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Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 1143

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.1, subsection 32, unnumbered
  1  2 paragraph 3, Code 1999, is amended to read as follows:
  1  3    Notwithstanding the other provisions of this subsection any
  1  4 vehicle covered thereby by this subsection, if it otherwise
  1  5 qualifies, may be registered as special mobile equipment, or
  1  6 operated or moved under the provisions of sections 321.57 to
  1  7 321.63, if the person in whose name such vehicle is to be
  1  8 registered or to whom a special plate or plates are to be
  1  9 issued elects to do so as special mobile equipment and under
  1 10 such circumstances the provisions of this subsection shall not
  1 11 be applicable to such vehicle, nor shall such vehicle be
  1 12 required to comply with the provisions of sections 321.384 to
  1 13 321.429 through 321.423, when such vehicle is moved during
  1 14 daylight hours, provided however, the provisions of section
  1 15 321.383 shall remain applicable to such vehicle.
  1 16    Sec. 2.  Section 321.1, subsection 69, paragraph c, Code
  1 17 1999, is amended to read as follows:
  1 18    c.  Operated by a municipally or privately owned urban
  1 19 transit company or a regional transit system as defined in
  1 20 section 324A.1 for the transportation of children as part of
  1 21 or in addition to their regularly scheduled service; or
  1 22    Sec. 3.  Section 321.1, subsection 76, Code 1999, is
  1 23 amended to read as follows:
  1 24    76.  "Special truck" means a motor truck or truck tractor
  1 25 not used for hire with a gross weight registration of six
  1 26 through thirty-two tons used by a person engaged in farming to
  1 27 transport commodities produced only by the owner, or to
  1 28 transport commodities purchased by the owner for use in the
  1 29 owner's own farming operation or occasional use for charitable
  1 30 purposes.  "Special truck" also means a motor truck or truck
  1 31 tractor not used for hire with a gross weight registration of
  1 32 six through thirty-two tons used by a person engaged in
  1 33 farming who assists another person engaged in farming through
  1 34 an exchange of services.  A "special truck" does not include a
  1 35 truck tractor operated more than seventy-five hundred fifteen
  2  1 thousand miles annually.
  2  2    Sec. 4.  Section 321.23, subsection 3, Code 1999, is
  2  3 amended to read as follows:
  2  4    3.  In the event an applicant for registration of a foreign
  2  5 vehicle for which a certificate of title has been issued is
  2  6 able to furnish evidence of being the registered owner of the
  2  7 vehicle to the county treasurer of the owner's residence,
  2  8 although unable to surrender such certificate of title, the
  2  9 county treasurer may issue a registration receipt and plates
  2 10 upon receipt of the required registration fee but shall not
  2 11 issue a certificate of title thereto.  Upon surrender of the
  2 12 certificate of title from the foreign state, the county
  2 13 treasurer shall issue a certificate of title to the owner, or
  2 14 person entitled thereto, of such vehicle as provided in this
  2 15 chapter.  The owner of a vehicle registered under this
  2 16 subsection shall not be required to obtain a certificate of
  2 17 title in this state and may transfer ownership of the vehicle
  2 18 to a motor vehicle dealer licensed under chapter 322 if, at
  2 19 the time of the transfer, the certificate of title is held by
  2 20 a secured party and the dealer has forwarded to the secured
  2 21 party the sum necessary to discharge the security interest
  2 22 pursuant to section 321.48, subsection 1.
  2 23    Sec. 5.  Section 321.25, unnumbered paragraph 1, Code 1999,
  2 24 is amended to read as follows:
  2 25    A vehicle may be operated upon the highways of this state
  2 26 without registration plates for a period of thirty forty-five
  2 27 days after the date of delivery of the vehicle to the
  2 28 purchaser from a dealer if a card bearing the words
  2 29 "registration applied for" is attached on the rear of the
  2 30 vehicle.  The card shall have plainly stamped or stenciled the
  2 31 registration number of the dealer from whom the vehicle was
  2 32 purchased and the date of delivery of the vehicle.  In
  2 33 addition, a dealer licensed to sell new motor vehicles may
  2 34 attach the card to a new motor vehicle delivered by the dealer
  2 35 to the purchaser even if the vehicle was purchased from an
  3  1 out-of-state dealer and the card shall bear the registration
  3  2 number of the dealer that delivered the vehicle.  A dealer
  3  3 shall not issue a card to a person known to the dealer to be
  3  4 in possession of registration plates which may be attached to
  3  5 the vehicle.  A dealer shall not issue a card unless an
  3  6 application for registration and certificate of title has been
  3  7 made by the purchaser and a receipt issued to the purchaser of
  3  8 the vehicle showing the fee paid by the person making the
  3  9 application.  Dealers' records shall indicate the agency to
  3 10 which the fee is sent and the date the fee is sent.  The
  3 11 dealer shall forward the application by the purchaser to the
  3 12 county treasurer or state office within fifteen calendar days
  3 13 from the date of delivery of the vehicle.  However, if the
  3 14 vehicle is subject to a security interest and has been offered
  3 15 for sale pursuant to section 321.48, subsection 1, the dealer
  3 16 shall forward the application by the purchaser to the county
  3 17 treasurer or state office within twenty-two thirty calendar
  3 18 days from the date of the delivery of the vehicle to the
  3 19 purchaser.
  3 20    Sec. 6.  Section 321.42, Code 1999, is amended to read as
  3 21 follows:
  3 22    321.42  LOST OR DAMAGED CERTIFICATES, CARDS, AND PLATES.
  3 23    1.  If a registration card, plate, or pair of plates is
  3 24 lost or becomes illegible, the owner shall immediately apply
  3 25 for replacement.  The fee for a replacement registration card
  3 26 shall be three dollars.  The fee for a replacement plate or
  3 27 pair of plates shall be five dollars.  When the owner has
  3 28 furnished information required by the department and paid the
  3 29 proper fee, a duplicate, substitute, or new registration card,
  3 30 plate, or pair of plates may be issued.
  3 31    2.  a.  If a certificate of title is lost or destroyed, the
  3 32 owner or lienholder shall apply for a certified copy of the
  3 33 original certificate of title.  The owner or lienholder of a
  3 34 motor vehicle may also apply for a certified copy of the
  3 35 original certificate of title as a replacement for the
  4  1 original certificate of title upon surrender of the original
  4  2 certificate of title with the application.  The application
  4  3 shall be made to the department or county treasurer who issued
  4  4 the original certificate of title.  The application shall be
  4  5 signed by the owner or lienholder and accompanied by a fee of
  4  6 ten dollars.
  4  7    b.  After five days, the department or county treasurer
  4  8 shall issue a certified copy to the applicant at the
  4  9 applicant's most recent address, however, the five-day waiting
  4 10 period does not apply to an applicant who has surrendered the
  4 11 original certificate of title to the department or county
  4 12 treasurer.  The certified copy shall be clearly marked
  4 13 "duplicate" and shall be identical to the original, including
  4 14 notation of liens or encumbrances.  When a certified copy has
  4 15 been issued, the previous certificate is void.
  4 16    c.  If a security interest noted on the face of an original
  4 17 certificate of title was released by the lienholder on a
  4 18 separate form pursuant to section 321.50, subsection 4, and
  4 19 the signature of the lienholder, or the person executing the
  4 20 release on behalf of the lienholder, is notarized, but the
  4 21 lienholder has not delivered the original certificate to the
  4 22 appropriate party as provided in section 321.50, subsection 4,
  4 23 the owner may apply for and receive a replacement certificate
  4 24 of title without the released security interest noted thereon.
  4 25 The lienholder shall return the original certificate of title
  4 26 to the department or to the treasurer of the county where the
  4 27 title was issued.
  4 28    d.  A new purchaser or transferee is entitled to receive an
  4 29 original title upon presenting the assigned duplicate copy to
  4 30 the treasurer of the county where the new purchaser or
  4 31 transferee resides.  At the time of purchase, a purchaser may
  4 32 require the seller to indemnify the purchaser and all future
  4 33 purchasers of the vehicle against any loss which may be
  4 34 suffered due to claims on the original certificate.  A person
  4 35 recovering an original certificate of title for which a
  5  1 duplicate has been issued shall surrender the original
  5  2 certificate to the county treasurer or the department.
  5  3    3.  If a county treasurer mails vehicle registration
  5  4 documents which become lost or are damaged in transit through
  5  5 the United States postal service, the person to whom the
  5  6 documents were being sent may apply for reissuance without
  5  7 cost.  The application shall be made with the county treasurer
  5  8 who originally issued the documents not less than twenty days
  5  9 from the date the documents were placed with the United States
  5 10 postal service.  If the original documents are received after
  5 11 reissuance of duplicates, the original documents shall be
  5 12 surrendered to the county treasurer within five days of the
  5 13 time they are received.
  5 14    Sec. 7.  Section 321.48, subsection 1, unnumbered paragraph
  5 15 2, Code 1999, is amended to read as follows:
  5 16    A dealer licensed pursuant to chapter 322 or chapter 322C
  5 17 who has acquired a vehicle for resale which is subject to a
  5 18 security interest as provided in section 321.50 and who has
  5 19 forwarded to the secured party the sum necessary to discharge
  5 20 the security interest may offer the vehicle for sale prior to
  5 21 the receipt from the county treasurer of the certificate of
  5 22 title for the vehicle with the lien discharged for a period of
  5 23 not more than twenty thirty days from the date the vehicle was
  5 24 acquired and the provisions of section 321.104, subsection 2
  5 25 shall not apply.
  5 26    Sec. 8.  Section 321.49, subsection 1, Code 1999, is
  5 27 amended to read as follows:
  5 28    1.  Except as provided in section 321.52, if an application
  5 29 for transfer of registration and certificate of title is not
  5 30 submitted to the county treasurer of the residence of the
  5 31 transferee within fifteen thirty days of the date of
  5 32 assignment or transfer of title, or within twenty-two thirty
  5 33 days of the date of delivery to the purchaser if the vehicle
  5 34 is subject to a security interest and was offered for sale
  5 35 pursuant to section 321.48, subsection 1, a penalty of ten
  6  1 dollars shall accrue against the applicant, and no
  6  2 registration card or certificate of title shall be issued to
  6  3 the applicant for the vehicle until the penalty is paid.
  6  4    Sec. 9.  Section 321.50, subsection 4, unnumbered paragraph
  6  5 3, Code 1999, is amended to read as follows:
  6  6    However, when When a security interest is discharged for a
  6  7 vehicle with a gross vehicle weight rating of sixteen thousand
  6  8 pounds or more, the lienholder shall note the cancellation of
  6  9 a the security interest on the face of the title and may note
  6 10 the cancellation of the security interest on a form prescribed
  6 11 by the department and deliver a copy of the form in lieu of
  6 12 the title to the department or to the treasurer of the county
  6 13 in which the title was issued.  The department or county
  6 14 treasurer shall note the release of the security interest upon
  6 15 the statewide computer system and the county's records.  A
  6 16 copy of the form, if used, shall be attached to the title by
  6 17 the lienholder and shall be evidence of the release of the
  6 18 security interest.  The lienholder shall deliver the title to
  6 19 the first lienholder, or if there is no such person, to the
  6 20 person as designated by the owner, or if there is no such
  6 21 person designated, to the owner.
  6 22    Sec. 10.  Section 321.166, subsections 1 and 4, Code 1999,
  6 23 are amended to read as follows:
  6 24    1.  Registration plates shall be of metal and of a size not
  6 25 to exceed six inches by twelve inches, except that the size of
  6 26 plates issued for use on motorized bicycles, motorcycles,
  6 27 motorcycle trailers, and trailers with an empty weight of two
  6 28 thousand pounds or less, and special mobile equipment shall be
  6 29 established by the department.
  6 30    Trailers with empty weights of two thousand pounds or less
  6 31 may, upon request, be licensed with regular-sized license
  6 32 plates.
  6 33    4.  The registration plate number, except on motorized
  6 34 bicycle, motorcycle, motorcycle trailer, and trailers with an
  6 35 empty weight of two thousand pounds or less, and special
  7  1 mobile equipment registration plates, shall be of sufficient
  7  2 size to be readable from a distance of one hundred feet during
  7  3 daylight.
  7  4    Sec. 11.  Section 321.178, subsection 1, unnumbered
  7  5 paragraphs 2 and 3, Code 1999, are amended to read as follows:
  7  6    To be qualified as a classroom or laboratory driver
  7  7 education instructor, a person shall have satisfied the
  7  8 educational requirements for a teaching license at the
  7  9 elementary or secondary level and hold a valid license to
  7 10 teach driver education in the public schools of this state.
  7 11    Every public school district in Iowa shall offer or make
  7 12 available to all students residing in the school district or
  7 13 Iowa students attending a nonpublic school in the district an
  7 14 approved course in driver education.  The courses may be
  7 15 offered at sites other than at the public school, including
  7 16 nonpublic school facilities within the public school
  7 17 districts.  An approved course offered during the summer
  7 18 months, on Saturdays, after regular school hours during the
  7 19 regular terms or partly in one term or summer vacation period
  7 20 and partly in the succeeding term or summer vacation period,
  7 21 as the case may be, shall satisfy the requirements of this
  7 22 section to the same extent as an approved course offered
  7 23 during the regular school hours of the school term.   A
  7 24 student who successfully completes and obtains certification
  7 25 in an approved course in driver education or an approved
  7 26 course in motorcycle education may, upon proof of such fact,
  7 27 be excused from any field test which the student would
  7 28 otherwise be required to take in demonstrating the student's
  7 29 ability to operate a motor vehicle.  A student shall not be
  7 30 excused from any field test if a parent, guardian, or
  7 31 instructor requests that a test be administered.  Street or
  7 32 highway driving instruction may be provided by a person
  7 33 qualified as a classroom driver education instructor or a
  7 34 person certified by the department of transportation and
  7 35 authorized by the board of educational examiners.  A final
  8  1 field test prior to a student's completion of an approved
  8  2 course shall be administered by a person qualified as a
  8  3 classroom driver education instructor.  The department of
  8  4 transportation shall adopt rules pursuant to chapter 17A to
  8  5 provide for certification of persons qualified to provide
  8  6 street or highway driving instruction and for administering
  8  7 requested field tests.  The board of educational examiners
  8  8 shall adopt rules pursuant to chapter 17A to provide for
  8  9 authorization of persons certified by the department of
  8 10 transportation to provide street or highway driving
  8 11 instruction.
  8 12    Sec. 12.  Section 321.189, subsection 2, paragraphs b and
  8 13 c, Code 1999, are amended to read as follows:
  8 14    b.  A commercial driver's license shall include the
  8 15 licensee's address as required under federal regulations and
  8 16 the licensee's social security number, and the words
  8 17 "commercial driver's license" or "CDL" shall appear
  8 18 prominently on the face of the license.  If the applicant is a
  8 19 nonresident, the license must conspicuously display the word
  8 20 "nonresident".
  8 21    c.  The department shall advise an applicant that the
  8 22 applicant for a driver's license other than a commercial
  8 23 driver's license may request a number other than a social
  8 24 security number as the driver's license number.
  8 25    Sec. 13.  Section 321.449, unnumbered paragraphs 2 and 4,
  8 26 Code 1999, are amended to read as follows:
  8 27    Rules adopted under this section concerning driver
  8 28 qualifications, hours of service, and recordkeeping
  8 29 requirements do not apply to the operators of public utility
  8 30 trucks, trucks hauling gravel, construction trucks and
  8 31 equipment, trucks moving implements of husbandry, and special
  8 32 trucks, other than a truck tractor, operating intrastate.
  8 33 Trucks Except as otherwise provided in this section, trucks
  8 34 for hire on construction projects are not exempt from this
  8 35 section.
  9  1    Notwithstanding other provisions of this section, rules
  9  2 adopted under this section for drivers of commercial vehicles
  9  3 shall not apply to a driver of a commercial vehicle who is
  9  4 engaged exclusively in intrastate commerce, when the
  9  5 commercial vehicle's gross vehicle weight rating is 26,000
  9  6 pounds or less, unless the vehicle is used to transport
  9  7 hazardous materials requiring a placard or if the vehicle is
  9  8 designed to transport more than fifteen passengers, including
  9  9 the driver.  For the purpose of complying with the hours of
  9 10 service recordkeeping requirements under 49 C.F.R. }
  9 11 395.1(e)(5), a driver's report of daily beginning and ending
  9 12 on-duty time submitted to the motor carrier at the end of each
  9 13 work week shall be considered acceptable motor carrier time
  9 14 records.  In addition, rules adopted under this section shall
  9 15 not apply to a driver for a farm operation as defined in
  9 16 section 352.2, or for an agricultural interest when the
  9 17 commercial vehicle is operated between the farm as defined in
  9 18 section 352.2 and another farm, between the farm and a market
  9 19 for farm products, or between the farm and an agribusiness
  9 20 location.  A driver or a driver-salesperson for a private
  9 21 carrier, who is not for hire and who is engaged exclusively in
  9 22 intrastate commerce, may drive twelve hours, be on duty
  9 23 sixteen hours in a twenty-four hour period and be on duty
  9 24 seventy hours in seven consecutive days or eighty hours in
  9 25 eight consecutive days.  For-hire drivers who are engaged
  9 26 exclusively in intrastate commerce and who operate trucks and
  9 27 truck-tractors exclusively for the movement of construction
  9 28 materials and equipment to and from construction projects may
  9 29 also drive twelve hours, be on duty sixteen hours in a twenty-
  9 30 four-hour period, and be on duty seventy hours in seven
  9 31 consecutive days or eighty hours in eight consecutive days.  A
  9 32 driver-salesperson means as defined in 49 C.F.R. } 395.2,
  9 33 adopted as of a specific date by the department by rule.
  9 34    Sec. 14.  Section 321.453, Code 1999, is amended to read as
  9 35 follows:
 10  1    321.453  EXCEPTIONS.
 10  2    The provisions of this chapter governing size, weight, and
 10  3 load, and the permit requirements of chapter 321E do not apply
 10  4 to fire apparatus,; road maintenance equipment owned by or,
 10  5 under lease to, or used in the performance of a contract with
 10  6 any state or local authority,; implements of husbandry
 10  7 temporarily moved upon a highway,; implements of husbandry
 10  8 moved from farm site to farm site or between the retail seller
 10  9 and a farm purchaser,; implements of husbandry moved between
 10 10 any site and the site of an agricultural exposition or a fair
 10 11 administered pursuant to chapter 173 or 174,; indivisible
 10 12 implements of husbandry temporarily moved between the place of
 10 13 manufacture and a retail seller or a farm purchaser,;
 10 14 implements of husbandry received and moved by a retail seller
 10 15 of implements of husbandry in exchange for a purchased
 10 16 implement,; or implements of husbandry moved for repairs,
 10 17 except on any part of the interstate highway system.  A
 10 18 vehicle, carrying an implement of husbandry, which is exempted
 10 19 from the permit requirements under this section shall be
 10 20 equipped with an amber flashing light under section 321.423,
 10 21 shall be equipped with warning flags on that portion of the
 10 22 vehicle which protrudes into oncoming traffic, and shall only
 10 23 operate from thirty minutes prior to sunrise to thirty minutes
 10 24 following sunset.  The one hundred-mile distance restriction
 10 25 contained in the definition of implement of husbandry in
 10 26 section 321.1 does not apply to this section.
 10 27    Sec. 15.  Section 321E.8, subsection 2, Code 1999, is
 10 28 amended to read as follows:
 10 29    2.  Vehicles with indivisible loads having an overall width
 10 30 not to exceed twelve feet five inches or mobile homes,
 10 31 including appurtenances, having an overall width not to exceed
 10 32 twelve feet five inches and an overall length not to exceed
 10 33 one hundred twenty feet zero inches may be moved on highways
 10 34 specified by the permitting authority for unlimited distances
 10 35 if the height of the vehicle and load does not exceed fourteen
 11  1 fifteen feet zero five inches and the total gross weight of
 11  2 the vehicle does not exceed one hundred thirty-six thousand
 11  3 pounds.  The vehicle owner or operator shall verify with the
 11  4 permitting authority prior to movement of the load that
 11  5 highway conditions have not changed so as to prohibit movement
 11  6 of the vehicle.  Any cost to repair damage to highways or
 11  7 highway structures shall be borne by the owner or operator of
 11  8 the vehicle causing the damage.  Permitted vehicles under this
 11  9 subsection shall not be allowed to travel on any portion of
 11 10 the interstate highway system.
 11 11    Sec. 16.  Section 321E.12, Code 1999, is amended to read as
 11 12 follows:
 11 13    321E.12  REGISTRATION MUST BE CONSISTENT.
 11 14    Any A vehicle traveling under permit shall be properly
 11 15 registered for the gross weight of the vehicle and load.  Any
 11 16 A person owning special mobile equipment registered and in
 11 17 compliance with section 321.21, may use a transport vehicle
 11 18 registered for the gross weight of the transport without a
 11 19 load.  Vehicles, while being used for the transportation of
 11 20 buildings, except mobile homes and factory-built structures,
 11 21 may be registered for the combined gross weight of the vehicle
 11 22 and load on a single-trip basis.  The fee is five cents per
 11 23 ton exceeding the weight registered under section 321.122 per
 11 24 mile of travel.  Fees shall not be prorated for fractions of
 11 25 miles.  This provision does not exempt these vehicles from any
 11 26 other provision of this chapter.
 11 27    Sec. 17.  Section 322.5, Code 1999, is amended by adding
 11 28 the following new subsection:
 11 29    NEW SUBSECTION.  5.  A manufacturer, distributor, or dealer
 11 30 may, upon receipt of a temporary permit approved by the
 11 31 department, display new ambulances, new fire vehicles, and new
 11 32 rescue vehicles for educational purposes only at vehicle shows
 11 33 and vehicle exhibitions conducted for the express purpose of
 11 34 educating fire and rescue personnel in new technology and
 11 35 techniques for fire-fighting and rescue efforts.  Application
 12  1 for temporary permits shall be made upon forms provided by the
 12  2 department and shall be accompanied by a ten dollar permit
 12  3 fee.  Permits shall be issued for a single show or exhibition,
 12  4 not to exceed five consecutive days.
 12  5    Sec. 18.  Section 322.14, Code 1999, is amended by striking
 12  6 the section and inserting in lieu thereof the following:
 12  7    322.14  PENALTIES.
 12  8    1.  A person who violates any of the provisions of this
 12  9 chapter for which a penalty is not specifically provided is
 12 10 guilty of a simple misdemeanor punishable by a fine of not
 12 11 less than two hundred fifty dollars nor more than one thousand
 12 12 five hundred dollars or by imprisonment not to exceed thirty
 12 13 days.
 12 14    2.  Notwithstanding subsection 1, if a provision of chapter
 12 15 537 is applicable to a retail installment contract and a
 12 16 violation of that provision is subject to a penalty under
 12 17 chapter 537, that penalty shall apply in lieu of a penalty
 12 18 provided in this chapter.
 12 19    Sec. 19.  NEW SECTION.  322.21  REMAINING BALANCE ON TRADE
 12 20 VEHICLE.
 12 21    The extension of credit by a retail seller to a retail
 12 22 buyer, pursuant to a retail installment contract, of the
 12 23 amount actually paid or to be paid by the retail seller to
 12 24 discharge a purchase money security interest, as defined in
 12 25 section 554.9107, on a motor vehicle traded in by the retail
 12 26 buyer shall not subject the retail seller to the provisions of
 12 27 chapter 536 or 536A.
 12 28    Sec. 20.  DRIVER'S EDUCATION CURRICULUM – STUDY.  The
 12 29 legislative council is requested to establish an interim study
 12 30 committee consisting of members of both political parties from
 12 31 throughout the state.  The study may include but is not
 12 32 limited to driver's education curriculum, certification of
 12 33 persons by the department of transportation to provide street
 12 34 and highway driving instruction, costs to students and to
 12 35 schools, privatizing driver's education, expansion of behind-
 13  1 the-wheel training, and effects on insurance rates.  The
 13  2 committee may consult with the department of transportation,
 13  3 department of education, board of educational examiners,
 13  4 parents, educators, insurance executives, and other persons
 13  5 with expertise or information relevant to the study of
 13  6 driver's education.  The committee is directed to submit its
 13  7 findings, together with any recommendations, in a report to
 13  8 the general assembly which convenes in January 2000.
 13  9    Sec. 21.  Sections 309.42, 309.56, and 321.21, Code 1999,
 13 10 are repealed.  
 13 11                           EXPLANATION
 13 12    This bill amends Code section 321.1 to revise three
 13 13 definitions applicable to Code chapter 321, regulating motor
 13 14 vehicles and providing for rules of the road.  First, a
 13 15 provision in the definition of an implement of husbandry is
 13 16 amended to provide that an implement of husbandry that is
 13 17 operated as special mobile equipment does not have to be
 13 18 registered as special mobile equipment.  The change is
 13 19 necessary because the bill repeals Code section 321.21,
 13 20 providing for registration of special mobile equipment.
 13 21    Second, the definition of a school bus is modified to
 13 22 exclude vehicles which are operated by a regional transit
 13 23 system, as defined in Code section 324A.1, for the
 13 24 transportation of children as part of or in addition to their
 13 25 regularly scheduled service.  Currently, the definition of
 13 26 school bus excludes such vehicles operated by a municipally or
 13 27 privately owned urban transit company for the same purpose.
 13 28    The definition of a special truck in Code section 321.1 is
 13 29 also revised to provide that a special truck does not include
 13 30 a truck tractor operated more than 15,000 miles per year.
 13 31 Currently, special trucks are defined as certain motor trucks
 13 32 and truck tractors used by persons engaged in farming to
 13 33 transport commodities produced or used by the owner or to
 13 34 assist another person engaged in farming.  Special trucks
 13 35 currently do not include truck tractors operated more than
 14  1 7,500 miles per year.  The owner of a special truck may
 14  2 register the vehicle as a special truck and pay a registration
 14  3 fee which is less than the registration fee for other trucks
 14  4 of similar size and weight.  Additionally, special trucks are
 14  5 not subject to rules concerning periodic inspections adopted
 14  6 by the state department of transportation.
 14  7    The bill amends Code section 321.23, relating to
 14  8 certificates of title for specially constructed and foreign
 14  9 vehicles.  The bill provides that the owner of a foreign
 14 10 vehicle who has registered the vehicle in this state may
 14 11 transfer the vehicle to a licensed motor vehicle dealer
 14 12 without obtaining a certificate of title in this state if the
 14 13 foreign certificate of title is held by a secured party and
 14 14 the motor vehicle dealer has paid the appropriate sum to
 14 15 discharge the security interest.
 14 16    Code section 321.25 is amended to provide that the period
 14 17 of time for which a vehicle may be operated with a
 14 18 "registration applied for" card pending issuance of
 14 19 registration plates shall be 45 days after the delivery of the
 14 20 vehicle to the purchaser from a dealer rather than the current
 14 21 30 days.  The section is also amended by extending the period
 14 22 of time from 22 to 30 days in which a dealer has to apply, on
 14 23 behalf of the purchaser of a traded-in vehicle, for a new
 14 24 certificate of title to the vehicle when the trade-in
 14 25 customer's security interest on the vehicle has been paid by
 14 26 the dealer.
 14 27    The bill also amends Code section 321.42, relating to lost
 14 28 or damaged certificates of title, registration cards, and
 14 29 registration plates, to provide that a replacement certificate
 14 30 of title may be issued without the released security interest
 14 31 noted on the replacement if the security interest was released
 14 32 by the lienholder pursuant to a notarized signature on a
 14 33 separate form, but the lienholder has not delivered the
 14 34 original certificate to the appropriate party.
 14 35    Code section 321.48 is amended to extend the period of time
 15  1 during which a vehicle dealer can offer a used vehicle for
 15  2 sale if a security interest on the vehicle has been paid but
 15  3 the certificate of title with the lien discharge noted thereon
 15  4 has not yet been received, from 20 to 30 days.
 15  5    The bill amends Code section 321.49 to provide that the
 15  6 purchaser of a motor vehicle must apply for transfer of
 15  7 registration and certificate of title within 30, rather than
 15  8 the current 15, days of the assignment or transfer of title,
 15  9 or within 30, rather than the current 22, days of delivery to
 15 10 the purchaser if the vehicle is subject to a security interest
 15 11 which was paid by the dealer.
 15 12    The bill also amends Code section 321.50 to provide that a
 15 13 security interest in a vehicle of any weight may be discharged
 15 14 by noting the cancellation of the security interest on the
 15 15 face of the title and on a separate form which is to be
 15 16 delivered to the department or to the appropriate county
 15 17 treasurer.  Currently, only security interests in vehicles
 15 18 with a gross vehicle weight rating of 16,000 pounds or more
 15 19 may be discharged in this manner.
 15 20    Code section 321.178 is amended to eliminate the
 15 21 requirement that laboratory driver education instructors be
 15 22 licensed teachers.  The bill also modifies the requirements
 15 23 for street and highway driving instructors who are not
 15 24 licensed teachers to provide that, in addition to the current
 15 25 requirement that such instructors be certified by the
 15 26 department of transportation, the instructors be authorized by
 15 27 the board of educational examiners.  Final field tests prior
 15 28 to students' completion of the driver education course are to
 15 29 be administered by a licensed classroom driver education
 15 30 instructor.
 15 31    The bill eliminates the requirement in Code section 321.189
 15 32 that the social security number of a commercial driver's
 15 33 licensee appear on the face of the commercial driver's
 15 34 license.  A person applying for a commercial driver's license
 15 35 must still provide the person's social security number on the
 16  1 application, as required by federal regulations.  The bill
 16  2 gives commercial driver's licensees the option currently
 16  3 available to other driver's licensees of requesting a number
 16  4 other than the driver's social security number as the driver's
 16  5 license number.
 16  6    The bill also amends Code section 321.449, relating to
 16  7 motor carrier safety rules, to provide that a for-hire driver
 16  8 of a commercial vehicle who is engaged exclusively in
 16  9 intrastate commerce and who operates trucks and truck-tractors
 16 10 exclusively for the movement of construction materials and
 16 11 equipment to and from construction projects shall have the
 16 12 same restrictions on the length of time the driver may drive
 16 13 and be on duty as a driver for a private carrier who is not
 16 14 for hire and who is engaged exclusively in intrastate
 16 15 commerce.
 16 16    Code section 321.453, providing exceptions to the size,
 16 17 weight, and load requirements for vehicles in Code chapter 321
 16 18 and to the permit requirements in Code chapter 321E, is
 16 19 amended to except road maintenance equipment used in the
 16 20 performance of a contract with a state or local authority from
 16 21 the requirements.  Currently, road maintenance equipment owned
 16 22 by or under lease to a state or local authority is excepted
 16 23 from the requirements.
 16 24    The bill amends Code section 321E.8 by increasing the
 16 25 length and height limitations for vehicles carrying an
 16 26 indivisible load pursuant to one category of an excessive size
 16 27 and weight permit.  The length limitation is increased from
 16 28 100 to 120 feet.  The height limitation is increased from 14
 16 29 feet to 15 feet five inches.
 16 30    The bill also amends Code section 322.5 to allow a motor
 16 31 vehicle manufacturer, distributor, or dealer to display
 16 32 ambulances, new fire vehicles, and new rescue vehicles,
 16 33 pursuant to a temporary permit, for educational purposes at
 16 34 vehicle shows and exhibitions conducted to educate fire and
 16 35 rescue personnel in new technology and techniques.  The
 17  1 temporary permits are available upon application to the state
 17  2 department of transportation and payment of a $10 permit fee.
 17  3    Code section 322.14, providing penalties for violations of
 17  4 Code chapter 322 regulating motor vehicle manufacturers,
 17  5 distributors, and dealers, is amended to provide that
 17  6 violations for which a penalty is not specifically provided
 17  7 are simple misdemeanors punishable by a fine of not less than
 17  8 $250 nor more than $1,500 or by imprisonment not to exceed 30
 17  9 days.  The bill subjects manufacturers and distributors who
 17 10 terminate or fail to renew a contract with a motor vehicle
 17 11 dealer without reasonable cause or because the dealer did not
 17 12 sell, assign, or transfer a retail installment contract to a
 17 13 person or class of persons designated by the manufacturer or
 17 14 distributor to the same penalty provisions as persons
 17 15 violating other provisions of Code chapter 322.  Currently,
 17 16 persons violating a provision of Code chapter 322 for which a
 17 17 specific penalty is not provided, except for manufacturers and
 17 18 distributors who terminate or fail to renew a contract with a
 17 19 dealer without reasonable cause, are guilty of serious
 17 20 misdemeanors, punishable by a fine of not less than $250 nor
 17 21 more than $1,500 or by imprisonment not to exceed one year.
 17 22    The bill adds Code section 322.21, providing that when a
 17 23 vehicle which is traded in to a dealer on the purchase of
 17 24 another vehicle is worth less than the amount owed on the
 17 25 trade-in, the amount necessary to pay off the security
 17 26 interest on the trade-in may be included in the amount of the
 17 27 retail installment contract for the vehicle purchased without
 17 28 subjecting the dealer to Code chapter 536 or 536A, regulating
 17 29 loans.
 17 30    The bill also repeals Code sections 309.42 and 309.56,
 17 31 requiring that the state department of transportation review
 17 32 local county plans and contracts for road, bridge, and culvert
 17 33 construction on secondary roads.
 17 34    Code section 321.21, providing for registration of vehicles
 17 35 classified as special mobile equipment, is repealed by the
 18  1 bill.  Special mobile equipment is defined by Code section
 18  2 321.1 as every vehicle not designed or used primarily for the
 18  3 transportation of persons or property and incidentally
 18  4 operated or moved on the highways.  The bill also makes
 18  5 corresponding changes in Code sections 321.166 and 321E.12.
 18  6    The bill requests the legislative council to establish an
 18  7 interim study committee on driver's education curriculum.  
 18  8 LSB 2644SC 78
 18  9 nh/jw/5
     

Text: SSB01142                          Text: SSB01144
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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