Text: HF00655 Text: HF00657 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.449, Code 1997, is amended to read 1 2 as follows: 1 3 321.449 MOTOR CARRIER SAFETY RULES. 1 4 1. A person shall not operate a commercial vehicle on the 1 5 highways of this state except in compliance with rules adopted 1 6 by the department under chapter 17A. The rules shall be 1 7 consistent with the federal motor carrier safety regulations 1 8 promulgated under United States Code, Title 49, and found in 1 9 49 C.F.R. } 390-399 and adopted under chapter 17A which rules 1 10 shall be to a date certain. 1 11 2. Rules adopted under this section concerning driver 1 12 qualifications, hours of service, and recordkeeping 1 13 requirements do not apply to the operators of public utility 1 14 trucks, trucks hauling gravel, construction trucks and 1 15 equipment, trucks moving implements of husbandry, and special 1 16 trucks, other than a truck tractor, operating intrastate. 1 17 Trucks for hire on construction projects are not exempt from 1 18 this section. 1 19 3. Rules adopted under this section concerning driver age 1 20 qualifications do not apply to drivers for private and for- 1 21 hire motor carriers which operate solely intrastate except 1 22 when the vehicle being driven is transporting a hazardous 1 23 material in a quantity which requires placarding. The minimum 1 24 age for the exempted intrastate operations is eighteen years 1 25 of age. 1 26 4. Notwithstanding other provisions of this section, rules 1 27 adopted under this section for drivers of commercial vehicles 1 28 shall not apply to a driver of a commercial vehicle who is 1 29 engaged exclusively in intrastate commerce, when the 1 30 commercial vehicle's gross vehicle weight rating is 26,000 1 31 pounds or less, unless the vehicle is used to transport 1 32 hazardous materials requiring a placard or if the vehicle is 1 33 designed to transport more than fifteen passengers, including 1 34 the driver. For the purpose of complying with the hours of 1 35 service recordkeeping requirements under 49 C.F.R. } 2 1 395.1(e)(5), a driver's report of daily beginning and ending 2 2 on-duty time submitted to the motor carrier at the end of each 2 3 work week shall be considered acceptable motor carrier time 2 4 records. In addition, rules adopted under this section shall 2 5 not apply to a driver for a farm operation as defined in 2 6 section 352.2, or for an agricultural interest when the 2 7 commercial vehicle is operated between the farm as defined in 2 8 section 352.2 and another farm, between the farm and a market 2 9 for farm products, or between the farm and an agribusiness 2 10 location. A driver or a driver-salesperson for a private 2 11 carrier, who is not for hire and who is engaged exclusively in 2 12 intrastate commerce, may drive twelve hours, be on duty 2 13 sixteen hours in a twenty-four hour period and be on duty 2 14 seventy hours in seven consecutive days or eighty hours in 2 15 eight consecutive days. A driver-salesperson means as defined 2 16 in 49 C.F.R. } 395.2, adopted as of a specific date by the 2 17 department by rule. 2 18 5. Notwithstanding other provisions of this section, rules 2 19 adopted under this section concerning physical and medical 2 20 qualifications for drivers of commercial vehicles engaged in 2 21 intrastate commerce shall not be construed as disqualifying 2 22 any individual who was employed as a driver of commercial 2 23 vehicles engaged in intrastate commerce whose physical or 2 24 medical condition existed prior toJuly 29December 31, 1996. 2 25 6. Notwithstanding other provisions of this section, rules 2 26 adopted under this section concerning physical and medical 2 27 qualifications for a driver shall not apply to a farmer or a 2 28 farmer's hired help when operating a vehicle owned by the 2 29 farmer while it is being used in connection with the 2 30 intrastate transportation of fertilizers and chemicals used in 2 31 the farmer's crop production. 2 32 7. Notwithstanding other provisions of this section, rules 2 33 adopted under this section concerning physical and medical 2 34 qualifications for a driver shall not apply to a farmer or a 2 35 farmer's hired help when operating a vehicle owned by the 3 1 farmer while it is being used in connection with the 3 2 intrastate transportation of agricultural commodities or feed. 3 3 8. Notwithstanding other provisions of this section, rules 3 4 adopted under this section shall not impose any requirements 3 5 which impose any restrictions upon a person operating an 3 6 implement of husbandry or pickup to transport fertilizers and 3 7 pesticides in that person's agricultural operations. 3 8 9. Rules adopted under this section concerning periodic 3 9 inspections shall not apply to special trucks as defined in 3 10 section 321.1, subsection 76, and registered under section 3 11 321.121. 3 12 10. Rules adopted under this section shall not apply to 3 13 vehicles used in combination provided the gross vehicle weight 3 14 rating of the towing unit is ten thousand pounds or less and 3 15 the gross combination weight rating is twenty-six thousand 3 16 pounds or less. 3 17 EXPLANATION 3 18 This bill amends Code section 321.449 to provide that the 3 19 section or rules adopted in accordance with the section do not 3 20 disqualify a person employed as a driver of commercial 3 21 vehicles engaged in commerce within the state prior to 3 22 December 31, 1996, who had a physical or medical condition 3 23 which also existed prior to December 31, 1996, from employment 3 24 as a driver of commercial vehicles engaged in intrastate 3 25 commerce. 3 26 LSB 2596YH 77 3 27 mk/jw/5
Text: HF00655 Text: HF00657 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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