Text: SF00349 Text: SF00351 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 350 1 2 1 3 AN ACT 1 4 MAKING TRANSPORTATION-RELATED CODE CHANGES RELATING TO 1 5 TEMPORARY RESTRICTED PERMITS AND TEMPORARY ENTRY AND EXIT 1 6 PERMITS, COMMERCIAL VEHICLE CERTIFICATES OF TITLE, FLAT 1 7 REGISTRATION FEES FOR OLDER VEHICLES, RAILROAD CROSSINGS, THE 1 8 CONTENT OF DRIVER'S LICENSES AND NONOPERATOR'S IDENTIFICATION 1 9 CARDS, CHILD RESTRAINT DEVICES IN MOTOR VEHICLES, HOURS OF 1 10 SERVICE, UNSATISFIED JUDGMENTS, AND BULK LIQUID TRANSPORT, 1 11 AND PROVIDING AN EFFECTIVE DATE. 1 12 1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 14 1 15 Section 1. Section 321.1, subsection 20A, unnumbered 1 16 paragraph 1, Code 2001, is amended to read as follows: 1 17 "Driver's license" means any license or permit issued to a 1 18 person to operate a motor vehicle on the highways of this 1 19 state, including but not limited to a temporary restricted or 1 20 temporary license and an instruction, chauffeur's instruction, 1 21 commercial driver's instruction,temporary restricted,or 1 22 temporary permit. 1 23 Sec. 2. Section 321.20A, Code 2001, is amended to read as 1 24 follows: 1 25 321.20A CERTIFICATE OF TITLE – COMMERCIAL VEHICLES. 1 26 1. Notwithstanding other provisions of this chapter, the 1 27 owner of a commercial vehicle subject to the proportional 1 28 registration provisions of chapter 326 may make application to 1 29 the department or the appropriate county treasurer for a 1 30 certificate of title. The application for certificate of 1 31 title shall be made within thirty days of purchase or transfer 1 32 and shall be accompanied by a ten dollar title fee and the 1 33 appropriate use tax. The department or the county treasurer 1 34 shall deliver the certificate of title to the owner if no 1 35 security interest or encumbrance appears on the certificate or 2 1 to the person holding the first security interest or 2 2 encumbrance shown on the certificate of title. 2 3 2.A commercial vehicleAn owner of a commercial vehicle 2 4 subject to the proportional registration provisions of chapter 2 5 326 who has a fleet of more than fifty commercial vehicles and 2 6 who is issued a certificate of title under this section shall 2 7 not be subject to registration fees until the commercial 2 8 vehicle is driven or moved upon the highways. The 2 9 registration fee due shall be prorated for the remaining 2 10 unexpired months of the registration year. Ownership of the 2 11 commercial vehicle shall not be transferred until registration 2 12 fees have been paid to the department. 2 133. This section shall apply to owners with fleets of more2 14than fifty commercial vehicles based in Iowa under the2 15proportional registration provisions of chapter 326. The2 16original certificate of title shall be delivered to the owner2 17if no security interest or encumbrance appears on the2 18certificate; otherwise, the certificate of title shall be2 19delivered by the department to the person holding the first2 20security interest or encumbrance as shown on the certificate2 21of title.2 22 Sec. 3. NEW SECTION. 321.56 REPAIR OF OUT-OF-STATE 2 23 COMMERCIAL MOTOR VEHICLES – PERMITS. 2 24 1. The operator of a commercial motor vehicle which is not 2 25 registered within the state as required pursuant to chapter 2 26 321 or 326 or which does not have an interstate fuel permit, 2 27 as required under chapter 452A, may enter the state and travel 2 28 to a commercial vehicle dealer or repair facility and exit the 2 29 state under the following circumstances: 2 30 a. If the commercial motor vehicle is entering the state 2 31 solely for the purposes of maintenance and repair to the 2 32 commercial motor vehicle and is exiting the state after having 2 33 completed vehicle maintenance or repair. 2 34 b. If the operator has obtained a temporary entry or exit 2 35 permit from the department. 3 1 c. If the commercial motor vehicle is unladen. 3 2 2. The department shall provide a temporary entry and exit 3 3 permit to a commercial motor vehicle operator which authorizes 3 4 the operator to enter and exit the state as allowed under this 3 5 section. Any operator of a commercial motor vehicle who has 3 6 in the operator's possession the permit allowing entry into 3 7 the state and exit from the state, shall not be charged with a 3 8 registration violation under chapter 321 or 326 or with a 3 9 motor vehicle fuel tax violation under chapter 452A, except 3 10 for violations of section 452A.74A. 3 11 3. For purposes of this section "commercial motor vehicle" 3 12 means as defined in section 321.1, subsection 11, paragraph 3 13 "e", subparagraph (2). 3 14 Sec. 4. Section 321.113, Code 2001, is amended to read as 3 15 follows: 3 16 321.113 AUTOMATIC REDUCTION. 3 17 1. The registration fee for a motor vehicle shall not be 3 18 automatically reduced under this section unless the 3 19 registration fee is based on the value and weight of the motor 3 20 vehicle as provided in section 321.109, subsection 1. 3 21 2.AfterIf a motor vehicle is more than five model years 3 22 old,thatthe part of the registration feewhichthat is based 3 23 on the value of the vehicle shall be:3 24Seventy-fiveseventy-five percent of the rate as fixed when 3 25 the motor vehicle was new;. 3 26 3.AfterIf a motor vehicle is more than six model years 3 27 old, the part of the registration fee that is based on the 3 28 value of the vehicle shall be fifty percent;of the rate as 3 29 fixed when the motor vehicle was new. 3 30After a motor vehicle is more than eight model years old,3 31that part of the registration fee based on the value of the3 32vehicle shall be ten percent. Where the ninth registration3 33fee for a motor vehicle has been computed and fixed by the3 34department prior to July 4, 1949, there shall be added to the3 35registration fee, in lieu of the ten percent provided for4 1herein, one dollar if such registration fee has been computed4 2and fixed at fifteen dollars or less and two dollars if the4 3registration fee has been computed and fixed at more than4 4fifteen dollars.4 5 4. If a 1994 model year or newer motor vehicle is nine 4 6 model years old or older the registration fee is thirty-five 4 7 dollars. For purposes of determining the portion of the 4 8 registration fee under this subsection that is based upon the 4 9 value of the motor vehicle, sixty percent of the registration 4 10 fee is attributable to the value of the vehicle. 4 11 5. a. If a 1993 model year or older motor vehicle has 4 12 been titled in the same person's name since the vehicle was 4 13 new or the title to the vehicle was transferred prior to 4 14 January 1, 2002, the part of the registration fee that is 4 15 based on the value of the vehicle shall be ten percent of the 4 16 rate as fixed when the motor vehicle was new. 4 17 b. If the title of a 1993 or older motor vehicle is 4 18 transferred to a new owner or if such a motor vehicle is 4 19 brought into the state on or after January 1, 2002, the 4 20 registration fee shall not be based on the weight and list 4 21 price of the motor vehicle, but shall be as follows: 4 22 (1) For a motor vehicle that is model year 1969 4 23 or older: 4 24 .................................................. $ 16.00 4 25 (2) For a motor vehicle that is model year 1970 4 26 through 1989: 4 27 .................................................. $ 23.00 4 28 (3) For a motor vehicle that is model year 1990 4 29 through 1993: 4 30 .................................................. $ 27.00 4 31 For purposes of determining the portion of the registration 4 32 fee under this paragraph "b" that is based upon the value of 4 33 the motor vehicle, sixty percent of the registration fee is 4 34 attributable to the value of the vehicle. 4 35 Sec. 5. Section 321.189, subsection 6, Code 2001, is 5 1 amended to read as follows: 5 2 6. LICENSES ISSUED TO PERSONS UNDER AGE TWENTY-ONE. A 5 3 driver's license issued to a person under eighteen years of 5 4 age shallbe identical in form tocontain the same information 5 5 as any other driver's license except that the words "under 5 6 eighteen" shall appear prominently on the face of the license. 5 7 A driver's license issued to a person eighteen years of age or 5 8 older but less than twenty-one years of age shallbe identical5 9in form tocontain the same information as any other driver's 5 10 license except that the words "under twenty-one" shall appear 5 11 prominently on the face of the license. Upon attaining the 5 12 age of eighteen or upon attaining the age of twenty-one, and 5 13 upon payment of a one dollar fee, the person shall be entitled 5 14 to a new driver's license or nonoperator's identification card 5 15 for the unexpired months of the driver's license or card. An 5 16 instruction permit or intermediate license issued under 5 17 section 321.180B, subsection 1 or 2, shall include a 5 18 distinctive color bar. An intermediate license issued under 5 19 section 321.180B, subsection 2, shall include the words 5 20 "intermediate license" printed prominently on the face of the 5 21 license. 5 22 Sec. 6. Section 321.190, subsection 1, paragraph b, Code 5 23 2001, is amended to read as follows: 5 24 b. The department shall not issue a card to a person 5 25 holding a driver's license. However, a card may be issued to 5 26 a person holding a temporary permit under section 321.181. 5 27 The card shall be identical in form to a driver's license 5 28 issued under section 321.189 except the word "nonoperator" 5 29 shall appear prominently on the face of the card. A 5 30 nonoperator's identification card issued to a person under 5 31 eighteen years of age shallbe identical in form tocontain 5 32 the same information as any other nonoperator's identification 5 33 card except that the words "under eighteen" shall appear 5 34 prominently on the face of the card. A nonoperator's 5 35 identification card issued to a person eighteen years of age 6 1 or older but under twenty-one years of age shallbe identical6 2in form tocontain the same information as any other 6 3 nonoperator's identification card except that the words "under 6 4 twenty-one" shall appear prominently on the face of the card. 6 5 Sec. 7. Section 321.208, Code 2001, is amended by adding 6 6 the following new subsection: 6 7 NEW SUBSECTION. 6A. A person is disqualified from 6 8 operating a commercial motor vehicle if the person is 6 9 convicted of a first, second, or third railroad crossing at 6 10 grade violation as follows: 6 11 a. A person is disqualified from operating a commercial 6 12 motor vehicle for sixty days if the person is convicted of a 6 13 first railroad crossing at grade violation under section 6 14 321.343 and the violation occurred while the person was 6 15 operating a commercial motor vehicle. 6 16 b. A person is disqualified from operating a commercial 6 17 motor vehicle for one hundred twenty days if the person is 6 18 convicted of a second railroad crossing at grade violation 6 19 under section 321.343, the violation occurred while the person 6 20 was operating a commercial motor vehicle, and the violation 6 21 occurred within three years after a first such violation. 6 22 c. A person is disqualified from operating a commercial 6 23 motor vehicle for one year if the person is convicted of a 6 24 third or subsequent railroad crossing at grade violation under 6 25 section 321.343, the violation occurred while the person was 6 26 operating a commercial motor vehicle, and the violation 6 27 occurred within three years after a first such violation. 6 28 Sec. 8. Section 321.213A, Code 2001, is amended to read as 6 29 follows: 6 30 321.213A LICENSE SUSPENSION FOR JUVENILES ADJUDICATED 6 31 DELINQUENT FOR CERTAIN DRUG OR ALCOHOL OFFENSES. 6 32 Upon the entering of a dispositional order under section 6 33 232.52, subsection 2, paragraph "a", the clerk of the juvenile 6 34 court shall forward a copy of the adjudication and the 6 35 dispositional order suspending or revoking the driver's 7 1 license or operating privileges of the juvenile to the 7 2 department. The department shall suspend the license or 7 3 operating privilege of the child for one year. The child may 7 4 receive a temporary restricted licenseor permit, if eligible, 7 5 as provided in section 321.215. 7 6 Sec. 9. Section 321.215, subsections 2 through 4, Code 7 7 2001, are amended to read as follows: 7 8 2. Upon conviction and the suspension or revocation of a 7 9 person's noncommercial driver's license under section 321.209, 7 10 subsection 5 or 6; section 321.210; 321.210A; or 321.513; or 7 11 upon revocation pursuant to a court order issued under section 7 12 901.5, subsection 10; or upon the denial of issuance of a 7 13 noncommercial driver's license under section 321.560, based 7 14 solely on offenses enumerated in section 321.555, subsection 7 15 1, paragraph "c", or section 321.555, subsection 2; or a 7 16 juvenile, whose license has been suspended or revoked pursuant 7 17 to a dispositional order under section 232.52, subsection 2, 7 18 paragraph "a", for a violation of chapter 124 or 453B, or 7 19 section 126.3, a person may petition the district court having 7 20 jurisdiction for the residence of the person for a temporary 7 21 restrictedpermitlicense to operate a motor vehicle for the 7 22 limited purpose or purposes specified in subsection 1. The 7 23 petition shall include a current certified copy of the 7 24 petitioner's official driving record issued by the department. 7 25 The application may be granted only if all of the following 7 26 criteria are satisfied: 7 27 a. The temporary restrictedpermitlicense is requested 7 28 only for a case of extreme hardship or compelling 7 29 circumstances where alternative means of transportation do not 7 30 exist. 7 31 b. Thepermitlicense applicant has not made an 7 32 application for a temporary restrictedpermitlicense in any 7 33 district court in the state which was denied. 7 34 c. The temporary restrictedpermitlicense is restricted 7 35 to the limited purpose or purposes specified in subsection 1 8 1 at times specified in thepermitlicense. 8 2 d. Proof of financial responsibility is established as 8 3 defined in chapter 321A. However, such proof is not required 8 4 if the driver's license was suspended under section 321.210A 8 5 or 321.513 or revoked pursuant to a court order issued under 8 6 section 901.5, subsection 10. 8 7 If the district court determines that a temporary 8 8 restricted license is necessary, the court shall order the 8 9 department to issue a temporary restricted license to the 8 10 applicant. Thedistrictcourt shall forward a record of each 8 11 application forsucha temporary restrictedpermitlicense to 8 12 the department, together with the results of the disposition 8 13 of the request by the court.A temporary restricted permit is8 14valid only if the department is in receipt of records required8 15by this section.8 16 3. The temporary restricted licenseor permitshall be 8 17 canceled upon conviction of a moving traffic violation or upon 8 18 a violation of a term of the licenseor permit. A "moving 8 19 traffic violation" does not include a parking violation as 8 20 defined in section 321.210. 8 21 4. The temporary restricted licenseor permitis not valid 8 22 to operate a commercial motor vehicle if a commercial driver's 8 23 license is required for the person's operation of the 8 24 commercial motor vehicle. 8 25 Sec. 10. Section 321.343, Code 2001, is amended to read as 8 26 follows: 8 27 321.343 CERTAIN VEHICLES MUST STOP. 8 28 1. The driver of a motor vehicle carrying passengers for 8 29 hire, a school bus, or a vehicle carrying hazardous material 8 30 and required to stop before crossing a railroad track by motor 8 31 carrier safety rules adopted under section 321.449, before 8 32 crossing at grade any track of a railroad, shall stop the 8 33 vehicle within fifty feet but not less than fifteen feet from 8 34 the nearest rail. While stopped, the driver shall listen and 8 35 look in both directions for an approaching train, and for 9 1 signals indicating the approach of a train, and shall not 9 2 proceed until the driver can do so safely. 9 3 2. The driver of a commercial motor vehicle shall comply 9 4 with all of the following provisions that apply to the driver: 9 5 a. If the driver is not always required to stop at a 9 6 railroad crossing, slow down when approaching the crossing and 9 7 check that the railroad tracks are clear of an approaching 9 8 train before proceeding. 9 9 b. If the driver is not always required to stop at a 9 10 railroad crossing, stop before reaching the crossing if the 9 11 railroad tracks are not clear. 9 12 c. Refrain from proceeding through a railroad crossing if 9 13 sufficient space is not available to drive completely through 9 14 the crossing without stopping. 9 15 d. Obey a traffic-control device or the directions of an 9 16 enforcement official at a railroad crossing. 9 17 e. Have sufficient undercarriage clearance before 9 18 negotiating a railroad crossing. 9 19 3. No stop need be made at a crossing where a peace 9 20 officer or a traffic-control device directs traffic to 9 21 proceed. No stop need be made at a crossing designated by an 9 22 "exempt" sign. An "exempt" sign shall be posted only where 9 23 the tracks have been partially removed on either side of the 9 24 roadway. 9 25 Sec. 11. Section 321.446, subsection 3, Code 2001, is 9 26 amended to read as follows: 9 27 3. This section does not apply to peace officers acting on 9 28 official duty. This section also does not apply to the 9 29 transportation of children in 1965 model year or older 9 30 vehicles, authorized emergency vehicles,orbuses, or motor 9 31 homes, except when a child is transported in a motor home's 9 32 passenger seat situated directly to the driver's right. This 9 33 section does not apply to the transportation of a child who 9 34 has been certified by a physician licensed under chapter 148, 9 35 150, or 150A as having a medical, physical, or mental 10 1 conditionwhichthat prevents or makes inadvisable securing 10 2 the child in a child restraint system, safety belt, or safety 10 3 harness. 10 4 Sec. 12. Section 321.449, subsection 1, unnumbered 10 5 paragraph 2, Code 2001, is amended to read as follows: 10 6 The department shall also adopt rules concerning hours of 10 7 service for drivers of vehicles operated for hire and designed 10 8 to transportmore than eightseven or more persons, including 10 9 the driver. The rules shall not apply to vehicles offered to 10 10 the public for hire that are used principally in intracity 10 11 operation and that are regulated by local authorities pursuant 10 12 to section 321.236. 10 13 Sec. 13. Section 321.560, subsection 1, paragraphs a and 10 14 b, Code 2001, are amended to read as follows: 10 15 a. A temporary restrictedpermitlicense may be issued 10 16 pursuant to section 321.215, subsection 2, to a person 10 17 declared to be a habitual offender under section 321.555, 10 18 subsection 1, paragraph "c". 10 19 b. A temporary restrictedpermitlicense may be issued 10 20 pursuant to section 321J.4, subsection 9, to a person declared 10 21 to be a habitual offender due to a combination of the offenses 10 22 listed under section 321.555, subsection 1, paragraph "b" or 10 23 "c". 10 24 Sec. 14. Section 321.561, Code 2001, is amended to read as 10 25 follows: 10 26 321.561 PUNISHMENT FOR VIOLATION. 10 27 It shall be unlawful for any person found to be a habitual 10 28 offender to operate any motor vehicle in this state during the 10 29 period of time specified in section 321.560 except for a 10 30 habitual offender who has been granted a temporary restricted 10 31permitlicense pursuant to section 321.215, subsection 2. A 10 32 person violating this section commits an aggravated 10 33 misdemeanor. 10 34 Sec. 15. Section 321A.14, Code 2001, is amended to read as 10 35 follows: 11 1 321A.14 SUSPENSION TO CONTINUE UNTIL JUDGMENTS PAID AND 11 2 PROOF GIVEN. 11 3SuchA license, registration, and nonresident's operating 11 4 privilege shall remainsosuspended under section 321A.13, and 11 5 shall not be renewed, nor shall any such license or 11 6 registration bethereaftersubsequently issued in the name of 11 7suchthe person, including anysuchperson not previously 11 8 licensed,unless anduntil everysuchjudgment is satisfied in 11 9 full or to the extent hereinafter provided,and until the said11 10 or until evidence is provided, to the satisfaction of the 11 11 department, that the judgment has not been renewed and is no 11 12 longer enforceable. A persongiveswhose license, 11 13 registration, or nonresident's operating privilege was 11 14 suspended under section 321A.13 must provide proof to the 11 15 department of financial responsibility subject to the 11 16 exemptions stated in sections 321A.13 and 321A.16 prior to 11 17 obtaining a license, registration, or nonresident operating 11 18 privilege. 11 19 Sec. 16. Section 321J.1, subsection 7, Code 2001, is 11 20 amended to read as follows: 11 21 7. "Driver's license" means any license or permit issued 11 22 to a person to operate a motor vehicle on the highways of this 11 23 state, including but not limited to a driver's, commercial 11 24 driver's, temporary restricted, or temporary license and an 11 25 instruction, chauffeur's instruction, commercial driver's 11 26 instruction,temporary restricted,or temporary permit. 11 27 Sec. 17. Section 321M.1, subsection 7, Code 2001, is 11 28 amended to read as follows: 11 29 7. "Driver's license" means any license or permit issued 11 30 to a person to operate a motor vehicle on the highways of this 11 31 state, including but not limited to a driver's, commercial 11 32 driver's, temporary restricted, or temporary license and an 11 33 instruction, chauffeur's instruction, commercial driver's 11 34 instruction,temporary restricted,or temporary permit. 11 35 Sec. 18. Section 325A.1, Code 2001, is amended by adding 12 1 the following new subsection: 12 2 NEW SUBSECTION. 0A. "Bulk liquid commodities" means 12 3 liquid commodities or compressed gases transported in a 12 4 vehicle having a total cargo tank shell capacity of more than 12 5 two thousand gallons. 12 6 Sec. 19. Section 325A.1, subsections 8 and 9, Code 2001, 12 7 are amended to read as follows: 12 8 8. "Motor carrier of bulk liquid commodities" means a 12 9 person engaged in the transportation, for hire, of bulk liquid 12 10 commoditiesor compressed gases in bulkuponanya highway in 12 11 this state. 12 12 9. "Motor carrier of property" means a person engaged in 12 13 the transportation, for hire, of property by motor vehicle 12 14 including a carrier transporting liquid commodities or 12 15 compressed gases in a vehicle having a total cargo tank shell 12 16 capacity of two thousand gallons or less. 12 17 Sec. 20. Section 325A.3, subsection 2, paragraph f, Code 12 18 2001, is amended to read as follows: 12 19 f. A financial statement completed by motor carriers of 12 20 bulk liquid commodities or passengers from which the 12 21 department can determine the financial fitness of the 12 22 applicant to engage in the transport of bulk liquid 12 23 commodities or passengers. 12 24 Sec. 21. Section 325A.3, subsection 4, Code 2001, is 12 25 amended to read as follows: 12 26 4. Motor carriers of bulk liquid commodities or passengers 12 27 shall complete a motor carrier safety education seminar 12 28 provided by or approved by the department. This seminar must 12 29 be completed within six months of the permit or certificate 12 30 issuance. 12 31 Sec. 22. Section 422.9, subsection 2, paragraph g, Code 12 32 2001, is amended by striking the paragraph and inserting in 12 33 lieu thereof: 12 34 g. To the extent not otherwise included pursuant to 12 35 section 164 of the Internal Revenue Code, add the amount of 13 1 the annual registration fee paid for a motor vehicle pursuant 13 2 to section 321.113, subsection 4, or section 321.113, 13 3 subsection 5, paragraph "b", which is based upon the value of 13 4 the vehicle. For purposes of this paragraph, sixty percent of 13 5 the amount of the registration fee is based upon the value of 13 6 the motor vehicle. 13 7 Sec. 23. Section 307.31, Code 2001, is repealed. 13 8 Sec. 24. EFFECTIVE DATE. Sections 4 and 22 of this Act, 13 9 amending sections 321.113 and 422.9, take effect January 1, 13 10 2002. 13 11 13 12 13 13 13 14 MARY E. KRAMER 13 15 President of the Senate 13 16 13 17 13 18 13 19 BRENT SIEGRIST 13 20 Speaker of the House 13 21 13 22 I hereby certify that this bill originated in the Senate and 13 23 is known as Senate File 350, Seventy-ninth General Assembly. 13 24 13 25 13 26 13 27 MICHAEL E. MARSHALL 13 28 Secretary of the Senate 13 29 Approved , 2001 13 30 13 31 13 32 13 33 THOMAS J. VILSACK 13 34 Governor
Text: SF00349 Text: SF00351 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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