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PAG LIN 1 1 DIVISION I 1 2 MOTOR VEHICLE REGISTRATION AND TITLING, DEALER 1 3 LICENSING, AND MOTOR VEHICLE AND MOTOR CARRIER ENFORCEMENT 1 4 Section 1. Section 321.1, Code Supplement 1999, is amended 1 5 by adding the following new subsection: 1 6 NEW SUBSECTION. 83A. "Towing or recovery vehicle" means a 1 7 motor vehicle equipped with booms, winches, slings, or wheel 1 8 lifts used to tow, recover, or transport other motor vehicles. 1 9 Sec. 2. Section 321.20A, subsection 1, Code 1999, is 1 10 amended to read as follows: 1 11 1. Notwithstanding other provisions of this chapter, the 1 12 owner of a commercial vehicle subject to the proportional 1 13 registration provisions of chapter 326, may make application 1 14 to the department for a certificate of title. The application 1 15 for certificate of title shall be made withinfifteenthirty 1 16 days of purchase or transfer and accompanied by a ten dollar 1 17 title fee and appropriate use tax. 1 18 Sec. 3. Section 321.25, unnumbered paragraph 1, Code 1 19 Supplement 1999, is amended to read as follows: 1 20 A vehicle may be operated upon the highways of this state 1 21 without registration plates for a period of forty-five days 1 22 after the date of delivery of the vehicle to the purchaser 1 23 from a dealer if a card bearing the words "registration 1 24 applied for" is attached on the rear of the vehicle. The card 1 25 shall have plainly stamped or stenciled the registration 1 26 number of the dealer from whom the vehicle was purchased and 1 27 the date of delivery of the vehicle. In addition, a dealer 1 28 licensed to sell new motor vehicles may attach the card to a 1 29 new motor vehicle delivered by the dealer to the purchaser 1 30 even if the vehicle was purchased from an out-of-state dealer 1 31 and the card shall bear the registration number of the dealer 1 32 that delivered the vehicle. A dealer shall not issue a card 1 33 to a person known to the dealer to be in possession of 1 34 registration plates which may be attached to the vehicle. A 1 35 dealer shall not issue a card unless an application for 2 1 registration and certificate of title has been made by the 2 2 purchaser and a receipt issued to the purchaser of the vehicle 2 3 showing the fee paid by the person making the application. 2 4 Dealers' records shall indicate the agency to which the fee is 2 5 sent and the date the fee is sent. The dealer shall forward 2 6 the application by the purchaser to the county treasurer or 2 7 state office withinfifteenthirty calendar days from the date 2 8 of delivery of the vehicle. However, if the vehicle is 2 9 subject to a security interest and has been offered for sale 2 10 pursuant to section 321.48, subsection 1, the dealer shall 2 11 forward the application by the purchaser to the county 2 12 treasurer or state office within thirty calendar days from the 2 13 date of the delivery of the vehicle to the purchaser. 2 14 Sec. 4. Section 321.30, subsection 13, unnumbered 2 15 paragraph 2, Code Supplement 1999, is amended to read as 2 16 follows: 2 17 The department or the county treasurer shall also refuse 2 18 registration of a vehicle if the applicant for registration of 2 19 the vehicle has failed to pay the required registration fees 2 20 of any vehicle owned or previously owned when the registration 2 21 fee was required to be paid by the applicant, and for which 2 22 vehicle the registration was suspended or revoked under 2 23 section 321.101, subsection41, paragraph "d", or section 2 24 321.101A, until the fees are paid together with any accrued 2 25 penalties. 2 26 Sec. 5. Section 321.30, Code Supplement 1999, is amended 2 27 by adding the following new subsection: 2 28 NEW SUBSECTION. 14. The department or the county 2 29 treasurer shall refuse registration of a vehicle if the 2 30 applicant is under the age of eighteen years, unless the 2 31 applicant has an Iowa driver's license or the application is 2 32 being made by more than one applicant and one of the 2 33 applicants is at least eighteen years of age. 2 34 Sec. 6. Section 321.46, subsection 1, Code Supplement 2 35 1999, is amended to read as follows: 3 1 1. The transferee shall withinfifteenthirty calendar 3 2 days after purchase or transfer apply for and obtain from the 3 3 county treasurer of the person's residence, or if a 3 4 nonresident, the county treasurer of the county where the 3 5 primary users of the vehicle are located or the county where 3 6 all other vehicles owned by the nonresident are registered, a 3 7 new registration and a new certificate of title for the 3 8 vehicle except as provided in section 321.25 or 321.48. The 3 9 transferee shall present with the application the certificate 3 10 of title endorsed and assigned by the previous owner and shall 3 11 indicate the name of the county in which the vehicle was last 3 12 registered and the registration expiration date. The 3 13 transferee shall be required to list a driver's license 3 14 number. 3 15 Sec. 7. Section 321.50, subsection 4, unnumbered paragraph 3 16 2, Code Supplement 1999, is amended to read as follows: 3 17If a title is presented for transfer, and theIf a lien has 3 18 been released by the lienholder but has not been sent to the 3 19 county of record for clearance of the lien,theany countyof3 20transfermay note the release on the face of the title and 3 21 shall notify the county of record that the lien has been 3 22 released as of the specified date, and shall make entry upon 3 23 the computer system, and shall proceed to transfer the title. 3 24 Notification to the county of record shall be made by an 3 25 automated statewide system, or by sending a photocopy of the 3 26 released title to the county of record. 3 27 Sec. 8. Section 321.52, subsection 2, Code 1999, is 3 28 amended to read as follows: 3 29 2. The purchaser or transferee of a motor vehicle for 3 30 which a certificate of title is issued which is sold for scrap 3 31 or junk shall surrender the certificate of title, properly 3 32 endorsed and signed by the previous owner, to the county 3 33 treasurer of the county of residence of the transferee, and 3 34 shall apply for a junking certificate from the county 3 35 treasurer, withinfifteenthirty days after assignment of the 4 1 certificate of title. The county treasurer shall issue to 4 2 such person without fee a junking certificate. A junking 4 3 certificate shall authorize the holder to possess, transport 4 4 or transfer by endorsement the ownership of the junked 4 5 vehicle. A certificate of title shall not again be issued for 4 6 the vehicle subsequent to the issuance of a junking 4 7 certificate except as provided in subsection 3. The county 4 8 treasurer shall cancel the record of the vehicle. The junking 4 9 certificate shall be printed on the registration receipt form 4 10 and shall be imprinted with the words "junking certificate", 4 11 as prescribed by the department. A space for transfer by 4 12 endorsement shall be on the reverse side of the junking 4 13 certificate. A separate form for the notation of the transfer 4 14 of component parts shall be attached to the junking 4 15 certificate when the certificate is issued. 4 16 Sec. 9. Section 321.52, subsection 4, paragraphs a and c, 4 17 Code 1999, are amended to read as follows: 4 18 a. A vehicle rebuilder or a person engaged in the business 4 19 of buying, selling, or exchanging vehicles of a type required 4 20 to be registered in this state, upon acquisition of a wrecked 4 21 or salvage vehicle, shall surrender the certificate of title 4 22 or manufacturer's or importer's statement of origin properly 4 23 assigned, together with an application for a salvage 4 24 certificate of title to the county treasurer of the county of 4 25 residence of the purchaser or transferee withinfifteenthirty 4 26 days after the date of assignment of the certificate of title 4 27 for the wrecked or salvage motor vehicle. This subsection 4 28 applies only to vehicles with a fair market value of five 4 29 hundred dollars or more, based on the value before the vehicle 4 30 became wrecked or salvage. Upon payment of a fee of two 4 31 dollars, the county treasurer shall issue a salvage 4 32 certificate of title which shall bear the word "SALVAGE" 4 33 stamped or printed on the face of the title in a manner 4 34 prescribed by the department. A salvage certificate of title 4 35 may be assigned to an educational institution, a new motor 5 1 vehicle dealer licensed under chapter 322, a person engaged in 5 2 the business of purchasing bodies, parts of bodies, frames or 5 3 component parts of vehicles for sale as scrap metal, a salvage 5 4 pool, or an authorized vehicle recycler licensed under chapter 5 5 321H. An authorized vehicle recycler licensed under chapter 5 6 321H or a new motor vehicle dealer licensed under chapter 322 5 7 may assign a salvage certificate of title to any person. A 5 8 vehicle on which ownership has transferred to an insurer of 5 9 the vehicle, as a result of a settlement with the owner of the 5 10 vehicle arising out of damage to, or unrecovered theft of the 5 11 vehicle, shall be deemed to be a wrecked or salvage vehicle 5 12 and the insurer shall comply with this subsection to obtain a 5 13 salvage certificate of title withinfifteenthirty days after 5 14 the date of assignment of the certificate of title of the 5 15 vehicle. 5 16 c. A salvage theft examination shall be made by a peace 5 17 officer who has been specially certified and recertified when 5 18 required by the Iowa law enforcement academy to do salvage 5 19 theft examinations. The Iowa law enforcement academy shall 5 20 determine standards for training and certification, conduct 5 21 training, and may approve alternative training programs which 5 22 satisfy the academy's standards for training and 5 23 certification. The owner of the salvage vehicle shall make 5 24 the vehicle available for examination at a time and location 5 25 designated by the peace officer doing the examination. The 5 26 owner may obtain a permit to drive the vehicle to and from the 5 27 examination location by submitting a repair affidavit to the 5 28 agency performing the examination stating that the vehicle is 5 29 reasonably safe for operation and listing the repairs which 5 30 have been made to the vehicle. The owner must be present for 5 31 the examination and have available for inspection the salvage 5 32 title, bills of sale for all essential parts changed, and the 5 33 repair affidavit. The examination shall be for the purposes 5 34 of determining whether the vehicle or repair components have 5 35 been stolen. The examination is not a safety inspection and a 6 1 signed salvage theft examination certificate shall not be 6 2 construed by any court of law to be a certification that the 6 3 vehicle is safe to be operated. There shall be no cause of 6 4 action against the peace officer or the agency conducting the 6 5 examination or the county treasurer for failure to discover or 6 6 note safety defects. If the vehicle passes the theft 6 7 examination, the peace officer shall indicate that the vehicle 6 8 passed examination on the salvage theft examination 6 9 certificate. The permit and salvage theft examination 6 10 certificate shall be on controlled forms prescribed and 6 11 furnished by the department. The owner shall pay a fee of 6 12thirtyseventy-five dollars upon completion of the 6 13 examination. The agency performing the examinations shall 6 14 retaintwentysixty-five dollars of the fee and shall pay five 6 15 dollars of the fee to the department and five dollars of the 6 16 fee to the treasurer of state for deposit in the general fund 6 17 of the state. Moneys deposited to the general fund under this 6 18 paragraph are subject to the requirements of section 8.60 and 6 19 shall be used by the Iowa law enforcement academy to provide 6 20 for the special training, certification, and recertification 6 21 of officers as required by this subsection. 6 22 The state department of transportation shall adopt rules in 6 23 accordance with chapter 17A to carry out this section. 6 24 Sec. 10. Section 321.58, Code 1999, is amended to read as 6 25 follows: 6 26 321.58 APPLICATION. 6 27 All dealers, transporters, new motor vehicle wholesalers 6 28 licensed under chapter 322, and mobile home dealers licensed 6 29 under chapter 322B, upon payment of a fee of seventy dollars 6 30 for two years, one hundred forty dollars for four years, or 6 31 two hundred ten dollars for six years, may make application to 6 32 the department upon the appropriate form for a certificate 6 33 containing a general distinguishing number and for one or more 6 34 special plates as appropriate to various types of vehicles 6 35 subject to registration. The applicant shall also submit 7 1 proof of the applicant's status as a bona fide 894 7 2 transporter, new motor vehicle wholesaler licensed under 7 3 chapter 322, mobile home dealer licensed under chapter 322B, 7 4 or dealer, as reasonably required by the department. Dealers 7 5 in new vehicles shall furnish satisfactory evidence of a valid 7 6 franchise with the manufacturer of the vehicles authorizing 7 7 the dealership.A dealer licensed as a wholesaler for a new7 8motor vehicle model pursuant to chapter 322, shall furnish7 9satisfactory evidence of valid written authorization from the7 10manufacturer of the new motor vehicle of the dealer's status7 11as a wholesaler of the new motor vehicle model.7 12 Sec. 11. Section 321.89, subsection 4, unnumbered 7 13 paragraph 1, Code 1999, is amended to read as follows: 7 14 If an abandoned vehicle has not been reclaimed as provided 7 15 for in subsection 3, the police authority or private entity 7 16 shall make a determination as to whether or not the vehicle 7 17 shall be sold for use upon the highways. If the vehicle is 7 18 not sold for use upon the highways, it shall be sold for junk, 7 19 or demolished and sold as scrap. The police authority or 7 20 private entity shall sell the vehicle at public auction. 7 21 Notwithstanding any other provision of this section, a police 7 22 authority or private entity, which has taken into possession 7 23 any abandoned vehicle which lacks an engine, two or more 7 24 wheels, another part which renders the vehicle totally 7 25 inoperable, or which has a fair market value of less than five 7 26 hundred dollars as determined by the police authority or 7 27 private entity, may dispose of the vehicle to a demolisher for 7 28 junk without public auction after complying with the 7 29 notification procedures in subsection 3. The purchaser of the 7 30 vehicle takes title free and clear of all liens and claims of 7 31 ownership, shall receive a sales receipt from the police 7 32 authority or private entity, and is entitled to register the 7 33 vehicle and receive a certificate of title if sold for use 7 34 upon the highways. If the vehicle is sold or disposed of to a 7 35 demolisher for junk, the demolisher shall make application for 8 1 a junking certificate to the county treasurer withinfifteen8 2 thirty days of purchase and shall surrender the sales receipt 8 3 in lieu of the certificate of title. 8 4 Sec. 12. Section 321.101, Code Supplement 1999, is amended 8 5 to read as follows: 8 6 321.101 SUSPENSION OR REVOCATION OF REGISTRATION OR 8 7 CANCELLATION OF CERTIFICATE OF TITLE BY DEPARTMENT. 8 8 1. The department is hereby authorized to suspend or 8 9 revoke the registration of a vehicle, registration card, 8 10 registration plate, or any nonresident or other permit in any 8 11 of the following events: 8 121.a. When the department is satisfied that such 8 13 registration card, plate, or permit was fraudulently or 8 14 erroneously issued. 8 152.b. When the department determines that a registered 8 16 vehicle is mechanically unfit or unsafe to be operated or 8 17 moved upon the highways. 8 183.c. When a registered vehicle has been dismantled or 8 19 wrecked. 8 204.d. When the department determines that the required fee 8 21 has not been paid and thesamefee is not paid upon reasonable 8 22 notice and demand. 8 235.e. When a registration card, registration plate, or 8 24 permit is knowingly displayed upon a vehicle other than the 8 25 one for which issued. 8 266.f. When the department determines that the owner has 8 27 committed any offense under this chapter involving the 8 28 registration card, plate, or permit to be suspended or 8 29 revoked. 8 307.g. When the department is so authorized under any other 8 31 provision of law. 8 32 h. If a commercial motor vehicle has been assigned to be 8 33 operated by a commercial motor carrier whose ability to 8 34 operate has been terminated or denied by a federal agency. 8 358.2. The department shall cancel a certificate of title 9 1 that appears to have been improperly issued or fraudulently 9 2 obtained or in the case of a mobile home or manufactured 9 3 housing, if taxes were owing under chapter 435 at the time the 9 4 certificate was issued and have not been paid. However, 9 5 before the certificate to a mobile home or manufactured 9 6 housingwherefor which taxes were owing can be canceled, 9 7 notice and opportunity to pay the taxes must be given to the 9 8 person to whom the certificate was issued. Upon cancellation 9 9 of any certificate of title the department shall notify the 9 10 county treasurer who issued it, who shall enter the 9 11 cancellation upon the records. The department shall also 9 12 notify the person to whom the certificate of title was issued, 9 13 as well as any lienholders appearingthereonon the 9 14 certificate of title, of the cancellation and shall demand the 9 15 surrender of the certificate of title, but the cancellation 9 16 shall not affect the validity of any lien notedthereonon the 9 17 certificate of title. 9 189. If a commercial motor vehicle has been assigned to be9 19operated by a commercial motor carrier whose ability to9 20operate has been terminated or denied by a federal agency.9 2110.3. Notice of suspension or revocation of the 9 22 registration of a vehicle, registration card, registration 9 23 plate, or any nonresident or other permit under the terms of 9 24 this section shall be by personal delivery ofsaidthe notice 9 25 to the person to be so notified or by certified mail addressed 9 26 tosuchthe person at the person's address as shown on the 9 27 registration record.NoA return acknowledgmentshall beis 9 28 not necessary to prove such latter service. 9 29 If a vehicle, for which the registration has been suspended 9 30 or revoked pursuant to subsection4 of this section1, 9 31 paragraph "d", or section 321.101A, is transferred to a bona 9 32 fide purchaser for value without actual knowledge of such 9 33 suspension or revocation then the vehicle shall be deemed to 9 34 be registered and the provisions of sections 321.28 and 9 35 321.30, subsections 4 and 5, shall not be applicable to such 10 1 vehicle for the failure of the previous owner to pay the 10 2 required fees. 10 3 Sec. 13. NEW SECTION. 321.101A REVOCATION OF 10 4 REGISTRATION BY COUNTY TREASURER. 10 5 The county treasurer may revoke the registration and 10 6 registration plates of a vehicle if the registration fees are 10 7 paid by check and the check is not honored by the payer's 10 8 financial institution upon reasonable notice and demand. The 10 9 owner of the vehicle or person in possession of the 10 10 registration and registration plates for the vehicle shall 10 11 immediately return the revoked registration and registration 10 12 plates to the appropriate county treasurer's office. 10 13 Sec. 14. Section 321.123, subsection 2, Code Supplement 10 14 1999, is amended by striking the subsection. 10 15 Sec. 15. Section 321.454, Code 1999, is amended to read as 10 16 follows: 10 17 321.454 WIDTH OF VEHICLES. 10 18 The total outside width ofanya vehicle or the load on the 10 19 vehicle shall not exceedeight feet except that a motor home,10 20commercial motor vehicle, motor truck or trailer hauling grain10 21or livestock, travel trailer, fifth-wheel travel trailer, or10 22bus having a total outside width not exceedingeight feet six 10 23 inches, exclusive of safety equipment, is exempt from the10 24permit requirements of chapter 321E and may be operated on the10 25public highways of the state. However, if hay, straw, or 10 26 stover is moved onanyan implement of husbandry and the total 10 27 width of load of the implement of husbandry exceeds eight feet 10 28in widthsix inches, the implement of husbandry is not subject 10 29 to the permit requirements of chapter 321E. If hay, straw, or 10 30 stover is moved on any other vehicle subject to registration, 10 31 the moves are subject to the permit requirements for 10 32 transporting loads exceeding eight feet six inches in width as 10 33 required under chapter 321E. 10 34 Sec. 16. Section 321.457, subsection 2, paragraph f, Code 10 35 1999, is amended to read as follows: 11 1 f. A trailer or semitrailer, laden or unladen, shall not 11 2 have an overall length in excess of fifty-three feet when 11 3 operating in a truck tractor-semitrailer combination exclusive 11 4 of retractable extensions used to support the load. However, 11 5 when a trailer or semitrailer is used exclusively for the 11 6 transportation of passenger vehicles, light delivery trucks, 11 7 panel delivery trucks, pickup trucks, recreational vehicle 11 8 chassis, or boats, the load carried on the trailer or 11 9 semitrailer may extend up to three feet beyond the front 11 10 bumper and up to four feet beyond the rear bumper of the 11 11 trailer or semitrailer. A lowboy semitrailer, laden, or 11 12 unladen, which is designed and exclusively used for the 11 13 transportation of construction equipment shall not have an 11 14 overall length in excess of fifty-seven feet when used in a 11 15 truck tractor-semitrailer combination. 11 16 Sec. 17. Section 321.463, subsection 10, Code Supplement 11 17 1999, is amended to read as follows: 11 18 10. a. A person who operates a vehicle in violation of 11 19the provisions ofthis section, and an owner, or any other 11 20 person, employing or otherwise directing the operator of a 11 21 vehicle, who requires or knowingly permits the operation of a 11 22 vehicle in violation ofthe provisions ofthis section shall 11 23 be fined according to the following schedule: 11 24 AXLE, TANDEM AXLE, 11 25 AND GROUP OF AXLES 11 26 WEIGHT VIOLATIONS 11 27 Pounds Overloaded Amount of Fine 11 28 Up to and including$10 plus one-half cent11 29 1,000 poundsper pound$15 11 30 Over 1,000 pounds up to and$15 plus one-half cent11 31 including 2,000 poundsper pound$25 11 32 Over 2,000 pounds up to and$80 plus three cents11 33 including 3,000 poundsper pound$170 11 34 Over 3,000 pounds up to and$100 plus four cents11 35 including 4,000 poundsper pound$260 12 1 Over 4,000 pounds up to and$150 plus five cents12 2 including 5,000 poundsper pound$400 12 3 Over 5,000 pounds up to and$200 plus seven cents12 4 including 6,000 poundsper pound$620 12 5 Over 6,000 pounds up to and$200 plus ten cents12 6 including 7,000 poundsper pound$900 12 7 Over 7,000 pounds up to and $1,000 12 8 including 8,000 pounds 12 9 Over 8,000 pounds up to and $1,100 12 10 including 9,000 pounds 12 11 Over 9,000 pounds up to and $1,200 12 12 including 10,000 pounds 12 13 Over 10,000 pounds up to and $1,300 12 14 including 11,000 pounds 12 15 Over 11,000 pounds up to and $1,400 12 16 including 12,000 pounds 12 17 Over 12,000 pounds up to and $1,500 12 18 including 13,000 pounds 12 19 Over 13,000 pounds up to and $1,600 12 20 including 14,000 pounds 12 21 Over 14,000 pounds up to and $1,700 12 22 including 15,000 pounds 12 23 Over 15,000 pounds up to and $1,800 12 24 including 16,000 pounds 12 25 Over 16,000 pounds up to and $1,900 12 26 including 17,000 pounds 12 27 Over 17,000 pounds up to and $2,000 12 28 including 18,000 pounds 12 29 Over 18,000 pounds up to and $2,100 12 30 including 19,000 pounds 12 31 Over 19,000 pounds up to and $2,200 12 32 including 20,000 pounds 12 33 Over 20,000 pounds $2,200 plus ten cents per 12 34 pound in excess of 20,000 12 35 pounds 13 1 b. Fines for gross weight violations for vehicles or 13 2 combinations of vehicles shall be assessed at one-half of the 13 3 fine rate schedule for axle, tandem axle, and groups of axles 13 4 weight violations. 13 5 c. Except as otherwise provided, the amount of the fine to 13 6 be assessed shall be computed on the difference between the 13 7 actual weight and the maximum legal weight specified in this 13 8 sectionby applying the appropriate rate in the preceding13 9schedule for the total amount of overload. 13 10 d. The schedule of fines may be assessed in addition to 13 11 any other penalties provided for in this chapter. 13 12 Sec. 18. Section 321F.4, subsection 2, Code 1999, is 13 13 amended to read as follows: 13 14 2. A license is valid for two years, four years, or six 13 15 years and expires on the last day of the last month of the 13 16 two-year, four-year, or six-year period, as applicable. A 13 17 licensee shall have the month of expiration and the month 13 18 after the month of expiration to renew the license. A person 13 19 who fails to renew a license by the end of this time period 13 20 and desires to hold a license shall file a new license 13 21 application and pay the required fee. 13 22 Sec. 19. Section 321H.4, subsection 2, unnumbered 13 23 paragraph 1, Code 1999, is amended to read as follows: 13 24 Application for a license as an authorized vehicle recycler 13 25 shall be made to the department on forms provided by the 13 26 department. The application shall be accompanied by a fee of 13 27 seventy dollars for a two-year license, one hundred forty 13 28 dollars for a four-year license, or two hundred ten dollars 13 29 for a six-year license. The license shall be approved or 13 30 disapproved within thirty days after application for the 13 31 license. A license is valid for two years, four years, or six 13 32 years and expires on the last day of the last month of the 13 33 two-year, four-year, or six-year period, as applicable. A 13 34 licensee shall have the month of expiration and the month 13 35 after the month of expiration to renew the license. A person 14 1 who fails to renew a license by the end of this time period 14 2 and desires to hold a license shall file a new license 14 3 application and pay the required fee. A separate license 14 4 shall be obtained for each county in which an applicant 14 5 conducts operations. 14 6 Sec. 20. Section 322.7, subsection 4, Code 1999, is 14 7 amended to read as follows: 14 8 4. The motor vehicle dealer license provided for in this 14 9 chapter shall be renewed upon application in the form and 14 10 content prescribed by the department and upon payment of the 14 11 required fee. A licensee shall have the month of expiration 14 12 and the month after the month of expiration to renew the 14 13 license. A person who fails to renew a license by the end of 14 14 this time period and desires to hold a license shall file a 14 15 new license application and pay the required fee. 14 16 Sec. 21. Section 322.29, unnumbered paragraphs 1 and 4, 14 17 Code 1999, are amended to read as follows: 14 18 Application for license shall be made to the department by 14 19 a manufacturer, distributor, or wholesaler, in a form and 14 20 containing information as the department requires and shall be 14 21 accompanied by the required license fee.LicensesThe license 14 22 shall be granted or refused within thirty days after 14 23 application, and shall expire, unless sooner revoked or 14 24 suspended, on December 31 of the calendar year for whichthey14 25areit is granted. A licensee shall have the month of 14 26 December of the calendar year for which the license was 14 27 granted and the following month of January to renew the 14 28 license. A person who fails to renew a license by the end of 14 29 this time period and desires to hold a license shall file a 14 30 new license application and pay the required fee. 14 31AUpon payment of the license fee as provided in this 14 32 section, a person who rebuilds new completed motor vehicles by 14 33 fabricating, altering, adding, or replacing essential parts, 14 34 components, or equipment for the purpose of building an 14 35 ambulance, rescue vehicle,orfire vehicle, or towing or 15 1 recovery vehicle as defined in chapter 321 may be issued a 15 2 license as a wholesaler of new motor vehicles of the make and 15 3 model rebuilt without written authorization from the 15 4 manufacturer. 15 5 Sec. 22. Section 322B.4, Code 1999, is amended to read as 15 6 follows: 15 7 322B.4 LICENSE APPLICATION AND FEES. 15 8 Upon application and payment of a thirty-five dollar fee, a 15 9 person may be licensed as a manufacturer or distributor of 15 10 mobile homes. The application shall be in the form and shall 15 11 contain information as the department prescribes. The license 15 12 shall be granted or refused within thirty days after 15 13 application. The license expires, unless sooner revoked or 15 14 suspended by the department, on December 31 of the calendar 15 15 year for which the license was granted. A licensee shall have 15 16 the month of December of the calendar year for which the 15 17 license was granted and the following month of January to 15 18 renew the license. A person who fails to renew a license by 15 19 the end of this time period and desires to hold a license 15 20 shall file a new license application and pay the required fee. 15 21 Sec. 23. Section 322C.2, subsection 12, Code 1999, is 15 22 amended to read as follows: 15 23 12. "Travel trailer" means a vehicle without motive power 15 24 used or so manufactured or constructed as to permit its being 15 25 used as a conveyance upon the public streets and highways and 15 26 designed to permit the vehicle to be used as a place of human 15 27 habitation by one or more persons. The vehicle may be up to 15 28 eight feet six inches in width and its overall length shall 15 29 not exceed forty feet. 15 30 Sec. 24. Section 322C.4, subsection 2, Code 1999, is 15 31 amended to read as follows: 15 32 2. The license shall be granted or refused within thirty 15 33 days after application. A license is valid for a two-year, 15 34 four-year, or six-year period and expires, unless revoked or 15 35 suspended by the department, on the last day of the last month 16 1 of the two-year, four-year, or six-year period, as applicable. 16 2 A licensee shall have the month of expiration and the month 16 3 after the month of expiration to renew the license. A person 16 4 who fails to renew a license by the end of this time period 16 5 and desires to hold a license shall file a new license 16 6 application and pay the required fee. A separate license 16 7 shall be obtained for each county in which an applicant does 16 8 business as a travel trailer dealer. 16 9 Sec. 25. Section 322C.9, subsection 1, Code 1999, is 16 10 amended to read as follows: 16 11 1. Upon application and payment of a thirty-five-dollar 16 12 fee, a person may be licensed as a manufacturer or distributor 16 13 of travel trailers. The application shall be in the form and 16 14 shall contain information as the department prescribes. The 16 15 license shall be granted or refused within thirty days after 16 16 application. The license expires, unless sooner revoked or 16 17 suspended by the department, on December 31 of the calendar 16 18 year for which the license was granted. A licensee shall have 16 19 the month of December of the calendar year for which the 16 20 license was granted and the following month of January to 16 21 renew the license. A person who fails to renew a license by 16 22 the end of this time period and desires to hold a license 16 23 shall file a new license application and pay the required fee. 16 24 Sec. 26. Section 325A.3, Code 1999, is amended by adding 16 25 the following new subsection: 16 26 NEW SUBSECTION. 5. A motor carrier shall keep a permit or 16 27 certificate issued to the motor carrier under this section, or 16 28 a copy of such permit or certificate, in the vehicle being 16 29 operated by the motor carrier and shall show the permit or 16 30 certificate, or copy thereof, to any peace officer upon 16 31 request. 16 32 DIVISION II 16 33 MOTOR CARRIER AUTHORITY 16 34 Sec. 27. Section 325A.2, subsection 2, Code 1999, is 16 35 amended to read as follows: 17 1 2. A local authority, as defined in section 321.1, shall 17 2 not impose any regulations, including special registration or 17 3 inspection requirements, upon the operation of motor carriers 17 4 that are more restrictive than any of the provisions of this 17 5 chapter, or section 321.449 or 321.450. 17 6 Sec. 28. Section 325A.3, subsection 2, paragraph g, Code 17 7 1999, is amended by striking the paragraph. 17 8 Sec. 29. Section 325A.3, Code 1999, is amended by adding 17 9 the following new subsection: 17 10 NEW SUBSECTION. 6. The department may deny issuance of a 17 11 permit or certificate if the department determines that 17 12 evidence exists showing that the motor carrier cannot comply 17 13 with the requirements of this chapter or the rules adopted 17 14 pursuant to this chapter, including safety regulations and 17 15 financial fitness and insurance requirements. 17 16 Sec. 30. Section 325A.13, subsection 1, Code 1999, is 17 17 amended to read as follows: 17 18 1. It is unlawful for a charter carrier to transport 17 19 passengers by motor vehicle for hire from anypoint orplace 17 20 in this state to another place in this state irrespective of 17 21 the route or highway traversed, without first having obtained 17 22 a charter passenger certificate from the departmenta17 23certificate declaring that public convenience and necessity17 24require the operation. 17 25 Sec. 31. Section 325A.13, subsection 2, paragraphs a and 17 26 f, Code 1999, are amended to read as follows: 17 27 a. It is unlawful for a regular-route motor carrier of 17 28 passengers to transport passengers for hire upon the highways 17 29 of this state in intrastate commerce without first having 17 30 obtained from the department a regular-route passenger 17 31 certificate. The department shall issue a regular-route 17 32 passenger certificatewithout hearing, if the department finds 17 33 that the applicant is fit, willing, and able. 17 34 f. A regular-route motor carrier of passengers shall not 17 35 operate as a charter carrier in this state unless it possesses 18 1 a charter passenger certificateof convenience and necessity18 2to engage in the business of a charter carrier. 18 3 Sec. 32. Section 325A.13, subsection 2, Code 1999, is 18 4 amended by adding the following new paragraph after paragraph 18 5 f: 18 6 NEW PARAGRAPH. ff. A charter carrier shall not operate as 18 7 a regular-route passenger carrier in this state unless it 18 8 possesses a regular-route passenger certificate. 18 9 Sec. 33. Section 325A.16, Code 1999, is amended by 18 10 striking the section and inserting in lieu thereof the 18 11 following: 18 12 325A.16 HEARINGS. 18 13 A person whose application for a permit or certificate 18 14 under this chapter has been denied, or whose permit or 18 15 certificate has been suspended, may contest the decision under 18 16 chapter 17A and in accordance with rules adopted by the 18 17 department. The request for a hearing shall be in writing to 18 18 the director of the division of motor carrier services, state 18 19 department of transportation, at its office in the capital 18 20 city's metropolitan area. 18 21 Sec. 34. Section 325A.21, Code 1999, is amended to read as 18 22 follows: 18 23 325A.21 TRANSFERABILITY OF REGULAR ROUTE CERTIFICATE. 18 241. A certificate of convenience and necessity shall not be18 25sold, transferred, leased, or assigned and a contract or18 26agreement with reference to or affecting a certificate shall18 27not be entered into without the written approval of the18 28department. The department may request the department of18 29inspections and appeals to hold a hearing regarding the18 30transfer of the certificate. The state department of18 31transportation shall approve the sale, transfer, lease, or18 32assignment upon a finding by the department of inspections and18 33appeals that there has been continuous service under the18 34certificate for at least ninety days prior to the transfer,18 35that the transferee is fit, willing, and able to perform the19 1operations authorized by the certificate, and that the19 2transfer is consistent with the public interest. Pending19 3determination of an application filed with the department for19 4approval of a sale, transfer, lease, or assignment, the19 5department may grant temporary approval of the proposed19 6operation upon a finding of good cause.19 72.A regular-route passenger certificate shall not be 19 8 sold, transferred, leased, or assigned without the approval of 19 9 the department. The department shall approve the sale, 19 10 transfer, lease, or assignment if the person obtaining or 19 11 seeking to obtain ownership or control of a certificate is 19 12 found to be fit, willing, and able to perform the service 19 13 proposed. In determining the fitness of the person seeking 19 14 transfer of the certificate, the department shall consider 19 15 only the person's compliance with safety, financial fitness, 19 16 and insurance requirements. 19 17 Sec. 35. Sections 325A.14, 325A.15, 325A.17, 325A.18, 19 18 325A.19, and 325A.20, Code 1999, are repealed. 19 19 DIVISION III 19 20 MOTOR VEHICLE REGISTRATION AND TITLING SYSTEM REDESIGN 19 21 Sec. 36. Section 321.20, subsection 1, Code Supplement 19 22 1999, is amended to read as follows: 19 23 1. The full legal name; social security number or, if the 19 24 owner does not have a social security number but has a 19 25 passport, the passport number; driver's license number, 19 26 whether the license was issued by this state, another state, 19 27 another country, or is an international driver's license; date 19 28 of birth; bona fide residence; and mailing address of the 19 29 owner and, if the vehicle is being leased, of the lessee. If 19 30 the owner or lessee is a firm, association, or corporation, 19 31 the application shall contain the business address and federal 19 32 employer identification number of the owner or lessee. Up to 19 33 three owners' names may be listed on the application. 19 34 Sec. 37. Section 321.20, Code Supplement 1999, is amended 19 35 by adding the following new subsection: 20 1 NEW SUBSECTION. 6. If the vehicle is owned by a 20 2 nonresident but is subject to issuance of an Iowa certificate 20 3 of title or registration, the owner's nonresident address 20 4 shall be listed on the application along with the full legal 20 5 name; social security number or, if the owner does not have a 20 6 social security number but has a passport, the passport 20 7 number; driver's license number, whether the license was 20 8 issued by this state, another state, another country, or is an 20 9 international driver's license; date of birth; bona fide 20 10 residence; and mailing address of the primary user of the 20 11 vehicle. If the primary user is a firm, association, or 20 12 corporation, the application shall contain the business 20 13 address and federal employer identification number of the 20 14 owner. 20 15 Sec. 38. Section 321.20, Code Supplement 1999, is amended 20 16 by adding the following new unnumbered paragraph: 20 17 NEW UNNUMBERED PARAGRAPH. The department shall adopt rules 20 18 on the method for providing signatures for applications made 20 19 by electronic means. 20 20 Sec. 39. Section 321.24, unnumbered paragraphs 1, 3, and 20 21 6, Code Supplement 1999, are amended to read as follows: 20 22 Upon receipt of the application for title and payment of 20 23 the required fees for a motor vehicle, trailer, or 20 24 semitrailer, the county treasurer or the department shall, 20 25 when satisfied as to the application's genuineness and 20 26 regularity, and, in the case of a mobile home or manufactured 20 27 housing, that taxes are not owing under chapter 435, issue a 20 28 certificate of title and, except for a mobile home or 20 29 manufactured housing, a registration receipt, and shall file 20 30 the application, the manufacturer's or importer's certificate, 20 31 the certificate of title, or other evidence of ownership, as 20 32 prescribed by the department. The registration receipt shall 20 33 be delivered to the owner and shall contain upon its face the 20 34 date issued, the name and address of the owner, the 20 35 registration number assigned to the vehicle,the title number21 1assigned to the owner of the vehicle,the amount of the fee 21 2 paid, the amount of tax paid pursuant to section 423.7, the 21 3 type of fuel used, and a description of the vehicle as 21 4 determined by the department, and upon the reverse side a form 21 5 for notice of transfer of the vehicle. Up to three owners may 21 6 be listed on the registration receipt. 21 7 The certificate of title shall contain upon its face the 21 8 identical information required upon the face of the 21 9 registration receipt. In addition, the certificate of title 21 10 shall contain a statement of the owner's title, the title 21 11 number assigned to the owner or owners of the vehicle, the 21 12 amount of tax paid pursuant to section 423.7, the name and 21 13 address of the previous owner, and a statement of all security 21 14 interests and encumbrances as shown in the application, upon 21 15 the vehicle described, including the nature of the security 21 16 interest, date of notation, and name and address of the 21 17 secured party. 21 18 The certificate shall bear the seal of the county treasurer 21 19 or of the department, and the signature of the county 21 20 treasurer, the deputy county treasurer, or the department 21 21 director or deputy designee.The certificate shall provide21 22space for the signature of the owner. The owner shall sign21 23the certificate of title in the space provided with pen and21 24ink upon its receipt.The certificate of title shall contain 21 25 upon the reverse side a form for assignment of title or 21 26 interest and warranty by the owner, for reassignments by a 21 27 dealer licensed in this state or in another state if the state 21 28 in which the dealer is licensed permits Iowa licensed dealers 21 29 to similarly reassign certificates of title. Attached to the 21 30 certificate of title shall be an application for a new 21 31 certificate of title by the transferee as provided in this 21 32 chapter. However, titles for mobile homes or manufactured 21 33 housing shall not be reassigned by licensed dealers. All 21 34 certificates of title shall be typewritten or printed by other 21 35 mechanical means. Notwithstanding section 321.1, subsection 22 1 17, as used in this paragraph "dealer" means every person 22 2 engaged in the business of buying, selling, or exchanging 22 3 vehicles of a type required to be registered under this 22 4 chapter. 22 5 Sec. 40. Section 321.42, subsection 2, paragraphs a, b, 22 6 and d, Code Supplement 1999, are amended to read as follows: 22 7 a. If a certificate of title is lost or destroyed, the 22 8 owner or lienholder shall apply for acertifiedreplacement 22 9 copy of the original certificate of title. The owner or 22 10 lienholder of a motor vehicle may also apply for acertified22 11 replacement copy of the original certificate of titleas a22 12replacement for the original certificate of titleupon 22 13 surrender of the original certificate of title with the 22 14 application. The application shall be made to the department 22 15 or county treasurer who issued the original certificate of 22 16 title. The application shall be signed by the owner or 22 17 lienholder and accompanied by a fee of ten dollars. 22 18 b. After five days, the department or county treasurer 22 19 shall issue acertifiedreplacement copy to the applicant at 22 20 the applicant's most recent address, however, the five-day 22 21 waiting period does not apply to an applicant who has 22 22 surrendered the original certificate of title to the 22 23 department or county treasurer. Thecertifiedreplacement 22 24 copy shall be clearly marked"duplicate""replacement" and 22 25 shall be identical to the original, including notation of 22 26 liens or encumbrances. When acertifiedreplacement copy has 22 27 been issued, the previous certificate is void. 22 28 d. A new purchaser or transferee is entitled to receive an 22 29 original title upon presenting the assignedduplicate22 30 replacement copy to the treasurer of the county where the new 22 31 purchaser or transferee resides. At the time of purchase, a 22 32 purchaser may require the seller to indemnify the purchaser 22 33 and all future purchasers of the vehicle against any loss 22 34 which may be suffered due to claims on the original 22 35 certificate. A person recovering an original certificate of 23 1 title for which aduplicatereplacement has been issued shall 23 2 surrender the original certificate to the county treasurer or 23 3 the department. 23 4 Sec. 41. Section 321.50, subsection 1, Code Supplement 23 5 1999, is amended to read as follows: 23 6 1. A security interest in a vehicle subject to 23 7 registration under the laws of this state or a mobile home or 23 8 manufactured housing, except trailers whose empty weight is 23 9 two thousand pounds or less, and except new or used vehicles 23 10 held by a dealer or manufacturer as inventory for sale, is 23 11 perfected by the delivery to the county treasurer of the 23 12 county where the certificate of title was issued or, in the 23 13 case of a new certificate, to the county treasurer where the 23 14 certificate will be issued, of an application for certificate 23 15 of title which lists the security interest, or an application 23 16 for notation of security interest signed by the owner, or by 23 17 one owner of a vehicle owned jointly by more than one person, 23 18 or a certificate of title from another jurisdiction which 23 19 shows the security interest, and a fee of five dollars for 23 20 each security interest shown. Up to three security interests 23 21 may be perfected against a vehicle and shown on an Iowa 23 22 certificate of title. If the owner or secured party is in 23 23 possession of the certificate of title, it must also be 23 24 delivered at this time in order to perfect the security 23 25 interest. If a vehicle is subject to a security interest when 23 26 brought into this state, the validity of the security interest 23 27 and the date of perfection is determined by section 554.9103. 23 28 Delivery as provided in this subsection is an indication of a 23 29 security interest on a certificate of title for purposes of 23 30 chapter 554. 23 31 Sec. 42. Section 321.157, Code 1999, is amended to read as 23 32 follows: 23 33 321.157 SCHEDULE OF PRICES AND WEIGHTS. 23 34 1.EveryA manufacturer or importer of a motor vehicle 23 35 sold or offered for salewithinin this state, either by the 24 1 manufacturer, importer, distributor, dealer, or any other 24 2 person, shall file in the office of the department a sworn 24 3 statement showing the various models manufactured by the 24 4 manufacturer, importer, distributor, dealer, or other person, 24 5 and the retail list price and weight of each model 24 6 concurrently with a public announcement of such prices or 24 7 concurrently with notification of such prices to dealers 24 8 licensed to sell such motor vehicles under chapter 322, 24 9 whichever comes first. The manufacturer, importer, 24 10 distributor, dealer, or other person shall also make the same 24 11 report on subsequent new models manufactured. 24 12 2. In lieu of filing the sworn statement required under 24 13 subsection 1, a manufacturer or importer of a motor vehicle 24 14 sold or offered for sale in this state may electronically 24 15 provide the information required in subsection 1 to the 24 16 department, or, if the manufacturer or importer provides the 24 17 required information to a third-party vendor, the manufacturer 24 18 or importer shall make the required information available to 24 19 the department through the third-party vendor. 24 20 Sec. 43. Section 321.159, Code 1999, is amended by adding 24 21 the following new unnumbered paragraph: 24 22 NEW UNNUMBERED PARAGRAPH. For a current year model of a 24 23 motor vehicle for which the manufacturer or importer of the 24 24 motor vehicle has not provided the weight and list price, the 24 25 department shall set the annual registration fee at ten 24 26 dollars greater than the annual registration fee for the 24 27 previous year model. Once the manufacturer or importer 24 28 provides the required information, the information shall be 24 29 used to set the registration or registration renewal fee for 24 30 the succeeding registration or registration renewal time for 24 31 the motor vehicle. 24 32 EXPLANATION 24 33 This bill makes various changes in the Code relating to 24 34 motor vehicle registration and titling, motor vehicle dealer 24 35 licensing, motor vehicle enforcement, and motor carrier 25 1 authority. 25 2 The bill makes several changes to Code sections 321.20A, 25 3 321.25, 321.46, 321.52, and 321.89 relating to the times for 25 4 applying for motor vehicle registration, certificates of 25 5 title, and junking certificates, by extending the time period 25 6 from 15 to 30 days. 25 7 Code section 321.30, relating to grounds for refusing 25 8 vehicle registration or titling, is amended to direct the 25 9 state department of transportation or the county treasurer to 25 10 refuse registration of a vehicle unless the applicant has an 25 11 Iowa driver's license or the application is made by more than 25 12 one applicant and one of the applicants is at least 18 years 25 13 of age. An internal reference in the section is also 25 14 corrected due to the amendment of Code section 321.101 in the 25 15 bill. 25 16 Code section 321.50, relating to security interest 25 17 provisions on certificates of title, is amended to allow any 25 18 county to note the release of a lien by a lienholder on the 25 19 face of the certificate of title. Currently, a county in 25 20 which a certificate of title is presented for transfer is 25 21 required to notify the county of record of the release of a 25 22 lien. 25 23 The bill amends a provision in Code section 321.52, 25 24 relating to salvage theft examinations of vehicles by peace 25 25 officers, by increasing the fee paid by the owner of a vehicle 25 26 so examined from $30 to $75. The bill also provides that the 25 27 agency performing the examination shall retain $65 of the fee 25 28 rather than the current $20 retained. 25 29 The bill also amends Code section 321.58, relating to 25 30 applications for special dealer certificates and plates, to 25 31 eliminate a requirement that a licensed new motor vehicle 25 32 wholesaler furnish proof of written authorization from the 25 33 manufacture of the new motor vehicle of the person's status as 25 34 a wholesaler of the vehicle. 25 35 Code section 321.101 is amended to provide for technical 26 1 corrections in the section. Prior amendments to the Code 26 2 section added provisions in the incorrect order. The bill 26 3 corrects the order and makes minor grammatical changes. 26 4 New Code section 321.101A is created, permitting the county 26 5 treasurer to revoke the registration and registration plates 26 6 for a vehicle if the registration fees are paid by check and 26 7 the payer's financial institution dishonors the check. A 26 8 reference to the new Code section is added to a provision in 26 9 Code section 321.30 relating to when the state department of 26 10 transportation or county treasurer must refuse registration of 26 11 a vehicle. Similarly, a reference to the new Code section is 26 12 added to a provision in Code section 321.101 deeming 26 13 registration for vehicles transferred to bona fide purchasers 26 14 without actual knowledge of the suspension or revocation of 26 15 registration. 26 16 The bill strikes a provision in Code section 321.123 26 17 subjecting trailers and bulk spreaders, which are not self- 26 18 propelled having a gross weight of not more than 12 tons used 26 19 for the transportation of fertilizers and chemicals used for 26 20 farm crop production, to a registration fee of $5. The Code 26 21 section currently provides that all trailers except farm 26 22 trailers and mobile homes, unless otherwise provided, are 26 23 subject to a $10 registration fee. 26 24 Code section 321.454, relating to the width of vehicles 26 25 operated on the highways of this state, is amended to provide 26 26 that all vehicles operated on Iowa highways shall be allowed a 26 27 total outside width, exclusive of safety equipment, of eight 26 28 feet six inches. Currently, such width is limited to eight 26 29 feet, except for motor homes, commercial motor vehicles, motor 26 30 trucks and trailers hauling grain or livestock, travel 26 31 trailers, fifth wheel travel trailers, or buses, which are 26 32 allowed a width of eight feet six inches. A corresponding 26 33 change is made in the definition of "travel trailer" in Code 26 34 section 322C.2. 26 35 The bill also amends Code section 321.457, to provide that 27 1 the maximum length for a lowboy semitrailer, laden or unladen, 27 2 which is designed and exclusively used for the transportation 27 3 of construction equipment is 57 feet when used as a truck 27 4 tractor-semitrailer combination. 27 5 The bill revises the schedule of fines for violations of 27 6 the maximum gross weight restrictions on vehicles in Code 27 7 section 321.463. The fine schedule is expanded to include 27 8 specific fines for vehicles overloaded by more than 6,000 to 27 9 more than 20,000 pounds and provides for a set fine for each 27 10 level of violation, except overloading by more than 20,000 27 11 pounds, rather than a set fine for each level plus an 27 12 additional amount based on the number of pounds by which the 27 13 vehicle is overloaded. 27 14 The bill amends Code sections 321F.4, 321H.4, 322.7, 27 15 322.29, 322B.4, 322C.4, and 322C.9, relating to licenses for 27 16 the leasing of vehicles, authorized vehicle recycler licenses, 27 17 motor vehicle dealer licenses, motor vehicle manufacturer's, 27 18 distributor's, and wholesaler's licenses, mobile home 27 19 manufacturer's and distributor's licenses, travel trailer 27 20 dealer's licenses, and travel trailer manufacturer's and 27 21 distributor's licenses, respectively. The bill provides that 27 22 holders of such licenses shall have a one-month license 27 23 renewal grace period after expiration of the license. Persons 27 24 failing to renew their license within the grace period who 27 25 desire to hold a license are required to file a new license 27 26 application and pay the required fee. 27 27 Code section 322.29 is also amended to allow persons who 27 28 rebuild vehicles into ambulances, rescue vehicle, or fire 27 29 vehicles to be issued a license as a new motor vehicle 27 30 wholesaler without written authorization from the vehicle 27 31 manufacturer and to allow persons who rebuild vehicles into 27 32 towing or recovery vehicles, as newly defined by the bill in 27 33 Code section 321.1, to likewise obtain such license. 27 34 Code section 325A.3, relating to applications for and 27 35 issuance of motor carrier permits and certificates, is amended 28 1 by requiring a motor carrier to keep such permits or 28 2 certificates, or copies of such permits or certificates, in 28 3 the vehicle being operated by the motor carrier and to show 28 4 the permits, certificates, or copies to any peace officer upon 28 5 request. Persons violating this requirement would be subject 28 6 to a scheduled fine of $250 under Code section 805.8. 28 7 The bill also makes several changes in Code chapter 325A, 28 8 relating to motor carrier authority, which are necessary to 28 9 comply with federal legislation which preempted the ability of 28 10 states to regulate charter carriers in regard to rates, 28 11 routes, and service. The bill modifies a provision in Code 28 12 section 325A.2 prohibiting a local authority from imposing any 28 13 regulations upon the operation of motor carriers that are more 28 14 restrictive than those regulations in the Code, by including 28 15 within the prohibited regulations special registration or 28 16 inspection requirements. 28 17 Code section 325A.3 is amended by eliminating a requirement 28 18 that the application for a motor carrier permit or certificate 28 19 contain a sponsor certification of support statement provided 28 20 by charter carriers establishing a need for the proposed motor 28 21 carrier service. The bill also provides that the state 28 22 department of transportation may deny issuance of such a 28 23 permit or certificate if there is evidence the motor carrier 28 24 cannot comply with the requirements of Code chapter 325A or 28 25 the rules and regulations adopted pursuant to that chapter. 28 26 The bill changes the term for the certificate required to 28 27 be obtained by a charter carrier which transports passengers 28 28 pursuant to Code chapter 325A from a certificate of 28 29 convenience and necessity to a charter passenger certificate. 28 30 The bill amends Code section 325A.13, relating to 28 31 certificates for motor carriers of passengers, by prohibiting 28 32 a charter carrier of passengers from operating as a regular- 28 33 route passenger carrier unless it holds a regular-route 28 34 passenger certificate. Persons violating this provision would 28 35 be subject to a scheduled fine of $250 under Code section 29 1 805.8. 29 2 The bill repeals Code sections 325A.14, 325A.15, 325A.17, 29 3 325A.18, 325A.19, and 325A.20, relating to applications for 29 4 charter carrier or regular-route passenger certificates, 29 5 protests against such applications, uncontested application 29 6 procedure, granting of applications, payment of expenses for 29 7 hearings on contested applications, and review of decisions on 29 8 applications, respectively. 29 9 Code section 325A.16, providing for the adoption of rules 29 10 by the state department of transportation to establish the 29 11 procedure for filing motor carrier passenger certificate 29 12 applications and by the department of inspections and appeals 29 13 for the conduct of hearings regarding objections by other 29 14 persons to the issuance of a motor carrier certificate to an 29 15 applicant, is stricken. The stricken language is replaced 29 16 with language providing a procedure for persons whose 29 17 applications for permits or certificates under Code chapter 29 18 325A have been denied, or whose permits or certificates have 29 19 been suspended, to contest the decision. 29 20 The bill also amends Code section 325A.21, relating to the 29 21 transferability of certificates of convenience and necessity 29 22 and regular-route passenger certificates, by eliminating the 29 23 provisions relating to the transferability of certificates of 29 24 convenience and necessity (renamed charter passenger 29 25 certificates pursuant to the bill). 29 26 Division III of the bill makes several Code changes 29 27 relating to the redesign of the state department of 29 28 transportation's motor vehicle registration and titling 29 29 system. 29 30 Code section 321.20, relating to applications for motor 29 31 vehicle registration and certificate of title, is amended to 29 32 specify that the application must contain the owner's full 29 33 legal name rather than simply the owner's name; to require the 29 34 application to include certain information pertaining to any 29 35 lessee of the vehicle; and to allow up to three owners' names 30 1 to be listed on the application. Code section 321.20 is also 30 2 amended to provide that if the vehicle is owned by a 30 3 nonresident, the owner's nonresident address is to be listed 30 4 on the application along with certain information pertaining 30 5 to the primary user of the vehicle and to require the 30 6 department to adopt rules on the method for providing 30 7 applicants' signatures for applications made by electronic 30 8 means. 30 9 The bill amends Code section 321.24, relating to the 30 10 issuance of motor vehicle registrations and certificates of 30 11 title, to provide that up to three owners of a motor vehicle 30 12 may be listed on a registration receipt and certificate of 30 13 title and to require that the title number assigned to the 30 14 owner or owners of a vehicle appear only on the certificate of 30 15 title and not on the registration receipt. Code section 30 16 321.24 is also amended to eliminate requirements that a 30 17 certificate of title provide space for the signature of the 30 18 owner of the motor vehicle and that the owner sign the 30 19 certificate with pen and ink upon receipt of the certificate. 30 20 Several provisions in Code section 321.42, relating to lost 30 21 or destroyed certificates of title, are amended to provide 30 22 that the copy of the certificate issued by the department or 30 23 county treasurer shall be a replacement copy rather than a 30 24 certified copy and to provide that such copy shall be clearly 30 25 marked "replacement" rather than "duplicate". 30 26 The bill amends Code section 321.50, relating to security 30 27 interest provisions on certificates of title, to provide that 30 28 up to three security interests may be perfected against a 30 29 vehicle and shown on an Iowa certificate of title. 30 30 The bill also amends Code sections 321.157 and 321.159, 30 31 relating to schedules of prices and weights of various models 30 32 of motor vehicles sold or offered for sale in the state. The 30 33 bill provides that, in lieu of filing a sworn statement 30 34 showing the various models manufactured by the manufacturer, 30 35 importer, distributor, dealer, or other person, and the retail 31 1 list price and weight of each model, a manufacturer or 31 2 importer may electronically provide the information to the 31 3 department, or, if the manufacturer or importer provides the 31 4 required information to a third-party vendor, the manufacturer 31 5 or importer shall make the information available to the 31 6 department through the third-party vendor. The bill also 31 7 provides that, if a manufacturer or importer of a current year 31 8 model motor vehicle has not provided the weight and list price 31 9 of the motor vehicle, the department shall set the annual 31 10 registration fee at $10 greater than the fee for the previous 31 11 year model. Once the manufacturer or importer provides the 31 12 required information, the registration or renewal fee shall be 31 13 adjusted for the succeeding registration or renewal time. 31 14 LSB 5335DP 78 31 15 nh/cf/24.1
Text: SSB03029 Text: SSB03031 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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