed twelve feet five inches
  8 20 and an overall length not to exceed seventy-five feet zero
  8 21 inches may be moved for unlimited distances.  The vehicle and
  8 22 load shall not exceed the height of thirteen feet ten inches
  8 23 as prescribed in section 321.456 and the total gross weight as
  8 24 prescribed in section 321.463.
  8 25    Sec. 12.  Section 805.8, subsection 2, paragraph m, Code
  8 26 Supplement 1995, is amended to read as follows:
  8 27    m.  For height, weight, length, width and load violations
  8 28 and towed vehicle violations under sections 321.309, 321.310,
  8 29 321.381, 321.394, 321.437, 321.454, 321.455, 321.456, 321.457,
  8 30 321.458, 321.461, and 321.462, the scheduled fine is twenty-
  8 31 five dollars.  For weight violations under sections 321.459
  8 32 and section 321.466, the scheduled fine is twenty dollars for
  8 33 each two thousand pounds or fraction thereof of overweight.
  8 34    Sec. 13.  Section 321.459, Code 1995, is repealed.  
  8 35                           EXPLANATION
  9  1    This bill makes several changes to motor vehicle weight and
  9  2 dimensional requirements and makes other transportation-
  9  3 related changes.
  9  4    Current law allows the owner of a commercial motor vehicle
  9  5 with a gross vehicle weight rating of 26,000 pounds or more,
  9  6 subject to proportional registration under chapter 326, to
  9  7 apply to the state department of transportation for a
  9  8 certificate of title.  The commercial motor vehicle is not
  9  9 subject to a registration fee until it is driven upon the
  9 10 highway and only owners with fleets of more than 50 commercial
  9 11 motor vehicles may apply for a certificate under section
  9 12 321.20A.  Section 2 of the bill changes section 321.20A by
  9 13 referring to commercial vehicles rather than commercial motor
  9 14 vehicles, thus including within its provisions, trailers and
  9 15 semitrailers.  It also strikes the 50 commercial motor vehicle
  9 16 fleet limitation and allows any owner of a commercial vehicle,
  9 17 which otherwise meets the requirements of section 321.20A, to
  9 18 apply for a certificate of title.
  9 19    This bill amends several sections relating to length and
  9 20 width and maximum gross weights on various vehicles.  The bill
  9 21 repeals a provision that required different vehicle axle
  9 22 weights for operation on highways that are not part of the
  9 23 interstate system than is required for the operation on
  9 24 highways that are part of the interstate system.  The bill
  9 25 increases the height limitations for a vehicle from 13 feet,
  9 26 six inches, to 14 feet and allows for operation of vehicles
  9 27 exceeding the height limitation of 14 feet with a permit.
  9 28    This bill changes the legal length limit for trailers,
  9 29 semitrailers, and power units designed to carry cargo when
  9 30 used in combination with a trailer or semitrailer.  Current
  9 31 law limits trailers and semitrailers to 53 feet and power
  9 32 units to 65 feet in overall length.  This bill provides that
  9 33 this measurement excludes retractable extensions used to
  9 34 support the load.  The bill provides that the load may extend
  9 35 up to three feet beyond the front bumper and up to four feet
 10  1 beyond the rear bumper of the trailer, semitrailer, or power
 10  2 unit if the vehicles carrying the load are used exclusively
 10  3 for the transportation of passenger vehicles, light delivery
 10  4 trucks, panel delivery trucks, pickup trucks, recreational
 10  5 vehicle chassis, or boats.
 10  6    The bill increases the maximum axle weight for garbage
 10  7 trucks from 20,000 pound to 22,000 pounds for a rear axle
 10  8 gross weight for two-axle vehicles and from 36,000 pounds to
 10  9 38,000 pounds for rear axle gross weights for tandem axle
 10 10 vehicles or transferable auxiliary axle vehicles.  The bill
 10 11 allows for a maximum gross weight on any axle of a mobile
 10 12 crane of 26,500 pounds per axle under permit and defines
 10 13 mobile crane.
 10 14    The bill also makes several technical changes, including
 10 15 repealing section 321.459 and moving it to section 321.463.  
 10 16 LSB 3948HC 76
 10 17 js/jw/5
     

Text: HSB00634                          Text: HSB00636
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