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PAG LIN 1 1 Section 1. Section 321.1, subsection 64A, Code 1997, is 1 2 amended to read as follows: 1 3 64A. "Roadconstructionwork zone" means the portion of a 1 4 highway which is identified by posted or moving signs asbeing1 5underthe site of construction, maintenance, survey, or 1 6 utility work. The zone starts upon meeting the first sign 1 7 identifying the zone and continues until a posted or moving 1 8 sign indicates that theconstructionwork zone has ended. 1 9 Sec. 2. Section 321.34, Code 1997, is amended by adding 1 10 the following new subsections: 1 11 NEW SUBSECTION. 11A. LOVE OUR KIDS PLATES. 1 12 a. Upon application and payment of the proper fees, the 1 13 director may issue "love our kids" plates to the owner of a 1 14 motor vehicle subject to registration under section 321.109, 1 15 subsection 1, light delivery truck, panel delivery truck, 1 16 pickup, motor home, multipurpose vehicle, or travel trailer. 1 17 b. Love our kids plates shall be designed by the 1 18 department in cooperation with the Iowa department of public 1 19 health. 1 20 c. The special fee for letter number designated love our 1 21 kids plates is thirty-five dollars. The fee for personalized 1 22 love our kids plates is twenty-five dollars, which shall be 1 23 paid in addition to the special love our kids fee of thirty- 1 24 five dollars. The fees collected by the director under this 1 25 subsection shall be paid monthly to the treasurer of state and 1 26 credited to the road use tax fund. Notwithstanding section 1 27 423.24, and prior to the crediting of revenues to the road use 1 28 tax fund under section 423.24, subsection 1, paragraph "d", 1 29 the treasurer of state shall transfer monthly from those 1 30 revenues to the Iowa department of public health the amount of 1 31 the special fees collected in the previous month for the love 1 32 our kids plates. 1 33 d. Upon receipt of the special registration plates, the 1 34 applicant shall surrender the current registration receipt and 1 35 plates to the county treasurer. The county treasurer shall 2 1 validate the special registration plates in the same manner as 2 2 regular registration plates are validated under this section. 2 3 The annual special love our kids fee for letter number 2 4 designated plates is ten dollars, which shall be paid in 2 5 addition to the regular annual registration fee. The annual 2 6 fee for personalized love our kids plates is five dollars, 2 7 which shall be paid in addition to the annual special love our 2 8 kids fee and the regular annual registration fee. The annual 2 9 love our kids fee shall be credited as provided under 2 10 paragraph "c". 2 11 NEW SUBSECTION. 11B. MOTORCYCLE RIDER EDUCATION PLATES. 2 12 a. Upon application and payment of the proper fees, the 2 13 director may issue "motorcycle rider education" plates to the 2 14 owner of a motor vehicle subject to registration under section 2 15 321.109, subsection 1, light delivery truck, panel delivery 2 16 truck, pickup, motor home, multipurpose vehicle, or travel 2 17 trailer. 2 18 b. Motorcycle rider education plates shall be designed by 2 19 the department in cooperation with the motorcycle rider 2 20 education organization. 2 21 c. The special fee for letter number designated motorcycle 2 22 rider education plates is thirty-five dollars. The fee for 2 23 personalized motorcycle rider education plates is twenty-five 2 24 dollars, which shall be paid in addition to the special 2 25 motorcycle rider education fee of thirty-five dollars. The 2 26 fees collected by the director under this subsection shall be 2 27 paid monthly to the treasurer of state and credited to the 2 28 road use tax fund. Notwithstanding section 423.24, and prior 2 29 to the crediting of revenues to the road use tax fund under 2 30 section 423.24, subsection 1, paragraph "d", the treasurer of 2 31 state shall transfer monthly from those revenues to the 2 32 department for use in accordance with section 321.189, 2 33 subsection 9, the amount of the special fees collected in the 2 34 previous month for the motorcycle rider education plates. 2 35 d. Upon receipt of the special registration plates, the 3 1 applicant shall surrender the current registration receipt and 3 2 plates to the county treasurer. The county treasurer shall 3 3 validate the special registration plates in the same manner as 3 4 regular registration plates are validated under this section. 3 5 The annual special motorcycle rider education fee for letter 3 6 number designated plates is ten dollars, which shall be paid 3 7 in addition to the regular annual registration fee. The 3 8 annual fee for personalized motorcycle rider education plates 3 9 is five dollars, which shall be paid in addition to the annual 3 10 special motorcycle rider education fee and the regular annual 3 11 registration fee. The annual motorcycle rider education fee 3 12 shall be credited as provided under paragraph "c". 3 13 Sec. 3. Section 321.34, subsection 13, paragraph c, Code 3 14 1997, is amended to read as follows: 3 15 c.If theThe departmentrecommends approval of a proposed3 16special registration plate, the department shall forward the3 17recommendation to the committees on transportation of the3 18general assembly by January 15 of each yearshall adopt rules 3 19 pursuant to chapter 17A regarding the approval and issuance of 3 20 special registration plates.The proposed special3 21registration plate shall not be issued unless the special3 22registration plate is enacted into law.3 23 Sec. 4. Section 321.34, subsection 13, Code 1997, is 3 24 amended by adding the following new paragraph: 3 25 NEW PARAGRAPH. d. A person submitting a request under 3 26 paragraph "a" may also request that an additional fee be 3 27 assessed for the plate in addition to the fees provided in 3 28 subsection 5 or 12. The additional fee is thirty-five 3 29 dollars. Special plates subject to the additional fee under 3 30 this section shall be validated upon payment of an additional 3 31 annual registration fee of ten dollars. Fees collected 3 32 pursuant to this paragraph shall be paid monthly to the 3 33 treasurer of state and credited to the road use tax fund. 3 34 Notwithstanding section 423.24 and prior to the crediting of 3 35 the revenue to the road use tax fund under section 423.24, 4 1 subsection 1, paragraph "d", the treasurer of state shall 4 2 credit to the person monthly the amount of the fees collected 4 3 pursuant to this paragraph in the previous month. 4 4 Sec. 5. Section 321.40, unnumbered paragraph 4, Code 1997, 4 5 is amended to read as follows: 4 6 The county treasurer shall refuse to renew the registration 4 7 of a vehicle registered to a person when notified by the 4 8 department through the distributed teleprocessing network that 4 9 the person has not paid restitution as defined under section 4 10 910.1, subsection43, tothea clerk of the court located 4 11 withinthat countythe state. Each clerk of court shall, 4 12subject to this section shallon a daily basis,by the last4 13day of each month,notify thecounty treasurer of that county4 14 department through the Iowa court information system of the 4 15 full name and social security number of all persons who owe 4 16 delinquent restitution and whose restitution obligation has 4 17 been satisfied or cancelled.Immediately upon the4 18cancellation or satisfaction of the restitution the clerk of4 19court shall notify the county treasurer if that person's name4 20appeared on the last list furnished to the county treasurer.4 21 This paragraph does not apply to the transfer of a 4 22 registration or the issuance of a new registration.The4 23provisions of this paragraph are applicable to counties with a4 24population of twenty-five thousand or more. The provisions of4 25this paragraph shall be applicable to any county with a4 26population of less than twenty-five thousand upon the adoption4 27of a resolution by the county board of supervisors so4 28providing.4 29 Sec. 6. Section 321.166, subsection 1, Code 1997, is 4 30 amended by adding the following new unnumbered paragraph: 4 31 NEW UNNUMBERED PARAGRAPH. Trailers with empty weights of 4 32 two thousand pounds or less may, upon request, be licensed 4 33 with regular-sized license plates. 4 34 Sec. 7. Section 321.166, subsection 8, Code 1997, is 4 35 amended to read as follows: 5 1 8. The owner of a trailer with an empty weight of two 5 2 thousand pounds or less shall receive registration plates for 5 3 the trailer smaller than plates regularly issued for 5 4 automobiles pursuant to rules adopted by the department in 5 5 accordance with this section unless the owner requests 5 6 regular-sized plates. 5 7 Sec. 8. Section 321.210, subsection 1, Code 1997, is 5 8 amended to read as follows: 5 9 1. The department is authorized to establish rules 5 10 providing for the suspension of the license of an operator 5 11 upontwentythirty days' notice and without preliminary 5 12 hearing upon a showing by its records or other sufficient 5 13 evidence that the licensee: 5 14 a. Is an habitually reckless or negligent driver of a 5 15 motor vehicle. 5 16 b. Is an habitual violator of the traffic laws. 5 17 c. Is physically or mentally incapable of safely operating 5 18 a motor vehicle. 5 19 d. Has permitted an unlawful or fraudulent use of the 5 20 license. 5 21 e. Has committed an offense or acted in a manner in 5 22 another state or foreign jurisdiction which in this state 5 23 would be grounds for suspension or revocation. 5 24 f. Has committed a serious violation of the motor vehicle 5 25 laws of this state. 5 26 g. Is subject to a license suspension under section 5 27 321.513. 5 28 Prior to a suspension taking effect under paragraph "a", 5 29 "b", "c", "d", "e", or "f", the licensee shall have received 5 30 thirty days' advance notice of the effective date of the 5 31 suspension. Notwithstanding the terms of the Iowa 5 32 administrative procedure Act, chapter 17A, the filing of a 5 33 petition for judicial review shall, except for suspensions 5 34 under paragraph "c", operate to stay the suspension pending 5 35 the determination by the district court. 6 1 Sec. 9. Section 321.218, subsection 1, Code 1997, is 6 2 amended to read as follows: 6 3 1. A person whose motor vehicle license or operating 6 4 privilege has been denied, canceled, suspended, or revoked as 6 5 provided in this chapter or as provided in section 252J.8 or 6 6 section 901.5, subsection 10, and who operates a motor vehicle 6 7 upon the highways of this state while the license or privilege 6 8 is denied, canceled, suspended, or revoked, commits a serious 6 9 misdemeanor. 6 10 Sec. 10. Section 321.233, Code 1997, is amended to read as 6 11 follows: 6 12 321.233 ROAD WORKERS EXEMPTED. 6 13 This chapter, except sections 321.277 and 321.280, does not 6 14 apply to persons and motor vehicles and other equipment while 6 15 actually engaged in work upon the surface of a highway 6 16 officially closed to traffic but does apply to such persons 6 17 and vehicles when traveling to or from such work. The minimum 6 18 speed restriction of section 321.285, subsection 6, and the 6 19 provisions of sections 321.297 and 321.298 do not apply to 6 20 road workers operating maintenance equipmentowned by or under6 21lease toon behalf of any state or local authority while 6 22 engaged in road maintenance, road blading, snow and ice 6 23 control and removal, and granular resurfacing work on a 6 24 highway, whether or not the highway is closed to traffic. 6 25 Sec. 11. Section 321.253, unnumbered paragraph 2, Code 6 26 1997, is amended to read as follows: 6 27 The department shall post signs informing motorists that 6 28 the scheduled fine for committing a moving traffic violation 6 29 in a roadconstructionwork zone is doubledor is one hundred6 30dollars, whichever is less. 6 31 Sec. 12. Section 321.288, subsection 6, Code 1997, is 6 32 amended to read as follows: 6 33 6. When approaching and passing through a sign posted 6 34construction or maintenanceroad work zone upon the public 6 35 highway. 7 1 Sec. 13. Section 321.463, Code 1997, is amended by adding 7 2 the following new unnumbered paragraph after unnumbered 7 3 paragraph 3: 7 4 NEW UNNUMBERED PARAGRAPH. Machinery defined in section 7 5 321.1, subsection 32, paragraph "f", shall be operated in 7 6 compliance with section 321.463. However, machinery used 7 7 exclusively for mixing and dispensing nutrients to bovine 7 8 animals at feedlots is not required to comply with section 7 9 321.463 until July 1, 1999. 7 10 Sec. 14. Section 321.491, unnumbered paragraph 2, Code 7 11 1997, is amended to read as follows: 7 12 Within ten days after the conviction or forfeiture of bail 7 13 of a person upon a charge of violating any provision of this 7 14 chapter or other law regulating the operation of vehicles on 7 15 highways every magistrate of the court or clerk of the 7 16 district court of record in which the conviction occurred or 7 17 bail was forfeited shall prepare and immediately forward to 7 18 the department an abstract of the record of the case. The 7 19 abstract must be certified by the person preparing it to be 7 20 true and correct. The clerk of the district court shall 7 21 collect a fee of fifty cents for each copy of any record of 7 22 conviction or forfeiture of bail furnished in paper form or by 7 23 electronic process to any requestor except the department or 7 24 other local, state, or federal government entity. Moneys 7 25 collected under this section shall be transferred to the 7 26 department as a repayment receipt, as defined in section 8.2, 7 27 to enhance the efficiency of the department to process records 7 28 and information between the department and the Iowa court 7 29 information system. 7 30 Sec. 15. Section 321.555, subsection 1, Code 1997, is 7 31 amended by adding the following new paragraphs: 7 32 NEW PARAGRAPH. g. Eluding or attempting to elude a 7 33 pursuing law enforcement vehicle in violation of section 7 34 321.279. 7 35 NEW PARAGRAPH. h. Serious injury by a vehicle in 8 1 violation of section 707.6A, subsection 3. 8 2 Sec. 16. Section 321J.13, subsection 3, Code 1997, is 8 3 amended to read as follows: 8 4 3. After the hearing the department shall order that the 8 5 revocation be either rescinded or sustained. Upon receipt of 8 6 the decision of the department to sustain a revocation, the 8 7 person contesting the revocation has ten days to file a 8 8 request for review of the decision by the director. The 8 9 director or the director's designee shall review the decision 8 10 withinfifteenthirty days and shall either rescind or sustain 8 11 the revocation or order a new hearing. If the director orders 8 12 a new hearing, the department shall grant the person a new 8 13 hearing within twenty days of the director's order. 8 14 Sec. 17. Section 321J.13, subsection 4, Code 1997, is 8 15 amended by striking the subsection. 8 16 Sec. 18. Section 322C.6, unnumbered paragraph 1, Code 8 17 1997, is amended to read as follows: 8 18 A license issued under section 322C.4or 322C.9may be 8 19 denied, revoked, or suspended, after opportunity for a hearing 8 20 before the department of inspections and appeals in accordance 8 21 with chapters 10A and 17A, if it is determined that the 8 22 licensee or applicant has done any of the following: 8 23 Sec. 19. Section 322C.11, Code 1997, is amended to read as 8 24 follows: 8 25 322C.11 PENALTIES. 8 26 A person violating a provision of section 322C.3, 322C.7 or8 27322C.8is guilty of a serious misdemeanor. 8 28 Sec. 20. NEW SECTION. 325A.1 DEFINITIONS. 8 29 As used in this chapter: 8 30 1. "Department" means the state department of 8 31 transportation. 8 32 2. "Highway" means a street, road, bridge, or thoroughfare 8 33 of any kind in this state. 8 34 3. "Interstate motor carrier number" means a United States 8 35 department of transportation number or motor carrier number 9 1 issued by the federal highway administration. 9 2 4. "Intrastate" means a movement of property or passengers 9 3 from one location to another within this state. "Intrastate" 9 4 does not include transportation of property or passengers 9 5 which is a furtherance of an interstate movement. 9 6 5. "Motor carrier" means a person defined in subsection 7, 9 7 8, or 9. 9 8 6. "Motor carrier certificate" means a certificate issued 9 9 by the department to any person transporting passengers on any 9 10 highway of this state for hire. This certificate is 9 11 transferable. 9 12 7. "Motor carrier of household goods" means a person 9 13 engaged in the transportation, for hire, of personal effects 9 14 and property used or to be used in a dwelling, and includes 9 15 the following: 9 16 a. Furniture, fixtures, equipment and the property of 9 17 stores, offices, museums, institutions, hospitals, or other 9 18 establishments when a part of the stock, equipment, or supply 9 19 of such establishment; except, this paragraph shall not be 9 20 construed to include the stock-in-trade of any establishment, 9 21 except when transported as an incident to the removal of the 9 22 establishment from one location to another. 9 23 b. Articles including objects of art, displays, and 9 24 exhibits, which because of their unusual nature or value, 9 25 require the specialized handling and equipment usually 9 26 employed in moving household goods. 9 27 8. "Motor carrier of liquid commodities" means a person 9 28 engaged in the transportation, for hire, of liquid commodities 9 29 or compressed gases in bulk upon any highway in this state. 9 30 9. "Motor carrier of property" means a person engaged in 9 31 the transportation, for hire, of property by motor vehicle. 9 32 10. "Motor carrier permit" means a permit issued by the 9 33 department to any person operating any motor vehicle on any 9 34 highway of this state to transport property for hire. This 9 35 permit is not transferable. 10 1 11. "Motor vehicle" means an automobile, motor truck, 10 2 truck tractor, road tractor, motor bus, or other self- 10 3 propelled vehicle, or a trailer, semitrailer, or other device 10 4 used in connection with the transportation of property or 10 5 passengers. "Motor vehicle" does not include a motor vehicle 10 6 owned by a school district or used exclusively in conveying 10 7 school children to and from school or school activities. 10 8 12. "Private carrier" means a person who provides 10 9 transportation of property or passengers by motor vehicle, is 10 10 not a for-hire motor carrier, or transports commodities of 10 11 which the person is the owner, lessee, or bailee and the 10 12 transportation is a furtherance of the person's primary 10 13 business or occupation. 10 14 13. "Transportation for-hire" means all transportation of 10 15 property or passengers made available by a person for 10 16 compensation. 10 17 Sec. 21. NEW SECTION. 325A.2 DUTIES OF DEPARTMENT. 10 18 The department shall do all of the following: 10 19 1. Prescribe and enforce safety and financial 10 20 responsibility regulations for motor carriers and require the 10 21 filing of reports regarding safety and financial 10 22 responsibility. 10 23 2. Approve a tariff for motor carriers of household goods. 10 24 3. Issue, amend, suspend, or revoke motor carrier permits 10 25 and certificates. 10 26 Sec. 22. NEW SECTION. 325A.3 APPLICATION AND ISSUANCE OF 10 27 PERMIT OR CERTIFICATE. 10 28 1. Upon the filing of an application by a motor carrier 10 29 and compliance with the terms and conditions of this chapter, 10 30 the department shall issue to the applicant a permit or 10 31 certificate. The actual operation by a motor carrier of a 10 32 motor vehicle shall not begin without the permit or 10 33 certificate being issued by the department. 10 34 2. All applications shall be in writing and contain the 10 35 following: 11 1 a. The name and tax identification number of the person 11 2 making the application. 11 3 b. The applicant's principal place of business. 11 4 c. The type of permit or certificate being requested. 11 5 d. A signed statement agreeing to comply with all 11 6 applicable safety regulations as prescribed by the department. 11 7 e. A copy of all existing tariffs provided to the 11 8 department for approval by motor carriers of household goods. 11 9 f. A financial statement completed by motor carriers of 11 10 liquid commodities or passengers from which the department can 11 11 determine the financial fitness of the applicant to engage in 11 12 the transport of liquid commodities or passengers. 11 13 g. A sponsor certification of support statement provided 11 14 by charter carriers establishing a need for the proposed 11 15 service. 11 16 h. A verification of required insurance coverage as 11 17 required in section 325A.6, in a form prescribed by the 11 18 department. Verification of required cargo insurance may, but 11 19 need not, be included on the form. 11 20 3. The provisions of subsection 2, paragraphs "f" and "g", 11 21 shall not apply to the transportation of dairy products. 11 22 4. Motor carriers of liquid commodities or passengers 11 23 shall complete a motor carrier safety education seminar 11 24 provided by the department. This seminar must be completed 11 25 within six months of the permit or certificate issuance. 11 26 Sec. 23. NEW SECTION. 325A.4 FEES. 11 27 1. The department shall charge the following fees: 11 28 a. One hundred fifty dollars for a new application. 11 29 b. One hundred fifty dollars for a reinstatement. 11 30 c. Twenty-five dollars to change an address or name. 11 31 d. Ten dollars for tariff updates. 11 32 e. One hundred fifty dollars to transfer a passenger 11 33 certificate. 11 34 f. Twenty-five dollars for a duplicate permit or 11 35 certificate. 12 1 2. Changes in ownership of motor carrier permits require a 12 2 new application and the new application fee of one hundred 12 3 fifty dollars shall be assessed. 12 4 3. The department shall collect a fee of two hundred 12 5 dollars to cover the cost of the motor carrier safety 12 6 education seminar. 12 7 Sec. 24. NEW SECTION. 325A.5 FEES – CREDITED TO ROAD 12 8 USE TAX FUND – SEMINAR RECEIPTS. 12 9 All fees received for applications and permits or 12 10 certificates under this chapter shall be remitted to the 12 11 treasurer of state and credited to the road use tax fund. All 12 12 fees collected for the motor carrier safety education seminar 12 13 shall be considered a repayment receipt as defined in section 12 14 8.2, and shall be remitted to the department to be used to pay 12 15 for the seminars. 12 16 Sec. 25. NEW SECTION. 325A.6 INSURANCE. 12 17 All motor carriers subject to this chapter shall have 12 18 minimum insurance coverage which meets the limits established 12 19 in the federal motor carrier safety regulations in 49 C.F.R. 12 20 ch. 387. 12 21 Sec. 26. NEW SECTION. 325A.7 CHARGES. 12 22 All charges filed under the tariff by any motor carrier of 12 23 household goods for any service shall be just, reasonable, and 12 24 nondiscriminating and every unjust, unreasonable, or 12 25 discriminating charge for such service or any part thereof is 12 26 prohibited and declared unlawful. 12 27 Sec. 27. NEW SECTION. 325A.8 REQUIRED MARKING. 12 28 The motor carrier shall attach distinctive markings or tags 12 29 to each motor vehicle. If a motor vehicle has both an 12 30 interstate and intrastate motor carrier number, only the 12 31 interstate motor carrier number must be displayed. 12 32 If a motor carrier is renting a vehicle on a daily basis, a 12 33 copy of the lease must be carried in the vehicle. Violation 12 34 of this section is a scheduled violation subject to the fine 12 35 provided in section 805.8, subsection 2, paragraph "ad". 13 1 Sec. 28. NEW SECTION. 325A.9 ADVERTISING. 13 2 An advertisement to the general public concerning for-hire 13 3 transportation must include the permit or motor carrier 13 4 certificate number issued under this chapter. 13 5 Sec. 29. NEW SECTION. 325A.10 RULES FOR OPERATION. 13 6 The department shall adopt rules pursuant to chapter 17A as 13 7 necessary to govern and control the operation, maintenance, 13 8 and inspection of vehicles covered by this chapter upon the 13 9 highways. 13 10 Sec. 30. NEW SECTION. 325A.11 PASSENGER TRANSPORTATION. 13 11 In addition to the requirements of subchapter 1, motor 13 12 carriers of passengers and charter carriers shall comply with 13 13 the requirements of this subchapter. 13 14 Sec. 31. NEW SECTION. 325A.12 DEFINITIONS. 13 15 As used in this subchapter: 13 16 1. "Car pool" means transportation of a group of at least 13 17 two riders in a motor vehicle having a seating capacity of not 13 18 more than eight passengers between a rider's, owner's, or 13 19 operator's residence or other designated location and a 13 20 rider's, owner's, or operator's place of employment or other 13 21 common destination of the group, if the motor vehicle is 13 22 driven by one of the members of the group. 13 23 2. "Charter" means an agreement whereby the owner of a 13 24 motor vehicle lets the motor vehicle to a group of persons as 13 25 one party for a specified sum and for a specified act of 13 26 transportation at a specified time and over an irregular 13 27 route. 13 28 3. "Charter carrier" means a person engaged in the 13 29 business of transporting the public by motor vehicle under 13 30 charter. "Charter carrier" does not include any of the 13 31 following: 13 32 a. Taxicabs with a seating capacity of not more than eight 13 33 passengers, or persons having a license, contract, or 13 34 franchise with an Iowa city to carry or transport passengers 13 35 for-hire while operating within the guidelines of the license, 14 1 contract, or franchise. 14 2 b. A city engaged in the business of carrying or 14 3 transporting passengers for-hire over regular routes. 14 4 c. School bus operators when engaged in transportation 14 5 involving any school activity. 14 6 d. A regular-route motor carrier of passengers. 14 7 4. "Regional transit system" means a public transit system 14 8 serving one county or all or part of a multicounty area whose 14 9 boundaries correspond to the same boundaries as those of the 14 10 regional planning areas designated by the governor except as 14 11 agreed upon by the county or the department. Each county 14 12 board of supervisors within the region is responsible for 14 13 determining the service and funding within its county. 14 14 However, the administration and overhead support services for 14 15 the overall regional transit system shall be consolidated into 14 16 one existing or new agency to be mutually agreed upon by the 14 17 participating members. Privately chartered bus services and 14 18 uses other than providing services that are open and public on 14 19 a shared-ride basis shall not be construed to be a regional 14 20 transit system. 14 21 5. "Regular-route motor carrier of passengers" means a 14 22 person engaged in the for-hire transportation of passengers by 14 23 motor vehicle over regular routes by scheduled service and 14 24 available to the general public. 14 25 6. "Van pool" means transportation of a group of riders in 14 26 a vehicle having a seating capacity of not less than eight 14 27 passengers and not more than fifteen passengers between a 14 28 rider's, owner's, or operator's residence or other designated 14 29 location and a rider's, owner's, or operator's place of 14 30 employment or other common destination of the group, if the 14 31 vehicle is driven by one of the members of the group. 14 32 Sec. 32. NEW SECTION. 325A.13 CERTIFICATE OF CONVENIENCE 14 33 AND NECESSITY AND REGULAR-ROUTE PASSENGER CERTIFICATE. 14 34 1. It is unlawful for a charter carrier to transport 14 35 passengers by motor vehicle for hire from any point or place 15 1 in this state to another place in this state irrespective of 15 2 the route or highway traversed, without first having obtained 15 3 from the department a certificate declaring that public 15 4 convenience and necessity require the operation. 15 5 2. a. It is unlawful for a regular-route motor carrier of 15 6 passengers to transport passengers for-hire upon the highways 15 7 of this state in intrastate commerce without first having 15 8 obtained from the department a regular-route passenger 15 9 certificate. The department shall issue a regular-route 15 10 passenger certificate without hearing, if the department finds 15 11 that the applicant is fit, willing, and able. 15 12 b. In determining whether a regular-route motor carrier of 15 13 passengers is fit, willing, and able, the department shall 15 14 only consider the applicant's compliance with safety, 15 15 financial fitness, and insurance requirements. 15 16 c. A regular-route passenger certificate authorizing the 15 17 transportation of passengers includes the authority to 15 18 transport newspapers, baggage of passengers, express packages, 15 19 or mail in the same motor vehicle with passengers. 15 20 d. A regular-route motor carrier of passengers holding a 15 21 regular-route passenger certificate may at any time commence 15 22 scheduled service over any regular route from any point or 15 23 place in this state to another place in this state 15 24 irrespective of the route or highway traversed and may at any 15 25 time discontinue any part of its regular-route service. 15 26 e. A regular-route motor carrier of passengers granted a 15 27 certificate prior to the effective date of this Act, which 15 28 authorized motor carrier passenger operations, may continue to 15 29 provide motor carrier passenger service with all rights and 15 30 privileges granted by a regular-route passenger certificate 15 31 issued under this section. 15 32 f. A regular-route motor carrier of passengers shall not 15 33 operate as a charter carrier in this state unless it possesses 15 34 a certificate of convenience and necessity to engage in the 15 35 business of a charter carrier. 16 1 g. An Iowa urban transit system as defined in section 16 2 452A.57, subsection 6, may operate within the metropolitan 16 3 area which it serves and between its service area and another 16 4 city which is located not more than ten miles from its service 16 5 area without obtaining a regular-route passenger certificate 16 6 if the other city is not served by another motor carrier of 16 7 passengers operating under a regular-route passenger 16 8 certificate. 16 9 3. A motor carrier providing primarily passenger service 16 10 for elderly, handicapped, and other transportation- 16 11 disadvantaged persons is exempt from the certification 16 12 requirements of this section if it satisfies all of the 16 13 following requirements: 16 14 a. The motor carrier is not a corporation organized for- 16 15 profit under the laws of Iowa or any other state or the motor 16 16 carrier is a governmental organization. 16 17 b. The motor carrier received or receives operating funds 16 18 from federal, state, or local government sources. 16 19 c. The motor carrier does not duplicate a transportation 16 20 service provided by a motor carrier issued a regular-route 16 21 passenger certificate. 16 22 4. A person operating a motor vehicle in a car pool or van 16 23 pool is exempt from the requirement of this chapter. 16 24 5. Except for a person operating a car pool or van pool, 16 25 each motor carrier exempt from the requirement for obtaining a 16 26 certificate under this section shall obtain a nontransferable 16 27 permit from the department. Such motor carriers shall comply 16 28 with all safety, insurance, and other rules of the department 16 29 pertaining to a publicly funded transit system. 16 30 Sec. 33. NEW SECTION. 325A.14 AMEND, SUSPEND, OR REVOKE 16 31 CERTIFICATE. 16 32 Following a departmental investigation, the department may 16 33 at any time amend, suspend, or revoke any certificate issued 16 34 pursuant to this chapter. 16 35 Sec. 34. NEW SECTION. 325A.15 APPLICATION FOR 17 1 CERTIFICATE. 17 2 All applications for a charter carrier or regular-route 17 3 passenger certificate shall be in writing and, in addition to 17 4 any other information required by this chapter, shall contain 17 5 all of the following: 17 6 1. A complete description of the area in which the 17 7 applicant proposes to operate. 17 8 2. An applicant for a regular-route passenger certificate, 17 9 in lieu of the information required by subsection 1, shall 17 10 indicate that statewide regular-route passenger authority is 17 11 being sought. 17 12 Sec. 35. NEW SECTION. 325A.16 PROTESTS AGAINST 17 13 APPLICATIONS. 17 14 1. Upon the filing of the application, the department 17 15 shall publish a notice to the citizens of each county in which 17 16 the proposed motor carrier passenger service will be rendered. 17 17 The notice shall be published once in a newspaper of general 17 18 circulation in each county. 17 19 2. Any person, city, or county whose rights or interests 17 20 may be affected may file written objections to the proposed 17 21 service with the department. 17 22 3. An objection filed against the granting of an 17 23 application shall state specifically the grounds upon which it 17 24 is made and contain a concise statement of the interest of the 17 25 person filing the objection in the proceeding. 17 26 4. An objection shall be filed with the department not 17 27 later than thirty days from the date of the publication of 17 28 notice. 17 29 5. Upon receipt of an objection complying with subsection 17 30 3, the department shall request the department of inspections 17 31 and appeals to set the matter for hearing not less than ten 17 32 days following the expiration of the time in which objections 17 33 may be made. The department of inspections and appeals shall 17 34 give notice to all persons who have filed objections of the 17 35 time and place of the hearing. 18 1 6. This section applies to all intrastate motor carriers 18 2 of passengers except regular-route motor carriers of 18 3 passengers. 18 4 Sec. 36. NEW SECTION. 325A.17 RULES OF PROCEDURE. 18 5 The department shall adopt rules pursuant to chapter 17A 18 6 establishing the procedure to be followed in the filing of 18 7 applications for a motor carrier passenger certificate and the 18 8 department of inspections and appeals shall adopt rules 18 9 pursuant to chapter 17A for the conduct of hearings regarding 18 10 objections by other persons to the issuance of a motor carrier 18 11 certificate to an applicant. 18 12 Sec. 37. NEW SECTION. 325A.18 UNCONTESTED CASE 18 13 PROCEDURE. 18 14 If an objection is not filed, the department shall consider 18 15 the application and any relevant evidence in determining 18 16 whether to grant the certificate requested in the application. 18 17 Sec. 38. NEW SECTION. 325A.19 GRANTING APPLICATION – 18 18 RESTRICTIONS. 18 19 The department may grant the application in whole or in 18 20 part upon terms and restrictions established by the 18 21 department. However, no condition or restriction on a 18 22 regular-route passenger certificate shall be established, and 18 23 all regular-route passenger certificates shall grant statewide 18 24 regular-route passenger authority. The actual operation shall 18 25 not begin without a written statement of approval from the 18 26 department to the effect that the applicant has complied with 18 27 applicable safety provisions. 18 28 If a certificate is granted to a charter carrier, the 18 29 department may attach to the exercise of the rights conferred 18 30 by the certificate such terms and conditions as in its 18 31 judgment the public convenience and necessity require. 18 32 Sec. 39. NEW SECTION. 325A.20 EXPENSE OF HEARING. 18 33 The applicant and any persons objecting to the granting of 18 34 a certificate to the applicant shall split equally and pay all 18 35 the costs of the hearing before the application is granted. 19 1 The department of inspections and appeals shall establish 19 2 appropriate fees which shall be paid to the department of 19 3 inspections and appeals. 19 4 Sec. 40. NEW SECTION. 325A.21 REVIEW. 19 5 A decision of the department of inspections and appeals is 19 6 subject to review by the state department of transportation. 19 7 Judicial review of the decisions and actions of the state 19 8 department of transportation may be sought in accordance with 19 9 chapter 17A. A petitioner shall file with the clerk of the 19 10 district court a bond for costs in the sum of not less than 19 11 five hundred dollars. 19 12 Sec. 41. NEW SECTION. 325A.22 TRANSFER OF CERTIFICATE. 19 13 1. A certificate of convenience and necessity shall not be 19 14 sold, transferred, leased, or assigned and a contract or 19 15 agreement with reference to or affecting a certificate shall 19 16 not be entered into without the written approval of the 19 17 department. The department may request the department of 19 18 inspections and appeals to hold a hearing regarding the 19 19 transfer of the certificate. The state department of 19 20 transportation shall approve the sale, transfer, lease, or 19 21 assignment upon a finding by the department of inspections and 19 22 appeals that there has been continuous service under the 19 23 certificate for at least ninety days prior to the transfer, 19 24 that the transferee is fit, willing, and able to perform the 19 25 operations authorized by the certificate, and that the 19 26 transfer is consistent with the public interest. Pending 19 27 determination of an application filed with the department for 19 28 approval of a sale, transfer, lease, or assignment, the 19 29 department may grant temporary approval of the proposed 19 30 operation upon a finding of good cause. 19 31 2. A regular-route passenger certificate shall not be 19 32 sold, transferred, leased, or assigned without the approval of 19 33 the department. The department shall approve the sale, 19 34 transfer, lease, or assignment if the person obtaining or 19 35 seeking to obtain ownership or control of a certificate is 20 1 found to be fit, willing, and able to perform the service 20 2 proposed. In determining the fitness of the person seeking 20 3 transfer of the certificate, the department shall consider 20 4 only the person's compliance with safety, financial fitness, 20 5 and insurance requirements. 20 6 Sec. 42. NEW SECTION. 325A.23 RIDING ON OUTSIDE PART. 20 7 Passengers shall not ride on the running boards, fenders, 20 8 or on any other outside part of passenger-carrying motor 20 9 vehicles. 20 10 Sec. 43. NEW SECTION. 325A.24 AMEND, SUSPEND, OR REVOKE 20 11 PERMIT OR CERTIFICATE. 20 12 The department may, in addition to other penalties, revoke 20 13 or suspend the permit or certificate of a motor carrier for a 20 14 violation of this chapter or a rule adopted under this 20 15 chapter. For flagrant or persistent violations of safety or 20 16 hazardous materials rules by the holder of a permit or 20 17 certificate or the holder's agent, the department may suspend 20 18 the permit or certificate of necessity until the rules adopted 20 19 by the department are complied with, or the department may 20 20 revoke the permit or certificate for continued noncompliance. 20 21 Sec. 44. NEW SECTION. 325A.25 VIOLATIONS – EFFECT. 20 22 For violation of this chapter or any rule adopted pursuant 20 23 to this chapter, the department may, in addition to other 20 24 penalties provided, suspend or revoke the permit or 20 25 certificate. If a permittee or certificate holder or a 20 26 permittee's or holder's agent persists in a violation of a 20 27 prescribed safety rule, the department may amend, suspend, or 20 28 revoke the permit or certificate. 20 29 Sec. 45. NEW SECTION. 325A.26 SCHEDULED FINES – 20 30 PENALTY. 20 31 A person who violates this chapter or a rule adopted 20 32 pursuant to this chapter for which a penalty is not otherwise 20 33 established, or who aids or abets a person in a failure to 20 34 comply with this chapter or a rule adopted pursuant to this 20 35 chapter, is subject to the fine provided in section 805.8, 21 1 subsection 2, paragraph "ad". 21 2 Sec. 46. Section 326.11, unnumbered paragraph 2, Code 21 3 1997, is amended to read as follows: 21 4 The director may issue temporary written authorization to 21 5 carriers for vehicles acquired by a fleet owner and added to 21 6 the fleet owner's prorate fleet after the beginning of the 21 7 registration year. The temporary authority shall permit the 21 8 operation of a commercial vehicle until permanent 21 9 identification is issued, except that the temporary authority 21 10 shall expire after ninety days. In addition, the director may 21 11 issue temporary authorization to a motor carrier fleet while 21 12 under a conditional recision operating order issued by a 21 13 federal agency. The temporary authority shall permit the 21 14 operation of the carrier's vehicles until the conditional 21 15 recision is lifted by the federal agency, at which time the 21 16 carrier's permanent identification shall be restored. 21 17 Sec. 47. Section 422.45, Code 1997, is amended by adding 21 18 the following new subsection: 21 19 NEW SUBSECTION. 7A. The refund of sales and use tax paid 21 20 on transportation construction projects let by the state 21 21 department of transportation are subject to the special 21 22 provisions of this subsection. 21 23 a. A contractor awarded a contract for a transportation 21 24 construction project is considered the consumer of all 21 25 building materials, building supplies and equipment and shall 21 26 pay sales tax to the supplier or remit consumer use tax 21 27 directly to the department. 21 28 b. The contractor is not required to file information with 21 29 the department of transportation stating the amount of goods, 21 30 wares, or merchandise, or services rendered, furnished, or 21 31 performed and used in the performance of the contract or the 21 32 amount of sales or use tax paid. 21 33 c. The department of transportation shall file a refund 21 34 claim based on a formula that considers the following: 21 35 (1) The quantity of material to complete the contract, and 22 1 quantities of items of work. 22 2 (2) The estimated cost of these materials included in the 22 3 items of work, and the state sales or use tax to be paid on 22 4 the tax rate in effect in section 422.43. 22 5 The quantity of materials shall be determined after each 22 6 letting based on the contract quantities of all items of work 22 7 let to contract. The quantity of individual component 22 8 materials required for each item shall be determined and 22 9 maintained in a database. The total quantities of materials 22 10 shall be determined by multiplying the quantities of component 22 11 materials for each contract item of work by the total 22 12 quantities of each contract item for each letting. Where 22 13 variances exist in the cost of materials, the lowest cost 22 14 shall be used as the base cost. 22 15 d. Only the state sales or use tax is refundable. Local 22 16 option taxes paid by the contractor are not refundable. 22 17 Sec. 48. Section 805.8, subsection 2, Code 1997, is 22 18 amended by adding the following new paragraph: 22 19 NEW PARAGRAPH. ad. For violation of section 325A.8, the 22 20 scheduled fine is fifty dollars. For violation of chapter 22 21 325A, other than a violation of section 325A.8, the scheduled 22 22 fine is two hundred fifty dollars. 22 23 Sec. 49. Section 805.8, subsection 2A, Code 1997, is 22 24 amended to read as follows: 22 25 2A. MOVING TRAFFIC VIOLATIONS –CONSTRUCTIONROAD WORK 22 26 ZONES. The scheduled fine for any moving traffic violations 22 27 under chapter 321 as provided in this section shall be doubled 22 28or shall be set at one hundred dollars, whichever is less,if 22 29 the violation occurs within any roadconstructionwork zone, 22 30 as defined in section 321.1. 22 31 Sec. 50. 22 32 1. Chapters 325, 327, and 327A, Code 1997, are repealed. 22 33 2. Sections 322C.7, 322C.8, and 322C.9, Code 1997, are 22 34 repealed. 22 35 Sec. 51. EFFECTIVE AND IMPLEMENTATION DATES. Sections 5, 23 1 20 through 45, 48, and section 50, subsection 1, of this Act 23 2 take effect January 1, 1998. Motor carriers with permits or 23 3 certificates issued under chapter 325, 327, or 327A need not 23 4 reapply or pay application fees on existing permits or 23 5 certificates but are subject to other applicable fees. 23 6 EXPLANATION 23 7 This bill makes changes to statutory provisions relating to 23 8 the state department of transportation. 23 9 The term "road construction zone" in Code section 321.1, 23 10 subsection 64A, is changed to "road work zone" and defined as 23 11 the portion of a highway which is identified as the site of 23 12 construction, maintenance, survey, or utility work. 23 13 Code section 321.34, regarding special license plates, is 23 14 amended to authorize the department to issue love our kids and 23 15 motorcycle rider education special plates. The fee for each 23 16 is $35. Proceeds from the love our kids plates are 23 17 distributed to the Iowa department of public health and 23 18 proceeds from the motorcycle rider education plates are 23 19 distributed to the motorcycle rider education fund. Section 23 20 321.34 is also amended to add a provision allowing a person or 23 21 organization requesting a special plate to request that an 23 22 additional fee of $35 be assessed in addition to the regular 23 23 or personalized plate fee with the proceeds from that special 23 24 fee being credited by the treasurer of state to the person or 23 25 organization. 23 26 Code section 321.34 is also amended to require the 23 27 department to adopt administrative rules regarding the 23 28 issuance of special license plates. Currently, special plates 23 29 are issued only after the department recommends the plates be 23 30 approved and the plates are enacted into law. 23 31 Code section 321.40 is amended to provide that all county 23 32 treasurers shall refuse to renew the vehicle registrations of 23 33 persons who owe delinquent victim restitution anywhere in the 23 34 state. Currently, registration is only refused in counties 23 35 which have populations of 25,000 or more or which have agreed 24 1 to do so by resolution and where the person owes any 24 2 delinquent fine, penalty, surcharge, victim restitution, or 24 3 other restitution under section 910.1, subsection 4. The bill 24 4 provides for daily notification of persons who owe restitution 24 5 by clerks of court to the department through the Iowa court 24 6 information system and for notification to the county 24 7 treasurers by the department through the distributed 24 8 teleprocessing network. This provision takes effect on 24 9 January 1, 1998. 24 10 Code section 321.166 is amended to provide that owners of 24 11 trailers with an empty weight of 2,000 pounds or less may 24 12 request regular-sized license plates instead of smaller plates 24 13 for their trailers. 24 14 Code section 321.210 is amended to increase from 20 days to 24 15 30 days the notice required to a motor vehicle operator before 24 16 the operator's license may be suspended for habitually 24 17 reckless operation, being a habitual violator, or other 24 18 reasons. The section is also amended to provide that filing a 24 19 petition for judicial review under the Iowa administrative 24 20 procedure Act (chapter 17A) does not stay a suspension for 24 21 being physically or mentally incapable of safely operating a 24 22 motor vehicle. 24 23 Code section 321.218 is amended to apply the serious 24 24 misdemeanor penalty applicable to a person who is found to 24 25 have driven while the person's license is suspended or revoked 24 26 under Code chapter 321 to a person found to have driven while 24 27 the person's license is revoked as part of the sentence for 24 28 conviction of a drug offense. 24 29 The bill amends the exemption for road workers from most 24 30 provisions of Code chapter 321 contained in Code section 24 31 321.233 to apply when the worker is operating equipment on 24 32 behalf of a state or local authority. Currently, the 24 33 equipment must be owned by or under lease to the state or 24 34 local authority. 24 35 Code section 321.253 is amended to conform to the change in 25 1 the definition of road work zone and to eliminate the 25 2 reference to the $100 limitation on doubled fines for moving 25 3 violations in road work zones. 25 4 Code section 321.288 is amended to use the new term "road 25 5 work zones". 25 6 The bill provides that implements of husbandry must be 25 7 operated within the weight requirements of section 321.463 25 8 except for certain cattle feeding machinery, which need not 25 9 meet the requirements of section 321.463 until July 1, 1999. 25 10 Code section 321.491 is amended to provide that the clerk 25 11 of the district court shall charge a fee of 50 cents for 25 12 copies, either paper or electronic, of records of conviction 25 13 of a provision of Code chapter 321 or other motor vehicle 25 14 operation law. The fee is to be credited to the department to 25 15 enhance the department's ability to process and transfer 25 16 information between the Iowa court information system. 25 17 The definition of habitual offender in Code section 321.555 25 18 is amended to include the offenses of eluding or attempting to 25 19 elude a pursuing law enforcement vehicle and serious injury by 25 20 a vehicle. 25 21 Code section 321J.13 is amended to extend from 15 days to 25 22 30 days the time period for the director, upon request, to 25 23 review a license revocation decision and either rescind or 25 24 suspend the decision. Subsection 4 of this Code section, 25 25 providing for the reopening of a revocation hearing on the 25 26 grounds of newly discovered evidence, or a decision in favor 25 27 of the defendant in the related criminal case is stricken. 25 28 Code sections 322C.7 through 322C.9 are stricken. These 25 29 sections concern licenses for travel trailer manufacturers or 25 30 distributors or their representatives and license fees. 25 31 Conforming changes which eliminate reference to the stricken 25 32 sections are also made. 25 33 The bill repeals Code chapters 325 (certificated carriers), 25 34 327 (truck operators), and 327A (liquid transport carriers) 25 35 and replaces them with new Code chapter 325A regarding 26 1 intrastate motor carrier regulation. Persons subject to 26 2 regulation under Code chapter 325A include intrastate for-hire 26 3 motor carriers of goods, liquids, and passengers. 26 4 The bill provides that the department of transportation is 26 5 responsible for safety and financial responsibility 26 6 regulations, tariff approval, and permit or certificate 26 7 issuance or revocation for intrastate carriers. The 26 8 department is no longer responsible for regulating matters 26 9 which are under federal regulation, such as insurance 26 10 coverage, rates, routes, and services. 26 11 Motor carriers of liquids or passengers are required by 26 12 Code chapter 325A to complete a safety education seminar 26 13 within six months of being issued a permit or certificate. 26 14 The bill provides for the department to charge a $200 fee for 26 15 the seminar. 26 16 The bill also establishes the following fees: $150 for a 26 17 new application, to reinstate a permit or certificate, to 26 18 transfer a passenger certificate, or to change ownership of a 26 19 motor carrier permit or certificate; $25 to change an address 26 20 or name or issue a duplicate permit or certificate; and $10 to 26 21 update a tariff. Fees are to be credited to the road use tax 26 22 fund, except for seminar fees, which are credited to the 26 23 department to cover the costs of the seminars. 26 24 The bill provides for scheduled fines of $50 for violations 26 25 of marking requirements and $250 for any other violation of 26 26 Code chapter 325A, such as unlawful tariffs or failure to have 26 27 a required permit or certificate. 26 28 The bill maintains the current system where the department 26 29 of inspections and appeals hears protests by third parties 26 30 against the issuance of a permit or certificate to an 26 31 applicant, with review of the hearing decision by the state 26 32 department of transportation and judicial review pursuant to 26 33 Code chapter 17A. 26 34 Code section 326.11, regarding registration of fleet 26 35 vehicles, is amended to authorize the director of the 27 1 department to issue temporary authorization to a carrier which 27 2 is operating under a conditional recision operating order 27 3 issued by a federal agency. 27 4 Code section 422.45, regarding sales and use tax, is 27 5 amended to include special provisions regarding the refund of 27 6 sales and use tax paid on Iowa department of transportation 27 7 construction projects. Under the provision, a contractor is 27 8 considered the consumer of materials, supplies, and equipment 27 9 and must pay sales or use taxes directly to the department. 27 10 Contractors are not, however, required to file information 27 11 with the department regarding the amount of goods, 27 12 merchandise, or services rendered, furnished, or performed. 27 13 The department will file for the sales or use tax refund based 27 14 upon a formula that must include consideration of the quantity 27 15 of material and items of work necessary to complete the 27 16 contract and the estimated cost of the materials included in 27 17 the items of work and the rate of tax paid. The department is 27 18 to maintain information on the materials needed and used for 27 19 each contract in a database. The provision prohibits refunds 27 20 on local option sales taxes paid by the contractor. 27 21 Code section 805.8, regarding moving violations in road 27 22 construction zones, is amended to use the term "road work 27 23 zones" and to eliminate the cap on fines at $100. The section 27 24 is also amended to add scheduled fines for violations of Code 27 25 chapter 325A. 27 26 LSB 1310DP 77 27 27 mk/cf/24.1
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