Text: HSB00667                          Text: HSB00669
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 668

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.1, subsection 32, Code Supplement
  1  2 1997, is amended to read as follows:
  1  3    32.  "Implement of husbandry" means every vehicle or motor
  1  4 vehicle which is manufactured or specifically designed for
  1  5 agricultural purposes and exclusively used, except as herein
  1  6 otherwise provided, by the owner thereof in the conduct of the
  1  7 owner's agricultural operations.  "Implements of husbandry"
  1  8 shall also include:
  1  9    a.  Portable livestock loading chutes without regard to
  1 10 whether such chutes are used by the owner in the conduct of
  1 11 the owner's agricultural operations, provided that such chutes
  1 12 are not used as a vehicle on the highway for the purpose of
  1 13 transporting property.
  1 14    b.  Any vehicle which is principally designed for
  1 15 agricultural purposes and which is moved during daylight hours
  1 16 for a distance not to exceed one hundred miles by a person
  1 17 either:
  1 18    (1)  From a place at which the vehicles are manufactured,
  1 19 fabricated, repaired, or sold to a farm site or a retail
  1 20 seller or from a retail seller to a farm site;
  1 21    (2)  To a place at which the vehicles are manufactured,
  1 22 fabricated, repaired, or sold from a farm site or a retail
  1 23 seller or to a retail seller from a farm site; or
  1 24    (3)  From one farm site to another farm site.
  1 25    For the purpose of this subsection and sections 321.383 and
  1 26 321.453, "farm site" means a place or location at which
  1 27 vehicles principally designed for agricultural purposes are
  1 28 used or intended to be used in agricultural operations or for
  1 29 the purpose of exhibiting, demonstrating, testing, or
  1 30 experimenting with the vehicles.
  1 31    c. a.  Any A semitrailer converted to a full trailer by the
  1 32 use of a dolly used by the owner in the conduct of the owner's
  1 33 agricultural operations to transport agricultural products
  1 34 being towed by a farm tractor provided the vehicle is operated
  1 35 in compliance with the following requirements:
  2  1    (1)  The towing unit is equipped with a braking device
  2  2 which can control the movement of and stop the vehicles.  When
  2  3 the semitrailer is being towed at a speed of twenty miles per
  2  4 hour, the braking device shall be adequate to stop the
  2  5 vehicles within fifty feet from the point the brakes are
  2  6 applied.  The semitrailer shall be equipped with brakes upon
  2  7 all wheels.
  2  8    (2)  The towing vehicle shall be equipped with a rear view
  2  9 mirror to permit the operator a view of the highway for a
  2 10 distance of at least two hundred feet to the rear.
  2 11    (3)  The semitrailer shall be equipped with a turn signal
  2 12 device which operates in conjunction with or separately from
  2 13 the rear taillight and shall be plainly visible from a
  2 14 distance of one hundred feet.
  2 15    (4)  The semitrailer shall be equipped with two flashing
  2 16 amber lights one on each side of the rear of the vehicle and
  2 17 be plainly visible for a distance of five hundred feet in
  2 18 normal sunlight or at night.
  2 19    (5)  The semitrailer shall be operated in compliance with
  2 20 sections 321.123 and 321.463.
  2 21    d. b.  All-terrain vehicles.  An all-terrain vehicle
  2 22 operated in compliance with section 321.234A.
  2 23    e. (1)  Portable tanks, nurse tanks, trailers, and bulk
  2 24 spreaders which are not self-propelled and which have gross
  2 25 weights of not more than twelve tons and are used for the
  2 26 transportation of fertilizer and chemicals used for farm crop
  2 27 production.
  2 28    (2)  Other types of equipment than those listed in
  2 29 subparagraph (1) which are used primarily for the application
  2 30 of fertilizers and chemicals in farm fields or for farm
  2 31 storage.
  2 32    f.  Self-propelled machinery operated at speeds of less
  2 33 than thirty miles per hour or machinery towed by a motor
  2 34 vehicle or farm tractor.  The machinery must be specifically
  2 35 designed for, or especially adapted to be capable of,
  3  1 incidental over-the-road and primary off-road usage.  In
  3  2 addition, the machinery must be used exclusively for the
  3  3 mixing and dispensing of nutrients to bovine animals fed at a
  3  4 feedlot, or the application of organic or inorganic plant food
  3  5 materials, agricultural limestone, or agricultural chemicals.
  3  6 However, the machinery shall not be specifically designed or
  3  7 intended for the transportation of such nutrients, plant food
  3  8 materials, agricultural limestone, or agricultural chemicals.
  3  9    Notwithstanding the other provisions of this subsection any
  3 10 A vehicle covered thereby by the definition in this
  3 11 subsection, if it otherwise qualifies, may be registered as
  3 12 special mobile equipment, or operated or moved under the
  3 13 provisions of sections 321.57 to through 321.63, if the person
  3 14 in whose name such vehicle is to be registered or to whom a
  3 15 special plate or plates are to be issued elects to do so and
  3 16 under such circumstances the provisions of this subsection
  3 17 shall not be applicable to such vehicle, nor shall and such
  3 18 vehicle shall not be required to comply with the provisions of
  3 19 sections 321.384 to 321.429, through 321.423 when such vehicle
  3 20 is moved during daylight hours, provided however, the
  3 21 provisions of section 321.383 shall remain applicable to such
  3 22 vehicle.
  3 23    Sec. 2.  Section 321.383, subsection 1, Code Supplement
  3 24 1997, is amended to read as follows:
  3 25    1.  This chapter with respect to equipment on vehicles does
  3 26 not apply to implements of husbandry, road machinery, bulk
  3 27 spreaders, and other fertilizer and chemical equipment defined
  3 28 as special mobile equipment, road rollers, or farm tractors
  3 29 except as made applicable in this section.  However, the
  3 30 movement of implements of husbandry between the retail seller
  3 31 and a farm purchaser or from farm site to farm site or the
  3 32 movement of indivisible implements of husbandry between the
  3 33 place of manufacture and a retail seller or farm purchaser
  3 34 under section 321.453 is subject to safety rules adopted by
  3 35 the department.  The safety rules shall prohibit the movement
  4  1 of any power unit towing more than one implement of husbandry
  4  2 from the manufacturer to the retail seller, from the retail
  4  3 seller to the farm purchaser, or from the manufacturer to the
  4  4 farm purchaser.
  4  5    Sec. 3.  Section 321.453, Code 1997, is amended to read as
  4  6 follows:
  4  7    321.453  EXCEPTIONS.
  4  8    1.  The provisions of this chapter governing size, weight,
  4  9 and load, and the permit requirements of chapter 321E do not
  4 10 apply to fire apparatus, or to road maintenance equipment
  4 11 owned by or under lease to any state or local authority, to
  4 12 implements of husbandry temporarily moved upon a highway, to
  4 13 implements moved from farm site to farm site or between the
  4 14 retail seller and a farm purchaser within a one hundred mile
  4 15 radius from the retail seller's place of business, to
  4 16 indivisible implements of husbandry temporarily moved between
  4 17 the place of manufacture and a retail seller or a farm
  4 18 purchaser, to implements received and moved by a retail seller
  4 19 of implements of husbandry in exchange for an implement
  4 20 purchased, or to implements of husbandry moved for repairs,
  4 21 except on any part of the interstate highway system.
  4 22    2.  The provisions of this chapter governing size, weight,
  4 23 and load and the permit requirements of chapter 321E do not
  4 24 apply to implements of husbandry temporarily moved upon a
  4 25 highway, except those moved on any portion of the interstate
  4 26 system and except as provided in section 321.463.
  4 27    a.  A vehicle, subject to registration carrying an
  4 28 overdimensional implement of husbandry, which is exempted from
  4 29 the permit requirements under this section a distance beyond a
  4 30 one hundred mile radius of the point of the initial loading of
  4 31 the implement shall comply with the permit requirements of
  4 32 chapter 321E, if applicable.
  4 33    b.  A vehicle subject to registration carrying an
  4 34 overdimensional implement of husbandry a distance within a one
  4 35 hundred-mile radius of the point of the initial loading of the
  5  1 implement shall be equipped with an amber flashing light under
  5  2 section 321.423, visible from the rear.  If the amber flashing
  5  3 light is obstructed by the loaded implement, the loaded
  5  4 implement shall also be equipped with and display an amber
  5  5 flashing light.  The vehicle shall also be equipped with
  5  6 warning flags on that portion of the vehicle which protrudes
  5  7 into oncoming traffic, and shall only operate from thirty
  5  8 minutes prior to sunrise to thirty minutes following sunset.
  5  9    Sec. 4.  Section 321.463, subsection 4, Code Supplement
  5 10 1997, is amended to read as follows:
  5 11    4.  Machinery defined in section 321.1, subsection 32,
  5 12 paragraph "f", Self-propelled implements of husbandry used
  5 13 exclusively for the mixing and dispensing of nutrients to
  5 14 bovine animals fed at a feedlot, or for the application of
  5 15 organic or inorganic plant food materials, agricultural
  5 16 limestone, or agricultural chemicals shall be operated in
  5 17 compliance with this section.  However, machinery used
  5 18 exclusively for mixing and dispensing nutrients to bovine
  5 19 animals at feedlots is not required to comply with this
  5 20 section until July 1, 1999.  
  5 21                           EXPLANATION
  5 22    Code chapter 321 regulates the use of vehicles on this
  5 23 state's roads, including the use of implements of husbandry.
  5 24 This bill amends provisions relating to implements of
  5 25 husbandry and their use in travel.
  5 26    The bill amends Code section 321.1 by changing the
  5 27 definition of "implements of husbandry" to mean a vehicle or
  5 28 motor vehicle, manufactured or specifically designed for
  5 29 agricultural purposes, and exclusively used in the conduct of
  5 30 agricultural operations.  It removes a number of specific
  5 31 provisions which refer to implements of husbandry, including
  5 32 portable livestock loading chutes and agricultural vehicles
  5 33 moved during daylight hours from various sites such as farm
  5 34 sites or dealer sites, and tanks and trailers used in
  5 35 transporting farm chemicals.
  6  1    The bill amends Code section 321.383 which provides
  6  2 exemptions for certain vehicles from regulation under the
  6  3 chapter, including implements of husbandry.  The bill
  6  4 eliminates references to specific types of equipment such as
  6  5 road rollers and farm tractors.  It eliminates references to
  6  6 requirements providing that implements of husbandry must be
  6  7 moving between designated sites.
  6  8    The bill amends Code section 321.453 which also provides
  6  9 exceptions to provisions of the chapter governing size,
  6 10 weight, and load provisions and permit requirements of Code
  6 11 chapter 321E.  The section exempts the movement of implements
  6 12 of husbandry.  However, implements of husbandry are subject to
  6 13 axle and gross weight restrictions in Code section 321.463 and
  6 14 to restrictions on movements on interstate highways.  The bill
  6 15 removes references to requirements that implements of
  6 16 husbandry must be moved from certain sites.  The bill provides
  6 17 that a vehicle subject to registration, carrying an
  6 18 overdimensional implement of husbandry a distance beyond a
  6 19 100-mile radius of the point of initial loading of the
  6 20 implement, must comply with applicable permit requirements of
  6 21 Code chapter 321E.  The bill provides that a vehicle carrying
  6 22 an overdimensional implement of husbandry a distance within a
  6 23 100-mile radius of the point of initial loading must be
  6 24 equipped with an unobstructed amber flashing light, warning
  6 25 flags, and only operate from 30 minutes prior to sunrise to 30
  6 26 minutes following sunset.
  6 27    The bill amends Code section 321.463 which regulates
  6 28 maximum gross weights for certain vehicles.  The bill provides
  6 29 an exception for self-propelled implements of husbandry used
  6 30 exclusively for the mixing and dispensing of nutrients to
  6 31 bovine animals fed at a feedlot or for the application of
  6 32 organic or inorganic plant food materials, agricultural
  6 33 limestone, or agricultural chemicals.  This exception in part
  6 34 is contained in the definition of implements of husbandry
  6 35 earlier removed in the bill.  
  7  1 LSB 3264DP 77
  7  2 jm/sc/14.1
     

Text: HSB00667                          Text: HSB00669
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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