Text: HSB00145                          Text: HSB00147
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 146

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.1, Code 1999, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  28A.  "Grain cart" means a vehicle with a
  1  4 nonsteerable single or tandem axle designed to move grain.
  1  5    Sec. 2.  Section 321.1, subsection 32, Code 1999, is
  1  6 amended to read as follows:
  1  7    32.  "Implement of husbandry" means every a vehicle which
  1  8 is or special mobile equipment manufactured, designed, or
  1  9 reconstructed for agricultural purposes and, except for
  1 10 incidental uses, exclusively used, except as herein otherwise
  1 11 provided, by the owner thereof in the conduct of the owner's
  1 12 agricultural operations.  Implements "Implements of husbandry
  1 13 shall also include: husbandry" includes all-terrain vehicles
  1 14 operated in compliance with section 321.234A and vehicles used
  1 15 exclusively for the mixing and dispensing of nutrients to
  1 16 bovine animals at a feedlot, or for the application of organic
  1 17 or inorganic plant food materials, organic agricultural
  1 18 limestone, or agricultural chemicals.  To be considered an
  1 19 implement of husbandry, a self-propelled implement of
  1 20 husbandry must be operated at speeds of thirty miles per hour
  1 21 or less.  "Reconstructed" as used in this subsection means
  1 22 materially altered from the original construction by the
  1 23 removal, addition, or substitution of essential parts, new or
  1 24 used.
  1 25    a.  Portable livestock loading chutes without regard to
  1 26 whether such chutes are used by the owner in the conduct of
  1 27 the owner's agricultural operations, provided that such chutes
  1 28 are not used as a vehicle on the highway for the purpose of
  1 29 transporting property.
  1 30    b.  Any vehicle which is principally designed for
  1 31 agricultural purposes and which is moved during daylight hours
  1 32 for a distance not to exceed one hundred miles by a person in
  1 33 any of the following ways:
  1 34    (1)  From a place at which the vehicles are manufactured,
  1 35 fabricated, repaired, or sold to a farm site or a retail
  2  1 seller or from a retail seller to a farm site.
  2  2    (2)  To a place at which the vehicles are manufactured,
  2  3 fabricated, repaired, or sold from a farm site or a retail
  2  4 seller or to a retail seller from a farm site.
  2  5    (3)  From a place where the vehicles are housed,
  2  6 maintained, or stored to a farm site, retail seller, place of
  2  7 repair, or marketplace.
  2  8    (4)  From a farm site, retail seller, place of repair, or
  2  9 marketplace to a place where the vehicles are housed,
  2 10 maintained, or stored.
  2 11    (5)  From one farm site to another farm site.
  2 12    (6)  From a farm site to market or from a market to a farm
  2 13 site.
  2 14    For the purpose of this subsection and sections 321.383 and
  2 15 321.453, "farm site" means a place or location at which
  2 16 vehicles principally designed for agricultural purposes are
  2 17 used or intended to be used in agricultural operations or for
  2 18 the purpose of exhibiting, demonstrating, testing, or
  2 19 experimenting with the vehicles.
  2 20    c.  Any semitrailer converted to a full trailer by the use
  2 21 of a dolly used by the owner in the conduct of the owner's
  2 22 agricultural operations to transport agricultural products
  2 23 being towed by a farm tractor provided the vehicle is operated
  2 24 in compliance with the following requirements:
  2 25    (1)  The towing unit is equipped with a braking device
  2 26 which can control the movement of and stop the vehicles.  When
  2 27 the semitrailer is being towed at a speed of twenty miles per
  2 28 hour, the braking device shall be adequate to stop the
  2 29 vehicles within fifty feet from the point the brakes are
  2 30 applied.  The semitrailer shall be equipped with brakes upon
  2 31 all wheels.
  2 32    (2)  The towing vehicle shall be equipped with a rear view
  2 33 mirror to permit the operator a view of the highway for a
  2 34 distance of at least two hundred feet to the rear.
  2 35    (3)  The semitrailer shall be equipped with a turn signal
  3  1 device which operates in conjunction with or separately from
  3  2 the rear taillight and shall be plainly visible from a
  3  3 distance of one hundred feet.
  3  4    (4)  The semitrailer shall be equipped with two flashing
  3  5 amber lights one on each side of the rear of the vehicle and
  3  6 be plainly visible for a distance of five hundred feet in
  3  7 normal sunlight or at night.
  3  8    (5)  The semitrailer shall be operated in compliance with
  3  9 sections 321.123 and 321.463.
  3 10    d.  All-terrain vehicles.
  3 11    e.  (1)  Portable tanks, nurse tanks, trailers, and bulk
  3 12 spreaders which are not self-propelled and which have gross
  3 13 weights of not more than twelve tons and are used for the
  3 14 transportation of fertilizer and chemicals used for farm crop
  3 15 production.
  3 16    (2)  Other types of equipment than those listed in
  3 17 subparagraph (1) which are used primarily for the application
  3 18 of fertilizers and chemicals in farm fields or for farm
  3 19 storage.
  3 20    f.  Self-propelled machinery operated at speeds of less
  3 21 than thirty miles per hour or machinery towed by a motor
  3 22 vehicle or farm tractor.  The machinery must be specifically
  3 23 designed for, or especially adapted to be capable of,
  3 24 incidental over-the-road and primary off-road usage.  In
  3 25 addition, the machinery must be used exclusively for the
  3 26 mixing and dispensing of nutrients to bovine animals fed at a
  3 27 feedlot, or the application of organic or inorganic plant food
  3 28 materials, agricultural limestone, or agricultural chemicals.
  3 29 However, the machinery shall not be specifically designed or
  3 30 intended for the transportation of such nutrients, plant food
  3 31 materials, agricultural limestone, or agricultural chemicals.
  3 32    Notwithstanding the other provisions of this subsection any
  3 33 A vehicle covered thereby under this subsection, if it
  3 34 otherwise qualifies, may be registered as special mobile
  3 35 equipment, or operated or moved under the provisions of
  4  1 sections 321.57 to through 321.63, if the person in whose name
  4  2 such vehicle is to be registered or to whom a special plate or
  4  3 plates are to be issued elects to do so and under such
  4  4 circumstances the provisions of this subsection shall not be
  4  5 applicable to such vehicle, nor shall and such vehicle shall
  4  6 not be required to comply with the provisions of sections
  4  7 321.384 to 321.429 through 321.423, when such vehicle is moved
  4  8 during daylight hours, provided; however, the provisions of
  4  9 section 321.383 shall remain applicable to such vehicle.
  4 10    Sec. 3.  Section 321.383, subsection 1, Code 1999, is
  4 11 amended to read as follows:
  4 12    1.  This chapter with respect to equipment on vehicles does
  4 13 not apply to implements of husbandry, road machinery, or bulk
  4 14 spreaders and other fertilizer and chemical equipment defined
  4 15 as special mobile equipment, road rollers, or farm tractors
  4 16 except as made applicable in this section.  However, the
  4 17 movement of implements of husbandry between the retail seller
  4 18 and a farm purchaser or from farm site to farm site or the
  4 19 movement of indivisible implements of husbandry between the
  4 20 place of manufacture and a retail seller or farm purchaser
  4 21 under section 321.453 on a roadway is subject to safety rules
  4 22 adopted by the department.  The safety rules shall prohibit
  4 23 the movement of any power unit towing more than one implement
  4 24 of husbandry from the manufacturer to the retail seller, from
  4 25 the retail seller to the farm purchaser, or from the
  4 26 manufacturer to the farm purchaser.
  4 27    Sec. 4.  Section 321.453, Code 1999, is amended to read as
  4 28 follows:
  4 29    321.453  EXCEPTIONS.
  4 30    The provisions of this chapter governing size, weight, and
  4 31 load, and the permit requirements of chapter 321E do not apply
  4 32 to fire apparatus,; road maintenance equipment owned by or
  4 33 under lease to any state or local authority,; or to implements
  4 34 of husbandry temporarily moved or moving upon a highway,
  4 35 implements of husbandry moved from farm site to farm site or
  5  1 between the retail seller and a farm purchaser, implements of
  5  2 husbandry moved between any site and the site of an
  5  3 agricultural exposition or a fair administered pursuant to
  5  4 chapter 173 or 174, indivisible implements of husbandry
  5  5 temporarily moved between the place of manufacture and a
  5  6 retail seller or a farm purchaser, implements of husbandry
  5  7 received and moved by a retail seller of implements of
  5  8 husbandry in exchange for a purchased implement, or implements
  5  9 of husbandry moved for repairs, except on any part of the
  5 10 interstate highway system except for those implements of
  5 11 husbandry moved or moving on any portion of the interstate and
  5 12 except as provided in sections 321.463, 321.471, and 321.474.
  5 13 A vehicle, carrying an implement of husbandry, which is
  5 14 exempted from the permit requirements under this section shall
  5 15 be equipped with an amber flashing light under section
  5 16 321.423, visible from the rear.  If the amber flashing light
  5 17 is obstructed by the loaded implement, the loaded implement
  5 18 shall also be equipped with and display an amber flashing
  5 19 light.  The vehicle shall also be equipped with warning flags
  5 20 on that portion of the vehicle which protrudes into oncoming
  5 21 traffic, and shall only operate from thirty minutes prior to
  5 22 sunrise to thirty minutes following sunset.  The one hundred-
  5 23 mile distance restriction contained in the definition of
  5 24 implement of husbandry in section 321.1 does not apply to this
  5 25 section.
  5 26    Sec. 5.  NEW SECTION.  321.453A  GRAIN CARTS AND TANK
  5 27 WAGONS – DISTRIBUTION OF AXLE INFORMATION.
  5 28    Literature distributed by a manufacturer or retail seller
  5 29 of a grain cart or tank wagon which pertains to the grain cart
  5 30 or tank wagon shall indicate the axle configuration and loaded
  5 31 axle weight capabilities of the cart or wagon.
  5 32    Sec. 6.  Section 321.463, subsection 4, Code 1999, is
  5 33 amended to read as follows:
  5 34    4.  Machinery defined in section 321.1, subsection 32,
  5 35 paragraph "f", "a".  Self-propelled implements of husbandry
  6  1 used exclusively for the mixing and dispensing of nutrients to
  6  2 bovine animals fed at a feedlot, or for the application of
  6  3 organic or inorganic plant food materials, agricultural
  6  4 limestone, or agricultural chemicals, shall be operated in
  6  5 compliance with this section.  However, machinery used
  6  6 exclusively for mixing and dispensing nutrients to bovine
  6  7 animals at feedlots is not required to comply with this
  6  8 section until July 1, 1999.
  6  9    b.  Effective January 1, 2000, grain carts and tank wagons
  6 10 shall also be operated in compliance with this section.
  6 11 However, the weight on any single or tandem axle of a grain
  6 12 cart or tank wagon may exceed the maximum weight otherwise
  6 13 allowed under this chapter by ten percent if the gross weight
  6 14 on any particular group of axles on the vehicle does not
  6 15 exceed the gross weight allowed under this chapter for that
  6 16 group of axles.  If the vehicle exceeds the ten percent
  6 17 tolerance allowed for any single or tandem axle under this
  6 18 paragraph, the fine to be assessed for the axle shall be
  6 19 computed on the difference between the actual weight and the
  6 20 ten percent tolerance weight allowed for the axle under this
  6 21 chapter.
  6 22    Sec. 7.  Section 321.471, Code 1999, is amended to read as
  6 23 follows:
  6 24    321.471  LOCAL AUTHORITIES MAY RESTRICT.
  6 25    1.  Local authorities with respect to a highway under their
  6 26 jurisdiction may by ordinance or resolution prohibit the
  6 27 operation of vehicles upon the highway or impose restrictions
  6 28 as to the weight of vehicles to be operated upon the highway,
  6 29 except implements of husbandry as defined in section 321.1,
  6 30 subsection 32 and implements of husbandry loaded on hauling
  6 31 units for transporting the implements to locations for
  6 32 purposes of repair, for a total period of not to exceed ninety
  6 33 days in any one calendar year, whenever the highway by reason
  6 34 of deterioration, rain, snow, or other climatic conditions
  6 35 will be seriously damaged or destroyed unless the use of
  7  1 vehicles on the highway is prohibited or the permissible
  7  2 weights reduced.  The ordinance or resolution shall not apply
  7  3 to implements of husbandry as defined in section 321.1,
  7  4 implements of husbandry loaded on hauling units for
  7  5 transporting the implements to locations for repair, or fire
  7  6 apparatus and road maintenance equipment owned by or under
  7  7 lease to a state or local authority.
  7  8    A person who violates the provisions of the ordinance or
  7  9 resolution shall, upon conviction or a plea of guilty, be
  7 10 subject to a fine determined by dividing the difference
  7 11 between the actual weight and the maximum weight established
  7 12 by the ordinance or resolution by one hundred, and multiplying
  7 13 the quotient by two dollars.  Local authorities may issue
  7 14 special permits, during periods the restrictions are in
  7 15 effect, to permit limited operation of vehicles upon specified
  7 16 routes with loads in excess of any restrictions imposed under
  7 17 this subsection, but not in excess of load restrictions
  7 18 imposed by any other provision of this chapter, and the
  7 19 authorities shall issue the permits upon a showing that there
  7 20 is a need to move to market farm produce of the type subject
  7 21 to rapid spoilage or loss of value or to move to any farm
  7 22 feeds or fuel for home heating purposes.
  7 23    2.  a.  Upon a finding that a bridge or culvert does not
  7 24 meet established standards set forth by state and federal
  7 25 authorities, local authorities may by ordinance or resolution
  7 26 impose limitations for an indefinite period of time on the
  7 27 weight of vehicles upon bridges or culverts located on
  7 28 highways under their sole jurisdiction.  The limitations shall
  7 29 be effective when signs giving notice of the limitations are
  7 30 erected.  The ordinance or resolution shall not apply to
  7 31 implements of husbandry as defined in section 321.1,
  7 32 subsection 32 or to implements of husbandry loaded on hauling
  7 33 units for transporting the implements to locations for
  7 34 purposes of repair or to fire apparatus or road maintenance
  7 35 equipment owned by or under lease to any state or local
  8  1 authority.
  8  2    b.  A person who violates the ordinance or resolution
  8  3 shall, upon conviction or a guilty plea, be subject to a fine
  8  4 determined by dividing the difference between the actual
  8  5 weight of the vehicle and the maximum weight allowed by the
  8  6 ordinance or resolution by one hundred and multiplying the
  8  7 quotient by two dollars.  Local authorities may issue or
  8  8 approve special permits allowing the operation over a bridge
  8  9 or culvert of vehicles with weights in excess of restrictions
  8 10 imposed under the ordinance or resolution, but not in excess
  8 11 of load restrictions imposed by any other provision of this
  8 12 chapter.  The local authority shall issue such a permit for
  8 13 not to exceed four weeks upon a showing of agricultural
  8 14 hardship.  The operator of a vehicle which is the subject of a
  8 15 permit issued under this paragraph shall carry the permit
  8 16 while operating the vehicle and shall show the permit to any
  8 17 peace officer upon request.
  8 18    Sec. 8.  Section 321.474, unnumbered paragraph 1, Code
  8 19 1999, is amended to read as follows:
  8 20    The department shall have authority, as granted to local
  8 21 authorities, to determine by resolution and to impose
  8 22 restrictions as to the weight of vehicles, except farm
  8 23 tractors as defined in section 321.1, subsection 24 and fire
  8 24 apparatus and road maintenance equipment owned by or under
  8 25 lease to any state or local authority, operated upon any
  8 26 highway under the jurisdiction of the department and the for a
  8 27 definite period of time not to exceed twelve months.  The
  8 28 restrictions shall be effective when signs giving notice of
  8 29 the restrictions and the expiration date of the restrictions
  8 30 are erected upon the affected highway or portion of any
  8 31 highway affected by the resolution.  Resolutions imposing
  8 32 restrictions under section 321.473 shall be for a definite
  8 33 period of time not to exceed twelve months.  The expiration
  8 34 date of the resolution shall appear on all signs posted as
  8 35 required by this section.
  9  1    Upon a finding that a bridge or culvert does not meet
  9  2 established standards set forth by state and federal
  9  3 authorities, the department may impose, by resolution,
  9  4 restrictions for an indefinite period of time on the weight of
  9  5 vehicles operated upon bridges or culverts located on highways
  9  6 under its jurisdiction.  The restrictions shall be effective
  9  7 when signs giving notice of the restrictions are erected.
  9  8    Sec. 9.  Section 321.474, unnumbered paragraph 3, Code
  9  9 1999, is amended to read as follows:
  9 10    Any person who violates a provision of the restriction
  9 11 imposed by resolution pursuant to this section, upon
  9 12 conviction or a plea of guilty, is subject to a fine
  9 13 determined by dividing the difference between the actual
  9 14 weight of the vehicle and the maximum weight established by
  9 15 the resolution allowed by the restriction by one hundred, and
  9 16 multiplying the quotient by two dollars.  The department may
  9 17 issue special permits, during periods the restrictions are in
  9 18 effect, to permit limited operation of vehicles upon specified
  9 19 routes with loads in excess of any restrictions imposed under
  9 20 this section, but not in excess of load restrictions imposed
  9 21 by this chapter.  The department shall issue special permits
  9 22 in accordance with the foregoing to trucks moving farm
  9 23 produce, which decays or loses its value if not speedily put
  9 24 to its intended use, to market upon a showing to the
  9 25 department that there is a requirement for trucking the
  9 26 produce, or to trucks moving any farm feeds or fuel necessary
  9 27 for home heating purposes.  The department shall issue such a
  9 28 permit for not to exceed four weeks upon a showing of
  9 29 agricultural hardship.  The operator of a vehicle which is the
  9 30 subject of a permit issued under this paragraph shall carry
  9 31 the permit while operating the vehicle and shall show the
  9 32 permit to any peace officer upon request.  
  9 33                           EXPLANATION
  9 34    This bill amends Code section 321.1 to redefine an
  9 35 implement of husbandry as a vehicle or special mobile
 10  1 equipment manufactured, designed, or reconstructed for
 10  2 agricultural purposes and, except for incidental uses,
 10  3 exclusively used in the conduct of agricultural operations.  A
 10  4 self-propelled implement of husbandry is to be operated at
 10  5 speeds of 30 miles per hour or less.  Currently, the
 10  6 definition is limited to a vehicle used by the owner of the
 10  7 vehicle in the owner's agricultural operations and includes
 10  8 certain other agricultural vehicles.  The bill also makes
 10  9 several Code changes corresponding to the revised definition.
 10 10 Code section 321.1 is also amended to define the term "grain
 10 11 cart".
 10 12    Code section 321.453, providing exceptions to the size,
 10 13 weight, and load restrictions for vehicles on highways and to
 10 14 the permit requirements for vehicles of excessive size and
 10 15 weight, is amended to require implements of husbandry moved or
 10 16 moving on the interstate to comply with the restrictions and
 10 17 permit requirements.  Implements of husbandry are also
 10 18 required to comply with legal axle weight restrictions when
 10 19 operated on public roadways and weight embargoes imposed by
 10 20 local authorities on a bridge or culvert within their
 10 21 jurisdiction or by the state department of transportation on a
 10 22 bridge or culvert within its jurisdiction.  The provision
 10 23 requiring certain vehicles carrying implements of husbandry to
 10 24 be equipped with an amber flashing light is revised to specify
 10 25 that the light must be visible from the rear and to require
 10 26 that, if the light is obstructed by the loaded implement, the
 10 27 loaded implement shall also display an amber flashing light.
 10 28    The bill creates new Code section 321.453A requiring
 10 29 manufacturers and retail sellers of grain carts and tank
 10 30 wagons to include information about the axle configuration and
 10 31 loaded axle weight capabilities of a grain cart or tank wagon
 10 32 in any literature distributed by the manufacturer or seller
 10 33 pertaining to the grain cart or tank wagon.
 10 34    The bill also amends Code section 321.463, relating to
 10 35 legal vehicle axle weights, by requiring grain carts, as
 11  1 defined by the bill, and tank wagons to comply with the axle
 11  2 weight requirements on or after January 1, 2000.  The bill
 11  3 allows the weight on any one axle of a grain cart or tank
 11  4 wagon to exceed the maximum weight restrictions by 10 percent
 11  5 if the gross weight on any particular group of axles on the
 11  6 vehicle does not exceed the gross weight requirements for that
 11  7 group of axles.  If the vehicle exceeds the 10 percent
 11  8 tolerance, the fine assessed for the axle shall be computed on
 11  9 the difference between the actual weight and the 10 percent
 11 10 tolerance weight allowed for the axle.
 11 11    Code section 321.471, allowing local authorities to
 11 12 prohibit, or impose weight restrictions on, the operation of
 11 13 vehicles upon highways, bridges, and culverts within their
 11 14 jurisdictions, is amended to provide that implements of
 11 15 husbandry, except implements of husbandry loaded on hauling
 11 16 units to transport the implements for repair, must comply with
 11 17 the restrictions on bridges and culverts.  The bill adds
 11 18 language providing that the limitations imposed by local
 11 19 authorities are effective when signs giving notice of the
 11 20 limitations are erected.  The bill also adds language
 11 21 providing that the limitations on highways and bridges and
 11 22 culverts do not apply to fire apparatus and road maintenance
 11 23 equipment owned by, or under lease to, any state or local
 11 24 authority.  Similarly, Code section 321.474, allowing the
 11 25 state department of transportation to impose weight
 11 26 restrictions for a definite period of 12 months or less on the
 11 27 operation of vehicles upon highways within its jurisdiction,
 11 28 is amended to allow such restrictions to be placed on bridges
 11 29 and culverts within the department's jurisdiction for an
 11 30 indefinite period of time.  The restrictions imposed are
 11 31 effective when signs giving notice of the restrictions are
 11 32 erected.  The bill adds provisions to both Code sections
 11 33 321.471 and 321.474 which direct the local authority or the
 11 34 state department of transportation imposing the restriction to
 11 35 issue a special permit for passage over the restricted bridge
 12  1 or culvert upon a showing of agricultural hardship.  The
 12  2 operator of a vehicle which is the subject of a permit must
 12  3 carry the permit while operating the vehicle and show the
 12  4 permit to a peace officer upon request.  
 12  5 LSB 1241DP 78
 12  6 nh/jw/5

Text: HSB00145                          Text: HSB00147
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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