Text: HF00650 Text: HF00652 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 651 1 2 1 3 AN ACT 1 4 RELATING TO IMPLEMENTS OF HUSBANDRY AND RESTRICTIONS ON THE 1 5 MOVEMENT OF SUCH IMPLEMENTS, AND OTHER VEHICLES, UPON THE 1 6 HIGHWAYS OF THIS STATE AND MAKING PENALTIES APPLICABLE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 321.1, Code 1999, is amended by adding 1 11 the following new subsections: 1 12 NEW SUBSECTION. 24A. "Fence-line feeder" means a vehicle 1 13 used exclusively for the mixing and dispensing of nutrients to 1 14 bovine animals at a feedlot. 1 15 NEW SUBSECTION. 28A. "Grain cart" means a vehicle with a 1 16 nonsteerable single or tandem axle designed to move grain. 1 17 Sec. 2. Section 321.1, subsection 32, Code 1999, is 1 18 amended to read as follows: 1 19 32. "Implement of husbandry" means
everya vehicle which1 20 isor special mobile equipment manufactured, designed, or 1 21 reconstructed for agricultural purposes and, except for 1 22 incidental uses, exclusively used , except as herein otherwise1 23 provided, by the owner thereofin the conduct of the owner's1 24 agricultural operations. Implements"Implements of husbandry1 25 shall also include:husbandry" includes all-terrain vehicles 1 26 operated in compliance with section 321.234A, fence-line 1 27 feeders, and vehicles used exclusively for the application of 1 28 organic or inorganic plant food materials, organic 1 29 agricultural limestone, or agricultural chemicals. To be 1 30 considered an implement of husbandry, a self-propelled 1 31 implement of husbandry must be operated at speeds of thirty- 1 32 five miles per hour or less. "Reconstructed" as used in this 1 33 subsection means materially altered from the original 1 34 construction by the removal, addition, or substitution of 1 35 essential parts, new or used. 2 1 a. Portable livestock loading chutes without regard to2 2 whether such chutes are used by the owner in the conduct of2 3 the owner's agricultural operations, provided that such chutes2 4 are not used as a vehicle on the highway for the purpose of2 5 transporting property.2 6 b. Any vehicle which is principally designed for2 7 agricultural purposes and which is moved during daylight hours2 8 for a distance not to exceed one hundred miles by a person in2 9 any of the following ways:2 10 (1) From a place at which the vehicles are manufactured,2 11 fabricated, repaired, or sold to a farm site or a retail2 12 seller or from a retail seller to a farm site.2 13 (2) To a place at which the vehicles are manufactured,2 14 fabricated, repaired, or sold from a farm site or a retail2 15 seller or to a retail seller from a farm site.2 16 (3) From a place where the vehicles are housed,2 17 maintained, or stored to a farm site, retail seller, place of2 18 repair, or marketplace.2 19 (4) From a farm site, retail seller, place of repair, or2 20 marketplace to a place where the vehicles are housed,2 21 maintained, or stored.2 22 (5) From one farm site to another farm site.2 23 (6) From a farm site to market or from a market to a farm2 24 site.2 25 For the purpose of this subsection and sections 321.383 and2 26 321.453, "farm site" means a place or location at which2 27 vehicles principally designed for agricultural purposes are2 28 used or intended to be used in agricultural operations or for2 29 the purpose of exhibiting, demonstrating, testing, or2 30 experimenting with the vehicles.2 31 c. Any semitrailer converted to a full trailer by the use2 32 of a dolly used by the owner in the conduct of the owner's2 33 agricultural operations to transport agricultural products2 34 being towed by a farm tractor provided the vehicle is operated2 35 in compliance with the following requirements:3 1 (1) The towing unit is equipped with a braking device3 2 which can control the movement of and stop the vehicles. When3 3 the semitrailer is being towed at a speed of twenty miles per3 4 hour, the braking device shall be adequate to stop the3 5 vehicles within fifty feet from the point the brakes are3 6 applied. The semitrailer shall be equipped with brakes upon3 7 all wheels.3 8 (2) The towing vehicle shall be equipped with a rear view3 9 mirror to permit the operator a view of the highway for a3 10 distance of at least two hundred feet to the rear.3 11 (3) The semitrailer shall be equipped with a turn signal3 12 device which operates in conjunction with or separately from3 13 the rear taillight and shall be plainly visible from a3 14 distance of one hundred feet.3 15 (4) The semitrailer shall be equipped with two flashing3 16 amber lights one on each side of the rear of the vehicle and3 17 be plainly visible for a distance of five hundred feet in3 18 normal sunlight or at night.3 19 (5) The semitrailer shall be operated in compliance with3 20 sections 321.123 and 321.463.3 21 d. All-terrain vehicles.3 22 e. (1) Portable tanks, nurse tanks, trailers, and bulk3 23 spreaders which are not self-propelled and which have gross3 24 weights of not more than twelve tons and are used for the3 25 transportation of fertilizer and chemicals used for farm crop3 26 production.3 27 (2) Other types of equipment than those listed in3 28 subparagraph (1) which are used primarily for the application3 29 of fertilizers and chemicals in farm fields or for farm3 30 storage.3 31 f. Self-propelled machinery operated at speeds of less3 32 than thirty miles per hour or machinery towed by a motor3 33 vehicle or farm tractor. The machinery must be specifically3 34 designed for, or especially adapted to be capable of,3 35 incidental over-the-road and primary off-road usage. In4 1 addition, the machinery must be used exclusively for the4 2 mixing and dispensing of nutrients to bovine animals fed at a4 3 feedlot, or the application of organic or inorganic plant food4 4 materials, agricultural limestone, or agricultural chemicals.4 5 However, the machinery shall not be specifically designed or4 6 intended for the transportation of such nutrients, plant food4 7 materials, agricultural limestone, or agricultural chemicals.4 8 Notwithstanding the other provisions of this subsection any4 9 A vehicle covered therebyunder this subsection, if it 4 10 otherwise qualifies, may be registered as special mobile 4 11 equipment, or operated or moved under the provisions of 4 12 sections 321.57 tothrough 321.63, if the person in whose name 4 13 such vehicle is to be registered or to whom a special plate or 4 14 plates are to be issued elects to do so and under such 4 15 circumstances the provisions ofthis subsection shall not be 4 16 applicable to such vehicle, nor shalland such vehicle shall 4 17 not be required to comply with the provisions ofsections 4 18 321.384 to 321.429through 321.423, when such vehicle is moved 4 19 during daylight hours , provided; however, the provisions of 4 20 section 321.383 shall remain applicable to such vehicle. 4 21 Sec. 3. Section 321.1, Code 1999, is amended by adding the 4 22 following new subsections: 4 23 NEW SUBSECTION. 54A. "Product identification number" or 4 24 the acronym PIN means a group of unique numerical or 4 25 alphabetical designations assigned to a complete fence-line 4 26 feeder, grain cart, or tank wagon by the manufacturer or by 4 27 the department and affixed to the vehicle, pursuant to rules 4 28 adopted by the department, as a means of identifying the 4 29 vehicle or the year of manufacture. 4 30 NEW SUBSECTION. 80A. "Tank wagon" means a vehicle 4 31 designed to carry liquid animal or human excrement. 4 32 Sec. 4. Section 321.234A, Code 1999, is amended to read as 4 33 follows: 4 34 321.234A ALL-TERRAIN VEHICLES BICYCLE SAFETY FLAG 4 35 REQUIRED. 5 1 All-terrain vehicles shall be operated on a highway only 5 2 between sunrise and sunset and only when the operation on the 5 3 highway is incidental to the vehicle's use for agricultural 5 4 purposes. A person operating an all-terrain vehicle on a 5 5 highway shall have a valid driver's license and the vehicle 5 6 shall be operated at speeds of less than thirtythirty-five 5 7 miles per hour or less. When operated on a highway, an all- 5 8 terrain vehicle shall have a bicycle safety flag which extends 5 9 not less than five feet above the ground attached to the rear 5 10 of the vehicle. The bicycle safety flag shall be triangular 5 11 in shape with an area of not less than thirty square inches, 5 12 be Day-Glo in color, and shall be in lieu of the reflective 5 13 equipment required by section 321.383. 5 14 Sec. 5. Section 321.383, Code 1999, is amended to read as 5 15 follows: 5 16 321.383 EXCEPTIONS SLOW VEHICLES IDENTIFIED. 5 17 1. This chapter with respect to equipment on vehicles does 5 18 not apply to implements of husbandry, road machinery, or bulk 5 19 spreaders and other fertilizer and chemical equipment defined 5 20 as special mobile equipment, road rollers, or farm tractors5 21 except as made applicable in this section. However, the 5 22 movement of implements of husbandry between the retail seller5 23 and a farm purchaser or from farm site to farm site or the5 24 movement of indivisible implements of husbandry between the5 25 place of manufacture and a retail seller or farm purchaser5 26 under section 321.453on a roadway is subject to safety rules 5 27 adopted by the department. The safety rules shall prohibit 5 28 the movement of any power unit towing more than one implement 5 29 of husbandry from the manufacturer to the retail seller, from 5 30 the retail seller to the farm purchaser, or from the 5 31 manufacturer to the farm purchaser. 5 32 2. When operated on a highway in this state at a speed of 5 33 thirtythirty-five miles per hour or less, every farm tractor, 5 34 or tractor with towed equipment, self-propelled implement of 5 35 husbandry, road construction or maintenance vehicle, road 6 1 grader, horse-drawn vehicle, or any other vehicle principally 6 2 designed for use off the highway and any such tractor, 6 3 implement, vehicle, or grader when manufactured for sale or 6 4 sold at retail after December 31, 1971, shall be identified 6 5 with a reflective device in accordance with the standards of 6 6 the American society of agricultural engineers; however, this 6 7 provision shall not apply to such vehicles when traveling in 6 8 any escorted parade. The reflective device shall be visible 6 9 from the rear. A vehicle other than those specified in this 6 10 section shall not display a reflective device. On vehicles 6 11 operating at speeds above thirtythirty-five miles per hour, 6 12 the reflective device shall be removed or hidden from view. 6 13 3. Garbage collection vehicles, when operated on the 6 14 streets or highways of this state at speeds of thirtythirty- 6 15 five miles per hour or less, may display a reflective device 6 16 that complies with the standards of the American society of 6 17 agricultural engineers. At speeds in excess of thirtythirty- 6 18 five miles per hour the device shall not be visible. 6 19 Any person who violates any provision of this section shall 6 20 be fined as provided in section 805.8, subsection 2, paragraph 6 21 "d". 6 22 Sec. 6. Section 321.453, Code 1999, is amended to read as 6 23 follows: 6 24 321.453 EXCEPTIONS. 6 25 The provisions of this chapter governing size, weight, and 6 26 load, and the permit requirements of chapter 321E do not apply 6 27 to fire apparatus ,; road maintenance equipment owned by or 6 28 under lease to any state or local authority ,; or to implements 6 29 of husbandry temporarilymoved or moving upon a highway, 6 30 implements of husbandry moved from farm site to farm site or6 31 between the retail seller and a farm purchaser, implements of6 32 husbandry moved between any site and the site of an6 33 agricultural exposition or a fair administered pursuant to6 34 chapter 173 or 174, indivisible implements of husbandry6 35 temporarily moved between the place of manufacture and a7 1 retail seller or a farm purchaser, implements of husbandry7 2 received and moved by a retail seller of implements of7 3 husbandry in exchange for a purchased implement, or implements7 4 of husbandry moved for repairs, except on any part of the7 5 interstate highway systemexcept for those implements of 7 6 husbandry moved or moving on any portion of the interstate and 7 7 except as provided in sections 321.463, 321.471, and 321.474. 7 8 A vehicle, carrying an implement of husbandry, which is 7 9 exempted from the permit requirements under this section shall 7 10 be equipped with an amber flashing light under section7 11 321.423,visible from the rear. If the amber flashing light 7 12 is obstructed by the loaded implement, the loaded implement 7 13 shall also be equipped with and display an amber flashing 7 14 light. The vehicle shall also be equipped with warning flags 7 15 on that portion of the vehicle which protrudes into oncoming 7 16 traffic, and shall only operate from thirty minutes prior to 7 17 sunrise to thirty minutes following sunset. The one hundred-7 18 mile distance restriction contained in the definition of7 19 implement of husbandry in section 321.1 does not apply to this7 20 section.7 21 Sec. 7. Section 321.463, subsection 4, Code 1999, is 7 22 amended by striking the subsection and inserting in lieu 7 23 thereof the following: 7 24 4. a. Self-propelled implements of husbandry used 7 25 exclusively for the application of organic or inorganic plant 7 26 food materials, agricultural limestone, or agricultural 7 27 chemicals shall be operated in compliance with this section. 7 28 b. Fence-line feeders, grain carts, and tank wagons 7 29 manufactured on or after July 1, 2001, shall be operated in 7 30 compliance with this section. The year of manufacture of the 7 31 fence-line feeder, grain cart, or tank wagon shall be 7 32 permanently made a part of the identification plate on the 7 33 vehicle. An attempt to fraudulently alter or deface the year 7 34 of manufacture or other product identification number on a 7 35 fence-line feeder, grain cart, or tank wagon is a violation of 8 1 section 321.92. Commencing July 1, 2005, all fence-line 8 2 feeders, grain carts, and tank wagons shall be operated in 8 3 compliance with this section. However, the weight on any 8 4 single axle or any particular group of axles or the overall 8 5 gross weight of the vehicle may exceed the maximum weight 8 6 otherwise allowed by this chapter by twenty percent. If the 8 7 vehicle exceeds the twenty percent tolerance allowed by this 8 8 paragraph, the fine to be assessed for the violation shall be 8 9 computed on the difference between the actual weight and the 8 10 tolerance weight allowed under this chapter. 8 11 Sec. 8. Section 321.471, Code 1999, is amended to read as 8 12 follows: 8 13 321.471 LOCAL AUTHORITIES MAY RESTRICT. 8 14 1. Local authorities with respect to a highway under their 8 15 jurisdiction may by ordinance or resolution prohibit the 8 16 operation of vehicles upon the highway or impose restrictions 8 17 as to the weight of vehicles to be operated upon the highway ,8 18 except implements of husbandry as defined in section 321.1,8 19 subsection 32 and implements of husbandry loaded on hauling8 20 units for transporting the implements to locations for8 21 purposes of repair,for a total period of not to exceed ninety 8 22 days in any one calendar year, whenever the highway by reason 8 23 of deterioration, rain, snow, or other climatic conditions 8 24 will be seriously damaged or destroyed unless the use of 8 25 vehicles on the highway is prohibited or the permissible 8 26 weights reduced. The ordinance or resolution shall not apply 8 27 to implements of husbandry as defined in section 321.1, 8 28 implements of husbandry loaded on hauling units for 8 29 transporting the implements to locations for repair, or fire 8 30 apparatus and road maintenance equipment owned by or under 8 31 lease to a state or local authority. 8 32 A person who violates the provisions of the ordinance or 8 33 resolution shall, upon conviction or a plea of guilty, be 8 34 subject to a fine determined by dividing the difference 8 35 between the actual weight and the maximum weight established 9 1 by the ordinance or resolution by one hundred, and multiplying 9 2 the quotient by two dollars. Local authorities may issue 9 3 special permits, during periods the restrictions are in 9 4 effect, to permit limited operation of vehicles upon specified 9 5 routes with loads in excess of any restrictions imposed under 9 6 this subsection, but not in excess of load restrictions 9 7 imposed by any other provision of this chapter, and the 9 8 authorities shall issue the permits upon a showing that there 9 9 is a need to move to market farm produce of the type subject 9 10 to rapid spoilage or loss of value or to move to any farm 9 11 feeds or fuel for home heating purposes. 9 12 2. a. Upon a finding that a bridge or culvert does not 9 13 meet established standards set forth by state and federal 9 14 authorities, local authorities may by ordinance or resolution 9 15 impose limitations for an indefinite period of time on the 9 16 weight of vehicles upon bridges or culverts located on 9 17 highways under their sole jurisdiction. The limitations shall 9 18 be effective when signs giving notice of the limitations are 9 19 erected. The ordinance or resolution shall not apply to 9 20 implements of husbandry as defined in section 321.1,9 21 subsection 32 or toimplements of husbandry loaded on hauling 9 22 units for transporting the implements to locations for 9 23 purposes of repair or to fire apparatus or road maintenance 9 24 equipment owned by or under lease to any state or local 9 25 authority. 9 26 b. A person who violates the ordinance or resolution 9 27 shall, upon conviction or a guilty plea, be subject to a fine 9 28 determined by dividing the difference between the actual 9 29 weight of the vehicle and the maximum weight allowed by the 9 30 ordinance or resolution by one hundred and multiplying the 9 31 quotient by two dollars. Local authorities may issue or 9 32 approve special permits allowing the operation over a bridge 9 33 or culvert of vehicles with weights in excess of restrictions 9 34 imposed under the ordinance or resolution, but not in excess 9 35 of load restrictions imposed by any other provision of this 10 1 chapter. The local authority shall issue such a permit for 10 2 not to exceed eight weeks upon a showing of agricultural 10 3 hardship. The operator of a vehicle which is the subject of a 10 4 permit issued under this paragraph shall carry the permit 10 5 while operating the vehicle and shall show the permit to any 10 6 peace officer upon request. 10 7 Sec. 9. Section 321.474, unnumbered paragraph 1, Code 10 8 1999, is amended to read as follows: 10 9 The department shall have authority, as granted to local 10 10 authorities, to determine by resolution and to impose 10 11 restrictions as to the weight of vehicles, except farm10 12 tractorsimplements of husbandry as defined in section 321.1, 10 13 subsection 24implements of husbandry loaded on hauling units 10 14 for transporting the implements to locations for repair, and 10 15 fire apparatus and road maintenance equipment owned by or 10 16 under lease to any state or local authority, operated upon any 10 17 highway under the jurisdiction of the department and thefor a 10 18 definite period of time not to exceed twelve months. The 10 19 restrictions shall be effective when signs giving notice of 10 20 the restrictions and the expiration date of the restrictions 10 21 are erected upon the affected highway or portion of any10 22 highway affected by the resolution. Resolutions imposing10 23 restrictions under section 321.473 shall be for a definite10 24 period of time not to exceed twelve months. The expiration10 25 date of the resolution shall appear on all signs posted as10 26 required by this section.10 27 Upon a finding that a bridge or culvert does not meet 10 28 established standards set forth by state and federal 10 29 authorities, the department may impose, by resolution, 10 30 restrictions for an indefinite period of time on the weight of 10 31 vehicles operated upon bridges or culverts located on highways 10 32 under its jurisdiction. The restrictions shall be effective 10 33 when signs giving notice of the restrictions are erected. The 10 34 restrictions shall not apply to implements of husbandry loaded 10 35 on hauling units for transporting the implements to locations 11 1 for purposes of repair or to fire apparatus or road 11 2 maintenance equipment owned by or under lease to any state or 11 3 local authority. 11 4 Sec. 10. Section 321.474, unnumbered paragraph 3, Code 11 5 1999, is amended to read as follows: 11 6 Any person who violates a provision of therestriction 11 7 imposed by resolution pursuant to this section, upon 11 8 conviction or a plea of guilty, is subject to a fine 11 9 determined by dividing the difference between the actual 11 10 weight of the vehicle and the maximum weight established by11 11 the resolutionallowed by the restriction by one hundred ,and 11 12 multiplying the quotient by two dollars. The department may 11 13 issue special permits, during periods the restrictions are in 11 14 effect, to permit limited operation of vehicles upon specified 11 15 routes with loads in excess of any restrictions imposed under 11 16 this section, but not in excess of load restrictions imposed 11 17 by this chapter. The department shall issue a special permit 11 18 for not to exceed eight weeks upon a showing of agricultural 11 19 hardship. The department shall issue special permits in11 20 accordance with the foregoingto trucks moving farm produce, 11 21 which decays or loses its value if not speedily put to its 11 22 intended use, to market upon a showing to the department that 11 23 there is a requirement for trucking the produce, or to trucks 11 24 moving any farm feeds or fuel necessary for home heating 11 25 purposes. The operator of a vehicle which is the subject of a 11 26 permit issued under this paragraph shall carry the permit 11 27 while operating the vehicle and shall show the permit to any 11 28 peace officer upon request. 11 29 Sec. 11. Section 714.8, subsection 11, Code 1999, is 11 30 amended to read as follows: 11 31 11. Removes, defaces, covers, alters, or destroys any 11 32 component part number as defined in section 321.1, subsection11 33 14, orvehicle identification number as defined in section 11 34 321.1, subsection 91,or product identification number as 11 35 defined in section 321.1, for the purpose of concealing or 12 1 misrepresenting the identity or year of manufacture of the 12 2 component part or vehicle. 12 3 Sec. 12. IMPLEMENTS OF HUSBANDRY STUDY. The state 12 4 department of transportation shall, in consultation with 12 5 manufacturers and distributors of implements of husbandry, 12 6 agricultural associations, and the Iowa state association of 12 7 counties, study tracked vehicles, the use of flotation tires, 12 8 and the fine and legal axle weight schedules applicable to 12 9 grain carts, tank wagons, and fence-line feeders operated on 12 10 public roadways. The department shall report its findings and 12 11 recommendations to the general assembly by January 1, 2000. 12 12 12 13 12 14 12 15 RON J. CORBETT 12 16 Speaker of the House 12 17 12 18 12 19 12 20 MARY E. KRAMER 12 21 President of the Senate 12 22 12 23 I hereby certify that this bill originated in the House and 12 24 is known as House File 651, Seventy-eighth General Assembly. 12 25 12 26 12 27 12 28 ELIZABETH ISAACSON 12 29 Chief Clerk of the House 12 30 Approved , 1999 12 31 12 32 12 33 12 34 THOMAS J. VILSACK 12 35 Governor
Text: HF00650 Text: HF00652 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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