Text: SSB01045 Text: SSB01047 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.1, subsection 20A, unnumbered 1 2 paragraph 1, Code 2001, is amended to read as follows: 1 3 "Driver's license" means any license or permit issued to a 1 4 person to operate a motor vehicle on the highways of this 1 5 state, including but not limited to a temporary restricted or 1 6 temporary license and an instruction, chauffeur's instruction, 1 7 commercial driver's instruction,temporary restricted,or 1 8 temporary permit. 1 9 Sec. 2. NEW SECTION. 321.56 REPAIR OF OUT-OF-STATE 1 10 COMMERCIAL MOTOR VEHICLES – PERMITS 1 11 1. The operator of a commercial motor vehicle which is not 1 12 registered within the state as required pursuant to chapter 1 13 321 or 326 or which does not have an interstate fuel permit, 1 14 as required under chapter 452A, may enter the state and travel 1 15 to a commercial vehicle dealer or repair facility and exit the 1 16 state under the following circumstances: 1 17 a. If the commercial motor vehicle is entering the state 1 18 solely for the purposes of maintenance and repair to the 1 19 commercial motor vehicle and is exiting the state after having 1 20 completed vehicle maintenance or repair. 1 21 b. If the operator has obtained a temporary entry or exit 1 22 permit from the department. 1 23 c. If the commercial motor vehicle is unladen. 1 24 2. The department shall provide a temporary entry and exit 1 25 permit to a commercial motor vehicle operator which authorizes 1 26 the operator to enter and exit the state as allowed under this 1 27 section. Any operator of a commercial motor vehicle who has 1 28 in the operator's possession the permit allowing entry into 1 29 the state and exit from the state, shall not be charged with a 1 30 registration violation under chapter 321 or 326 or with a 1 31 motor vehicle fuel tax violation under chapter 452A, except 1 32 for violations of section 452A.74A. 1 33 3. For purposes of this section "commercial motor vehicle" 1 34 means as defined in section 321.1, subsection 11, paragraph 1 35 "e", subparagraph (2). 2 1 Sec. 3. Section 321.213A, Code 2001, is amended to read as 2 2 follows: 2 3 321.213A LICENSE SUSPENSION FOR JUVENILES ADJUDICATED 2 4 DELINQUENT FOR CERTAIN DRUG OR ALCOHOL OFFENSES. 2 5 Upon the entering of a dispositional order under section 2 6 232.52, subsection 2, paragraph "a", the clerk of the juvenile 2 7 court shall forward a copy of the adjudication and the 2 8 dispositional order suspending or revoking the driver's 2 9 license or operating privileges of the juvenile to the 2 10 department. The department shall suspend the license or 2 11 operating privilege of the child for one year. The child may 2 12 receive a temporary restricted licenseor permit, if eligible, 2 13 as provided in section 321.215. 2 14 Sec. 4. Section 321.215, subsections 2 through 4, Code 2 15 2001, are amended to read as follows: 2 16 2. Upon conviction and the suspension or revocation of a 2 17 person's noncommercial driver's license under section 321.209, 2 18 subsection 5 or 6; section 321.210; 321.210A; or 321.513; or 2 19 upon revocation pursuant to a court order issued under section 2 20 901.5, subsection 10; or upon the denial of issuance of a 2 21 noncommercial driver's license under section 321.560, based 2 22 solely on offenses enumerated in section 321.555, subsection 2 23 1, paragraph "c", or section 321.555, subsection 2; or a 2 24 juvenile, whose license has been suspended or revoked pursuant 2 25 to a dispositional order under section 232.52, subsection 2, 2 26 paragraph "a", for a violation of chapter 124 or 453B, or 2 27 section 126.3, a person may petition the district court having 2 28 jurisdiction for the residence of the person for a temporary 2 29 restrictedpermitlicense to operate a motor vehicle for the 2 30 limited purpose or purposes specified in subsection 1. The 2 31 petition shall include a current certified copy of the 2 32 petitioner's official driving record issued by the department. 2 33 The application may be granted only if all of the following 2 34 criteria are satisfied: 2 35 a. The temporary restrictedpermitlicense is requested 3 1 only for a case of extreme hardship or compelling 3 2 circumstances where alternative means of transportation do not 3 3 exist. 3 4 b. Thepermitlicense applicant has not made an 3 5 application for a temporary restrictedpermitlicense in any 3 6 district court in the state which was denied. 3 7 c. The temporary restrictedpermitlicense is restricted 3 8 to the limited purpose or purposes specified in subsection 1 3 9 at times specified in thepermitlicense. 3 10 d. Proof of financial responsibility is established as 3 11 defined in chapter 321A. However, such proof is not required 3 12 if the driver's license was suspended under section 321.210A 3 13 or 321.513 or revoked pursuant to a court order issued under 3 14 section 901.5, subsection 10. 3 15 If the district court determines that a temporary 3 16 restricted license is necessary, the court shall order the 3 17 department to issue a temporary restricted license to the 3 18 applicant. Thedistrictcourt shall forward a record of each 3 19 application forsucha temporary restrictedpermitlicense to 3 20 the department, together with the results of the disposition 3 21 of the request by the court.A temporary restricted permit is3 22valid only if the department is in receipt of records required3 23by this section.3 24 3. The temporary restricted licenseor permitshall be 3 25 canceled upon conviction of a moving traffic violation or upon 3 26 a violation of a term of the licenseor permit. A "moving 3 27 traffic violation" does not include a parking violation as 3 28 defined in section 321.210. 3 29 4. The temporary restricted licenseor permitis not valid 3 30 to operate a commercial motor vehicle if a commercial driver's 3 31 license is required for the person's operation of the 3 32 commercial motor vehicle. 3 33 Sec. 5. Section 321.446, subsection 3, Code 2001, is 3 34 amended to read as follows: 3 35 3. This section does not apply to peace officers acting on 4 1 official duty. This section also does not apply to the 4 2 transportation of children in 1965 model year or older 4 3 vehicles, authorized emergency vehicles,orbuses, or motor 4 4 homes, except when a child is transported in a motor home's 4 5 passenger seat situated directly to the driver's right. This 4 6 section does not apply to the transportation of a child who 4 7 has been certified by a physician licensed under chapter 148, 4 8 150, or 150A as having a medical, physical, or mental 4 9 conditionwhichthat prevents or makes inadvisable securing 4 10 the child in a child restraint system, safety belt, or safety 4 11 harness. 4 12 Sec. 6. Section 321.560, subsection 1, paragraphs a and b, 4 13 Code 2001, are amended to read as follows: 4 14 a. A temporary restrictedpermitlicense may be issued 4 15 pursuant to section 321.215, subsection 2, to a person 4 16 declared to be a habitual offender under section 321.555, 4 17 subsection 1, paragraph "c". 4 18 b. A temporary restrictedpermitlicense may be issued 4 19 pursuant to section 321J.4, subsection 9, to a person declared 4 20 to be a habitual offender due to a combination of the offenses 4 21 listed under section 321.555, subsection 1, paragraph "b" or 4 22 "c". 4 23 Sec. 7. Sec. 321.561, Code 2001, is amended to read as 4 24 follows: 4 25 321.561 PUNISHMENT FOR VIOLATION. 4 26 It shall be unlawful for any person found to be a habitual 4 27 offender to operate any motor vehicle in this state during the 4 28 period of time specified in section 321.560 except for a 4 29 habitual offender who has been granted a temporary restricted 4 30permitlicense pursuant to section 321.215, subsection 2. A 4 31 person violating this section commits an aggravated 4 32 misdemeanor. 4 33 Sec. 8. Section 321A.14, Code 2001, is amended to read as 4 34 follows: 4 35 321A.14 SUSPENSION TO CONTINUE UNTIL JUDGMENTS PAID AND 5 1 PROOF GIVEN. 5 2SuchA license, registration, and nonresident's operating 5 3 privilege shall remainsosuspended under section 321A.13, and 5 4 shall not be renewed, nor shall any such license or 5 5 registration bethereaftersubsequently issued in the name of 5 6suchthe person, including anysuchperson not previously 5 7 licensed,unless anduntil everysuchjudgment is satisfied in 5 8 full or to the extent hereinafter provided,and until the said5 9 or until evidence is provided, to the satisfaction of the 5 10 department, that the judgment has not been renewed and is no 5 11 longer enforceable. A persongiveswhose license, 5 12 registration, or nonresident's operating privilege was 5 13 suspended under section 321A.13 must provide proof to the 5 14 department of financial responsibility subject to the 5 15 exemptions stated in sections 321A.13 and 321A.16 prior to 5 16 obtaining a license, registration, or nonresident operating 5 17 privilege. 5 18 Sec. 9. Section 321J.1, subsection 7, Code 2001, is 5 19 amended to read as follows: 5 20 7. "Driver's license" means any license or permit issued 5 21 to a person to operate a motor vehicle on the highways of this 5 22 state, including but not limited to a driver's, commercial 5 23 driver's, temporary restricted, or temporary license and an 5 24 instruction, chauffeur's instruction, commercial driver's 5 25 instruction,temporary restricted,or temporary permit. 5 26 Sec. 10. Section 321M.1, subsection 7, Code 2001, is 5 27 amended to read as follows: 5 28 7. "Driver's license" means any license or permit issued 5 29 to a person to operate a motor vehicle on the highways of this 5 30 state, including but not limited to a driver's, commercial 5 31 driver's, temporary restricted, or temporary license and an 5 32 instruction, chauffeur's instruction, commercial driver's 5 33 instruction,temporary restricted,or temporary permit. 5 34 Sec. 11. Section 325A.1, Code 2001, is amended by adding 5 35 the following new subsection: 6 1 NEW SUBSECTION. 0A. "Bulk liquid commodities" means 6 2 liquid commodities or compressed gases transported in a 6 3 vehicle having a total cargo tank shell capacity of more than 6 4 two thousand gallons. 6 5 Sec. 12. Section 325A.1, subsections 8 and 9, Code 2001, 6 6 are amended to read as follows: 6 7 8. "Motor carrier of bulk liquid commodities" means a 6 8 person engaged in the transportation, for hire, of bulk liquid 6 9 commoditiesor compressed gases in bulkuponanya highway in 6 10 this state. 6 11 9. "Motor carrier of property" means a person engaged in 6 12 the transportation, for hire, of property by motor vehicle 6 13 including a carrier transporting liquid commodities or 6 14 compressed gases in a vehicle having a total cargo tank shell 6 15 capacity of two thousand gallons or less. 6 16 Sec. 13. Section 325A.3, subsection 2, paragraph f, Code 6 17 2001, is amended to read as follows: 6 18 f. A financial statement completed by motor carriers of 6 19 bulk liquid commodities or passengers from which the 6 20 department can determine the financial fitness of the 6 21 applicant to engage in the transport of bulk liquid 6 22 commodities or passengers. 6 23 Sec. 14. Section 325A.3, subsection 4, Code 2001, is 6 24 amended to read as follows: 6 25 4. Motor carriers of bulk liquid commodities or passengers 6 26 shall complete a motor carrier safety education seminar 6 27 provided by or approved by the department. This seminar must 6 28 be completed within six months of the permit or certificate 6 29 issuance. 6 30 Sec. 15. Section 307.31, Code 2001, is repealed. 6 31 EXPLANATION 6 32 This bill makes several corrective transportation-related 6 33 Code changes. The bill amends the provisions in Code section 6 34 321.215 relating to the issuance of a temporary restricted 6 35 permit to a person whose driver's license was suspended or 7 1 revoked for certain types of driving or other violations. To 7 2 agree with current practices of the state department of 7 3 transportation, the bill replaces references to temporary 7 4 restricted permits throughout Code section 321.215 and other 7 5 Code sections with references to temporary restricted 7 6 licenses. The bill also specifies that if a district court 7 7 determines that an applicant needs a temporary restricted 7 8 license for a purpose specified in Code section 321.215, the 7 9 court shall order the department to issue the applicant a 7 10 license. The current Code language directs the court to 7 11 forward a record of application for a permit and the court's 7 12 disposition of the request to the department and states that a 7 13 permit is valid if the department receives such records. 7 14 The bill moves a provision relating to the issuance of 7 15 temporary entry and exit permits for purposes of maintenance 7 16 or repair to operators of commercial motor vehicles that are 7 17 not registered in Iowa by repealing current Code section 7 18 307.31 and creating new Code section 321.56. 7 19 The bill amends the child restraint device provisions in 7 20 Code section 321.446 to make the child restraint device 7 21 requirements inapplicable to the transportation of children in 7 22 buses. Currently, the requirements are inapplicable to the 7 23 transportation of children in 1965 model year or older 7 24 vehicles, authorized emergency vehicles, and motor homes, 7 25 except when a child is transported in the front passenger seat 7 26 of a motor home. 7 27 Code section 321A.14 is amended to provide that the 7 28 suspension or denial of renewal or issuance of a person's 7 29 driver's license, vehicle registration, or nonresident 7 30 operating privilege for nonpayment of a judgment shall not 7 31 continue if the state department of transportation receives 7 32 evidence that the judgment has not been renewed and is no 7 33 longer enforceable. Currently, a person's license, 7 34 registration, or operating privilege is to remain suspended 7 35 and not be renewed, nor thereafter issued in the name of the 8 1 person, until every such judgment is satisfied in full or to 8 2 the extent provided in Code chapter 321A. Code chapter 321A 8 3 applies only to those judgments arising out of the ownership, 8 4 maintenance, or use of a motor vehicle. 8 5 The bill also defines bulk liquid commodities as liquid 8 6 commodities or compressed gases transported in a vehicle 8 7 having a total cargo tank shell capacity of more than 2,000 8 8 gallons for purposes of Code chapter 325A, relating to motor 8 9 carrier authority. Currently, Code section 325A.3 requires a 8 10 motor carrier of liquid commodities or compressed gases in 8 11 bulk to include in the carrier's application for a motor 8 12 carrier permit or certificate a financial statement showing 8 13 the carrier's financial fitness to engage in such activity. 8 14 Code section 325A.3 also currently requires motor carriers of 8 15 liquid commodities or compressed gases in bulk to complete a 8 16 motor carrier safety education seminar. The bill makes these 8 17 two requirements applicable to motor carriers of bulk liquid 8 18 commodities, as defined by the bill to include only vehicles 8 19 with a capacity of more than 2,000 gallons, rather than to all 8 20 motor carriers of liquid commodities or compressed gases in 8 21 bulk. 8 22 LSB 1076DP 79 8 23 nh/pj/5 8 24
Text: SSB01045 Text: SSB01047 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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