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Senate Study Bill 2036

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.450, unnumbered paragraphs 1 and 3,
  1  2 Code 1997, are amended to read as follows:
  1  3    A person shall not transport or have transported or shipped
  1  4 within this state any hazardous material except in compliance
  1  5 with rules adopted by the department under chapter 17A.  The
  1  6 rules shall be consistent with the federal hazardous materials
  1  7 regulations promulgated adopted under United States Code,
  1  8 Title 49, and found in 49 C.F.R. } 107, 171 to 173, 177, 178,
  1  9 and 180.  However, rules adopted under this section concerning
  1 10 tank specifications shall not apply to cargo tank motor
  1 11 vehicles with a capacity of four thousand gallons or less used
  1 12 to transport gasoline in intrastate commerce, which were
  1 13 manufactured between 1950 and 1989, were domiciled in Iowa
  1 14 prior to July 1, 1991, and are in compliance with the American
  1 15 society of mechanical engineers specifications in effect at
  1 16 the time of manufacture.
  1 17    Notwithstanding other provisions of this section, or the
  1 18 age requirements under section 321.449, the age requirements
  1 19 under section 321.449 and the rules adopted under this section
  1 20 pertaining to compliance with regulations adopted under U.S.C.
  1 21 United States Code, Title 49, and found in 49 C.F.R. }
  1 22 177.804, shall not apply to retail dealers of fertilizers,
  1 23 petroleum products, and pesticides and their employees while
  1 24 delivering fertilizers, petroleum products, and pesticides to
  1 25 farm customers within a one-hundred-mile radius of their
  1 26 retail place of business.  Notwithstanding contrary provisions
  1 27 of this chapter, motor vehicles registered for a maximum gross
  1 28 weight of five tons or less shall be exempt from the
  1 29 requirements of placarding and of carrying hazardous materials
  1 30 shipping papers if the hazardous materials which are
  1 31 transported are clearly labeled.
  1 32    Sec. 2.  Section 321.463, subsection 5, Code Supplement
  1 33 1997, is amended by adding the following new paragraph:
  1 34    NEW PARAGRAPH.  d.  For the purposes of the maximum gross
  1 35 weight tables in paragraphs "a", "b", and "c", distance in
  2  1 feet is the measured distance in feet between the centers of
  2  2 the extreme axles of any group of axles, rounded to the
  2  3 nearest whole foot.
  2  4    Sec. 3.  Section 321.463, subsections 7 and 8, Code
  2  5 Supplement 1997, are amended to read as follows:
  2  6    7.  In addition, the The weight on any one axle, including
  2  7 a tandem axle, of a vehicle which is transporting raw
  2  8 materials from a designated borrow site to a construction
  2  9 project or transporting raw materials from a construction
  2 10 project, and which is operating on a highway that is not part
  2 11 of the interstate system and along a route of travel approved
  2 12 by the department or the appropriate local authority, may
  2 13 exceed the legal maximum weight otherwise allowed under this
  2 14 chapter by ten percent if the gross weight on any particular
  2 15 group of axles on the vehicle does not exceed the gross weight
  2 16 allowed under this chapter for that group of axles.  However,
  2 17 if If the vehicle exceeds the ten percent tolerance allowed
  2 18 for any one axle or tandem axle under this paragraph
  2 19 subsection, the fine to be assessed for the axle or tandem
  2 20 axle shall be computed on the difference between the actual
  2 21 weight and the ten percent tolerance weight allowed for the
  2 22 axle or tandem axle under this paragraph.  This paragraph
  2 23 applies only to vehicles operating along a route of travel
  2 24 approved by the department.
  2 25    8.  A vehicle or combination of vehicles transporting
  2 26 materials to or from a construction project or commercial
  2 27 plant site along a route of travel approved by the department
  2 28 or appropriate local authority shall comply with subsection 5,
  2 29 paragraph "a" may operate under the maximum gross weight table
  2 30 for interstate highways in subsection 5, paragraph "a", if the
  2 31 route is approved by the department or appropriate local
  2 32 authority.  Route approval is not required if the vehicle or
  2 33 combination of vehicles transporting materials to or from a
  2 34 construction project or commercial plant site complies with
  2 35 the maximum gross weight table for noninterstate highways in
  3  1 subsection 5, paragraph "c".
  3  2    Sec. 4.  EFFECTIVE DATE.  Section 1 of this Act takes
  3  3 effect October 1, 1998.  
  3  4                           EXPLANATION
  3  5    This bill relates to motor trucks, including weight
  3  6 requirements and transportation of hazardous materials.
  3  7    The bill amends provisions relating to the transportation
  3  8 of hazardous materials to comply with changes in federal
  3  9 regulations by eliminating exemptions for small cargo tank
  3 10 motor vehicles transporting gasoline in intrastate commerce
  3 11 and for motor vehicles registered for a maximum gross weight
  3 12 of five tons or less.  It defines how distance in feet between
  3 13 axles is measured for purposes of the maximum gross weight
  3 14 tables.
  3 15    The bill specifies that vehicles transporting raw materials
  3 16 to or from construction sites may have the 10 percent
  3 17 tolerance on weight restrictions only for travel on highways
  3 18 not on the interstate system and along a route of travel
  3 19 approved by the department or the appropriate local authority.
  3 20 It also specifies that vehicles transporting materials to or
  3 21 from a construction project or commercial plant site may
  3 22 travel along a route of travel approved by the department or
  3 23 local authority using the maximum gross weight table for
  3 24 interstate highways, or they may travel without department or
  3 25 local authority approval using the maximum gross weight table
  3 26 provided for livestock or construction vehicles.
  3 27    The amendments to Code section 321.450 relating to the
  3 28 transportation of hazardous materials take effect October 1,
  3 29 1998, to comply with changes in federal regulations.  
  3 30 LSB 3431DP 77
  3 31 jm/jl/8.1

Text: SSB02035                          Text: SSB02037
Text: SSB02000 - SSB02099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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