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House File 651

Partial Bill History

Bill Text

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 every a vehicle which
  1 20 is or special mobile equipment manufactured, designed, or
  1 21 reconstructed for agricultural purposes and, except for
  1 22 incidental uses, exclusively used, except as herein otherwise
  1 23 provided, by the owner thereof in the conduct of the owner's
  1 24 agricultural operations.  Implements "Implements of husbandry
  1 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 to
  2  2 whether such chutes are used by the owner in the conduct of
  2  3 the owner's agricultural operations, provided that such chutes
  2  4 are not used as a vehicle on the highway for the purpose of
  2  5 transporting property.
  2  6    b.  Any vehicle which is principally designed for
  2  7 agricultural purposes and which is moved during daylight hours
  2  8 for a distance not to exceed one hundred miles by a person in
  2  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 retail
  2 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 retail
  2 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 of
  2 18 repair, or marketplace.
  2 19    (4)  From a farm site, retail seller, place of repair, or
  2 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 farm
  2 24 site.
  2 25    For the purpose of this subsection and sections 321.383 and
  2 26 321.453, "farm site" means a place or location at which
  2 27 vehicles principally designed for agricultural purposes are
  2 28 used or intended to be used in agricultural operations or for
  2 29 the purpose of exhibiting, demonstrating, testing, or
  2 30 experimenting with the vehicles.
  2 31    c.  Any semitrailer converted to a full trailer by the use
  2 32 of a dolly used by the owner in the conduct of the owner's
  2 33 agricultural operations to transport agricultural products
  2 34 being towed by a farm tractor provided the vehicle is operated
  2 35 in compliance with the following requirements:
  3  1    (1)  The towing unit is equipped with a braking device
  3  2 which can control the movement of and stop the vehicles.  When
  3  3 the semitrailer is being towed at a speed of twenty miles per
  3  4 hour, the braking device shall be adequate to stop the
  3  5 vehicles within fifty feet from the point the brakes are
  3  6 applied.  The semitrailer shall be equipped with brakes upon
  3  7 all wheels.
  3  8    (2)  The towing vehicle shall be equipped with a rear view
  3  9 mirror to permit the operator a view of the highway for a
  3 10 distance of at least two hundred feet to the rear.
  3 11    (3)  The semitrailer shall be equipped with a turn signal
  3 12 device which operates in conjunction with or separately from
  3 13 the rear taillight and shall be plainly visible from a
  3 14 distance of one hundred feet.
  3 15    (4)  The semitrailer shall be equipped with two flashing
  3 16 amber lights one on each side of the rear of the vehicle and
  3 17 be plainly visible for a distance of five hundred feet in
  3 18 normal sunlight or at night.
  3 19    (5)  The semitrailer shall be operated in compliance with
  3 20 sections 321.123 and 321.463.
  3 21    d.  All-terrain vehicles.
  3 22    e.  (1)  Portable tanks, nurse tanks, trailers, and bulk
  3 23 spreaders which are not self-propelled and which have gross
  3 24 weights of not more than twelve tons and are used for the
  3 25 transportation of fertilizer and chemicals used for farm crop
  3 26 production.
  3 27    (2)  Other types of equipment than those listed in
  3 28 subparagraph (1) which are used primarily for the application
  3 29 of fertilizers and chemicals in farm fields or for farm
  3 30 storage.
  3 31    f.  Self-propelled machinery operated at speeds of less
  3 32 than thirty miles per hour or machinery towed by a motor
  3 33 vehicle or farm tractor.  The machinery must be specifically
  3 34 designed for, or especially adapted to be capable of,
  3 35 incidental over-the-road and primary off-road usage.  In
  4  1 addition, the machinery must be used exclusively for the
  4  2 mixing and dispensing of nutrients to bovine animals fed at a
  4  3 feedlot, or the application of organic or inorganic plant food
  4  4 materials, agricultural limestone, or agricultural chemicals.
  4  5 However, the machinery shall not be specifically designed or
  4  6 intended for the transportation of such nutrients, plant food
  4  7 materials, agricultural limestone, or agricultural chemicals.
  4  8    Notwithstanding the other provisions of this subsection any
  4  9 A vehicle covered thereby under 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 to through 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 of this subsection shall not be
  4 16 applicable to such vehicle, nor shall and such vehicle shall
  4 17 not be required to comply with the provisions of sections
  4 18 321.384 to 321.429 through 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 thirty thirty-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 tractors
  5 21 except as made applicable in this section.  However, the
  5 22 movement of implements of husbandry between the retail seller
  5 23 and a farm purchaser or from farm site to farm site or the
  5 24 movement of indivisible implements of husbandry between the
  5 25 place of manufacture and a retail seller or farm purchaser
  5 26 under section 321.453 on 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 thirty thirty-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 thirty thirty-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 thirty thirty-
  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 thirty thirty-
  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 temporarily moved or moving upon a highway,
  6 30 implements of husbandry moved from farm site to farm site or
  6 31 between the retail seller and a farm purchaser, implements of
  6 32 husbandry moved between any site and the site of an
  6 33 agricultural exposition or a fair administered pursuant to
  6 34 chapter 173 or 174, indivisible implements of husbandry
  6 35 temporarily moved between the place of manufacture and a
  7  1 retail seller or a farm purchaser, implements of husbandry
  7  2 received and moved by a retail seller of implements of
  7  3 husbandry in exchange for a purchased implement, or implements
  7  4 of husbandry moved for repairs, except on any part of the
  7  5 interstate highway system except 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 section
  7 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 of
  7 19 implement of husbandry in section 321.1 does not apply to this
  7 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 hauling
  8 20 units for transporting the implements to locations for
  8 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 to implements 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 farm
 10 12 tractors implements of husbandry as defined in section 321.1,
 10 13 subsection 24 implements 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 the for 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 any
 10 22 highway affected by the resolution.  Resolutions imposing
 10 23 restrictions under section 321.473 shall be for a definite
 10 24 period of time not to exceed twelve months.  The expiration
 10 25 date of the resolution shall appear on all signs posted as
 10 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 the restriction
 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 by
 11 11 the resolution allowed 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 in
 11 20 accordance with the foregoing to 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, subsection
 11 33 14, or vehicle 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
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