CHAPTER 520
REGULATIONS APPLICABLE TO CARRIERS
[Prior to 6/3/87, Transportation Department[820]—(07,F) Ch 8]
761—520.1(321) Safety and hazardous materials regulations.
	520.1(1) Regulations.
	a. 	Motor carrier safety regulations. The Iowa department of transportation adopts the Federal Motor Carrier Safety Regulations, 49 CFR Parts 385 and 390-399 (October 1, 2007).
	b. 	Hazardous materials regulations. The Iowa department of transportation adopts the Federal Hazardous Materials Regulations, 49 CFR Parts 107, 171-173, 177, 178, and 180 (October 1, 2007).
	c. 	Copies of regulations. Copies of the federal regulations may be reviewed at the state law library or through the Internet at http://www.fmcsa.dot.gov.
	520.1(2) Carriers subject to regulations.
	a. 	Operators of commercial vehicles, as defined in Iowa Code section 321.1, are subject to the Federal Motor Carrier Safety Regulations adopted in this rule unless exempted under Iowa Code section 321.449.
	b. 	Operators of vehicles transporting hazardous materials in commerce are subject to the Federal Hazardous Materials Regulations adopted in this rule unless exempted under Iowa Code section 321.450.
	c. 	Operators of vehicles for hire, designed to transport 7 or more persons, but fewer than 16, including the driver, must comply with 49 CFR Part 395 of the Federal Motor Carrier Safety Regulations. In addition, operators of vehicles for hire designed to transport 7 or more persons, but fewer than 16, including the driver, are not exempt from logbook requirements afforded the 100-air-mile radius driver under 49 CFR 395.1(e). However, the provisions of 49 CFR Part 395 shall not apply to vehicles offered to the public for hire that are used principally in intracity operation and are regulated by local authorities.
	520.1(3) Declaration of knowledge of regulations. Operators of commercial vehicles who are subject to the regulations adopted in this rule shall at the time of application for authority to operate in Iowa or upon receipt of their Iowa registration declare knowledge of the Federal Motor Carrier Safety Regulations and Federal Hazardous Materials Regulations adopted in this rule.
This rule is intended to implement Iowa Code sections 321.1, 321.449 and 321.450.
761—520.2(321) Definitions. The following definitions apply to the regulations adopted in rule 761—520.1(321):
“Any requirements which impose any restrictions upon a person” as used in Iowa Code section 321.449(6) means the requirements in 49 CFR Parts 391 and 395.
“Driver age qualifications” as used in Iowa Code section 321.449(3) means the age qualifications in 49 CFR 391.11(b)(1).
“Driver qualifications” as used in Iowa Code section 321.449(2) means the driver qualifications in 49 CFR Part 391.
“Farm customer” as used in Iowa Code section 321.450, unnumbered paragraph 3, means a retail consumer residing on a farm or in a rural area or city with a population of 3000 or less.
“Gasoline” as used in Iowa Code section 321.450, first unnumbered paragraph, means leaded gasolines, no-lead gasolines, ethanol and ethanol-blended gasolines, aviation gasolines, number 1 and number 2 fuel oils, diesel fuels, aviation jet fuels and kerosene.
“Hours of service” as used in Iowa Code section 321.449(2) means the hours of service requirements in 49 CFR Part 395.
“Record-keeping requirements” as used in Iowa Code section 321.449(2) means the record-keeping requirements in 49 CFR Part 395.
“Rules adopted under this section concerning physical and medical qualifications” as used in Iowa Code section 321.449(5) and Iowa Code section 321.450, unnumbered paragraph 2, means the regulations in 49 CFR 391.11(b)(4) and 49 CFR Part 391, Subpart E.
“Rules adopted under this section for a driver of a commercial vehicle” as used in Iowa Code section 321.449(4) means the regulations in 49 CFR Parts 391 and 395.
This rule is intended to implement Iowa Code sections 321.449 and 321.450.
761—520.3(321) Motor carrier safety regulations exemptions.
	520.3(1) The following intrastate vehicle operations are exempt from the motor carrier safety regulations concerning inspection in 49 CFR Part 396.17 as adopted in rule 761—520.1(321):
	a. 	Implements of husbandry including nurse tanks as defined in Iowa Code section 321.1.
	b. 	Special mobile equipment (SME) as defined in Iowa Code section 321.1.
	c. 	Unregistered farm trailers as defined in 761—subrule 400.1(3), pursuant to Iowa Code section 321.123.
	d. 	Motor vehicles registered for a gross weight of five tons or less when used by retail dealers or their employees to deliver hazardous materials, fertilizers, petroleum products and pesticides to farm customers.
	520.3(2) Reserved.
This rule is intended to implement Iowa Code sections 321.1, 321.123, 321.449 and 321.450.
761—520.4(321) Hazardous materials exemptions. These exemptions apply to the regulations adopted in rule 761—520.1(321):
	520.4(1) Pursuant to Iowa Code section 321.450, unnumbered paragraph 3, “retail dealers of fertilizers, petroleum products, and pesticides and their employees while delivering fertilizers, petroleum products and pesticides to farm customers within a 100-air-mile radius of their retail place of business” are exempt from 49 CFR 177.804; and, pursuant to Iowa Code section 321.449(4), they are exempt from 49 CFR Parts 391 and 395. However, pursuant to Iowa Code section 321.449, the retail dealers and their employees under the specified conditions are subject to the regulations in 49 CFR Parts 390, 392, 393, 396 and 397.
	520.4(2) Rescinded IAB 3/10/99, effective 4/14/99.
This rule is intended to implement Iowa Code section 321.450.
761—520.5(321) Safety fitness.
	520.5(1) New motor carrier safety audits. Peace officers in the office of motor vehicle enforcement of the Iowa department of transportation shall perform safety audits of new motor carriers and shall have the authority to enter a motor carrier’s place of business for the purpose of performing these audits. These audits shall be performed in compliance with 49 CFR Part 385 and shall be completed within 18 months from the day the motor carrier commences business.
	520.5(2) Motor carrier compliance reviews. Peace officers in the office of motor vehicle enforcement of the Iowa department of transportation shall perform compliance reviews of motor carriers and shall have the authority to enter a motor carrier’s place of business for the purpose of performing these compliance reviews. These compliance reviews shall be performed in compliance with 49 CFR Part 385.
This rule is intended to implement Iowa Code sections 321.449 and 321.450.
761—520.6(321) Out-of-service order. A person shall not operate a commercial vehicle or transport hazardous material in violation of an out-of-service order issued by an Iowa peace officer. An out-of-service order for noncompliance shall be issued when either the vehicle operator is not qualified to operate the vehicle or the vehicle is unsafe to be operated until required repairs are made. The out-of-service order shall be consistent with the North American Uniform Out-of-Service Criteria.
This rule is intended to implement Iowa Code sections 321.3, 321.208A, 321.449, and 321.450.
761—520.7(321) Driver’s statement. A “driver” as used in Iowa Code section 321.449(5) and Iowa Code section 321.450, unnumbered paragraph 2, shall carry at all times a notarized statement of employment. The statement shall include the following:
	1.	The driver’s name, address and social security number;
	2.	The name, address and telephone number of the driver’s pre-July 29, 1996, employer;
	3.	A statement, signed by the pre-July 29, 1996, employer or the employer’s authorized representative, that the driver was employed to operate a commercial vehicle only in Iowa; and
	4.	A statement showing the driver’s physical or medical condition existed prior to July 29, 1996.
This rule is intended to implement Iowa Code sections 321.449 and 321.450.
761—520.8(321) Agricultural operations. The provisions of 49 CFR Part 395.3 shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in Iowa if such transportation:
	1.	Is limited to an area within a 100-air-mile radius from the source of the commodities or the distribution point from the farm supplies, and
	2.	Is conducted only during the time frames of March 15 through June 30 and October 4 through December 14.
This rule is intended to implement Iowa Code sections 321.449 and 321.450.
[Filed emergency 7/18/85—published 8/14/85, effective 7/19/85]
[Filed emergency 11/20/86—published 12/17/86, effective 11/21/86]
[Filed 2/6/87, Notice 12/17/86—published 2/25/87, effective 4/1/87]
[Filed 5/11/87, Notice 3/11/87—published 6/3/87, effective 7/8/87]
[Filed emergency 5/29/87—published 6/17/87, effective 6/1/87]
[Filed emergency 7/22/87—published 8/12/87, effective 7/22/87]
[Filed 10/23/87, Notices 6/17/87, 8/12/87—published 11/18/87, effective 1/1/88]
[Filed emergency 3/30/88—published 4/20/88, effective 4/1/88]
[Filed 6/22/88, Notice 4/20/88—published 7/13/88, effective 8/17/88]
[Filed emergency 9/21/89—published 10/18/89, effective 9/21/89]
[Filed 11/30/89, Notice 10/18/89—published 12/27/89, effective 1/31/90]
[Filed 6/7/90, Notice 3/21/90—published 6/27/90, effective 8/1/90]
[Filed emergency 8/8/90—published 9/5/90, effective 8/10/90]
[Filed emergency 10/24/90—published 11/14/90, effective 10/24/90]
[Filed 11/7/90, Notice 9/5/90—published 11/28/90, effective 1/2/91]
[Filed 5/9/91, Notices 11/14/90, 2/20/91—published 5/29/91, effective 7/3/91]
[Filed 7/3/91, Notice 5/15/91—published 7/24/91, effective 8/28/91]
[Filed 8/26/92, Notice 7/22/92—published 9/16/92, effective 10/21/92]1
[Filed 6/2/93, Notice 4/28/93—published 6/23/93, effective 7/28/93]
[Filed emergency 7/13/93—published 8/4/93, effective 7/13/93]
[Filed 9/8/94, Notice 8/3/94—published 9/28/94, effective 11/2/94]
[Filed 8/17/95, Notice 7/5/95—published 9/13/95, effective 10/18/95]
[Filed 5/1/96, Notice 3/27/96—published 5/22/96, effective 6/26/96]
[Filed 1/16/97, Notice 12/4/96—published 2/12/97, effective 3/19/97]
[Filed 5/22/97, Notice 4/9/97—published 6/18/97, effective 7/23/97]
[Filed 4/9/98, Notice 2/25/98—published 5/6/98, effective 6/10/98]
[Filed 2/10/99, Notice 12/30/98—published 3/10/99, effective 4/14/99]
[Filed 6/16/00, Notice 4/19/00—published 7/12/00, effective 8/16/00]
[Filed 4/11/01, Notice 3/7/01—published 5/2/01, effective 6/6/01]
[Filed 3/13/02, Notice 2/6/02—published 4/3/02, effective 5/8/02]
[Filed 3/26/03, Notice 2/5/03—published 4/16/03, effective 5/21/03]
[Filed 9/24/03, Notice 8/20/03—published 10/15/03, effective 11/19/03]
[Filed 3/10/04, Notice 2/4/04—published 3/31/04, effective 5/5/04]
[Filed 3/9/05, Notice 2/2/05—published 3/30/05, effective 5/4/05]
[Filed 12/13/05, Notice 10/26/05—published 1/4/06, effective 2/8/06]
[Filed 2/21/07, Notice 1/17/07—published 3/14/07, effective 4/18/07]
[Filed 5/14/08, Notice 4/9/08—published 6/4/08, effective 7/9/08]
1	Effective date of 520.1(1)“a” and “b”; rescission of 520.1(2)“b”; and 520.3 delayed until adjournment of the 1993 Regular Session of the General Assembly by the Administrative Rules Review Committee at its meeting held October 14, 1992; delay lifted by the Committee November 10, 1992.