Senate File 2156 - Enrolled
PAG LIN
1 1 SENATE FILE 2156
1 2
1 3 AN ACT
1 4 RELATING TO REGULATION OF COMMERCIAL MOTOR VEHICLE OPERATORS
1 5 BY THE STATE DEPARTMENT OF TRANSPORTATION AND PROVIDING
1 6 PENALTIES.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 321.1, subsection 11, Code 2007, is
1 11 amended by adding the following new paragraph:
1 12 NEW PARAGRAPH. f. "Employer" means any person, including
1 13 the United States, a state, the District of Columbia, or a
1 14 political subdivision of a state, who owns or leases a
1 15 commercial motor vehicle or assigns an employee to operate
1 16 such a vehicle.
1 17 Sec. 2. Section 321.1, subsection 11, paragraphs f, g, and
1 18 h, Code 2007, are amended to read as follows:
1 19 f. g. "Foreign jurisdiction" means a jurisdiction outside
1 20 the fifty United States, the District of Columbia, and Canada.
1 21 g. h. "Nonresident commercial driver's license" means a
1 22 commercial driver's license issued to a person who is not a
1 23 resident of the United States or Canada.
1 24 h. i. "Tank vehicle" means a commercial motor vehicle that
1 25 is designed to transport any liquid or gaseous materials
1 26 within a tank having a rated capacity of one thousand one or
1 27 more gallons that is either permanently or temporarily
1 28 attached to the vehicle or chassis. For purposes of this
1 29 paragraph, "tank" does not include a portable tank with a
1 30 rated capacity of less than one thousand gallons or a
1 31 permanent tank with a rated capacity of one hundred nineteen
1 32 gallons or less.
1 33 Sec. 3. Section 321.1, subsection 15, Code 2007, is
1 34 amended to read as follows:
1 35 15. "Conviction" means a final conviction, a final
2 1 administrative ruling or determination, or an unvacated
2 2 forfeiture of bail or collateral deposited to secure a
2 3 person's appearance in court.
2 4 Sec. 4. Section 321.1, subsection 42, paragraph a, Code
2 5 2007, is amended to read as follows:
2 6 a. "Motor vehicle" means a vehicle which is
2 7 self=propelled, but not including vehicles known as trackless
2 8 trolleys which are propelled by electric power obtained from
2 9 overhead trolley wires and are not operated upon rails.
2 10 Sec. 5. Section 321.208, subsection 1, paragraph d, Code
2 11 2007, is amended to read as follows:
2 12 d. Operating a commercial motor vehicle involved in a
2 13 fatal accident and being convicted of a moving traffic
2 14 violation that contributed to the fatality, or manslaughter or
2 15 vehicular homicide.
2 16 Sec. 6. Section 321.208, subsection 6, Code 2007, is
2 17 amended to read as follows:
2 18 6. A person is disqualified from operating a commercial
2 19 motor vehicle if the person receives convictions for
2 20 committing within any three=year period two or more of the
2 21 following offenses while operating a commercial motor vehicle
2 22 or while operating a noncommercial motor vehicle and holding a
2 23 commercial driver's license if the convictions result in the
2 24 revocation, cancellation, or suspension of the person's
2 25 commercial driver's license or noncommercial motor vehicle
2 26 driving privileges:
2 27 a. Operating a commercial motor vehicle upon a highway
2 28 when not issued a commercial driver's license.
2 29 b. Operating a commercial motor vehicle upon a highway
2 30 when not issued the proper class of commercial driver's
2 31 license or endorsements for the specific vehicle group being
2 32 operated or for the passengers or type of cargo being
2 33 transported.
2 34 c. Operating a commercial motor vehicle upon a highway
2 35 without immediate possession of a driver's license valid for
3 1 the vehicle operated.
3 2 d. Speeding fifteen miles per hour or more over the legal
3 3 speed limit.
3 4 e. Reckless driving.
3 5 f. Any violation of the traffic laws, except a parking
3 6 violation or a vehicle weight violation, which arises in
3 7 connection with a fatal traffic accident.
3 8 g. Following another motor vehicle too closely.
3 9 h. Improper lane changes in violation of section 321.306.
3 10 Sec. 7. Section 321.208, subsection 7, Code 2007, is
3 11 amended by striking the subsection.
3 12 Sec. 8. Section 321.208, subsection 8, Code 2007, is
3 13 amended to read as follows:
3 14 8. The period of disqualification under subsections
3 15 subsection 6 and 7 shall be sixty days for two offenses within
3 16 any three=year period and one hundred twenty days for three
3 17 offenses within any three=year period. Multiple periods of
3 18 disqualification shall be consecutive.
3 19 Sec. 9. Section 321.208, subsection 10, paragraph a, Code
3 20 2007, is amended to read as follows:
3 21 a. For ninety days no less than one hundred eighty days
3 22 and no more than one year upon conviction for the first
3 23 violation of an out=of=service order; for one year, no less
3 24 than two and not more than five years upon conviction for a
3 25 second violation of an out=of=service order in separate
3 26 incidents within a ten=year period; and for not less than
3 27 three and not more than five years upon conviction for a third
3 28 or subsequent violation of an out=of=service order in separate
3 29 incidents within a ten=year period.
3 30 Sec. 10. Section 321.208A, Code 2007, is amended to read
3 31 as follows:
3 32 321.208A OPERATION IN VIOLATION OF OUT=OF=SERVICE ORDER ==
3 33 PENALTY PENALTIES.
3 34 1. A person required to hold a commercial driver's license
3 35 to operate a commercial motor vehicle shall not operate a
4 1 commercial motor vehicle on the highways of this state in
4 2 violation of an out=of=service order issued by a peace officer
4 3 for a violation of the out=of=service rules adopted by the
4 4 department. A driver who violates an out=of=service order
4 5 shall be subject to a fine of not less than two thousand five
4 6 hundred dollars upon conviction for the first violation of an
4 7 out=of=service order and not less than five thousand dollars
4 8 for a second or subsequent violation of an out=of=service
4 9 order in separate incidents within a ten=year period.
4 10 2. An employer shall not knowingly allow, require, permit,
4 11 or authorize an employee to drive a commercial motor vehicle
4 12 in violation of such an out=of=service order. A person who
4 13 violates this section shall be subject to a scheduled fine of
4 14 one hundred dollars under section 805.8A, subsection 13,
4 15 paragraph "c". An employer who violates this subsection shall
4 16 be subject to a fine of not less than two thousand seven
4 17 hundred fifty dollars and not more than twenty=five thousand
4 18 dollars.
4 19 Sec. 11. NEW SECTION. 321.343A EMPLOYER VIOLATIONS ==
4 20 PENALTY.
4 21 An employer shall not knowingly allow, require, permit, or
4 22 authorize a driver to operate a commercial motor vehicle in
4 23 violation of section 321.341 or 321.343 or any other federal
4 24 or local law or regulation pertaining to railroad grade
4 25 crossings. An employer who violates this section shall be
4 26 subject to a fine of not more than ten thousand dollars.
4 27 Sec. 12. Section 321.344A, subsection 2, Code 2007, is
4 28 amended to read as follows:
4 29 2. A peace officer may initiate an investigation not more
4 30 than seven calendar days after receiving a report of a
4 31 violation pursuant to this section. The peace officer may
4 32 request that the owner of the vehicle supply information
4 33 identifying the driver of the vehicle in accordance with
4 34 section 321.484, or in the case of a commercial motor vehicle,
4 35 the peace officer may request that the employer of the driver
5 1 provide information identifying the driver of the vehicle.
5 2 a. If from the investigation, the peace officer is able to
5 3 identify the driver of the vehicle and has reasonable cause to
5 4 believe a violation has occurred, the peace officer shall
5 5 prepare a uniform traffic citation for the violation and shall
5 6 serve it personally or by certified mail on the driver of the
5 7 vehicle.
5 8 b. If, from the investigation, the peace officer has
5 9 reasonable cause to believe that a violation occurred but is
5 10 unable to identify the driver, the peace officer shall serve a
5 11 uniform traffic citation for the violation on the owner of the
5 12 motor vehicle or, in the case of a commercial motor vehicle,
5 13 on the employer of the driver. Notwithstanding section
5 14 321.484, in a proceeding where the peace officer who conducted
5 15 the investigation was not able to identify the driver of the
5 16 motor vehicle, proof that the motor vehicle described in the
5 17 uniform traffic citation was used to commit the violation of
5 18 section 321.341, 321.342, 321.343, or 321.344, together with
5 19 proof that the defendant named in the citation was the owner
5 20 of the motor vehicle or, in the case of a commercial motor
5 21 vehicle, the employer of the driver, at the time the violation
5 22 occurred, constitutes a permissible inference that the owner
5 23 or employer was the driver person who committed the violation.
5 24 c. For purposes of this subsection, "owner" means a person
5 25 who holds the legal title to a motor vehicle; however, if the
5 26 motor vehicle is the subject of a security agreement with a
5 27 right of possession in the debtor, the debtor shall be deemed
5 28 the owner for purposes of this subsection, or if the motor
5 29 vehicle is leased as defined in section 321.493, the lessee
5 30 shall be deemed the owner for purposes of this subsection.
5 31 Sec. 13. Section 805.8A, subsection 13, paragraph c, Code
5 32 2007, is amended to read as follows:
5 33 c. For violations under sections 321.208A, 321.364,
5 34 321.450, 321.460, and 452A.52, the scheduled fine is one
5 35 hundred dollars.
6 1
6 2
6 3
6 4 JOHN P. KIBBIE
6 5 President of the Senate
6 6
6 7
6 8
6 9 PATRICK J. MURPHY
6 10 Speaker of the House
6 11
6 12 I hereby certify that this bill originated in the Senate and
6 13 is known as Senate File 2156, Eighty=second General Assembly.
6 14
6 15
6 16
6 17 MICHAEL E. MARSHALL
6 18 Secretary of the Senate
6 19 Approved , 2008
6 20
6 21
6 22
6 23 CHESTER J. CULVER
6 24 Governor