Text: HF00440 Text: HF00442 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.1, subsection 32, unnumbered 1 2 paragraph 3, Code 1999, is amended to read as follows: 1 3 Notwithstanding the other provisions of this subsection any 1 4 vehicle coveredtherebyby this subsection, if it otherwise 1 5 qualifies, may beregistered as special mobile equipment, or1 6 operatedor moved under the provisions of sections 321.57 to1 7321.63, if the person in whose name such vehicle is to be1 8registered or to whom a special plate or plates are to be1 9issued elects to do soas special mobile equipment and under 1 10 such circumstances the provisions of this subsection shall not 1 11 be applicable to such vehicle, nor shall such vehicle be 1 12 required to comply with the provisions of sections 321.384to1 13321.429through 321.423, when such vehicle is moved during 1 14 daylight hours, provided however, the provisions of section 1 15 321.383 shall remain applicable to such vehicle. 1 16 Sec. 2. Section 321.1, subsection 69, paragraph c, Code 1 17 1999, is amended to read as follows: 1 18 c. Operated by a municipally or privately owned urban 1 19 transit company or a regional transit system as defined in 1 20 section 324A.1 for the transportation of children as part of 1 21 or in addition to their regularly scheduled service; or 1 22 Sec. 3. Section 321.1, subsection 76, Code 1999, is 1 23 amended to read as follows: 1 24 76. "Special truck" means a motor truck or truck tractor 1 25 not used for hire with a gross weight registration of six 1 26 through thirty-two tons used by a person engaged in farming to 1 27 transport commodities produced only by the owner, or to 1 28 transport commodities purchased by the owner for use in the 1 29 owner's own farming operation or occasional use for charitable 1 30 purposes. "Special truck" also means a motor truck or truck 1 31 tractor not used for hire with a gross weight registration of 1 32 six through thirty-two tons used by a person engaged in 1 33 farming who assists another person engaged in farming through 1 34 an exchange of services. A "special truck" does not include a 1 35 truck tractor operated more thanseventy-five hundredfifteen 2 1 thousand miles annually. 2 2 Sec. 4. Section 321.23, subsection 3, Code 1999, is 2 3 amended to read as follows: 2 4 3. In the event an applicant for registration of a foreign 2 5 vehicle for which a certificate of title has been issued is 2 6 able to furnish evidence of being the registered owner of the 2 7 vehicle to the county treasurer of the owner's residence, 2 8 although unable to surrender such certificate of title, the 2 9 county treasurer may issue a registration receipt and plates 2 10 upon receipt of the required registration fee but shall not 2 11 issue a certificate of title thereto. Upon surrender of the 2 12 certificate of title from the foreign state, the county 2 13 treasurer shall issue a certificate of title to the owner, or 2 14 person entitled thereto, of such vehicle as provided in this 2 15 chapter. The owner of a vehicle registered under this 2 16 subsection shall not be required to obtain a certificate of 2 17 title in this state and may transfer ownership of the vehicle 2 18 to a motor vehicle dealer licensed under chapter 322 if, at 2 19 the time of the transfer, the certificate of title is held by 2 20 a secured party and the dealer has forwarded to the secured 2 21 party the sum necessary to discharge the security interest 2 22 pursuant to section 321.48, subsection 1. 2 23 Sec. 5. Section 321.25, unnumbered paragraph 1, Code 1999, 2 24 is amended to read as follows: 2 25 A vehicle may be operated upon the highways of this state 2 26 without registration plates for a period ofthirtyforty-five 2 27 days after the date of delivery of the vehicle to the 2 28 purchaser from a dealer if a card bearing the words 2 29 "registration applied for" is attached on the rear of the 2 30 vehicle. The card shall have plainly stamped or stenciled the 2 31 registration number of the dealer from whom the vehicle was 2 32 purchased and the date of delivery of the vehicle. In 2 33 addition, a dealer licensed to sell new motor vehicles may 2 34 attach the card to a new motor vehicle delivered by the dealer 2 35 to the purchaser even if the vehicle was purchased from an 3 1 out-of-state dealer and the card shall bear the registration 3 2 number of the dealer that delivered the vehicle. A dealer 3 3 shall not issue a card to a person known to the dealer to be 3 4 in possession of registration plates which may be attached to 3 5 the vehicle. A dealer shall not issue a card unless an 3 6 application for registration and certificate of title has been 3 7 made by the purchaser and a receipt issued to the purchaser of 3 8 the vehicle showing the fee paid by the person making the 3 9 application. Dealers' records shall indicate the agency to 3 10 which the fee is sent and the date the fee is sent. The 3 11 dealer shall forward the application by the purchaser to the 3 12 county treasurer or state office within fifteen calendar days 3 13 from the date of delivery of the vehicle. However, if the 3 14 vehicle is subject to a security interest and has been offered 3 15 for sale pursuant to section 321.48, subsection 1, the dealer 3 16 shall forward the application by the purchaser to the county 3 17 treasurer or state office withintwenty-twothirty calendar 3 18 days from the date of the delivery of the vehicle to the 3 19 purchaser. 3 20 Sec. 6. Section 321.42, Code 1999, is amended to read as 3 21 follows: 3 22 321.42 LOST OR DAMAGED CERTIFICATES, CARDS, AND PLATES. 3 23 1. If a registration card, plate, or pair of plates is 3 24 lost or becomes illegible, the owner shall immediately apply 3 25 for replacement. The fee for a replacement registration card 3 26 shall be three dollars. The fee for a replacement plate or 3 27 pair of plates shall be five dollars. When the owner has 3 28 furnished information required by the department and paid the 3 29 proper fee, a duplicate, substitute, or new registration card, 3 30 plate, or pair of plates may be issued. 3 31 2. a. If a certificate of title is lost or destroyed, the 3 32 owner or lienholder shall apply for a certified copy of the 3 33 original certificate of title. The owner or lienholder of a 3 34 motor vehicle may also apply for a certified copy of the 3 35 original certificate of title as a replacement for the 4 1 original certificate of title upon surrender of the original 4 2 certificate of title with the application. The application 4 3 shall be made to the department or county treasurer who issued 4 4 the original certificate of title. The application shall be 4 5 signed by the owner or lienholder and accompanied by a fee of 4 6 ten dollars. 4 7 b. After five days, the department or county treasurer 4 8 shall issue a certified copy to the applicant at the 4 9 applicant's most recent address, however, the five-day waiting 4 10 period does not apply to an applicant who has surrendered the 4 11 original certificate of title to the department or county 4 12 treasurer. The certified copy shall be clearly marked 4 13 "duplicate" and shall be identical to the original, including 4 14 notation of liens or encumbrances. When a certified copy has 4 15 been issued, the previous certificate is void. 4 16 c. If a security interest noted on the face of an original 4 17 certificate of title was released by the lienholder on a 4 18 separate form pursuant to section 321.50, subsection 4, and 4 19 the signature of the lienholder, or the person executing the 4 20 release on behalf of the lienholder, is notarized, but the 4 21 lienholder has not delivered the original certificate to the 4 22 appropriate party as provided in section 321.50, subsection 4, 4 23 the owner may apply for and receive a replacement certificate 4 24 of title without the released security interest noted thereon. 4 25 The lienholder shall return the original certificate of title 4 26 to the department or to the treasurer of the county where the 4 27 title was issued. 4 28 d. A new purchaser or transferee is entitled to receive an 4 29 original title upon presenting the assigned duplicate copy to 4 30 the treasurer of the county where the new purchaser or 4 31 transferee resides. At the time of purchase, a purchaser may 4 32 require the seller to indemnify the purchaser and all future 4 33 purchasers of the vehicle against any loss which may be 4 34 suffered due to claims on the original certificate. A person 4 35 recovering an original certificate of title for which a 5 1 duplicate has been issued shall surrender the original 5 2 certificate to the county treasurer or the department. 5 3 3. If a county treasurer mails vehicle registration 5 4 documents which become lost or are damaged in transit through 5 5 the United States postal service, the person to whom the 5 6 documents were being sent may apply for reissuance without 5 7 cost. The application shall be made with the county treasurer 5 8 who originally issued the documents not less than twenty days 5 9 from the date the documents were placed with the United States 5 10 postal service. If the original documents are received after 5 11 reissuance of duplicates, the original documents shall be 5 12 surrendered to the county treasurer within five days of the 5 13 time they are received. 5 14 Sec. 7. Section 321.48, subsection 1, unnumbered paragraph 5 15 2, Code 1999, is amended to read as follows: 5 16 A dealer licensed pursuant to chapter 322 or chapter 322C 5 17 who has acquired a vehicle for resale which is subject to a 5 18 security interest as provided in section 321.50 and who has 5 19 forwarded to the secured party the sum necessary to discharge 5 20 the security interest may offer the vehicle for sale prior to 5 21 the receipt from the county treasurer of the certificate of 5 22 title for the vehicle with the lien discharged for a period of 5 23 not more thantwentythirty days from the date the vehicle was 5 24 acquired and the provisions of section 321.104, subsection 2 5 25 shall not apply. 5 26 Sec. 8. Section 321.49, subsection 1, Code 1999, is 5 27 amended to read as follows: 5 28 1. Except as provided in section 321.52, if an application 5 29 for transfer of registration and certificate of title is not 5 30 submitted to the county treasurer of the residence of the 5 31 transferee withinfifteenthirty days of the date of 5 32 assignment or transfer of title, or withintwenty-twothirty 5 33 days of the date of delivery to the purchaser if the vehicle 5 34 is subject to a security interest and was offered for sale 5 35 pursuant to section 321.48, subsection 1, a penalty of ten 6 1 dollars shall accrue against the applicant, and no 6 2 registration card or certificate of title shall be issued to 6 3 the applicant for the vehicle until the penalty is paid. 6 4 Sec. 9. Section 321.50, subsection 4, unnumbered paragraph 6 5 3, Code 1999, is amended to read as follows: 6 6However, whenWhen a security interest is dischargedfor a6 7vehicle with a gross vehicle weight rating of sixteen thousand6 8pounds or more, the lienholder shall note the cancellation of 6 9athe security interest on the face of the title and may note 6 10 the cancellation of the security interest on a form prescribed 6 11 by the department and deliver a copy of the form in lieu of 6 12 the title to the department or to the treasurer of the county 6 13 in which the title was issued. The department or county 6 14 treasurer shall note the release of the security interest upon 6 15 the statewide computer system and the county's records. A 6 16 copy of the form, if used, shall be attached to the title by 6 17 the lienholder and shall be evidence of the release of the 6 18 security interest. The lienholder shall deliver the title to 6 19 the first lienholder, or if there is no such person, to the 6 20 person as designated by the owner, or if there is no such 6 21 person designated, to the owner. 6 22 Sec. 10. Section 321.166, subsections 1 and 4, Code 1999, 6 23 are amended to read as follows: 6 24 1. Registration plates shall be of metal and of a size not 6 25 to exceed six inches by twelve inches, except that the size of 6 26 plates issued for use on motorized bicycles, motorcycles, 6 27 motorcycle trailers, and trailers with an empty weight of two 6 28 thousand pounds or less, and special mobile equipmentshall be 6 29 established by the department. 6 30 Trailers with empty weights of two thousand pounds or less 6 31 may, upon request, be licensed with regular-sized license 6 32 plates. 6 33 4. The registration plate number, except on motorized 6 34 bicycle, motorcycle, motorcycle trailer, and trailers with an 6 35 empty weight of two thousand pounds or less, and special7 1mobile equipment registration plates,shall be of sufficient 7 2 size to be readable from a distance of one hundred feet during 7 3 daylight. 7 4 Sec. 11. Section 321.178, subsection 1, unnumbered 7 5 paragraphs 2 and 3, Code 1999, are amended to read as follows: 7 6 To be qualified as a classroomor laboratorydriver 7 7 education instructor, a person shall have satisfied the 7 8 educational requirements for a teaching license at the 7 9 elementary or secondary level and hold a valid license to 7 10 teach driver education in the public schools of this state. 7 11 Every public school district in Iowa shall offer or make 7 12 available to all students residing in the school district or 7 13 Iowa students attending a nonpublic school in the district an 7 14 approved course in driver education. The courses may be 7 15 offered at sites other than at the public school, including 7 16 nonpublic school facilities within the public school 7 17 districts. An approved course offered during the summer 7 18 months, on Saturdays, after regular school hours during the 7 19 regular terms or partly in one term or summer vacation period 7 20 and partly in the succeeding term or summer vacation period, 7 21 as the case may be, shall satisfy the requirements of this 7 22 section to the same extent as an approved course offered 7 23 during the regular school hours of the school term. A 7 24 student who successfully completes and obtains certification 7 25 in an approved course in driver education or an approved 7 26 course in motorcycle education may, upon proof of such fact, 7 27 be excused from any field test which the student would 7 28 otherwise be required to take in demonstrating the student's 7 29 ability to operate a motor vehicle. A student shall not be 7 30 excused from any field test if a parent, guardian, or 7 31 instructor requests that a test be administered. Street or 7 32 highway driving instruction may be provided by a person 7 33 qualified as a classroom driver education instructor or a 7 34 person certified by the department of transportation and 7 35 authorized by the board of educational examiners. A final 8 1 field test prior to a student's completion of an approved 8 2 course shall be administered by a person qualified as a 8 3 classroom driver education instructor. The department of 8 4 transportation shall adopt rules pursuant to chapter 17A to 8 5 provide for certification of persons qualified to provide 8 6 street or highway driving instructionand for administering8 7requested field tests. The board of educational examiners 8 8 shall adopt rules pursuant to chapter 17A to provide for 8 9 authorization of persons certified by the department of 8 10 transportation to provide street or highway driving 8 11 instruction. 8 12 Sec. 12. Section 321.189, subsection 2, paragraphs b and 8 13 c, Code 1999, are amended to read as follows: 8 14 b. A commercial driver's license shall include the 8 15 licensee's address as required under federal regulationsand8 16the licensee's social security number, and the words 8 17 "commercial driver's license" or "CDL" shall appear 8 18 prominently on the face of the license. If the applicant is a 8 19 nonresident, the license must conspicuously display the word 8 20 "nonresident". 8 21 c. The department shall advise an applicant that the 8 22 applicant for a driver's licenseother than a commercial8 23driver's licensemay request a number other than a social 8 24 security number as the driver's license number. 8 25 Sec. 13. Section 321.449, unnumbered paragraphs 2 and 4, 8 26 Code 1999, are amended to read as follows: 8 27 Rules adopted under this section concerning driver 8 28 qualifications, hours of service, and recordkeeping 8 29 requirements do not apply to the operators of public utility 8 30 trucks, trucks hauling gravel, construction trucks and 8 31 equipment, trucks moving implements of husbandry, and special 8 32 trucks, other than a truck tractor, operating intrastate. 8 33TrucksExcept as otherwise provided in this section, trucks 8 34 for hire on construction projects are not exempt from this 8 35 section. 9 1 Notwithstanding other provisions of this section, rules 9 2 adopted under this section for drivers of commercial vehicles 9 3 shall not apply to a driver of a commercial vehicle who is 9 4 engaged exclusively in intrastate commerce, when the 9 5 commercial vehicle's gross vehicle weight rating is 26,000 9 6 pounds or less, unless the vehicle is used to transport 9 7 hazardous materials requiring a placard or if the vehicle is 9 8 designed to transport more than fifteen passengers, including 9 9 the driver. For the purpose of complying with the hours of 9 10 service recordkeeping requirements under 49 C.F.R. } 9 11 395.1(e)(5), a driver's report of daily beginning and ending 9 12 on-duty time submitted to the motor carrier at the end of each 9 13 work week shall be considered acceptable motor carrier time 9 14 records. In addition, rules adopted under this section shall 9 15 not apply to a driver for a farm operation as defined in 9 16 section 352.2, or for an agricultural interest when the 9 17 commercial vehicle is operated between the farm as defined in 9 18 section 352.2 and another farm, between the farm and a market 9 19 for farm products, or between the farm and an agribusiness 9 20 location. A driver or a driver-salesperson for a private 9 21 carrier, who is not for hire and who is engaged exclusively in 9 22 intrastate commerce, may drive twelve hours, be on duty 9 23 sixteen hours in a twenty-four hour period and be on duty 9 24 seventy hours in seven consecutive days or eighty hours in 9 25 eight consecutive days. For-hire drivers who are engaged 9 26 exclusively in intrastate commerce and who operate trucks and 9 27 truck-tractors exclusively for the movement of construction 9 28 materials and equipment to and from construction projects may 9 29 also drive twelve hours, be on duty sixteen hours in a twenty- 9 30 four-hour period, and be on duty seventy hours in seven 9 31 consecutive days or eighty hours in eight consecutive days. A 9 32 driver-salesperson means as defined in 49 C.F.R. } 395.2, 9 33 adopted as of a specific date by the department by rule. 9 34 Sec. 14. Section 321.453, Code 1999, is amended to read as 9 35 follows: 10 1 321.453 EXCEPTIONS. 10 2 The provisions of this chapter governing size, weight, and 10 3 load, and the permit requirements of chapter 321E do not apply 10 4 to fire apparatus,; road maintenance equipment owned byor, 10 5 under lease to, or used in the performance of a contract with 10 6 any state or local authority,; implements of husbandry 10 7 temporarily moved upon a highway,; implements of husbandry 10 8 moved from farm site to farm site or between the retail seller 10 9 and a farm purchaser,; implements of husbandry moved between 10 10 any site and the site of an agricultural exposition or a fair 10 11 administered pursuant to chapter 173 or 174,; indivisible 10 12 implements of husbandry temporarily moved between the place of 10 13 manufacture and a retail seller or a farm purchaser,; 10 14 implements of husbandry received and moved by a retail seller 10 15 of implements of husbandry in exchange for a purchased 10 16 implement,; or implements of husbandry moved for repairs, 10 17 except on any part of the interstate highway system. A 10 18 vehicle, carrying an implement of husbandry, which is exempted 10 19 from the permit requirements under this section shall be 10 20 equipped with an amber flashing light under section 321.423, 10 21 shall be equipped with warning flags on that portion of the 10 22 vehicle which protrudes into oncoming traffic, and shall only 10 23 operate from thirty minutes prior to sunrise to thirty minutes 10 24 following sunset. The one hundred-mile distance restriction 10 25 contained in the definition of implement of husbandry in 10 26 section 321.1 does not apply to this section. 10 27 Sec. 15. Section 321E.8, subsection 2, Code 1999, is 10 28 amended to read as follows: 10 29 2. Vehicles with indivisible loads having an overall width 10 30 not to exceed twelve feet five inches or mobile homes, 10 31 including appurtenances, having an overall width not to exceed 10 32 twelve feet five inches and an overall length not to exceed 10 33 one hundred twenty feet zero inches may be moved on highways 10 34 specified by the permitting authority for unlimited distances 10 35 if the height of the vehicle and load does not exceedfourteen11 1 fifteen feetzerofive inches and the total gross weight of 11 2 the vehicle does not exceed one hundred thirty-six thousand 11 3 pounds. The vehicle owner or operator shall verify with the 11 4 permitting authority prior to movement of the load that 11 5 highway conditions have not changed so as to prohibit movement 11 6 of the vehicle. Any cost to repair damage to highways or 11 7 highway structures shall be borne by the owner or operator of 11 8 the vehicle causing the damage. Permitted vehicles under this 11 9 subsection shall not be allowed to travel on any portion of 11 10 the interstate highway system. 11 11 Sec. 16. Section 321E.12, Code 1999, is amended to read as 11 12 follows: 11 13 321E.12 REGISTRATION MUST BE CONSISTENT. 11 14AnyA vehicle traveling under permit shall be properly 11 15 registered for the gross weight of the vehicle and load.Any11 16 A person owning special mobile equipmentregistered and in11 17compliance with section 321.21,may use a transport vehicle 11 18 registered for the gross weight of the transport without a 11 19 load. Vehicles, while being used for the transportation of 11 20 buildings, except mobile homes and factory-built structures, 11 21 may be registered for the combined gross weight of the vehicle 11 22 and load on a single-trip basis. The fee is five cents per 11 23 ton exceeding the weight registered under section 321.122 per 11 24 mile of travel. Fees shall not be prorated for fractions of 11 25 miles. This provision does not exempt these vehicles from any 11 26 other provision of this chapter. 11 27 Sec. 17. Section 322.5, Code 1999, is amended by adding 11 28 the following new subsection: 11 29 NEW SUBSECTION. 5. A manufacturer, distributor, or dealer 11 30 may, upon receipt of a temporary permit approved by the 11 31 department, display new ambulances, new fire vehicles, and new 11 32 rescue vehicles for educational purposes only at vehicle shows 11 33 and vehicle exhibitions conducted for the express purpose of 11 34 educating fire and rescue personnel in new technology and 11 35 techniques for fire-fighting and rescue efforts. Application 12 1 for temporary permits shall be made upon forms provided by the 12 2 department and shall be accompanied by a ten dollar permit 12 3 fee. Permits shall be issued for a single show or exhibition, 12 4 not to exceed five consecutive days. 12 5 Sec. 18. Section 322.14, Code 1999, is amended by striking 12 6 the section and inserting in lieu thereof the following: 12 7 322.14 PENALTIES. 12 8 1. A person who violates any of the provisions of this 12 9 chapter for which a penalty is not specifically provided is 12 10 guilty of a simple misdemeanor punishable by a fine of not 12 11 less than two hundred fifty dollars nor more than one thousand 12 12 five hundred dollars or by imprisonment not to exceed thirty 12 13 days. 12 14 2. Notwithstanding subsection 1, if a provision of chapter 12 15 537 is applicable to a retail installment contract and a 12 16 violation of that provision is subject to a penalty under 12 17 chapter 537, that penalty shall apply in lieu of a penalty 12 18 provided in this chapter. 12 19 Sec. 19. NEW SECTION. 322.21 REMAINING BALANCE ON TRADE 12 20 VEHICLE. 12 21 The extension of credit by a retail seller to a retail 12 22 buyer, pursuant to a retail installment contract, of the 12 23 amount actually paid or to be paid by the retail seller to 12 24 discharge a purchase money security interest, as defined in 12 25 section 554.9107, on a motor vehicle traded in by the retail 12 26 buyer shall not subject the retail seller to the provisions of 12 27 chapter 536 or 536A. 12 28 Sec. 20. DRIVER'S EDUCATION CURRICULUM – STUDY. The 12 29 legislative council is requested to establish an interim study 12 30 committee consisting of members of both political parties from 12 31 throughout the state. The study may include but is not 12 32 limited to driver's education curriculum, certification of 12 33 persons by the department of transportation to provide street 12 34 and highway driving instruction, costs to students and to 12 35 schools, privatizing driver's education, expansion of behind- 13 1 the-wheel training, and effects on insurance rates. The 13 2 committee may consult with the department of transportation, 13 3 department of education, board of educational examiners, 13 4 parents, educators, insurance executives, and other persons 13 5 with expertise or information relevant to the study of 13 6 driver's education. The committee is directed to submit its 13 7 findings, together with any recommendations, in a report to 13 8 the general assembly which convenes in January 2000. 13 9 Sec. 21. Sections 309.42, 309.56, and 321.21, Code 1999, 13 10 are repealed. 13 11 Sec. 22. EFFECTIVE DATE. The following sections of this 13 12 Act, being deemed of immediate importance, take effect upon 13 13 enactment: 13 14 1. Section 1, amending section 321.1, subsection 32. 13 15 2. Section 10, amending section 321.166. 13 16 3. Section 13, amending section 321.449. 13 17 4. Section 16, amending section 321E.12. 13 18 5. Section 21, repealing sections 309.42, 309.56, and 13 19 321.21. 13 20 EXPLANATION 13 21 This bill amends Code section 321.1 to revise three 13 22 definitions applicable to Code chapter 321, regulating motor 13 23 vehicles and providing for rules of the road. First, a 13 24 provision in the definition of an implement of husbandry is 13 25 amended to provide that an implement of husbandry that is 13 26 operated as special mobile equipment does not have to be 13 27 registered as special mobile equipment. The change is 13 28 necessary because the bill repeals Code section 321.21, 13 29 providing for registration of special mobile equipment. These 13 30 changes take effect upon enactment of the bill. 13 31 Second, the definition of a school bus is modified to 13 32 exclude vehicles which are operated by a regional transit 13 33 system, as defined in Code section 324A.1, for the 13 34 transportation of children as part of or in addition to their 13 35 regularly scheduled service. Currently, the definition of 14 1 school bus excludes such vehicles operated by a municipally or 14 2 privately owned urban transit company for the same purpose. 14 3 The definition of a special truck in Code section 321.1 is 14 4 also revised to provide that a special truck does not include 14 5 a truck tractor operated more than 15,000 miles per year. 14 6 Currently, special trucks are defined as certain motor trucks 14 7 and truck tractors used by persons engaged in farming to 14 8 transport commodities produced or used by the owner or to 14 9 assist another person engaged in farming. Special trucks 14 10 currently do not include truck tractors operated more than 14 11 7,500 miles per year. The owner of a special truck may 14 12 register the vehicle as a special truck and pay a registration 14 13 fee which is less than the registration fee for other trucks 14 14 of similar size and weight. Additionally, special trucks are 14 15 not subject to rules concerning periodic inspections adopted 14 16 by the state department of transportation. 14 17 The bill amends Code section 321.23, relating to 14 18 certificates of title for specially constructed and foreign 14 19 vehicles. The bill provides that the owner of a foreign 14 20 vehicle who has registered the vehicle in this state may 14 21 transfer the vehicle to a licensed motor vehicle dealer 14 22 without obtaining a certificate of title in this state if the 14 23 foreign certificate of title is held by a secured party and 14 24 the motor vehicle dealer has paid the appropriate sum to 14 25 discharge the security interest. 14 26 Code section 321.25 is amended to provide that the period 14 27 of time for which a vehicle may be operated with a 14 28 "registration applied for" card pending issuance of 14 29 registration plates shall be 45 days after the delivery of the 14 30 vehicle to the purchaser from a dealer rather than the current 14 31 30 days. The section is also amended by extending the period 14 32 of time from 22 to 30 days in which a dealer has to apply, on 14 33 behalf of the purchaser of a traded-in vehicle, for a new 14 34 certificate of title to the vehicle when the trade-in 14 35 customer's security interest on the vehicle has been paid by 15 1 the dealer. 15 2 The bill also amends Code section 321.42, relating to lost 15 3 or damaged certificates of title, registration cards, and 15 4 registration plates, to provide that a replacement certificate 15 5 of title may be issued without the released security interest 15 6 noted on the replacement if the security interest was released 15 7 by the lienholder pursuant to a notarized signature on a 15 8 separate form, but the lienholder has not delivered the 15 9 original certificate to the appropriate party. 15 10 Code section 321.48 is amended to extend the period of time 15 11 during which a vehicle dealer can offer a used vehicle for 15 12 sale if a security interest on the vehicle has been paid but 15 13 the certificate of title with the lien discharge noted thereon 15 14 has not yet been received, from 20 to 30 days. 15 15 The bill amends Code section 321.49 to provide that the 15 16 purchaser of a motor vehicle must apply for transfer of 15 17 registration and certificate of title within 30, rather than 15 18 the current 15, days of the assignment or transfer of title, 15 19 or within 30, rather than the current 22, days of delivery to 15 20 the purchaser if the vehicle is subject to a security interest 15 21 which was paid by the dealer. 15 22 The bill also amends Code section 321.50 to provide that a 15 23 security interest in a vehicle of any weight may be discharged 15 24 by noting the cancellation of the security interest on the 15 25 face of the title and on a separate form which is to be 15 26 delivered to the department or to the appropriate county 15 27 treasurer. Currently, only security interests in vehicles 15 28 with a gross vehicle weight rating of 16,000 pounds or more 15 29 may be discharged in this manner. 15 30 Code section 321.178 is amended to eliminate the 15 31 requirement that laboratory driver education instructors be 15 32 licensed teachers. The bill also modifies the requirements 15 33 for street and highway driving instructors who are not 15 34 licensed teachers to provide that, in addition to the current 15 35 requirement that such instructors be certified by the 16 1 department of transportation, the instructors be authorized by 16 2 the board of educational examiners. Final field tests prior 16 3 to students' completion of the driver education course are to 16 4 be administered by a licensed classroom driver education 16 5 instructor. 16 6 The bill eliminates the requirement in Code section 321.189 16 7 that the social security number of a commercial driver's 16 8 licensee appear on the face of the commercial driver's 16 9 license. A person applying for a commercial driver's license 16 10 must still provide the person's social security number on the 16 11 application, as required by federal regulations. The bill 16 12 gives commercial driver's licensees the option currently 16 13 available to other driver's licensees of requesting a number 16 14 other than the driver's social security number as the driver's 16 15 license number. 16 16 The bill also amends Code section 321.449, relating to 16 17 motor carrier safety rules, to provide that a for-hire driver 16 18 of a commercial vehicle who is engaged exclusively in 16 19 intrastate commerce and who operates trucks and truck-tractors 16 20 exclusively for the movement of construction materials and 16 21 equipment to and from construction projects shall have the 16 22 same restrictions on the length of time the driver may drive 16 23 and be on duty as a driver for a private carrier who is not 16 24 for hire and who is engaged exclusively in intrastate 16 25 commerce. The amendment takes effect upon enactment of the 16 26 bill. 16 27 Code section 321.453, providing exceptions to the size, 16 28 weight, and load requirements for vehicles in Code chapter 321 16 29 and to the permit requirements in Code chapter 321E, is 16 30 amended to except road maintenance equipment used in the 16 31 performance of a contract with a state or local authority from 16 32 the requirements. Currently, road maintenance equipment owned 16 33 by or under lease to a state or local authority is excepted 16 34 from the requirements. 16 35 The bill amends Code section 321E.8 by increasing the 17 1 length and height limitations for vehicles carrying an 17 2 indivisible load pursuant to one category of an excessive size 17 3 and weight permit. The length limitation is increased from 17 4 100 to 120 feet. The height limitation is increased from 14 17 5 feet to 15 feet five inches. 17 6 The bill also amends Code section 322.5 to allow a motor 17 7 vehicle manufacturer, distributor, or dealer to display 17 8 ambulances, new fire vehicles, and new rescue vehicles, 17 9 pursuant to a temporary permit, for educational purposes at 17 10 vehicle shows and exhibitions conducted to educate fire and 17 11 rescue personnel in new technology and techniques. The 17 12 temporary permits are available upon application to the state 17 13 department of transportation and payment of a $10 permit fee. 17 14 Code section 322.14, providing penalties for violations of 17 15 Code chapter 322 regulating motor vehicle manufacturers, 17 16 distributors, and dealers, is amended to provide that 17 17 violations for which a penalty is not specifically provided 17 18 are simple misdemeanors punishable by a fine of not less than 17 19 $250 nor more than $1,500 or by imprisonment not to exceed 30 17 20 days. The bill subjects manufacturers and distributors who 17 21 terminate or fail to renew a contract with a motor vehicle 17 22 dealer without reasonable cause or because the dealer did not 17 23 sell, assign, or transfer a retail installment contract to a 17 24 person or class of persons designated by the manufacturer or 17 25 distributor to the same penalty provisions as persons 17 26 violating other provisions of Code chapter 322. Currently, 17 27 persons violating a provision of Code chapter 322 for which a 17 28 specific penalty is not provided, except for manufacturers and 17 29 distributors who terminate or fail to renew a contract with a 17 30 dealer without reasonable cause, are guilty of serious 17 31 misdemeanors, punishable by a fine of not less than $250 nor 17 32 more than $1,500 or by imprisonment not to exceed one year. 17 33 The bill adds Code section 322.21, providing that when a 17 34 vehicle which is traded in to a dealer on the purchase of 17 35 another vehicle is worth less than the amount owed on the 18 1 trade-in, the amount necessary to pay off the security 18 2 interest on the trade-in may be included in the amount of the 18 3 retail installment contract for the vehicle purchased without 18 4 subjecting the dealer to Code chapter 536 or 536A, regulating 18 5 loans. 18 6 The bill also repeals Code sections 309.42 and 309.56, 18 7 requiring that the state department of transportation review 18 8 local county plans and contracts for road, bridge, and culvert 18 9 construction on secondary roads. The bill provides an 18 10 immediate effective date for these repeals. 18 11 Code section 321.21, providing for registration of vehicles 18 12 classified as special mobile equipment, is repealed by the 18 13 bill. Special mobile equipment is defined by Code section 18 14 321.1 as every vehicle not designed or used primarily for the 18 15 transportation of persons or property and incidentally 18 16 operated or moved on the highways. The bill also makes 18 17 corresponding changes in Code sections 321.166 and 321E.12. 18 18 The bill provides an immediate effective date for these 18 19 provisions as well as the amendment to Code section 321.1, 18 20 subsection 32, relating to registration of special mobile 18 21 equipment. 18 22 The bill requests the legislative council to establish an 18 23 interim study committee on driver's education curriculum. 18 24 LSB 2644HV 78 18 25 nh/jw/5
Text: HF00440 Text: HF00442 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00400/HF00441/990302.html
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