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House File 416

Partial Bill History

Bill Text

PAG LIN
    20                                         HOUSE FILE 416
    30 
    50                             AN ACT
    70 RELATING TO REGULATION OF TRUCKS AND CERTAIN OTHER LARGE MOTOR
    80    VEHICLES, INCLUDING MAXIMUM VEHICLE WEIGHTS, DEFINING TERMS,
    90    PROVIDING EFFECTIVE DATES, AND MAKING PENALTIES APPLICABLE.
   100 
   110 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
   120 
   140    Section 1.  Section 321.1, Code 1997, is amended by adding
   150 the following new subsections:
   160    NEW SUBSECTION.  15A.  "Crane" means a machine for raising,
   170 shifting, and lowering heavy weights by means of a projecting
   180 swinging arm.
   190    NEW SUBSECTION.  63A.  "Retractable axle" means an axle
   200 designed with the capability of manipulation or adjustment of
   210 the weight on the axle.
   220    Sec. 2.  Section 321.440, subsection 7, Code 1997, is
   230 amended to read as follows:
   240    7.  Been regrooved or recut below the original tread design
   250 depth, excepting special tires which have extra under tread
   260 rubber and are identified as such, or if a pneumatic tire was
   270 originally designed without grooves or tread, the safety
   280 standards therefor shall be established by the director.
   290    Sec. 3.  Section 321.440, Code 1997, is amended by adding
   300 the following new unnumbered paragraph after subsection 7:
   310    NEW UNNUMBERED PARAGRAPH.  A vehicle, except an implement
   320 of husbandry, equipped with either solid rubber or pneumatic
   330 tires shall not be operated where the weight per inch of tire
   340 width is greater than five hundred seventy-five pounds per
   350 inch of tire width based on the tire width rating, except on a
   360 steering axle, in which case six hundred pounds per inch of
   370 tire width is permitted based on the tire width rating.
   380    Sec. 4.  Section 321.456, Code 1997, is amended to read as
   390 follows:
   400    321.456  HEIGHT OF VEHICLES – PERMITS – EXEMPTION.
   410    A vehicle unladen or with load shall not exceed a height of
   420 thirteen feet, six inches, except by permit as provided in
   430 this section.  However, a vehicle or combination of vehicles
   440 coupled together used exclusively for the transportation of
   450 passenger vehicles, light delivery trucks, panel delivery
   460 trucks, pickup trucks, or recreational vehicle chassis may
   470 operate without a permit provided that the height of the
   480 vehicle or vehicles coupled together does not exceed fourteen
   490 feet.  This section shall not be construed to require any
   500 railroad or public authorities to provide sufficient vertical
   510 clearance to permit the operation of such vehicle upon the
   520 highways of this state.  Any damage to highways, highway or
   530 railroad structures or underpasses caused by the height of any
   540 vehicle provided for by this section shall be borne by the
   550 operator or owner of the vehicle.  Vehicles unladen or with
   560 load exceeding a height of thirteen feet, six inches but not
   570 exceeding fourteen feet may be operated with a permit issued
   580 by the department or jurisdictional local authorities.  The
   590 permits shall be issued annually for a fee of twenty-five
   600 dollars and subject to rules adopted by the department.  The
   610 state or a political subdivision shall not be liable for
   620 damage to any vehicle or its cargo if changes in vertical
   630 clearance of a structure are made subsequent to the issuance
   640 of a permit during the term of the permit.
   650    Sec. 5.  Section 321.463, Code 1997, is amended to read as
   660 follows:
   670    321.463  MAXIMUM GROSS WEIGHT – EXCEPTIONS – PENALTIES.
   680    1.  An axle may be divided into two or more parts, except
   690 that all parts in the same vertical transverse plane shall be
   700 considered as one axle.
   710    2.  The gross weight on any one axle of a vehicle, or of a
   720 combination of vehicles, operated on the highways of this
   730 state, shall not exceed twenty thousand pounds on an axle
   740 equipped with pneumatic tires, and shall not exceed fourteen
   750 thousand pounds on an axle equipped with solid rubber tires.
   760 The gross weight on any tandem axle of a vehicle, or any
   770 combination of vehicles, shall not exceed thirty-four thousand
   780 pounds on an axle equipped with pneumatic tires.  This
   790 subsection does not apply to implements of husbandry.
   800    3.  Notwithstanding other provisions of this chapter to the
   810 contrary, indivisible loads operating under the permit
   820 requirements of sections 321E.7, 321E.8, and 321E.9 shall be
   830 allowed a maximum of twenty thousand pounds per axle.
   840    A group of two or more consecutive axles of any vehicle or
   850 combination of vehicles, shall not carry a load in pounds in
   860 excess of the overall gross weight determined by application
   870 of the following formula: W equals 500 (LN/N-1 + 12N + 36).  W
   880 equals the overall gross weight on any group of two or more
   890 consecutive axles to the nearest five hundred pounds, L equals
   900 the distance in feet, rounded to the nearest whole foot,
   910 between the extreme of any group of two or more consecutive
   920 axles, and N equals the number of axles in the group under
   930 consideration.  The following are exceptions to application of
   940 the formula:
   950    1.  Two consecutive sets of tandem axles may carry a gross
   960 load of thirty-four thousand pounds each providing the overall
   970 distance between the first and last axles of the consecutive
   980 sets of tandem axles is thirty-six feet or more.
   990    2.  On highways not part of the interstate system, a
  1000 vehicle or combination of vehicles having:
  1010    a.  Four axles where the extreme axles are eighteen feet
  1020 apart may carry a gross load of fifty-three thousand pounds.
  1030    b.  Five axles where the extreme axles are thirty-two feet
  1040 apart may carry a gross load of sixty-seven thousand five
  1050 hundred pounds.
  1060    c.  Six or more axles where the extreme axles are forty-one
  1070 feet apart may carry a gross load of seventy-eight thousand
  1080 pounds.
  1090 For every foot of distance between extreme axles less than the
  1110 above axle spacings, the overall gross weight of the vehicle
  1120 or combination of vehicles shall be determined by deducting
  1130 one thousand pounds from the gross loads specified in
  1140 paragraphs "a", "b" and "c".  All measurements between extreme
  1150 axles shall be rounded to the nearest whole foot.
  1160    The maximum gross weight shall not exceed eighty thousand
  1170 pounds.
  1180    4.  a.  The maximum gross weight allowed to be carried on a
  1190 vehicle or combination of vehicles on highways which are part
  1200 of the interstate system is as follows:  
  1220                   MAXIMUM GROSS WEIGHT TABLE
  1230                       INTERSTATE HIGHWAYS
  1250 Distance
  1260 in feet    2 Axles  3 Axles  4 Axles  5 Axles  6 Axles  7 Axles
  1270     4      34,000
  1280     5      34,000
  1290     6      34,000
  1300     7      34,000   34,000
  1310     8      34,000   34,000
  1320     8'1"   38,000   42,000
  1330     9      39,000   42,500
  1340    10      40,000   43,500   48,500
  1350    11               44,000   49,500
  1360    12               45,000   50,000
  1370    13               45,500   50,500   56,000
  1380    14               46,500   51,500   57,000
  1390    15               47,000   52,000   57,500
  1400    16               48,000   52,500   58,000
  1410    17               48,500   53,500   58,500   64,000
  1420    18               49,500   54,000   59,000   65,000
  1430    19               50,000   54,500   60,000   65,500
  1440    20               51,000   55,500   60,500   66,000   71,500
  1450    21               51,500   56,000   61,000   66,500   72,500
  1460    22               52,500   56,500   61,500   67,000   73,000
  1470    23               53,000   57,500   62,500   68,000   73,500
  1480    24               54,000   58,000   63,000   68,500   74,000
  1490    25               54,500   58,500   63,500   69,000   74,500
  1500    26               55,500   59,500   64,000   69,500   75,000
  1510    27               56,000   60,000   65,000   70,000   76,000
  1520    28               57,000   60,500   65,500   71,000   76,500
  1530    29               57,500   61,500   66,000   71,500   77,000
  1540    30               58,500   62,000   66,500   72,000   77,500
  1550    31               59,000   62,500   67,500   72,500   78,000
  1560    32               60,000   63,500   68,000   73,000   78,500
  1570    33                        64,000   68,500   74,000   79,500
  1580    34                        64,500   69,500   74,500   80,000
  1590    35                        65,500   70,000   75,000
  1600    36                        68,000   70,500   75,500
  1610    37                        68,000   71,000   76,000
  1620    38                        68,000   72,000   77,000
  1630    39                        68,000   72,500   77,500
  1640    40                        68,500   73,000   78,000
  1650    41                        69,500   73,500   78,500
  1660    42                        70,000   74,000   79,000
  1670    43                        70,500   75,000   80,000
  1680    44                        71,500   75,500
  1690    45                        72,000   76,000
  1700    46                        72,500   76,500
  1710    47                        73,500   77,500
  1720    48                        74,000   78,000
  1730    49                        74,500   78,500
  1740    50                        75,500   79,000
  1750    51                        76,000   80,000
  1760    52                        76,500
  1770    53                        77,500
  1780    54                        78,000
  1790    55                        78,500
  1800    56                        79,500
  1810    57                        80,000
  1830    b.  The maximum gross weight allowed to be carried on a
  1840 vehicle or combination of vehicles on noninterstate highways
  1850 is as follows:  
  1870                     NONINTERSTATE HIGHWAYS
  1880                   MAXIMUM GROSS WEIGHT TABLE
  1900 Distance
  1910 in feet   2 Axles  3 Axles  4 Axles  5 Axles  6 Axles  7 Axles
  1920     4     34,000
  1930     5     34,000
  1940     6     34,000
  1950     7     34,000   34,000
  1960     8     34,000   34,000
  1970     8'1"  38,000   42,000
  1980     9     39,000   42,500
  1990    10     40,000   43,500   45,000
  2000    11              44,000   46,000
  2010    12              45,000   47,000
  2020    13              45,500   48,000   48,500
  2030    14              46,500   49,000   49,500
  2040    15              47,000   50,000   50,500
  2050    16              48,000   51,000   51,500
  2060    17              48,500   52,000   52,500   54,000
  2070    18              49,500   53,000   53,500   55,000
  2080    19              50,000   54,500   54,500   56,000
  2090    20              51,000   55,500   55,500   57,000
  2100    21              51,500   56,000   56,500   58,000
  2110    22              52,500   56,500   57,500   59,000
  2120    23              53,000   57,500   58,500   60,000
  2130    24              54,000   58,000   59,500   61,000
  2140    25              54,500   58,500   60,500   62,000
  2150    26              55,500   59,500   61,500   63,000
  2160    27              56,000   60,000   62,500   64,000
  2170    28              57,000   60,500   63,500   65,000
  2180    29              57,500   61,500   64,500   66,000
  2190    30              58,500   62,000   65,500   67,000
  2200    31              59,000   62,500   66,500   68,000
  2210    32              60,000   63,500   67,500   69,000
  2220    33                       64,000   68,500   70,000
  2230    34                       64,500   69,500   71,000
  2240    35                       65,500   70,000   72,000
  2250    36                       68,000   70,500   73,000
  2260    37                       68,000   71,000   74,000
  2270    38                       68,000   72,000   75,000
  2280    39                       68,000   72,500   76,000
  2290    40                       68,500   73,000   77,000
  2300    41                       69,500   73,500   78,000   78,000
  2310    42                       70,000   74,000   79,000   79,000
  2320    43                       70,500   75,000   80,000   80,000
  2330    44                       71,500   75,500
  2340    45                       72,000   76,000
  2350    46                       72,500   76,500
  2360    47                       73,500   77,500
  2370    48                       74,000   78,000
  2380    49                       74,500   78,500
  2390    50                       75,500   79,000
  2400    51                       76,000   80,000
  2410    52                       76,500
  2420    53                       77,500
  2430    54                       78,000
  2440    55                       78,500
  2450    56                       79,500
  2460    57                       80,000
  2480    c.  The maximum gross weight allowed to be carried on a
  2490 livestock or construction vehicle on noninterstate highways is
  2500 as follows:  
  2520                      NONINTERSTATE HIGHWAYS
  2530                    MAXIMUM GROSS WEIGHT TABLE
  2540                LIVESTOCK OR CONSTRUCTION VEHICLE
  2550 Distance
  2560 in feet                     6 Axles  7 Axles
  2570    44                       80,500   80,500
  2580    45                       81,000   81,500
  2590    46                       81,500   82,500
  2600    47                       82,000   83,500
  2610    48                       83,000   84,000
  2620    49                       83,500   85,000
  2630    50                       84,000   86,000
  2640    51                       84,500   87,000
  2650    52                       85,000   88,000
  2660    53                       86,000   88,500
  2670    54                       86,500   89,500
  2680    55                       87,000   90,500
  2690    56                       87,500   91,500
  2700    57                       88,000   92,000
  2710    58                       89,000   93,000
  2720    59                       89,500   94,000
  2730    60                       90,000   95,000
  2740    61                                95,500
  2750    62                                96,000
  2770    5.  The weight on any one axle, including a tandem axle, of
  2780 a vehicle which is transporting livestock on highways not part
  2790 of the interstate system may exceed the legal maximum weight
  2800 given in this chapter providing that the gross weight on any
  2810 particular group of axles on such vehicle does not exceed the
  2820 gross weight allowable under this chapter for such groups of
  2830 axles.
  2840    6.  In addition, the weight on any one axle, including a
  2850 tandem axle, of a vehicle which is transporting raw materials
  2860 from a designated borrow site to a construction project or
  2870 transporting raw materials from a construction project, may
  2880 exceed the legal maximum weight otherwise allowed under this
  2890 chapter by ten percent if the gross weight on any particular
  2900 group of axles on the vehicle does not exceed the gross weight
  2910 allowed under this chapter for that group of axles.  However,
  2920 if the vehicle exceeds the ten percent tolerance allowed for
  2930 any one axle or tandem axle under this paragraph the fine to
  2940 be assessed for the axle or tandem axle shall be computed on
  2950 the difference between the actual weight and the ten percent
  2960 tolerance weight allowed for the axle or tandem axle under
  2970 this paragraph.  This paragraph applies only to vehicles
  2980 operating along a route of travel approved by the department.
  2990    7.  A vehicle or combination of vehicles transporting
  3000 materials to or from a construction project or commercial
  3010 plant site shall comply with the formula under this section
  3020 which is used for travel on highways that are part of the
  3030 interstate system.  This paragraph applies only to a vehicle
  3040 or combination of vehicles operating along a route of travel
  3050 approved by the department or appropriate local authority
  3060 shall comply with subsection 4, paragraph "a".
  3070    8.  A vehicle designed to tow wrecked or disabled vehicles
  3080 shall be exempt from the weight limitations in this section
  3090 while the vehicle is towing a wrecked or disabled vehicle.
  3100    9.  a.  A person who operates a vehicle in violation of the
  3110 provisions of this section, and an owner, or any other person,
  3120 employing or otherwise directing the operator of a vehicle,
  3130 who requires or knowingly permits the operation of a vehicle
  3140 in violation of the provisions of this section shall be fined
  3150 according to the following schedule:  
  3170                       AXLE, TANDEM AXLE,
  3180                       AND GROUP OF AXLES
  3190                        WEIGHT VIOLATIONS
  3210         Pounds Overloaded               Amount of Fine
  3220     Up to and including             $10 plus one-half cent
  3230        1,000 pounds                   per pound
  3240     Over 1,000 pounds to and        $15 plus one-half cent
  3250        including 2,000 pounds         per pound
  3260     Over 2,000 pounds to and        $80 plus three cents
  3270        including 3,000 pounds         per pound
  3280     Over 3,000 pounds to and        $100 plus four cents
  3290        including 4,000 pounds         per pound
  3300     Over 4,000 pounds to and        $150 plus five cents
  3310        including 5,000 pounds         per pound
  3320     Over 5,000 pounds to and        $200 plus seven cents
  3330        including 6,000 pounds         per pound
  3340     Over 6,000 pounds               $200 plus ten cents
  3350                                       per pound
  3370    b.  Fines for gross weight violations for vehicles or
  3380 combinations of vehicles shall be assessed at one-half of the
  3390 fine rate schedule for axle, tandem axle, and groups of axles
  3400 weight violations.
  3410    c.  Except as otherwise provided, the amount of the fine to
  3420 be assessed shall be computed on the difference between the
  3430 actual weight and the maximum legal weight specified in this
  3440 section by applying the appropriate rate in the preceding
  3450 schedule for the total amount of overload.
  3460    d.  The schedule of fines may be assessed in addition to
  3470 any other penalties provided for in this chapter.
  3480    10.  Overloads on axles and tandem axles and overloads on
  3490 groups of axles or on an entire vehicle or combination of
  3500 vehicles shall be considered as separate violations of the
  3510 provisions of this section.
  3520    11.  A person who issues or executes, or causes to be
  3530 issued or executed, a bill of lading, manifest, or shipping
  3540 document of any kind which states a false weight of the cargo
  3550 set forth on such bill, manifest, or document, which is less
  3560 than the actual weight of the cargo, shall, upon conviction,
  3570 be guilty of a simple misdemeanor.
  3580    Sec. 6.  NEW SECTION.  321.467  RETRACTABLE AXLES.
  3590    A vehicle which is a model year 1999 or later vehicle shall
  3600 not operate on a highway of this state with a retractable axle
  3610 unless the weight on the retractable axle can only be adjusted
  3620 by means of a manual device located on the vehicle that is not
  3630 accessible to the operator of the vehicle during operation of
  3640 the vehicle.  However, the controls for raising and lowering
  3650 the retractable axle may be accessible to the operator of the
  3660 vehicle while the vehicle is in operation.
  3670    Sec. 7.  Section 321E.7, subsection 1, Code 1997, is
  3680 amended to read as follows:
  3690    1.  The gross weight on any axle of any vehicle or
  3700 combination of vehicles traveling under a permit issued in
  3710 accordance with the provisions of this chapter shall not
  3720 exceed the maximum axle load prescribed in section 321.463;
  3730 except that, cranes being temporarily moved on streets, roads,
  3740 or highways may have a gross weight of twenty-four thousand
  3750 pounds on any single axle; and construction machinery being
  3760 temporarily moved on streets, roads, or highways may have a
  3770 gross weight of thirty-six thousand pounds on any single axle
  3780 equipped with a minimum size twenty-six point five-inch by
  3790 twenty-five-inch flotation pneumatic tires and a maximum gross
  3800 weight of twenty thousand pounds on any single axle equipped
  3810 with minimum size eighteen-inch by twenty-five-inch flotation
  3820 pneumatic tires, with the department authorized to adopt rules
  3830 to permit the use of tire sizes and weights within the minimum
  3840 and maximum specifications provided in this section, provided
  3850 that the total gross weight of the vehicle or a combination of
  3860 vehicles does not exceed a maximum of one hundred twenty-six
  3870 thousand pounds; and except that a manufacturer of machinery
  3880 or equipment manufactured or assembled in Iowa may be granted
  3890 a permit for the movement of such machinery or equipment
  3900 mounted on pneumatic tires with axle loads exceeding the
  3910 maximum axle load prescribed in section 321.463 for distances
  3920 not to exceed twenty-five miles at a speed not greater than
  3930 twenty miles per hour.  The movement of such machinery or
  3940 equipment shall be over a specified route between the place of
  3950 assembly or manufacture and a storage area, shipping point,
  3960 proving ground, experimental area, weighing station, or
  3970 another manufacturing plant.
  3980    Sec. 8.  Section 321E.8, Code 1997, is amended by adding
  3990 the following new subsection:
  4000    NEW SUBSECTION.  1A.  Vehicles with indivisible loads
  4010 having an overall width not to exceed twelve feet five inches
  4020 or mobile homes, including appurtenances, having an overall
  4030 width not to exceed twelve feet five inches and an overall
  4040 length not to exceed one hundred feet zero inches may be moved
  4050 on highways specified by the permitting authority for
  4060 unlimited distances if the height of the vehicle and load does
  4070 not exceed fourteen feet zero inches and the total gross
  4080 weight of the vehicle does not exceed one hundred thirty-six
  4090 thousand pounds.  The vehicle owner or operator shall verify
  4100 with the permitting authority prior to movement of the load
  4110 that highway conditions have not changed so as to prohibit
  4120 movement of the vehicle.  Any cost to repair damage to
  4130 highways or highway structures shall be borne by the owner or
  4140 operator of the vehicle causing the damage.  Permitted
  4150 vehicles under this subsection shall not be allowed to travel
  4160 on any portion of the interstate highway system.
  4170    Sec. 9.  Section 321E.9, Code 1997, is amended by adding
  4180 the following new subsection:
  4190    NEW SUBSECTION.  4.  Cranes, exceeding the maximum gross
  4200 weight on any axle as prescribed in section 321.463, but not
  4210 exceeding twenty-four thousand pounds, may be moved in
  4220 accordance with rules adopted pursuant to chapter 17A.
  4230    Sec. 10.  Section 321E.9A, subsection 1, Code 1997, is
  4240 amended to read as follows:
  4250    1.  Vehicles with indivisible loads having an overall
  4260 length not to exceed one hundred twenty feet, an overall width
  4270 not to exceed eleven sixteen feet, and an overall of any
  4280 height not to exceed fourteen feet, four inches, may be moved
  4290 on highways specified by the permitting authority, provided
  4300 the gross weight on any one axle shall not exceed the maximum
  4310 prescribed in section 321.463 and the total gross weight is
  4320 not greater than one hundred fifty-six thousand pounds.
  4330    Sec. 11.  Section 321E.14, unnumbered paragraph 1, Code
  4340 1997, is amended to read as follows:
  4350    The department or local authorities issuing permits shall
  4360 charge a fee of twenty-five dollars for an annual permit
  4370 issued under section 321E.8, subsection 1, 2, or 3, a fee of
  4380 one three hundred dollars for an annual permit issued under
  4390 section 321E.8, subsection 1A, a fee of two hundred dollars
  4400 for a multi-trip permit, and a fee of ten dollars for a
  4410 single-trip permit, and shall determine charges for special
  4420 permits issued pursuant to section 321E.29 by rules adopted
  4430 pursuant to chapter 17A.  Fees for the movement of buildings,
  4440 parts of buildings, or unusual vehicles or loads may be
  4450 increased to cover the costs of inspections by the issuing
  4460 authority.  A fee not to exceed two hundred fifty dollars per
  4470 day or a prorated fraction of that fee per person and car for
  4480 escort service may be charged when requested or when required
  4490 under this chapter.  Proration of escort fees between state
  4500 and local authorities when more than one governmental
  4510 authority provides or is required to provide escort for a
  4520 movement during the period of a day shall be determined by
  4530 rule under section 321E.15.  The department and local
  4540 authorities may charge a permit applicant for the cost of
  4550 trimming trees and removal and replacement of natural
  4560 obstructions or official signs and signals or other public or
  4570 private property required to be removed during the movement of
  4580 a vehicle and load.  In addition to the fees provided in this
  4590 section, the annual fee for a permit for special mobile
  4600 equipment, as defined in section 321.1, subsection 75,
  4610 operated pursuant to section 321E.7, subsection 2, with a
  4620 combined gross weight up to and including eighty thousand
  4630 pounds shall be twenty-five dollars and for a combined gross
  4640 weight exceeding eighty thousand pounds, fifty dollars.
  4650    Sec. 12.  EFFECTIVE DATES.
  4660    1.  Section 3 of this Act takes effect July 1, 1999.
  4670    2.  The maximum gross vehicle weight provisions in section
  4680 321.463, subsection 4, paragraph "c", take effect for vehicles
  4690 operating on the primary road system on July 1, 1997, and take
  4700 effect for vehicles operating on the urban and secondary road
  4710 system on December 31, 1998.  However, prior to December 31,
  4720 1998, routes of travel on the urban and secondary system by
  4730 vehicles weighing ninety-six thousand pounds may be approved
  4740 by local authorities.  
  4760 
  4770 
  4780                                                             
  4790                               RON J. CORBETT
  4800                               Speaker of the House
  4810 
  4820 
  4830                                                             
  4840                               MARY E. KRAMER
  4850                               President of the Senate
  4860 
  4870    I hereby certify that this bill originated in the House and
  4880 is known as House File 416, Seventy-seventh General Assembly.
  4890 
  4900 
  4910                                                             
  4920                               ELIZABETH ISAACSON
  4930                               Chief Clerk of the House
  4940 Approved                , 1997
  4950 
  4960 
  4970                         
  4980 TERRY E. BRANSTAD
  4990 Governor
     

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