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PAG LIN 1 1 SENATE FILE 203 1 2 1 3 AN ACT 1 4 RELATING TO TRANSPORTATION, INCLUDING REGULATION OF SCHOOL 1 5 BUSES AND SPECIAL TRUCKS, VEHICLE TITLING AND REGISTRATION, 1 6 COMMERCIAL DRIVER'S LICENSES, REGULATIONS ON MOTOR CARRIERS, 1 7 REGULATIONS ON MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, 1 8 AND DEALERS, SIZE, WEIGHT, AND LOAD RESTRICTIONS ON VEHICLES, 1 9 DRIVER EDUCATION, TRANSPORTATION OF STUDENTS, EQUIPMENT ON 1 10 VEHICLES, RECISION OF A DRIVER'S LICENSE REVOCATION, AND 1 11 ADMINISTRATIVE PROCEDURES OF THE STATE DEPARTMENT OF 1 12 TRANSPORTATION, AND PROVIDING FOR FEES AND PENALTIES AND AN 1 13 EFFECTIVE DATE. 1 14 1 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 16 1 17 Section 1. Section 321.1, subsection 32, unnumbered 1 18 paragraph 3, Code 1999, is amended to read as follows: 1 19 Notwithstanding the other provisions of this subsection any 1 20 vehicle coveredtherebyby this subsection, if it otherwise 1 21 qualifies, may beregistered as special mobile equipment, or1 22 operatedor moved under the provisions of sections 321.57 to1 23321.63, if the person in whose name such vehicle is to be1 24registered or to whom a special plate or plates are to be1 25issued elects to do soas special mobile equipment and under 1 26 such circumstances the provisions of this subsection shall not 1 27 be applicable to such vehicle, nor shall such vehicle be 1 28 required to comply with the provisions of sections 321.384to1 29321.429through 321.423, when such vehicle is moved during 1 30 daylight hours, provided however, the provisions of section 1 31 321.383 shall remain applicable to such vehicle. 1 32 Sec. 2. Section 321.1, subsection 69, paragraph c, Code 1 33 1999, is amended to read as follows: 1 34 c. Operated by a municipally or privately owned urban 1 35 transit company or a regional transit system as defined in 2 1 section 324A.1 for the transportation of children as part of 2 2 or in addition to their regularly scheduled service; or 2 3 Sec. 3. Section 321.1, subsection 76, Code 1999, is 2 4 amended to read as follows: 2 5 76. "Special truck" means a motor truck or truck tractor 2 6 not used for hire with a gross weight registration of six 2 7 through thirty-two tons used by a person engaged in farming to 2 8 transport commodities produced only by the owner, or to 2 9 transport commodities purchased by the owner for use in the 2 10 owner's own farming operation or occasional use for charitable 2 11 purposes. "Special truck" also means a motor truck or truck 2 12 tractor not used for hire with a gross weight registration of 2 13 six through thirty-two tons used by a person engaged in 2 14 farming who assists another person engaged in farming through 2 15 an exchange of services. A "special truck" does not include a 2 16 truck tractor operated more thanseventy-five hundredfifteen 2 17 thousand miles annually. 2 18 Sec. 4. Section 321.23, subsection 3, Code 1999, is 2 19 amended to read as follows: 2 20 3. In the event an applicant for registration of a foreign 2 21 vehicle for which a certificate of title has been issued is 2 22 able to furnish evidence of being the registered owner of the 2 23 vehicle to the county treasurer of the owner's residence, 2 24 although unable to surrender such certificate of title, the 2 25 county treasurer may issue a registration receipt and plates 2 26 upon receipt of the required registration fee but shall not 2 27 issue a certificate of title thereto. Upon surrender of the 2 28 certificate of title from the foreign state, the county 2 29 treasurer shall issue a certificate of title to the owner, or 2 30 person entitled thereto, of such vehicle as provided in this 2 31 chapter. The owner of a vehicle registered under this 2 32 subsection shall not be required to obtain a certificate of 2 33 title in this state and may transfer ownership of the vehicle 2 34 to a motor vehicle dealer licensed under chapter 322 if, at 2 35 the time of the transfer, the certificate of title is held by 3 1 a secured party and the dealer has forwarded to the secured 3 2 party the sum necessary to discharge the security interest 3 3 pursuant to section 321.48, subsection 1. 3 4 Sec. 5. Section 321.25, unnumbered paragraph 1, Code 1999, 3 5 is amended to read as follows: 3 6 A vehicle may be operated upon the highways of this state 3 7 without registration plates for a period ofthirtyforty-five 3 8 days after the date of delivery of the vehicle to the 3 9 purchaser from a dealer if a card bearing the words 3 10 "registration applied for" is attached on the rear of the 3 11 vehicle. The card shall have plainly stamped or stenciled the 3 12 registration number of the dealer from whom the vehicle was 3 13 purchased and the date of delivery of the vehicle. In 3 14 addition, a dealer licensed to sell new motor vehicles may 3 15 attach the card to a new motor vehicle delivered by the dealer 3 16 to the purchaser even if the vehicle was purchased from an 3 17 out-of-state dealer and the card shall bear the registration 3 18 number of the dealer that delivered the vehicle. A dealer 3 19 shall not issue a card to a person known to the dealer to be 3 20 in possession of registration plates which may be attached to 3 21 the vehicle. A dealer shall not issue a card unless an 3 22 application for registration and certificate of title has been 3 23 made by the purchaser and a receipt issued to the purchaser of 3 24 the vehicle showing the fee paid by the person making the 3 25 application. Dealers' records shall indicate the agency to 3 26 which the fee is sent and the date the fee is sent. The 3 27 dealer shall forward the application by the purchaser to the 3 28 county treasurer or state office within fifteen calendar days 3 29 from the date of delivery of the vehicle. However, if the 3 30 vehicle is subject to a security interest and has been offered 3 31 for sale pursuant to section 321.48, subsection 1, the dealer 3 32 shall forward the application by the purchaser to the county 3 33 treasurer or state office withintwenty-twothirty calendar 3 34 days from the date of the delivery of the vehicle to the 3 35 purchaser. 4 1 Sec. 6. Section 321.42, Code 1999, is amended to read as 4 2 follows: 4 3 321.42 LOST OR DAMAGED CERTIFICATES, CARDS, AND PLATES. 4 4 1. If a registration card, plate, or pair of plates is 4 5 lost or becomes illegible, the owner shall immediately apply 4 6 for replacement. The fee for a replacement registration card 4 7 shall be three dollars. The fee for a replacement plate or 4 8 pair of plates shall be five dollars. When the owner has 4 9 furnished information required by the department and paid the 4 10 proper fee, a duplicate, substitute, or new registration card, 4 11 plate, or pair of plates may be issued. 4 12 2. a. If a certificate of title is lost or destroyed, the 4 13 owner or lienholder shall apply for a certified copy of the 4 14 original certificate of title. The owner or lienholder of a 4 15 motor vehicle may also apply for a certified copy of the 4 16 original certificate of title as a replacement for the 4 17 original certificate of title upon surrender of the original 4 18 certificate of title with the application. The application 4 19 shall be made to the department or county treasurer who issued 4 20 the original certificate of title. The application shall be 4 21 signed by the owner or lienholder and accompanied by a fee of 4 22 ten dollars. 4 23 b. After five days, the department or county treasurer 4 24 shall issue a certified copy to the applicant at the 4 25 applicant's most recent address, however, the five-day waiting 4 26 period does not apply to an applicant who has surrendered the 4 27 original certificate of title to the department or county 4 28 treasurer. The certified copy shall be clearly marked 4 29 "duplicate" and shall be identical to the original, including 4 30 notation of liens or encumbrances. When a certified copy has 4 31 been issued, the previous certificate is void. 4 32 c. If a security interest noted on the face of an original 4 33 certificate of title was released by the lienholder on a 4 34 separate form pursuant to section 321.50, subsection 4, and 4 35 the signature of the lienholder, or the person executing the 5 1 release on behalf of the lienholder, is notarized, but the 5 2 lienholder has not delivered the original certificate to the 5 3 appropriate party as provided in section 321.50, subsection 4, 5 4 the owner may apply for and receive a replacement certificate 5 5 of title without the released security interest noted thereon. 5 6 The lienholder shall return the original certificate of title 5 7 to the department or to the treasurer of the county where the 5 8 title was issued. 5 9 d. A new purchaser or transferee is entitled to receive an 5 10 original title upon presenting the assigned duplicate copy to 5 11 the treasurer of the county where the new purchaser or 5 12 transferee resides. At the time of purchase, a purchaser may 5 13 require the seller to indemnify the purchaser and all future 5 14 purchasers of the vehicle against any loss which may be 5 15 suffered due to claims on the original certificate. A person 5 16 recovering an original certificate of title for which a 5 17 duplicate has been issued shall surrender the original 5 18 certificate to the county treasurer or the department. 5 19 3. If a county treasurer mails vehicle registration 5 20 documents which become lost or are damaged in transit through 5 21 the United States postal service, the person to whom the 5 22 documents were being sent may apply for reissuance without 5 23 cost. The application shall be made with the county treasurer 5 24 who originally issued the documents not less than twenty days 5 25 from the date the documents were placed with the United States 5 26 postal service. If the original documents are received after 5 27 reissuance of duplicates, the original documents shall be 5 28 surrendered to the county treasurer within five days of the 5 29 time they are received. 5 30 Sec. 7. Section 321.48, subsection 1, unnumbered paragraph 5 31 2, Code 1999, is amended to read as follows: 5 32 A dealer licensed pursuant to chapter 322 or chapter 322C 5 33 who has acquired a vehicle for resale which is subject to a 5 34 security interest as provided in section 321.50 and who has 5 35 forwarded to the secured party the sum necessary to discharge 6 1 the security interest may offer the vehicle for sale prior to 6 2 the receipt from the county treasurer of the certificate of 6 3 title for the vehicle with the lien discharged for a period of 6 4 not more thantwentythirty days from the date the vehicle was 6 5 acquired and the provisions of section 321.104, subsection 2 6 6 shall not apply. 6 7 Sec. 8. Section 321.49, subsection 1, Code 1999, is 6 8 amended to read as follows: 6 9 1. Except as provided in section 321.52, if an application 6 10 for transfer of registration and certificate of title is not 6 11 submitted to the county treasurer of the residence of the 6 12 transferee withinfifteenthirty days of the date of 6 13 assignment or transfer of title, or withintwenty-twothirty 6 14 days of the date of delivery to the purchaser if the vehicle 6 15 is subject to a security interest and was offered for sale 6 16 pursuant to section 321.48, subsection 1, a penalty of ten 6 17 dollars shall accrue against the applicant, and no 6 18 registration card or certificate of title shall be issued to 6 19 the applicant for the vehicle until the penalty is paid. 6 20 Sec. 9. Section 321.50, subsection 4, unnumbered paragraph 6 21 3, Code 1999, is amended to read as follows: 6 22However, whenWhen a security interest is dischargedfor a6 23vehicle with a gross vehicle weight rating of sixteen thousand6 24pounds or more, the lienholder shall note the cancellation of 6 25athe security interest on the face of the title and may note 6 26 the cancellation of the security interest on a form prescribed 6 27 by the department and deliver a copy of the form in lieu of 6 28 the title to the department or to the treasurer of the county 6 29 in which the title was issued. The department or county 6 30 treasurer shall note the release of the security interest upon 6 31 the statewide computer system and the county's records. A 6 32 copy of the form, if used, shall be attached to the title by 6 33 the lienholder and shall be evidence of the release of the 6 34 security interest. The lienholder shall deliver the title to 6 35 the first lienholder, or if there is no such person, to the 7 1 person as designated by the owner, or if there is no such 7 2 person designated, to the owner. 7 3 Sec. 10. Section 321.166, subsections 1 and 4, Code 1999, 7 4 are amended to read as follows: 7 5 1. Registration plates shall be of metal and of a size not 7 6 to exceed six inches by twelve inches, except that the size of 7 7 plates issued for use on motorized bicycles, motorcycles, 7 8 motorcycle trailers, and trailers with an empty weight of two 7 9 thousand pounds or less, and special mobile equipmentshall be 7 10 established by the department. 7 11 Trailers with empty weights of two thousand pounds or less 7 12 may, upon request, be licensed with regular-sized license 7 13 plates. 7 14 4. The registration plate number, except on motorized 7 15 bicycle, motorcycle, motorcycle trailer, and trailers with an 7 16 empty weight of two thousand pounds or less, and special7 17mobile equipment registration plates,shall be of sufficient 7 18 size to be readable from a distance of one hundred feet during 7 19 daylight. 7 20 Sec. 11. Section 321.178, subsection 1, unnumbered 7 21 paragraphs 2 and 3, Code 1999, are amended to read as follows: 7 22 To be qualified as a classroomor laboratorydriver 7 23 education instructor, a person shall have satisfied the 7 24 educational requirements for a teaching license at the 7 25 elementary or secondary level and hold a valid license to 7 26 teach driver education in the public schools of this state. 7 27 Every public school district in Iowa shall offer or make 7 28 available to all students residing in the school district or 7 29 Iowa students attending a nonpublic school in the district an 7 30 approved course in driver education. The courses may be 7 31 offered at sites other than at the public school, including 7 32 nonpublic school facilities within the public school 7 33 districts. An approved course offered during the summer 7 34 months, on Saturdays, after regular school hours during the 7 35 regular terms or partly in one term or summer vacation period 8 1 and partly in the succeeding term or summer vacation period, 8 2 as the case may be, shall satisfy the requirements of this 8 3 section to the same extent as an approved course offered 8 4 during the regular school hours of the school term. A 8 5 student who successfully completes and obtains certification 8 6 in an approved course in driver education or an approved 8 7 course in motorcycle education may, upon proof of such fact, 8 8 be excused from any field test which the student would 8 9 otherwise be required to take in demonstrating the student's 8 10 ability to operate a motor vehicle. A student shall not be 8 11 excused from any field test if a parent, guardian, or 8 12 instructor requests that a test be administered. Street or 8 13 highway driving instruction may be provided by a person 8 14 qualified as a classroom driver education instructor or a 8 15 person certified by the department of transportation and 8 16 authorized by the board of educational examiners. A final 8 17 field test prior to a student's completion of an approved 8 18 course shall be administered by a person qualified as a 8 19 classroom driver education instructor. The department of 8 20 transportation shall adopt rules pursuant to chapter 17A to 8 21 provide for certification of persons qualified to provide 8 22 street or highway driving instructionand for administering8 23requested field tests. The board of educational examiners 8 24 shall adopt rules pursuant to chapter 17A to provide for 8 25 authorization of persons certified by the department of 8 26 transportation to provide street or highway driving 8 27 instruction. 8 28 Sec. 12. Section 321.180B, subsection 2, unnumbered 8 29 paragraph 1, Code 1999, is amended to read as follows: 8 30 The department may issue an intermediate driver's license 8 31 to a person sixteen or seventeen years of age who possesses an 8 32 instruction permit issued under subsection 1 or a comparable 8 33 instruction permit issued by another state for a minimum of 8 34 six months, and who presents an affidavit signed by a parent 8 35 or guardian on a form to be provided by the department that 9 1 the permittee has accumulated a total of twenty hours of 9 2 street or highway driving of which two hours were conducted 9 3 after sunset and before sunrise and the street or highway 9 4 driving was with the permittee's parent, guardian, instructor, 9 5 a person certified by the department, or a person at least 9 6 twenty-five years of age who had written permission from a 9 7 parent or guardian to accompany the permittee, and whose 9 8 driving privileges have not been suspended, revoked, or barred 9 9 under this chapter or chapter 321J during, and who has been 9 10 accident and conviction free continuously for, the six-month 9 11 period immediately preceding the application for an 9 12 intermediate license. An applicant for an intermediate 9 13 license must meet the requirements of section 321.186, 9 14 including satisfactory completion of driver education as 9 15 required in section 321.178, and payment of the required 9 16 license fee before an intermediate license will be issued. A 9 17 person issued an intermediate license must limit the number of 9 18 passengers in the motor vehicle when the intermediate licensee 9 19 is operating the motor vehicle to the number of passenger 9 20 safety belts. 9 21 Sec. 13. Section 321.180B, subsection 4, Code 1999, is 9 22 amended to read as follows: 9 23 4. FULL DRIVER'S LICENSE. A full driver's license may be 9 24 issued to a person seventeen years of age who possesses an 9 25 intermediate license issued under subsection 2 or a comparable 9 26 intermediate license issued by another state for a minimum of 9 27 twelve months, and who presents an affidavit signed by a 9 28 parent or guardian on a form to be provided by the department 9 29 that the intermediate licensee has accumulated a total of ten 9 30 hours of street or highway driving of which two hours were 9 31 conducted after sunset and before sunrise and the street or 9 32 highway driving was with the licensee's parent, guardian, 9 33 instructor, a person certified by the department, or a person 9 34 at least twenty-five years of age who had written permission 9 35 from a parent or guardian to accompany the licensee, whose 10 1 driving privileges have not been suspended, revoked, or barred 10 2 under this chapter or chapter 321J during, and who has been 10 3 accident and conviction free continuously for, the twelve- 10 4 month period immediately preceding the application for a full 10 5 driver's license, and who has paid the required fee. 10 6 Sec. 14. Section 321.189, subsection 2, paragraphs b and 10 7 c, Code 1999, are amended to read as follows: 10 8 b. A commercial driver's license shall include the 10 9 licensee's address as required under federal regulationsand10 10the licensee's social security number, and the words 10 11 "commercial driver's license" or "CDL" shall appear 10 12 prominently on the face of the license. If the applicant is a 10 13 nonresident, the license must conspicuously display the word 10 14 "nonresident". 10 15 c. The department shall advise an applicant that the 10 16 applicant for a driver's licenseother than a commercial10 17driver's licensemay request a number other than a social 10 18 security number as the driver's license number. 10 19 Sec. 15. NEW SECTION. 321.377 REGIONAL TRANSIT SYSTEM 10 20 TRANSPORTATION. 10 21 A vehicle operated by a regional transit system as defined 10 22 in section 324A.1 may only provide school transportation 10 23 services pursuant to rules adopted by the state department of 10 24 transportation in consultation with the department of 10 25 education. 10 26 Sec. 16. NEW SECTION. 321.404A LIGHT-RESTRICTING DEVICES 10 27 PROHIBITED. 10 28 1. A person shall not operate a motor vehicle, motorcycle, 10 29 or motorized bicycle on the highways of this state if it is 10 30 equipped with a device that restricts the light output of a 10 31 head lamp required under section 321.385 or 321.386, a rear 10 32 lamp required under section 321.387, a signal lamp or signal 10 33 device required under section 321.404, or a directional signal 10 34 device as described in section 321.317. 10 35 2. A person who violates this section shall be subject to 11 1 a scheduled fine under section 805.8, subsection 2, paragraph 11 2 "d". 11 3 Sec. 17. Section 321.449, unnumbered paragraphs 2 and 4, 11 4 Code 1999, are amended to read as follows: 11 5 Rules adopted under this section concerning driver 11 6 qualifications, hours of service, and recordkeeping 11 7 requirements do not apply to the operators of public utility 11 8 trucks, trucks hauling gravel, construction trucks and 11 9 equipment, trucks moving implements of husbandry, and special 11 10 trucks, other than a truck tractor, operating intrastate. 11 11TrucksExcept as otherwise provided in this section, trucks 11 12 for hire on construction projects are not exempt from this 11 13 section. 11 14 Notwithstanding other provisions of this section, rules 11 15 adopted under this section for drivers of commercial vehicles 11 16 shall not apply to a driver of a commercial vehicle who is 11 17 engaged exclusively in intrastate commerce, when the 11 18 commercial vehicle's gross vehicle weight rating is 26,000 11 19 pounds or less, unless the vehicle is used to transport 11 20 hazardous materials requiring a placard or if the vehicle is 11 21 designed to transport more than fifteen passengers, including 11 22 the driver. For the purpose of complying with the hours of 11 23 service recordkeeping requirements under 49 C.F.R. } 11 24 395.1(e)(5), a driver's report of daily beginning and ending 11 25 on-duty time submitted to the motor carrier at the end of each 11 26 work week shall be considered acceptable motor carrier time 11 27 records. In addition, rules adopted under this section shall 11 28 not apply to a driver for a farm operation as defined in 11 29 section 352.2, or for an agricultural interest when the 11 30 commercial vehicle is operated between the farm as defined in 11 31 section 352.2 and another farm, between the farm and a market 11 32 for farm products, or between the farm and an agribusiness 11 33 location. A driver or a driver-salesperson for a private 11 34 carrier, who is not for hire and who is engaged exclusively in 11 35 intrastate commerce, may drive twelve hours, be on duty 12 1 sixteen hours in a twenty-four hour period and be on duty 12 2 seventy hours in seven consecutive days or eighty hours in 12 3 eight consecutive days. For-hire drivers who are engaged 12 4 exclusively in intrastate commerce and who operate trucks and 12 5 truck-tractors exclusively for the movement of construction 12 6 materials and equipment to and from construction projects may 12 7 also drive twelve hours, be on duty sixteen hours in a twenty- 12 8 four-hour period, and be on duty seventy hours in seven 12 9 consecutive days or eighty hours in eight consecutive days. A 12 10 driver-salesperson means as defined in 49 C.F.R. } 395.2, 12 11 adopted as of a specific date by the department by rule. 12 12 Sec. 18. Section 321.453, Code 1999, is amended to read as 12 13 follows: 12 14 321.453 EXCEPTIONS. 12 15 The provisions of this chapter governing size, weight, and 12 16 load, and the permit requirements of chapter 321E do not apply 12 17 to fire apparatus,; road maintenance equipment owned byor, 12 18 under lease to, or used in the performance of a contract with 12 19 any state or local authority,; implements of husbandry 12 20 temporarily moved upon a highway,; implements of husbandry 12 21 moved from farm site to farm site or between the retail seller 12 22 and a farm purchaser,; implements of husbandry moved between 12 23 any site and the site of an agricultural exposition or a fair 12 24 administered pursuant to chapter 173 or 174,; indivisible 12 25 implements of husbandry temporarily moved between the place of 12 26 manufacture and a retail seller or a farm purchaser,; 12 27 implements of husbandry received and moved by a retail seller 12 28 of implements of husbandry in exchange for a purchased 12 29 implement,; or implements of husbandry moved for repairs, 12 30 except on any part of the interstate highway system. A 12 31 vehicle, carrying an implement of husbandry, which is exempted 12 32 from the permit requirements under this section shall be 12 33 equipped with an amber flashing light under section 321.423, 12 34 shall be equipped with warning flags on that portion of the 12 35 vehicle which protrudes into oncoming traffic, and shall only 13 1 operate from thirty minutes prior to sunrise to thirty minutes 13 2 following sunset. The one hundred-mile distance restriction 13 3 contained in the definition of implement of husbandry in 13 4 section 321.1 does not apply to this section. 13 5 Sec. 19. Section 321A.17, Code 1999, is amended by adding 13 6 the following new subsection: 13 7 NEW SUBSECTION. 8. This section does not apply to an 13 8 individual whose administrative license revocation has been 13 9 rescinded under section 321J.13, and who is otherwise under no 13 10 obligation to furnish proof of financial responsibility. 13 11 Sec. 20. Section 321E.8, subsections 2 and 3, Code 1999, 13 12 are amended to read as follows: 13 13 2. Vehicles with indivisible loads having an overall width 13 14 not to exceed twelve feet five inches or mobile homes, 13 15 including appurtenances, having an overall width not to exceed 13 16 twelve feet five inches and an overall length not to exceed 13 17 one hundred twenty feet zero inches may be moved on highways 13 18 specified by the permitting authority for unlimited distances 13 19 if the height of the vehicle and load does not exceedfourteen13 20 fifteen feetzerofive inches and the total gross weight of 13 21 the vehicle does not exceed one hundred thirty-six thousand 13 22 pounds. The vehicle owner or operator shall verify with the 13 23 permitting authority prior to movement of the load that 13 24 highway conditions have not changed so as to prohibit movement 13 25 of the vehicle. Any cost to repair damage to highways or 13 26 highway structures shall be borne by the owner or operator of 13 27 the vehicle causing the damage. Permitted vehicles under this 13 28 subsection shall not be allowed to travel on any portion of 13 29 the interstate highway system. 13 30 3. Vehicles with indivisible loads, including mobile homes 13 31 and factory-built structures, having an overall width not to 13 32 exceed sixteen feet zero inches and an overall length not to 13 33 exceed one hundred twenty feet zero inches may be moved under 13 34 an annual or all-systems permit and must have a route 13 35 specified by the issuing authority prior to the movement. 14 1 However, vehicles with indivisible loads, including mobile 14 2 homes and factory-built structures, with an overall width not 14 3 exceeding fourteen feet six inches may exceed fifty miles 14 4 under an annual and all-systems permit when prior approval for 14 5 trip routing is obtained from the issuing authority.TheA 14 6 vehicle and load being moved according to this paragraph shall 14 7 not exceedthefifteen feet five inches in heightas14 8prescribed in section 321.456and shall not exceed the total 14 9 gross weight as prescribed in section 321.463. 14 10 Sec. 21. Section 321E.12, Code 1999, is amended to read as 14 11 follows: 14 12 321E.12 REGISTRATION MUST BE CONSISTENT. 14 13AnyA vehicle traveling under permit shall be properly 14 14 registered for the gross weight of the vehicle and load.Any14 15 A person owning special mobile equipmentregistered and in14 16compliance with section 321.21,may use a transport vehicle 14 17 registered for the gross weight of the transport without a 14 18 load. Vehicles, while being used for the transportation of 14 19 buildings, except mobile homes and factory-built structures, 14 20 may be registered for the combined gross weight of the vehicle 14 21 and load on a single-trip basis. The fee is five cents per 14 22 ton exceeding the weight registered under section 321.122 per 14 23 mile of travel. Fees shall not be prorated for fractions of 14 24 miles. This provision does not exempt these vehicles from any 14 25 other provision of this chapter. 14 26 Sec. 22. Section 321J.13, Code 1999, is amended by adding 14 27 the following new subsection: 14 28 NEW SUBSECTION. 6. a. The department shall grant a 14 29 request for a hearing to rescind the revocation if the person 14 30 whose motor vehicle license or operating privilege has been or 14 31 is being revoked under section 321J.9 or 321J.12 submits a 14 32 petition containing information relating to the discovery of 14 33 new evidence that provides grounds for recision of the 14 34 revocation. 14 35 b. The person shall prevail at the hearing if, in the 15 1 criminal action on the charge of violation of section 321J.2 15 2 or 321J.2A resulting from the same circumstances that resulted 15 3 in the administrative revocation being challenged, the court 15 4 held one of the following: 15 5 (1) That the peace officer did not have reasonable grounds 15 6 to believe that a violation of section 321J.2 or 321J.2A had 15 7 occurred to support a request for or to administer a chemical 15 8 test. 15 9 (2) That the chemical test was otherwise inadmissible or 15 10 invalid. 15 11 c. Such a holding by the court in the criminal action is 15 12 binding on the department, and the department shall rescind 15 13 the revocation. 15 14 Sec. 23. Section 322.5, Code 1999, is amended by adding 15 15 the following new subsection: 15 16 NEW SUBSECTION. 5. A manufacturer, distributor, or dealer 15 17 may, upon receipt of a temporary permit approved by the 15 18 department, display new ambulances, new fire vehicles, and new 15 19 rescue vehicles for educational purposes only at vehicle shows 15 20 and vehicle exhibitions conducted for the express purpose of 15 21 educating fire and rescue personnel in new technology and 15 22 techniques for fire fighting and rescue efforts. Application 15 23 for temporary permits shall be made upon forms provided by the 15 24 department and shall be accompanied by a ten-dollar permit 15 25 fee. Permits shall be issued for a single show or exhibition, 15 26 not to exceed five consecutive days. 15 27 Sec. 24. Section 322.14, Code 1999, is amended by striking 15 28 the section and inserting in lieu thereof the following: 15 29 322.14 PENALTIES. 15 30 1. A person who violates any of the provisions of this 15 31 chapter for which a penalty is not specifically provided is 15 32 guilty of a simple misdemeanor punishable by a fine of not 15 33 less than two hundred fifty dollars nor more than one thousand 15 34 five hundred dollars or by imprisonment not to exceed thirty 15 35 days. 16 1 2. Notwithstanding subsection 1, if a provision of chapter 16 2 537 is applicable to a retail installment contract and a 16 3 violation of that provision is subject to a penalty under 16 4 chapter 537, that penalty shall apply in lieu of a penalty 16 5 provided in this chapter. 16 6 Sec. 25. NEW SECTION. 322.21 REMAINING BALANCE ON TRADE 16 7 VEHICLE. 16 8 The extension of credit by a retail seller to a retail 16 9 buyer, pursuant to a retail installment contract, of the 16 10 amount actually paid or to be paid by the retail seller to 16 11 discharge a purchase money security interest, as defined in 16 12 section 554.9107, on a motor vehicle traded in by the retail 16 13 buyer shall not subject the retail seller to the provisions of 16 14 chapter 536 or 536A. 16 15 Sec. 26. Section 805.8, subsection 2, paragraph d, Code 16 16 1999, is amended to read as follows: 16 17 d. For improper equipment under section 321.404A or 16 18 section 321.438, subsection 2, the scheduled fine is fifteen 16 19 dollars. 16 20 Sec. 27. DRIVER'S EDUCATION CURRICULUM – STUDY. The 16 21 legislative council is requested to establish an interim study 16 22 committee consisting of members of both political parties from 16 23 throughout the state. The study may include but is not 16 24 limited to driver's education curriculum, certification of 16 25 persons by the department of transportation to provide street 16 26 and highway driving instruction, costs to students and to 16 27 schools, privatizing driver's education, expansion of behind- 16 28 the-wheel training, and effects on insurance rates. The 16 29 committee may consult with the department of transportation, 16 30 department of education, board of educational examiners, 16 31 parents, educators, insurance executives, and other persons 16 32 with expertise or information relevant to the study of 16 33 driver's education. The committee is directed to submit its 16 34 findings, together with any recommendations, in a report to 16 35 the general assembly which convenes in January 2000. 17 1 Sec. 28. Sections 309.42, 309.56, and 321.21, Code 1999, 17 2 are repealed. 17 3 Sec. 29. EFFECTIVE DATE. The following sections of this 17 4 Act, being deemed of immediate importance, take effect upon 17 5 enactment: 17 6 1. Section 1, amending section 321.1, subsection 32. 17 7 2. Section 10, amending section 321.166. 17 8 3. Section 17, amending section 321.449. 17 9 4. Section 19, amending section 321A.17. 17 10 5. Section 20, amending section 321E.8. 17 11 6. Section 21, amending section 321E.12. 17 12 7. Section 22, amending section 321J.13. 17 13 8. Section 28, repealing sections 309.42, 309.56, and 17 14 321.1. 17 15 17 16 17 17 17 18 MARY E. KRAMER 17 19 President of the Senate 17 20 17 21 17 22 17 23 RON J. CORBETT 17 24 Speaker of the House 17 25 17 26 I hereby certify that this bill originated in the Senate and 17 27 is known as Senate File 203, Seventy-eighth General Assembly. 17 28 17 29 17 30 17 31 MICHAEL E. MARSHALL 17 32 Secretary of the Senate 17 33 Approved , 1999 17 34 17 35 18 1 18 2 THOMAS J. VILSACK 18 3 Governor
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