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PAG LIN 1 1 Section 1. Section 321.17, Code 1995, is amended to read 1 2 as follows: 1 3 321.17 MISDEMEANOR TO VIOLATE REGISTRATION PROVISIONS. 1 4 It is a simple misdemeanorpunishable as provided in1 5section 321.482,for any person to drive or move or for an 1 6 owner knowingly to permit to be driven or moved uponanythe 1 7 highwayanya vehicle of a type required to be registered 1 8hereunderunder this chapter which is not registered, or for 1 9 which the appropriate fee has not been paidwhen and as1 10required hereunderexcept as provided in section 321.109, 1 11 subsection 3. 1 12 Sec. 2. Section 321.20A, Code Supplement 1995, is amended 1 13 to read as follows: 1 14 321.20A CERTIFICATE OF TITLE &endash; COMMERCIALMOTORVEHICLES. 1 15 1. Notwithstanding other provisions of this chapter, the 1 16 owner of a commercialmotorvehicle with a gross vehicle 1 17 weight rating of twenty-six thousand one pounds or more, 1 18 subject to the proportional registration provisions of chapter 1 19 326, may make application to the department for a certificate 1 20 of title. The application for certificate of title shall be 1 21 made within fifteen days of purchase or transfer and 1 22 accompanied by a ten dollar title fee and appropriate use tax. 1 23 2. A commercialmotorvehicle issued a certificate of 1 24 title under this section shall not be subject to registration 1 25 fees until the commercialmotorvehicle is driven upon the 1 26 highways. The registration fee due shall be prorated for the 1 27 remaining unexpired months of the registration year. 1 28 Ownership ofathe commercialmotorvehicleissued a1 29certificate of title under this sectionshall not be 1 30 transferred until registration fees have been paid to the 1 31 department. 1 32 3.The certificate of title provision for commercial motor1 33vehicles with a gross vehicle weight rating of twenty-six1 34thousand one pounds or moreThis section shall apply to owners 1 35 with fleets of more than fifty commercialmotorvehicles based 2 1 in Iowa under the proportional registration provisions of 2 2 chapter 326. The original certificate of title shall be 2 3 delivered to the owner if no security interest or encumbrance 2 4 appears on the certificate, otherwise the certificate of title 2 5 shall be delivered by the department to the person holding the 2 6 first security interest or encumbrance as shown on the 2 7 certificate of title. 2 8 Sec. 3. Section 321.109, Code 1995, is amended by adding 2 9 the following new subsection: 2 10 NEW SUBSECTION. 3. The owner of an unregistered motor 2 11 vehicle or motor vehicle for which the registration is 2 12 delinquent, may make application to the county treasurer of 2 13 the county of residence or if the unregistered or delinquent 2 14 motor vehicle is purchased by a nonresident of the state, to 2 15 the county treasurer in the county of purchase, for a 2 16 temporary thirty-day permit for a fee of fifty dollars. The 2 17 permit shall authorize the motor vehicle to be driven or towed 2 18 upon the highway, but shall not authorize a motor truck or 2 19 truck tractor to haul or tow a load. The fifty dollar fee 2 20 shall not be considered a registration fee or exempt the owner 2 21 from payment of all other fees, registration fees, and 2 22 penalties due. If the registration fee for the motor vehicle 2 23 is delinquent, the registration fee and penalty shall continue 2 24 to accrue until paid. The fifty dollar fee shall not be 2 25 prorated, refunded, or used as credit as provided under 2 26 section 321.46. The permit shall be displayed in the upper 2 27 left-hand corner of the rear window of all motor vehicles, 2 28 except motorcycles. Permits issued for a motorcycle shall be 2 29 attached to the rear of the motorcycle. 2 30 Sec. 4. Section 321.123, unnumbered paragraph 1, Code 2 31 Supplement 1995, is amended to read as follows: 2 32 All trailers except farm trailers and mobile homes, unless 2 33 otherwise provided in this section, are subject to a 2 34 registration fee ofsixten dollarsfor trailers with a gross2 35weight of one thousand pounds or less and ten dollars for3 1other trailers. Trailers for which the empty weight is two 3 2 thousand pounds or less are exempt from the certificate of 3 3 title and lien provisions of this chapter. Fees collected 3 4 under this section shall not be reduced or prorated under 3 5 chapter 326. 3 6 Sec. 5. Section 321.123, subsection 1, unnumbered 3 7 paragraph 1, Code Supplement 1995, is amended to read as 3 8 follows: 3 9 Travel trailers and fifth-wheel travel trailers, except 3 10 those in manufacturer's or dealer's stock, shall be subject to 3 11 an annual fee of twenty cents per square foot of floor space 3 12 computed on the exterior overall measurements, but excluding 3 13 three feet occupied by any trailer hitch as provided by and 3 14 certified to by the owner, to the nearest whole dollar, which 3 15 amount shall not be prorated or refunded; except the annual 3 16 fee for travel trailers of any type, when registered in Iowa 3 17 for the first time or when removed from a manufacturer's or 3 18 dealer's stock, shall be prorated on a monthly basis. It is 3 19 further provided the annual fee thus computed shall be limited 3 20 to seventy-five percent of the full fee after the vehicle is 3 21 more than six model years old. 3 22 Sec. 6. Section 321.166, subsection 2, Code 1995, is 3 23 amended to read as follows: 3 24 2. Every registration plate or pair of plates shall 3 25 display a registration plate number which shall consist of 3 26 alphabetical or numerical characters or a combination thereof 3 27 and the name of this state, which may be abbreviated.Every3 28registration plate issued by the county treasurer shall3 29display the name of the county except plates issued for truck3 30tractors, motorcycles, motorized bicycles, travel trailers,3 31semitrailers and trailers. The year of expiration or the date3 32of expiration shall be displayed on vehicle registration3 33plates, except plates issued under section 321.19.Special 3 34 truck registration plates shall display the word "special". 3 35 Sec. 7. Section 321.166, Code 1995, is amended by adding 4 1 the following new subsections: 4 2 NEW SUBSECTION. 9. All registration plates issued under 4 3 section 321.34, except Pearl Harbor registration plates, 4 4 purple heart registration plates, collegiate registration 4 5 plates, firefighter registration plates, Congressional medal 4 6 of honor registration plates, and natural resources 4 7 registration plates, shall display the name of the county in 4 8 which the vehicle is registered. 4 9 NEW SUBSECTION. 10. If the department reissues a new 4 10 registration plate design for a special registration plate 4 11 under section 321.34, all persons who have purchased or 4 12 obtained the special registration plates shall be required to 4 13 apply for the new registration plate but shall not be required 4 14 to pay the issuance fee. 4 15 Sec. 8. Section 321.176A, subsection 2, Code 1995, is 4 16 amended to read as follows: 4 17 2. A firefighter while operating a fire vehicle for a 4 18 volunteer or paid fire organization or a peace officer, as 4 19 defined in section 801.4, while operating a commercial motor 4 20 vehicle for a law enforcement agency under conditions 4 21 necessary to preserve life or property or to execute related 4 22 governmental functions. 4 23 Sec. 9. Section 321.181, Code 1995, is amended to read as 4 24 follows: 4 25 321.181 TEMPORARY PERMIT. 4 26 The department may issue a temporary permit to an applicant 4 27 for a motor vehicle license permitting the applicant to 4 28 operate a motor vehicleother than a commercial motor vehicle4 29 while the department is completing its investigation and 4 30 determination of all facts relative to the applicant's 4 31 privilege to receive the motor vehicle license. The permit 4 32 must be in the applicant's immediate possession while 4 33 operating a motor vehicle. The temporary permit shall be 4 34 invalid and returned to the department when the applicant's 4 35 license is issued or when the license is denied. 5 1 Sec. 10. Section 321.190, subsection 1, paragraph b, Code 5 2 1995, is amended to read as follows: 5 3 b. The department shall not issue a card to a person 5 4 holding a motor vehicle license. However, a card may be 5 5 issued to a person holding a temporary permit under section 5 6 321.181. The card shall be identical in form to a driver's 5 7 license issued under section 321.189 except the word 5 8 "nonoperator" shall appear prominently on the face of the 5 9 card. A nonoperator's identification card issued to a person 5 10 under twenty-one years of age shall include the word "minor" 5 11 prominently on the face of the card. 5 12 Sec. 11. Section 321.191, subsection 9, Code 1995, is 5 13 amended to read as follows: 5 14 9. MOTOR VEHICLE LICENSE REINSTATEMENTS. The fee for 5 15 reinstatement of a motor vehicle license shall be twenty 5 16 dollars for a license which is, after notice and opportunity 5 17 for hearing, canceled, suspended,orrevoked, or barred. 5 18 However, reinstatement of the privilege suspended under 5 19 section 321.210, subsection 1, paragraph "c", shall be without 5 20 fee. The fee for reinstatement of the privilege to operate a 5 21 commercial motor vehicle after a period of disqualification 5 22 shall be twenty dollars. 5 23 Sec. 12. Section 321.208, subsections 7 and 8, Code 5 24 Supplement 1995, are amended to read as follows: 5 25 7. Upon receiving a record of a person's disqualifying 5 26 conviction, administrative decision, suspension, or 5 27 revocation, the department shall, by rule, without preliminary 5 28 hearing and upontwentythirty days' advance notice, 5 29 disqualify the person from operating a commercial motor 5 30 vehicle upon a highway. 5 31 8. A person is disqualified from operating a commercial 5 32 motor vehicle if the person either refuses to submit to 5 33 chemical testing required under chapter 321J or submits to 5 34 chemical testing and the results show an alcohol concentration 5 35 as defined in section 321J.1 of 0.04 or more. The department, 6 1 upon receipt of the peace officer's certification, subject to 6 2 penalty for perjury, that the peace officer had reasonable 6 3 grounds to believe the person to have been operating a 6 4 commercial motor vehicle with an alcohol concentration of 0.04 6 5 or more and that the person refused to submit to the chemical 6 6 testing or submitted to chemical testing and the results show 6 7 an alcohol concentration as defined in section 321J.1 of 0.04 6 8 or more, shall, without preliminary hearing and upontwenty6 9 thirty days' advance notice, disqualify the person from 6 10 operating a commercial motor vehicle upon a highway. 6 11 The effective date of disqualification shall betwenty6 12 thirty days after notification. Immediate notice of 6 13 disqualification may be served on a person operating a 6 14 commercial motor vehicle who refused to submit to a test or 6 15 whose test results indicate an alcohol concentration of 0.04 6 16 or more by the peace officer administering the chemical test 6 17 or the department may notify the person by certified mail. If 6 18 immediate notice is served, the peace officer shall take the 6 19 commercial driver's license or permit of the driver, if issued 6 20 within the state, and issue a temporary commercial driver's 6 21 license effective for onlytwentythirty days. The peace 6 22 officer shall immediately send the person's commercial 6 23 driver's license to the department in addition to the 6 24 officer's certification required by this subsection. 6 25 Sec. 13. Section 321.209, unnumbered paragraph 1, Code 6 26 1995, is amended to read as follows: 6 27 The departmentshall, upontwentythirty days' notice and 6 28 without preliminary hearing, shall revoke the license or 6 29 operating privilege of an operator upon receiving a record of 6 30 the operator's conviction for any of the following offenses, 6 31 when such conviction has become final: 6 32 Sec. 14. Section 321.210, subsection 1, unnumbered 6 33 paragraph 2, Code 1995, is amended to read as follows: 6 34 Prior to a suspension taking effect under paragraph "a", 6 35 "b", "c", "d", "e", or "f", the licensee shall have received 7 1twentythirty days' advance notice of the effective date of 7 2 the suspension. Notwithstanding the terms of the Iowa 7 3 administrative procedure Act, the filing of a petition for 7 4 judicial review shall operate to stay the suspension pending 7 5 the determination by the district court. 7 6 Sec. 15. Section 321.213B, Code 1995, is amended to read 7 7 as follows: 7 8 321.213BREVOCATIONSUSPENSION FOR FAILURE TO ATTEND. 7 9 The department shall establish procedures by rule for 7 10revokingsuspending the license of a juvenile who is in 7 11 violation of section 299.1B or issuing the juvenile a 7 12 temporary restricted license under section 321.215 if the 7 13 juvenile is employed at least twenty hours per week. 7 14 Sec. 16. Section 321.215, subsection 2, unnumbered 7 15 paragraph 1, Code Supplement 1995, is amended to read as 7 16 follows: 7 17 Upon conviction and the suspension or revocation of a 7 18 person's motor vehicle license under section 321.205 for a 7 19 drug or drug-related offense; 321.209, subsection 5, 6, or 8; 7 20 section 321.210; 321.210A; or 321.513; or upon the denial of 7 21 issuance of a motor vehicle license under section 321.560, 7 22 based solely on offenses enumerated in section 321.555, 7 23 subsection 1, paragraph "c", or section 321.555, subsection 2; 7 24 or a juvenile, whose license has been suspended under section 7 25 321.213A for a violation of chapter 124 or 453B, or section 7 26 126.3,and upon the denial by the director of an application7 27for a temporary restricted license,a person mayapply to7 28 petition the district court having jurisdiction for the 7 29 residence of the person for a temporary restricted permit to 7 30 operate a motor vehicle for the limited purpose or purposes 7 31 specified in subsection 1. The petition shall include a 7 32 current certified copy of the petitioner's official driving 7 33 record issued by the department. The application may be 7 34 granted only if all of the following criteria are satisfied: 7 35 Sec. 17. Section 321.383, subsections 2 and 3, Code 1995, 8 1 are amended to read as follows: 8 2 2. When operated on a highway in this state at a speed of 8 3twenty-fivethirty miles per hour or less, every farm tractor, 8 4 or tractor with towed equipment, self-propelled implement of 8 5 husbandry, road construction or maintenance vehicle, road 8 6 grader, horse-drawn vehicle, or any other vehicle principally 8 7 designed for use off the highway and any such tractor, 8 8 implement, vehicle or grader when manufactured for sale or 8 9 sold at retail after the thirty-first of December, 1971, shall 8 10 be identified with a reflective device of a type approved by 8 11 the director; however, this provision shall not apply to such 8 12 vehicles when traveling in any escorted parade. The 8 13 reflective device shall be visible from the rear and mounted 8 14 in a manner approved by the director.All vehicles specified8 15in this section shall be equipped with such reflective device8 16after the thirty-first of December, 1971.The director, when 8 17 approvingsuchthe device, shall be guided as far as 8 18 practicable by the standards of the American society of 8 19 agricultural engineers.NoA vehicle, other than those 8 20 specified in this section, shall not display a reflective 8 21 deviceapproved for the use herein described. On vehicles 8 22specified hereinoperating at speeds abovetwenty-fivethirty 8 23 miles per hour, the reflective device shall be removed or 8 24 hidden from view. 8 25 3. Garbage collection vehicles, when operated on the 8 26 streets or highways of this state at speeds oftwenty-five8 27 thirty miles per hour or less, may display a reflective device 8 28 of a type and in a manner approved by the director. At speeds 8 29 in excess oftwenty-fivethirty miles per hour the device 8 30 shall not be visible. 8 31 Sec. 18. Section 321E.1, unnumbered paragraph 1, Code 8 32 1995, is amended to read as follows: 8 33 The department and local authorities may in their 8 34 discretion and upon application and with good cause being 8 35 shown issue permits for the movement of construction machinery 9 1 or asphalt repavers being temporarily moved on streets, roads 9 2 or highways and for vehicles with indivisible loads which 9 3 exceed the maximum dimensions and weights specified in 9 4 sections 321.452 to 321.466, but not to exceed the limitations 9 5 imposed in sections 321E.1 to 321E.15 except as provided in 9 6sectionssection 321E.29and 321E.30. Vehicles permitted to 9 7 transport indivisible loads may exceed the width and length 9 8 limitations specified in sections 321.454 and 321.457 for the 9 9 purpose of picking up an indivisible load or returning from 9 10 delivery of the indivisible load. Permits issued may be 9 11 single-trip permits or annual permits. Permits shall be in 9 12 writing and shall be carried in the cab of the vehicle for 9 13 which the permit has been issued and shall be available for 9 14 inspection at all times. The vehicle and load for which the 9 15 permit has been issued shall be open to inspection by a peace 9 16 officer or an authorized agent of a permit granting authority. 9 17 When in the judgment of the issuing authority in cities and 9 18 counties the movement of a vehicle with an indivisible load or 9 19 construction machinery which exceeds the maximum dimensions 9 20 and weights will be unduly hazardous to public safety or will 9 21 cause undue damage to streets, avenues, boulevards, 9 22 thoroughfares, highways, curbs, sidewalks, trees, or other 9 23 public or private property, the permit shall be denied and the 9 24 reasons for denial endorsed on the application. Permits shall 9 25 designate the days when and routes upon which loads and 9 26 construction machinery may be moved within a county on other 9 27 than primary roads. 9 28 Sec. 19. Section 321E.7, subsection 2, Code 1995, is 9 29 amended to read as follows: 9 30 2. Special mobile equipment, as defined in section 321.1, 9 31 subsection 75, is not subject to the requirements for distance 9 32 in feet between the extremes of any group of axles or the 9 33 extreme axles of the vehicle or combination of vehicles as 9 34 required by this chapter when being moved upon the highways,9 35except the interstate road system, as defined in section10 1306.3, subsection 4if the operator has a permit issued under 10 2 this chapter. 10 3 Sec. 20. Section 321E.9, subsection 2, Code 1995, is 10 4 amended to read as follows: 10 5 2. Vehicles with indivisible loads exceeding the width, 10 6 length, and total gross weight provided in subsection 1, may 10 7 be moved in special or emergency situations, provided the 10 8gross weight on any one axle shall not exceed the maximum10 9prescribed in section 321.463permitting authority has 10 10 reviewed the route and has approved the movement of the 10 11 vehicle and load. The vehicle and load shall be accompanied 10 12 by an escort as required by rules adopted pursuant to chapter 10 13 17A. The issuing authority may impose any special 10 14 restrictions as deemed necessary on movements or exempt 10 15 movements from the restrictions of section 321E.11 by permit 10 16 under this subsection. 10 17 Sec. 21. Section 321J.4, subsection 8, Code Supplement 10 18 1995, is amended to read as follows: 10 19 8. A person whose motor vehicle license has either been 10 20 revoked under this chapter, or revoked or suspended under 10 21 chapter 321 solely for violations of this chapter, or who has 10 22 been determined to be a habitual offender under chapter 321 10 23 based solely on violations of this chapter, and who is not 10 24 eligible for a temporary restricted license under this chapter 10 25 may petition the court upon the expiration of the minimum 10 26 period of ineligibility for a temporary restricted license 10 27 provided for under this section or section 321J.9, 321J.12, or 10 28 321J.20 for an order to the department to require the 10 29 department to issue a temporary restricted license to the 10 30 person notwithstanding section 321.560. The petition shall 10 31 include a current certified copy of the petitioner's official 10 32 driving record issued by the department. Upon the filing of a 10 33 petition for a temporary restricted license under this 10 34 section, the clerk of the district court in the county where 10 35 the violation that resulted in the revocation occurred shall 11 1 send notice of the petition to the department and the 11 2 prosecuting attorney. The department and the prosecuting 11 3 attorney shall each be given an opportunity to respond to and 11 4 request a hearing on the petition. The court shall determine 11 5 if the temporary restricted license is necessary for the 11 6 person to maintain the person's present employment. However, 11 7 a temporary restricted license shall not be ordered or issued 11 8 for violations of section 321J.2A or to persons under the age 11 9 of twenty-one who commit violations under section 321J.2. If 11 10 the court determines that the temporary restricted license is 11 11 necessary for the person to maintain the person's present 11 12 employment, and that the minimum period of ineligibility for 11 13 receipt of a temporary license has expired, the court shall 11 14 order the department to issue to the person a temporary 11 15 restricted license conditioned upon the person's certification 11 16 to the court of the installation of approved ignition 11 17 interlock devices in all motor vehicles that it is necessary 11 18 for the person to operate to maintain the person's present 11 19 employment. Section 321.561 does not apply to a person 11 20 operating a motor vehicle in the manner permitted under this 11 21 subsection. If the person operates a motor vehicle which does 11 22 not have an approved ignition interlock device or if the 11 23 person tampers with or circumvents an ignition interlock 11 24 device, in addition to other penalties provided, the person's 11 25 temporary restricted license shall be revoked. A person 11 26 holding a temporary restricted license issued under this 11 27 subsection shall not operate a commercial motor vehicle, as 11 28 defined in section 321.1, on a highway if a commercial 11 29 driver's license is required for the person to operate the 11 30 commercial motor vehicle. 11 31 Sec. 22. Section 321J.9, subsection 4, Code Supplement 11 32 1995, is amended to read as follows: 11 33 4. The effective date of revocation shall betenthirty 11 34 days after the department has mailed notice of revocation to 11 35 the person by certified mail or, on behalf of the department, 12 1 a peace officer offering or directing the administration of a 12 2 chemical test may serve immediate notice of intention to 12 3 revoke and of revocation on a person who refuses to permit 12 4 chemical testing. If the peace officer serves that immediate 12 5 notice, the peace officer shall take the Iowa license or 12 6 permit of the driver, if any, and issue a temporary license 12 7 effective for onlytenthirty days. The peace officer shall 12 8 immediately send the person's license to the department along 12 9 with the officer's certificate indicating the person's refusal 12 10 to submit to chemical testing. 12 11 Sec. 23. Section 321J.12, subsections 3, 4, and 5, Code 12 12 Supplement 1995, are amended to read as follows: 12 13 3. The effective date of the revocation shall beten12 14 thirty days after the department has mailed notice of 12 15 revocation to the person by certified mail. The peace officer 12 16 who requested or directed the administration of the chemical 12 17 test may, on behalf of the department, serve immediate notice 12 18 of revocation on a person whose test results indicated an 12 19 alcohol concentration of .10 or more. 12 20 4. If the peace officer serves that immediate notice, the 12 21 peace officer shall take the person's Iowa license or permit, 12 22 if any, and issue a temporary license valid only forten12 23 thirty days. The peace officer shall immediately send the 12 24 person's driver's license to the department along with the 12 25 officer's certificate indicating that the test results 12 26 indicated an alcohol concentration of .10 or more. 12 27 5. Upon certification, subject to penalty of perjury, by 12 28 the peace officer that there existed reasonable grounds to 12 29 believe that the person had been operating a motor vehicle in 12 30 violation of section 321J.2A, that there existed one or more 12 31 of the necessary conditions for chemical testing described in 12 32 section 321J.6, subsection 1, and that the person submitted to 12 33 chemical testing and the test results indicated an alcohol 12 34 concentration as defined in section 321J.1 of .02 or more but 12 35 less than .10, the department shall revoke the person's motor 13 1 vehicle license or operating privilege for a period of sixty 13 2 days if the person has had no revocations within the previous 13 3 six years undersection 321J.2Athis chapter, and for a period 13 4 of ninety days if the person has had one or more previous 13 5 revocations within the previous six years undersection13 6321J.2Athis chapter. 13 7 Sec. 24. Section 321J.13, subsection 1, Code Supplement 13 8 1995, is amended to read as follows: 13 9 1. Notice of revocation of a person's motor vehicle 13 10 license or operating privilege served pursuant to section 13 11 321J.9 or 321J.12 shall include a form accompanied by a 13 12 preaddressed envelope on which the person served may indicate 13 13 by a checkmark if the person only wishes to request a 13 14 temporary restricted license after the mandatory ineligibility 13 15 period for issuance of a temporary restricted license has 13 16 ended, or if the person wishes a hearing to contest the 13 17 revocation. The form shall clearly state on its face that the 13 18 form must be completed and returned withintentwenty days of 13 19 receipt or the person's right to a hearing to contest the 13 20 revocation is foreclosed. The form shall also be accompanied 13 21 by a statement of the operation of and the person's rights 13 22 under this chapter. 13 23 Sec. 25. Section 321J.13, subsection 2, unnumbered 13 24 paragraph 1, Code Supplement 1995, is amended to read as 13 25 follows: 13 26 The department shall grant the person an opportunity to be 13 27 heard within forty-five days of receipt of a request for a 13 28 hearing if the request is made not later thantentwenty days 13 29 after receipt of notice of revocation served pursuant to 13 30 section 321J.9 or 321J.12. The hearing shall be before the 13 31 department in the county where the alleged events occurred, 13 32 unless the director and the person agree that the hearing may 13 33 be held in some other county, or the hearing may be held by 13 34 telephone conference at the discretion of the agency 13 35 conducting the hearing. The hearing may be recorded and its 14 1 scope shall be limited to the issues of whether a peace 14 2 officer had reasonable grounds to believe that the person was 14 3 operating a motor vehicle in violation of section 321J.2 or 14 4 section 321J.2A and either of the following: 14 5 Sec. 26. Section 328.26, Code 1995, is amended to read as 14 6 follows: 14 7 328.26 APPLICATION FOR REGISTRATION. 14 8 Every application for registration pursuant to sections 14 9 328.19 to 328.22 shall be made upon such forms, and shall 14 10 contain such information, as the department may prescribe, and 14 11 every application shall be accompanied by the full amount of 14 12 the registration fee. 14 13 When an aircraft is registered to a person for the first 14 14 time theapplication for registration shall be accompanied by14 15evidence thatfee submitted to the department shall include 14 16 the tax imposed by section 422.43 or section 423.2 has been 14 17 paid or evidence of the exemption of the aircraft from the tax 14 18 imposed under section 422.43 or 423.2. 14 19 Sec. 27. Section 328.46, Code 1995, is amended to read as 14 20 follows: 14 21 328.46 PENALTY FOR DELAY. 14 22 If a transfer of ownership of an aircraft subject to 14 23 registration is not completed, as herein provided,withinfive14 24 thirty days of the actual change of possession, a penalty of 14 25 five dollars shall accrue againstsaidthe aircraft andnoa 14 26 certificate of registrationthereforshallthereafter issue14 27 not be issued untilsaidthe penalty is paid. 14 28 Sec. 28. Section 328.51, Code 1995, is amended to read as 14 29 follows: 14 30 328.51 ACCRUAL OF PENALTY. 14 31 Failure to register shall be considered delinquent and a 14 32 penalty shall accruefromthe first day of thesecondmonth 14 33 following thirty days from the date of the purchase of a new 14 34 aircraft orfrom the first day of the second month following14 35 the date an aircraft is brought into the state, except as15 1otherwise provided in this chapter. 15 2 Sec. 29. Sections 321.240 and 321E.30, Code 1995, are 15 3 repealed. 15 4 EXPLANATION 15 5 The bill amends sections 321.17 and 321.109 to allow the 15 6 owner of an unregistered vehicle or a vehicle for which 15 7 payment of the registration fee is delinquent to obtain a 30 15 8 day permit to operate the vehicle for a fee of $50. 15 9 Section 321.20A allows for the issuance of a certificate of 15 10 title for a commercial motor vehicle, but delays the payment 15 11 of registration fees until the commercial motor vehicle is 15 12 driven upon the highway. This bill substitutes the term 15 13 commercial vehicle for commercial motor vehicle which broadens 15 14 the category of vehicles which will be eligible to receive a 15 15 certificate of title under section 321.20A, specifically it 15 16 allows for the issuance of a certificate of title for 15 17 trailers. 15 18 Section 321.123 is amended to provide that the registration 15 19 fee for trailers is $10. Current law provides that trailers 15 20 with a gross weight of 1,000 pounds or less are $6 and that 15 21 all other trailers are $10. 15 22 Section 321.166 is amended to provide that all registration 15 23 plates except Pearl Harbor registration plates, purple heart 15 24 registration plates, collegiate registration plates, 15 25 firefighter registration plates, Congressional medal of honor 15 26 registration plates, and natural resources registration 15 27 plates, must have the name of the county in which the vehicle 15 28 is registered displayed on the plate and requires that persons 15 29 who have special registration plates apply for a new 15 30 registration plate if the department reissues a new 15 31 registration plate design but exempts these persons from 15 32 payment of the issuance fee. 15 33 Section 321.176A exempts a peace officer from the 15 34 commercial driver's license requirements if the officer is 15 35 operating a commercial motor vehicle for a law enforcement 16 1 agency under conditions necessary to preserve life or property 16 2 or to execute related governmental functions. 16 3 Section 321.181 is amended by striking the prohibition 16 4 against operating a commercial motor vehicle when a person has 16 5 been issued a temporary permit valid for the time period 16 6 during which the state department of transportation is 16 7 completing its investigation and determination of facts 16 8 relative to the applicant's privilege to receive a motor 16 9 vehicle license. 16 10 Section 321.190 is amended to allow a person who has been 16 11 issued a temporary permit enabling the person to operate a 16 12 motor vehicle while the department is investigating whether to 16 13 issue the person a motor vehicle license to also be issued a 16 14 nonoperator's identification card. Current law prohibits a 16 15 person from having both a motor vehicle license and a 16 16 nonoperator's identification card. 16 17 Section 321.191 provides that the fee for reinstatement of 16 18 a motor vehicle license after the license has been barred is 16 19 $20. 16 20 Sections 321.208, 321.209, and 321.210 are amended to 16 21 expand the advance notice period the state department of 16 22 transportation is required to provide before disqualifying a 16 23 person from operating a commercial motor vehicle upon the 16 24 highway or revoking or suspending a person's motor vehicle 16 25 license or operating privileges from 20 days to 30 days. 16 26 Section 321.213B is a technical change in terminology from 16 27 revocation to suspension in reference to revocation of a 16 28 juvenile's motor vehicle license for failure to attend school 16 29 under section 299.1B. 16 30 Sections 321.215 and 321J.4 are amended to require that a 16 31 petitioner to the district court for a temporary restricted 16 32 permit provide a current certified copy of the petitioner's 16 33 official driving record issued by the state department of 16 34 transportation with the petition. 16 35 Section 321.383 currently requires that certain slow moving 17 1 vehicles when operated on a highway at a speed of 25 miles per 17 2 hour or less be identified with a reflective device. This 17 3 bill changes the speed limit to 30 miles per hour. 17 4 Section 321E.7 exempts special mobile equipment from the 17 5 requirements for distance in feet between axles when being 17 6 moved upon the highway, except for movement upon the 17 7 interstate road system. This bill allows exemption from the 17 8 distance requirements if the operator has been issued a permit 17 9 under chapter 321E. 17 10 Section 321E.9 is amended to allow vehicles with 17 11 indivisible loads exceeding certain width, length, and weight 17 12 limitations to be moved in special or emergency situations if 17 13 the permitting authority has reviewed the route and has 17 14 approved the movement of the vehicle and the load and allows 17 15 the permitting authority to exempt the vehicle movement from 17 16 the restrictions contained in section 321E.11, which prohibit 17 17 movement on memorial day, independence day, and labor day. 17 18 Sections 321J.9 and 321J.12 are amended to change the 17 19 effective date of a motor vehicle license revocation under 17 20 chapter 321J from 10 days after notification by the state 17 21 department of transportation to 30 days after notification and 17 22 when immediate notice of revocation is given to allow for 17 23 issuance of a temporary license for 30 days until the 17 24 revocation begins. The amendment in section 321J.12 also 17 25 changes a reference from section 321J.2A to chapter 321J for 17 26 purposes of determining the numbers of revocations within the 17 27 past six years. Section 321J.13 is amended to extend the time 17 28 period in which a form indicating whether a person wishes to 17 29 request a temporary restricted license or wishes a hearing to 17 30 contest the revocation of the person's motor vehicle license 17 31 must be completed and returned from 10 days to 20 days. 17 32 Sections 328.26 is amended to provide that aircraft 17 33 registration include taxes imposed under section 422.43 or 17 34 section 423.2, if the tax has not already been paid or that 17 35 proof of payment be submitted in addition to the registration 18 1 fee. Section 328.46 increases the time before the $5 penalty 18 2 accrues from five days to 30 days for failing to transfer 18 3 ownership of an aircraft subject to registration. Section 18 4 328.51 provides that the accrual of a penalty for failure to 18 5 register begins 30 days from the first day of the month 18 6 following the purchase of the new aircraft or the date the 18 7 aircraft is brought into the state. 18 8 Finally, sections 321.240 and 321E.30 are repealed. 18 9 Section 321.240 prohibits operation or use of a vehicle if the 18 10 center of gravity on the vehicle has been altered. Section 18 11 321E.30 requires that a verification of the issuance of a 18 12 permit to move a mobile home be sent to the county treasurer 18 13 of the county of final destination and that a $1 fee be paid 18 14 to cover the cost of the service. 18 15 BACKGROUND STATEMENT 18 16 SUBMITTED BY THE AGENCY 18 17 Sections 1 and 3&endash;No mechanism exists to provide temporary 18 18 vehicle registration permitting travel on public highways for 18 19 delinquent motor vehicles or until the vehicle is registered 18 20 in certain circumstances. Amending Code section 321.109 to 18 21 establish a 30-day temporary vehicle registration permit will 18 22 provide access to public highways to an estimated 1,000 18 23 vehicles annually. 18 24 Section 2&endash;Certain commercial carriers may delay 18 25 registering motor vehicles until they are put in service. 18 26 This technical amendment to section 321.20A allows the same 18 27 for trailers. 18 28 Sections 4 and 5&endash;Making the registration fee for all 18 29 trailers consistent requires amending section 321.123. 18 30 Sections 6 and 7&endash;Amending section 321.166 allows for the 18 31 county name on vehicle plates excepting certain plates and 18 32 provides for no additional fee on a reissue of special plates. 18 33 Section 8&endash;Amending section 321.176A adds police officers 18 34 in the commercial driver's license (CDL) exemption allowed for 18 35 firefighters while operating emergency vehicles. 19 1 Section 9&endash;Amends Code section 321.181 on temporary permits 19 2 for consistency. 19 3 Section 10&endash;A person cannot have both a driver's license 19 4 and a nonoperator's identification card. Amending section 19 5 321.190 allows a nonoperator's identification card to be 19 6 issued to someone who has a temporary permit. 19 7 Section 11&endash;Technical change to section 321.191. 19 8 Sections 12 through 14 and 22 through 25&endash;Technical changes 19 9 for consistency, Code sections 321.208, 321.209, 321.210, 19 10 321J.9, 321J.12, and 321J.13. 19 11 Section 15&endash;Technical correction to amend Code section 19 12 321.213B to change school dropout revocation to suspension. 19 13 Sections 16 and 21&endash;Sometimes the court is unaware of the 19 14 complete driving record of an applicant for a temporary re- 19 15 stricted license. Requiring the applicant to submit a cer- 19 16 tified copy of their driving record provides the needed 19 17 information. 19 18 Section 17&endash;Technical change for consistency. 19 19 Section 19&endash;Conforming to federal rules, amending Code 19 20 section 321E.7 allows a vehicle with a bridge exemption access 19 21 to the interstate. 19 22 Section 20&endash;Amending section 321E.9, subsection 2, allows 19 23 the ability to issue an oversize and overweight permit in 19 24 emergency situations on a holiday. 19 25 Sections 26 through 28&endash;Making the aircraft registration 19 26 process so registration, transfer of ownership, and collection 19 27 of use tax is consistent with motor vehicle registration 19 28 requires these technical amendments to sections 328.26, 19 29 328.46, and 328.51. 19 30 Sections 18 and 29&endash;Repeal section 321.240 because 19 31 specifications for motor vehicle height are unavailable making 19 32 the section unenforceable and repeals section 321E.30 to 19 33 eliminate the requirement for the state department of 19 34 transportation to notify the county treasurer when a mobile 19 35 home is moved because, under an annual permit, the department 20 1 does not know when mobile homes are moved. 20 2 Section 18 makes a conforming amendment due to the repeal 20 3 of section 321E.30. 20 4 LSB 3383DP 76 20 5 js/jw/5
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