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