House File 772 H-1389 Amend the amendment, H-1212, to House File 772, as follows: 1 1. Page 1, before line 2 by inserting: 2 < 1. Page 1, line 3, by striking < In > and inserting < Subject 3 to subsection 4, in >> 4 2. Page 1, line 4, by striking < lines 10 and 11 > and 5 inserting < line 10 > 6 3. Page 1, after line 10 by inserting: 7 < ___. Page 1, after line 28 by inserting: 8 < 4. This section shall not apply if the civil action 9 involving a commercial motor vehicle arises from an incident 10 for which the employer’s employee is convicted under section 11 321J.2 or violates 49 C.F.R. §392.4 or 49 C.F.R. §392.5. 12 5. As used in this section, unless the context otherwise 13 requires: 14 a. “Convicted” means convicted of an indictable offense and 15 includes a guilty plea or other finding of guilt by a court of 16 competent jurisdiction. 17 b. “Operation” means actual physical control of a commercial 18 motor vehicle upon a highway as defined in section 321.1. > 19 ___. Page 2, line 4, after < action > by inserting < involving 20 the operation of a commercial motor vehicle >> 21 4. Page 1, after line 11 by inserting: 22 < ___. Page 2, after line 9 by inserting: 23 < 3. This section shall not apply if the civil action 24 involving a commercial motor vehicle arises from an incident 25 for which the driver is convicted under section 321J.2 or 26 violates 49 C.F.R. §392.4 or 49 C.F.R. §392.5. 27 4. As used in this section, unless the context otherwise 28 requires: 29 a. “Convicted” means convicted of an indictable offense and 30 includes a guilty plea or other finding of guilt by a court of 31 competent jurisdiction. 32 b. “Operation” means actual physical control of a commercial 33 motor vehicle upon a highway as defined in section 321.1. >> 34 5. By renumbering as necessary. 35 -1- H 1212.2000 (2) 89 cm/jh 1/ 2 #1. #2. #3. #4.