SF 355 (LSB 1290SV (7) 85)

RELATING TO THE REGULATION OF VEHICLES OF EXCESSIVE SIZE AND WEIGHT, ESTABLISHING FEES, AND PROVIDING PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.473, Code 2013, is amended to read as follows:
   321.473  Limiting trucks —— rubbish vehicles
 
Limitations on trucks by local authorities.
   1.  Local authorities with respect to highways under their jurisdiction may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or may impose limitations as to the weight thereof, on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.
   2.  The department may issue annual special permits for the operation of compacted rubbish vehicles and vehicles which transport compacted rubbish from a rubbish collection point to a landfill area, exceeding the weight limitation of section 321.463, but not exceeding a rear axle gross weight for two-axle vehicles of twenty-two thousand pounds for the period commencing July 1, 1978 and ending June 30, 1986 and twenty thousand pounds commencing July 1, 1986 and thereafter, and for tandem axle vehicles or transferable auxiliary axle vehicles not exceeding a gross weight on the rear axles of thirty-six thousand pounds. Annual special permits for the operation on secondary roads shall be approved by the county engineer. Annual special permits for a particular vehicle shall not be issued by the department unless prior approval is given by the county engineer of the county in which the vehicle will be operated. Annual special permits for operation on primary roads shall be approved by the state department of transportation. Compacted rubbish vehicles and vehicles which transport compacted rubbish from a rubbish collection point to a landfill area operated pursuant to an annual special permit shall be operated only over routes designated by the local authority. Annual special permits for a particular vehicle shall not be issued by the department unless approved by the local authority responsible for the roads over which the vehicle will be operated. Annual special permits approved by the issuing authority shall be issued upon payment of an annual fee, in addition to other registration fees imposed, of one hundred dollars to be paid to the department for all nongovernmental vehicles.
   3.  Any person who violates the provisions of the ordinance or resolution shall, upon conviction or a plea of guilty, be subject to a fine determined by dividing the difference between the actual weight and the maximum weight established by the ordinance or resolution by one hundred, and multiplying the quotient by two dollars. The fine for violation of a special permit issued pursuant to this section shall be based upon the difference between the actual weight of the vehicle and load and the maximum weight allowed by the permit in accordance with section 321.463.
   4.
  2.  Local authorities may issue special permits, during periods such restrictions are in effect, to permit limited operation of vehicles upon specified routes with loads in excess of any restrictions imposed under this section, but not in excess of load restrictions imposed by any other provision of this chapter, and such authorities shall issue such permits upon a showing that there is a need to move to market farm produce or to move to any farm, feeds or fuel for home heating purposes.
   3.
  a.  A person who violates the provisions of an ordinance or resolution adopted pursuant to subsection 1 shall, upon conviction or a plea of guilty, be subject to a fine determined by dividing the difference between the actual weight and the maximum weight established by the ordinance or resolution by one hundred, and multiplying the quotient by two dollars.
   b.  The fine for violation of a special permit issued pursuant to subsection 2 shall be based upon the difference between the actual weight of the vehicle and load and the maximum weight allowed by the permit in accordance with section 321.463.
    Sec. 2.  Section 321E.1, Code 2013, is amended to read as follows:
   321E.1  Permits by department and local authorities.
   1.  The department and local authorities may in their discretion and upon application and with good cause being shown issue permits for the movement of construction machinery or asphalt repavers
 
special mobile equipment being temporarily moved on streets, roads, or highways and for vehicles with indivisible loads which exceed the maximum dimensions and weights specified in sections 321.452 through 321.466, but not to exceed the limitations imposed in this section and sections 321E.2 through 321E.15 except as provided in section 321E.29.
   2.  Vehicles permitted to transport indivisible loads may do any of the following:
   a.  Exceed the width and length limitations specified in sections 321.454 and 321.457 for the purpose of picking up an indivisible load or returning from delivery of the indivisible load.

Vehicles with retractable body extensions used to support cargo must be reduced to legal dimensions unless the vehicle is loaded and the extension is in use.
   b.  Move indivisible special mobile equipment which does not otherwise exceed the maximum dimensions and weights specified in sections 321.452 through 321.466 if the vehicle has an overall width not to exceed nine feet and all other conditions of the vehicle’s permit are met.
   3.  Permits issued may be single-trip, multi-trip, or annual permits. Permits
 
A permit issued under this chapter shall be in writing
 
or in an electronic format and shall be carried in the cab of the vehicle for which the permit has been issued and shall be available for inspection at all times. The vehicle and load for
 
Permits issued under this chapter and the vehicle for which the permit has been issued shall be open to inspection
 
at all times by a
 
any peace officer or an authorized agent of a permit granting
 
any permit-issuing authority.
   4.  When in the judgment of the issuing
 
permit-issuing authority in cities and counties the movement of a vehicle with an indivisible load or construction machinery
 
special mobile equipment which exceeds the maximum dimensions and weights will be unduly hazardous to public safety or will cause undue damage to streets, avenues, boulevards, thoroughfares, highways, curbs, sidewalks, trees,
 
infrastructure or other public or private property, the permit shall be denied and the reasons for denial endorsed on the application. Permits shall designate the days when and routes upon which loads and construction machinery
 
special mobile equipment may be moved within a county on other than primary roads.
   5.  Local authorities
 
A permit-issuing authority may allow persons requesting permits under this chapter to do so by means of a telephone or
 
in person, through the internet, by facsimile machine,
 
or by telephone, authorizing payment for the permits to be made upon receipt of an invoice sent to the persons by the local authorities
 
permit-issuing authority.
    Sec. 3.  Section 321E.2, Code 2013, is amended to read as follows:
   321E.2  Permit-issuing authorities.
   1.  Annual, multi-trip, and single-trip permits
 
Permits issued under this chapter shall be issued by the authority responsible for the maintenance of the system of highways or streets. However, the department may issue permits on primary road extensions in cities in conjunction with movements on the rural primary road system. The department may issue an all-system
 
all-systems permit under section 321E.8 which is valid for movements on all highways or streets under the jurisdiction of either the state or those local authorities which
 
that have indicated
 
to the department in writing to the department, including by means of electronic communication, those streets or highways for which an all-system
 
all-systems permit is not valid. The department may issue annual permits pursuant to section 321E.8A valid only for operation on noninterstate highways in counties stipulated in the permit.
   2.  At the request of a local authority, the department shall issue annual, multi-trip, and single-trip permits
 
under this chapter for highways or streets that are under the jurisdiction of the local authority
 
if the local authority has indicated to the department in writing, including by means of electronic communication, those streets or highways for which a permit is not valid.
    Sec. 4.  Section 321E.7, subsections 1 and 2, Code 2013, are amended to read as follows:
   1.  The gross weight on any axle of any vehicle or combination of vehicles traveling under a permit issued in accordance with the provisions of this chapter shall not exceed the maximum axle load prescribed in section 321.463;, except that cranes
 
for the following:
   a.  Cranes
 
being temporarily moved on streets, roads, or highways may have a gross weight of twenty-four thousand pounds on any single axle; and construction machinery.
   b.
  (1)  Special mobile equipment other than cranes
 
being temporarily moved on streets, roads, or highways may have a
 
maximum gross weight of thirty-six thousand pounds on any single axle equipped with
 
flotation pneumatic tires with a minimum size
 
of twenty-six point five-inch by twenty-five-inch flotation pneumatic tires
 
five inches by twenty-five inches and a maximum gross weight of twenty thousand pounds on any single axle equipped with
 
flotation pneumatic tires with a minimum size eighteen-inch by twenty-five-inch flotation pneumatic tires, with the
 
of eighteen inches by twenty-five inches.
   (2)  The
 
department
 
is authorized to adopt rules to permit the use of tire sizes and weights within the minimum and maximum specifications provided in this section
 
subparagraph (1), provided that the total gross weight of the vehicle or a combination of vehicles does not exceed a maximum of one hundred twenty-six thousand pounds; and except that a.
   (3)  A
 
manufacturer of machinery or equipment manufactured or assembled in Iowa may be granted a permit for the movement of such machinery or equipment mounted on pneumatic tires with axle loads exceeding the maximum axle load prescribed in section 321.463 for distances not to exceed twenty-five miles at a speed not greater than twenty miles per hour. The movement of such machinery or equipment shall be over a specified route between the place of assembly or manufacture and a storage area, shipping point, proving ground, experimental area, weighing station, or another manufacturing plant.
   c.  Raw milk transporters operating under a permit issued pursuant to section 321E.29A shall not exceed the axle and gross weights specified in that section.
   d.  Compacted rubbish vehicles operating under a permit issued pursuant to section 321E.30 shall not exceed the axle and gross weights specified in that section.
   2.  The gross weight on any one axle of any vehicle or combination of vehicles traveling under a permit issued in accordance with this chapter shall not exceed the maximum axle load prescribed in section 321.463; except that any one axle on a vehicle or combination of vehicles transporting construction machinery
 
special mobile equipment shall be allowed a one thousand pound weight tolerance, provided the total gross weight of the vehicle or combination of vehicles does not exceed the gross weight allowed by the permit.
    Sec. 5.  Section 321E.8, Code 2013, is amended to read as follows:
   321E.8  Annual permits.
   Subject to the discretion and judgment provided for in section 321E.1, annual permits shall be issued in accordance with the following provisions:
   1.  Vehicles with indivisible loads, or manufactured or mobile homes including appurtenances, having an overall width not to exceed sixteen feet zero inches, an overall length not to exceed one hundred twenty feet zero inches, an overall height not to exceed fifteen feet five inches, and
 
except for vehicles in compliance with section 321.463, subsection 5, paragraph “c”, subparagraph (1), a total gross weight not to exceed eighty thousand pounds, may be moved as follows:
   a.  Vehicles with indivisible loads, or manufactured or mobile homes including appurtenances, having an overall width not to exceed twelve feet five inches, an overall length not to exceed one hundred twenty feet zero inches, and an overall height not to exceed thirteen feet ten inches may be moved for unlimited distances without route approval from the permitting
 
permit-issuing authority.
   b.  Vehicles with indivisible loads, or manufactured or mobile homes including appurtenances, having an overall width not to exceed fourteen feet six inches, an overall length not to exceed one hundred twenty feet zero inches, and an overall height not to exceed fifteen feet five inches may be moved on the interstate highway system and primary highways with more than one lane traveling in each direction for unlimited distances and no more than fifty miles from the point of origin on all other highways without route approval from the permit issuing
 
permit-issuing authority.
   c.  All other vehicles with indivisible loads operating under this subsection shall obtain route approval from the permitting
 
permit-issuing authority.
   d.  Vehicles with indivisible loads may operate under an all-systems permit in compliance with paragraph “a”, “b”, or “c”.
   2.  Vehicles with indivisible loads, or manufactured or mobile homes including appurtenances, having an overall width not to exceed thirteen feet five inches and an overall length not to exceed one hundred twenty feet zero inches may be moved on highways specified by the permitting
 
permit-issuing authority for unlimited distances if the height of the vehicle and load does not exceed fifteen feet five inches and the total gross weight of the vehicle does not exceed one hundred fifty-six thousand pounds.
   a.  The vehicle owner or operator shall verify with the permitting
 
permit-issuing authority prior to movement of the load that highway conditions have not changed so as to prohibit movement of the vehicle.
   b.  Any cost to repair damage to highways or highway structures shall be borne by the owner or operator of the vehicle causing the damage.
   c.  Permitted vehicles under this subsection shall not be allowed to travel on any portion of the interstate highway system.
   d.  Vehicles with indivisible loads operating under the permit provisions of this subsection may operate under the permit provisions of subsection 1 provided the vehicle and load comply with the limitations described in subsection 1.
   3.  Notwithstanding any other provision of law to the contrary, cranes exceeding the maximum gross weight on any axle as prescribed in section 321.463
 
or 321E.7 and used in the construction of alternative energy facilities may be moved with approval from the permit issuing
 
permit-issuing authority.
    Sec. 6.  Section 321E.9, Code 2013, is amended to read as follows:
   321E.9  Single-trip permits.
   Subject to the discretion and judgment provided for in section 321E.1, single-trip permits, which may include a round trip to and from a job or delivery site, shall be issued in accordance with the following provisions:
   1.  Vehicles with indivisible loads having an overall width not to exceed forty feet, zero inches, an overall length not to exceed one hundred twenty feet, zero inches, or a total gross weight not to exceed one hundred thousand pounds may be moved, provided the gross weight on any one axle shall not exceed the maximum prescribed in section 321.463, pursuant to rules adopted pursuant to chapter 17A. The height of the vehicles and loads shall be limited only to height limitations of underpasses, bridges, power lines and other established height restrictions on the specified route.

The maximum height, width, length, and weight of vehicles and loads operating under permits authorized by this section shall be limited to the maximum physical limitations and clearances of the roadway and infrastructure of the intended route of travel, provided that the gross weight on any one axle does not exceed the maximum prescribed in section 321.463, pursuant to rules adopted pursuant to chapter 17A. The permit-issuing authority shall make the final determination regarding the issuance of a permit and the suitability of the intended route based upon known roadway clearances and capacities. Permits shall be authorized only when the movement will not cause undue stress or damage to highway pavement, bridges, or other highway infrastructure. In addition to the dimension and weight limitations of an intended route, a permit-issuing authority shall consider the interests of public safety and, at the discretion of the permit-issuing authority, may deny the issuance of a permit when the intended movement of any vehicle or load poses a potential risk to the public.
   2.  Vehicles with indivisible loads exceeding the width, length, and total gross weight provided in subsection 1, may be moved in special or emergency situations, provided the permitting
 
permit-issuing authority has reviewed the route and has approved the movement of the vehicle and load. The issuing
 
permit-issuing authority may impose any special restrictions
 
on movements as deemed necessary on movements or exempt movements from the restrictions of section 321E.11 by permit under this subsection.
   3.  Cranes exceeding the maximum gross weight on any axle as prescribed in section 321.463 but not exceeding twenty-four thousand pounds may be moved in accordance with rules adopted pursuant to chapter 17A. Notwithstanding any other provision of law to the contrary, cranes exceeding the maximum gross weight on any axle as prescribed in section 321.463
 
or 321E.7 and used in the construction of alternative energy facilities may be moved with approval from the permit issuing
 
permit-issuing authority.
    Sec. 7.  Section 321E.9A, subsections 1 and 2, Code 2013, are amended to read as follows:
   1.  Vehicles with indivisible loads having an overall length not to exceed one hundred twenty feet, an overall width not to exceed sixteen feet, and of any
 
a height
 
not to exceed fifteen feet five inches may be moved on highways specified by the permitting authority, provided the gross weight on any one axle shall not exceed the maximum prescribed in section 321.463 and the total gross weight is not greater than one hundred fifty-six thousand pounds.
   2.  Vehicles or combinations of vehicles consisting of construction machinery
 
special mobile equipment not exceeding the height, length, and width limitations of this section being temporarily moved on highways with a maximum total gross weight limitation and a single axle weight limitation in accordance with section 321E.7 may be moved.
    Sec. 8.  Section 321E.9B, subsections 1 and 3, Code 2013, are amended to read as follows:
   1.  Vehicles with an indivisible load having an overall length not to exceed two hundred twenty-five feet, an overall width not to exceed sixteen feet, a height not to exceed sixteen feet, and a total gross weight not to exceed two hundred fifty-six thousand pounds may be moved on highways specified by the permitting
 
permit-issuing authority to an alternative energy construction site or staging area for alternative energy transportation, provided the gross weight on any one axle shall not exceed twenty thousand pounds.
   3.  The permitting
 
permit-issuing authority shall have discretion to include restrictions and require special considerations, such as responsibility for protection or repair of the roadway and bridges, prior to issuance of the permit.
    Sec. 9.  Section 321E.10, Code 2013, is amended to read as follows:
   321E.10  Truck
 
Semitrailers and trailers manufactured in Iowa.
   The department or local authorities may upon application issue annual trip permits for the movement of truck
 
semitrailers and trailers manufactured or assembled in this state that exceed the maximum length specified in section 321.457 and the maximum width specified in section 321.454. Movement of the truck
 
semitrailers and trailers shall be solely for the purpose of delivery or transfer from the point of manufacture or assembly to another point of manufacture or assembly within the state or to a point outside the state,; shall be only on roadways of twenty-four feet or more in width or on four-lane highways,; shall be on the most direct route necessary for such movement,; and shall display the special plates designated in section 321.57. All truck
 
semitrailers and trailers under permit for such movement shall not contain freight or additional load. A vehicle or combination of two or more vehicles inclusive of front and rear bumpers, including towing units, involved in the movement of truck
 
semitrailers and trailers shall not exceed an overall width of ten feet. Vehicles or combinations shall be distinctly marked on both the front and rear of the unit in a manner the director of transportation designates to indicate that the vehicles or combinations are being moved for delivery or transfer purposes only.
   Permits issued under the provisions of this section shall be in writing and shall be carried in the cabs of the vehicles for which the permits have been issued and shall be available for inspection at all times. The vehicles for which the permits have been issued shall be open to inspection by any peace officer or to any authorized agent of any permit granting authority.
    Sec. 10.  Section 321E.11, Code 2013, is amended to read as follows:
   321E.11  Daylight movement only —— exceptions —— holidays
 
Movement under permit —— penalty.
   1.  Movements by
 
under permit in accordance with this chapter shall be permitted only during the hours from thirty minutes prior to sunrise to thirty minutes following sunset unless the issuing
 
permit-issuing authority determines that the movement can be better accomplished at another period of time because of traffic volume
 
or other roadway-related conditions or the vehicle subject to the permit
 
qualifies for nighttime movement as specified in subsection 2.
   2.  A permitted vehicle which
 
has an overall length not to exceed one hundred feet, an overall width not to exceed eleven feet, and an overall height not to exceed fourteen feet, four
 
six inches, and the permit requires the vehicle to operate only on those highways designated by the department
 
may operate under permit from thirty minutes following sunset to thirty minutes prior to sunrise on primary and nonprimary highway system roadways that are at least twenty-two feet in total width with at least eleven feet of lane width.

Vehicles operating under the provisions of this subsection shall be equipped with operating projecting-load lighting devices which are in addition to the required vehicle lighting and the signs, flags, and warning lights required for vehicles operating under permit. Additional safety lighting and escorts may be required for movement at night
 
as determined by the permit-issuing authority.
   2.
  3.  Except as provided in section 321.457, no movement by
 
under permit shall be permitted on holidays, after twelve o’clock
 
12:00 noon on days preceding holidays and holiday weekends, or special events when abnormally high traffic volumes can be expected. Such restrictions shall not be applicable to urban transit systems as defined in section 321.19, subsection 2.
   3.
  4.  For the purposes of this chapter, “holidays” shall include Memorial Day, Independence Day, and Labor Day.
   4.
  5.  A person who violates this section commits a simple misdemeanor.
    Sec. 11.  Section 321E.12, Code 2013, is amended to read as follows:
   321E.12  Registration must be consistent.
   1.  A vehicle traveling under permit shall be properly registered for the gross weight of the vehicle and load. A trip permit issued according to section 326.23 shall not be used in lieu of the registration provided for in this section. A person owning special mobile equipment may use a transport vehicle registered for the gross weight of the transport without a load.
   2.  A private carrier who is not for hire may transport special mobile equipment on a vehicle registered for the gross weight of the transport vehicle and cargo, minus the weight of the special mobile equipment, when the special mobile equipment is owned, leased, or rented and under exclusive control of the private carrier.
   3.  Vehicles, while being used for the transportation of buildings, except
 
other than mobile homes and factory-built structures, may be registered for the combined gross weight of the vehicle and load on a single-trip basis. The fee is five cents per ton exceeding the weight registered under section 321.122 per mile of travel. Fees shall not be prorated for fractions of miles. This provision does not exempt these vehicles from any other provision of this chapter.
    Sec. 12.  Section 321E.13, Code 2013, is amended to read as follows:
   321E.13  Financial responsibility.
   Prior to the issuance of any permit, the applicant for a permit shall be required to file proof of financial responsibility or to post a bond with the issuing
 
permit-issuing authority. The amount of the bond shall be determined by the issuing
 
permit-issuing authority and shall be used as security for repair or replacement of official signs, signals, and roadway foundations, surfaces, or structures which may be damaged or destroyed during the movement of a vehicle and load operating under the permit. The duration of the bond shall be determined by the issuing
 
permit-issuing authority for a period not to exceed one year.
    Sec. 13.  Section 321E.14, Code 2013, is amended to read as follows:
   321E.14  Fees for permits.
   1.  Permit-issuing authorities may charge the following fees:
   1.
  a.  The department or local authorities issuing permits shall charge a fee of twenty-five
 
Twenty-five dollars for an annual permit issued under
 
pursuant to section 321E.8, subsection 1, a fee of three.
   b.  Three
 
hundred dollars for an annual permit issued under
 
pursuant to section 321E.8, subsection 2, a fee of two.
   c.  Two
 
hundred dollars for a multi-trip permit issued under
 
pursuant to section 321E.9A, a fee of six.
   d.  Six
 
hundred dollars for a special alternative energy multi-trip permit issued under
 
pursuant to section 321E.9B, and a fee of ten.
   e.  Ten
 
dollars for a single-trip permit, and shall determine charges for special permits
 
issued pursuant to section 321E.9.
   f.  Twenty-five dollars for an annual permit for special mobile equipment, as defined in section 321.1, subsection 75, issued pursuant to section 321E.7, subsection 3, with a combined gross weight of not more than eighty thousand pounds.
   g.  Twenty-five dollars for a permit
 
issued pursuant to section 321E.29 by rules adopted pursuant to chapter 17A
 
or 321E.29A.
   h.  One hundred dollars for a permit issued pursuant to section 321E.30.
   i.  One hundred twenty dollars for an annual all-systems permit issued pursuant to section 321E.8, which shall be deposited in the road use tax fund.
   2.  Fees for the movement of buildings, parts of buildings, or unusual vehicles or loads may be increased to cover the costs of inspections by the issuing
 
permit-issuing authority.
   3.  A fee not to exceed two hundred fifty dollars per day or a prorated fraction of that fee per person and car for escort service may be charged when requested or when required under this chapter. Proration of escort fees between state and local authorities when more than one governmental authority provides or is required to provide escort for a movement during the period of a day shall be determined by rule under section 321E.15.
   4.  The department and local authorities may charge a permit applicant for the cost of trimming trees and removal and replacement of natural obstructions or official signs and signals or other public or private property required to be removed during the movement of a vehicle and load. In addition to the fees provided in this section, the annual fee for a permit for special mobile equipment, as defined in section 321.1, subsection 75, operated pursuant to section 321E.7, subsection 3, with a combined gross weight up to and including eighty thousand pounds shall be twenty-five dollars and for a combined gross weight exceeding eighty thousand pounds, fifty dollars.
   2.  The annual fee for an all-system permit is one hundred twenty dollars which shall be deposited in the road use tax fund.
    Sec. 14.  Section 321E.16, Code 2013, is amended to read as follows:
   321E.16  Violations —— penalties.
   1.  A person who violates a provision of a permit issued pursuant to this chapter or rules adopted under section 321E.15, other than a provision relating to weight, shall be subject to a scheduled fine under section 805.8A, subsection 12, paragraph “f”.
   2.  The fine for violation of the weight allowed by a permit shall be based upon the difference between the actual weight of the vehicle and load and the maximum allowable by permit in accordance with section 321.463. If a vehicle with an indivisible load traveling under permit is found to be in violation of weight limitations, the vehicle operator shall be allowed a reasonable amount of time to remove any ice, mud, snow, and other weight attributable to climatic conditions accumulated along the route prior to application of the penalties prescribed in section 321.463.
   3.  A person operating a civilian escort vehicle in violation of rules adopted pursuant to section 321E.15 shall be subject to a scheduled fine under section 805.8A, subsection 12, paragraph “f”.
    Sec. 15.  Section 321E.17, Code 2013, is amended to read as follows:
   321E.17  Five or more
 
Serious violations.
   Proof of imposition of penalties on five or more occasions
 
a penalty for
 
a violation of sections
 
section 321.256, 321.454, 321.456, 321.457, 321.463,
 
321.471, 321.474, or 321E.16 or any combination of penalties for violation of said
 
those sections totaling five or more incurred during any twelve-month period with respect to the operation of one or more vehicles by any one permit holder, whether operated personally or through agents, servants, or employees of the permit holder, shall constitute prima facie evidence that the permit holder has willfully operated or caused to be operated a vehicle or vehicles in violation of this chapter.
    Sec. 16.  Section 321E.18, Code 2013, is amended to read as follows:
   321E.18  Overall operations considered.
   In any proceeding brought under this chapter, the issuing
 
permit-issuing authority shall consider evidence relating to the character and gravity
 
nature and severity of the violations and the extent of the operations of any vehicles by or on behalf of the permit holder upon the public highways of this state, which did not involve any violations.
    Sec. 17.  Section 321E.19, Code 2013, is amended to read as follows:
   321E.19  Permit suspended, changed, or revoked
 
denial, change, suspension, or revocation.
   Upon complaint by local authorities or on the department’s own initiative and after notice and hearing before one or more members of the permit issuing body in the case of local authorities or the department of inspections and appeals for permits issued by the state department of transportation, permit privileges under this chapter may be suspended, changed, or revoked in whole or in part by the issuing authority for willful failure to comply with a provision of this chapter, a rule adopted under this chapter, or a term, condition, or limitation of the permit.

The permit-issuing authority may deny, change, suspend, or revoke any permit issued by the authority pursuant to this chapter for good cause. A decision of the department may be appealed in accordance with chapter 17A, and a decision of a local authority may be appealed in accordance with the appeal procedures of the local authority.
    Sec. 18.  Section 321E.20, Code 2013, is amended to read as follows:
   321E.20  Suspension period.
   Whenever the issuing
 
permit-issuing authority finds from the evidence adduced at hearing that a permit holder has willfully operated or caused to be operated a vehicle or vehicles in violation of this chapter, the
 
permit-issuing authority may enter an order suspending, modifying, or revoking the permit in whole or in part at its discretion for a period not to exceed one hundred eighty days. If the issuing
 
permit-issuing authority finds in a subsequent proceeding within twelve months from the date of the initial suspension, modification, or revocation that a permit holder has again willfully operated in violation of this chapter, the issuing
 
permit-issuing authority shall order suspension, modification, or revocation of permit privileges in whole or in part for a period not to exceed two years.
    Sec. 19.  Section 321E.24, Code 2013, is amended by striking the section and inserting in lieu thereof the following:
   321E.24  Warning and lighting devices on oversize loads.
   The department shall adopt rules pursuant to chapter 17A regarding oversize load signs, warning flags, warning lights, and projecting-load lights.
    Sec. 20.  Section 321E.25, Code 2013, is amended to read as follows:
   321E.25  Use of highways of interstate system.
   Use of the national system of interstate and defense highways under the provisions of this chapter shall be restricted by regulation and other appropriate action of the department in such a manner as to not be in conflict with the applicable provisions of section 127, Tit. 23, United States Code
 
23 U.S.C. § 127.
    Sec. 21.  Section 321E.29, Code 2013, is amended to read as follows:
   321E.29  Excess size divisible load permits.
   1.  Vehicles or a combination of vehicles with divisible loads in excess of the width, length, or height requirements of chapter 321 may be moved on the highways of this state if the department or issuing
 
permit-issuing authority determines there is a special or emergency situation which warrants the issuance of a special permit. The combined gross weight or gross weight on any one axle or group of axles may exceed the limits established in section 321.463, subject to the limits and routes established by the issuing
 
permit-issuing authority. Permits
   2.  Annual permits
 
may be issued for vehicles with divisible loads of hay, straw or stover without a finding of special or emergency situations, if the movement meets the requirements of this chapter., provided the following limits are not exceeded:
   a.  Overall width not to exceed twelve feet five inches.
   b.  Overall length not to exceed seventy-five feet.

   c.  Overall height not to exceed fourteen feet six inches.
   d.  Total gross weight of the vehicle or combination of vehicles not to exceed eighty thousand pounds.
    Sec. 22.  Section 321E.29A, Code 2013, is amended to read as follows:
   321E.29A  Raw milk transporters.
   The department or a local
 
A permit-issuing authority may issue annual permits authorizing a raw milk transporter to transport by motor truck raw milk to or from a milk plant, receiving station, or transfer station. The combined gross weight or gross weight on any axle or groups
 
group of axles of the motor truck shall not exceed the limits established under section 321.463. The issuing
 
permit-issuing authority may specify weight limits or routes for each raw milk transporter or establish weight limits or routes under section 321E.8.
    Sec. 23.  NEW SECTION.  321E.30  Compacted rubbish transporters.
   1.  A permit-issuing authority may issue annual permits for the operation of compacted rubbish vehicles and vehicles which transport compacted rubbish from a rubbish collection point to a landfill area, exceeding the weight limitation of section 321.463 but not exceeding twenty thousand pounds per axle, and for tandem axle vehicles or transferrable axle vehicles, not exceeding a gross weight on the rear axles of thirty-six thousand pounds.
   2.  Vehicles operated pursuant to an annual permit issued under this section shall be operated only over routes designated by the permit-issuing authority.
   3.  Annual permits approved by the permit-issuing authority shall be issued upon payment of an annual fee, in addition to other registration fees imposed, to be paid to the permit-issuing authority for all nongovernmental vehicles.
    Sec. 24.  Section 321E.32, Code 2013, is amended to read as follows:
   321E.32  Movement of structures
 
and other loads on dolly axles.
   The weight limits on axles used for the movement of physical structures and buildings shall be subject to the same weight limits which are placed on all other axles. However, when physical structures or buildings are moved and the axles under the load are five feet or more apart, each axle shall be considered a separate axle in determining the axle weight limitations provided by law.

The movement of structures and other indivisible loads on dolly axles shall be subject to the same weight limits that apply to all other indivisible loads. However, when an indivisible load is moved and the transverse dolly axles under the load have a clear inside spacing of five feet or more, each axle shall be considered a separate axle in determining the axle weight limitations provided by law.
    Sec. 25.  Section 321E.34, Code 2013, is amended to read as follows:
   321E.34  Escort requirements.
   1.  An
 
The operator of an escort vehicle, serving as an escort in the movement of vehicles and loads of excess size and weight under permits required by this chapter shall have a driver’s license as defined in section 321.1 valid for the operation of the escort vehicle.
   2.  Vehicles under permit, the width of which, including any load, exceeds that prescribed in section 321.454 but does not exceed fourteen feet six inches including appurtenances, may be moved on two-lane highways of this state without an escort if the highway being traversed has a minimum lane width of twelve feet and a sufficient shoulder width and if an amber revolving light or strobe light is displayed on the power unit and on the rear extremity of the vehicle or load. In addition, vehicles moving under permit, including any load, with an overall width not exceeding sixteen feet six inches may be moved on an interstate or four-lane highway of this state without an escort if an amber revolving light or strobe light is displayed on the power unit and on the rear extremity of the vehicle or load.
   3.
  2.  The department shall adopt rules pursuant to chapter 17A for all escort requirements other than those exempted in subsection 2. The rules shall include escorting requirements for annual permits, single-trip permits, multi-trip permits, special or emergency situations, length, height, and weight
 
operator requirements; escort vehicle requirements; and length, height, width, and weight requirements for the load or vehicle being moved under an annual or single-trip permit or in a special or emergency situation.
    Sec. 26.  Section 331.362, subsection 9, Code 2013, is amended to read as follows:
   9.  A county may regulate traffic on and use of the secondary roads, in accordance with sections 321.236 to 321.250, 321.254, 321.255, 321.285, subsection 4, sections 321.352, 321.471 to 321.473, and other applicable provisions of chapter 321,
 
chapter 321E, and sections 321G.9, 321I.10, and 327G.15.
    Sec. 27.  REPEAL.  Sections 321E.21, 321E.22, 321E.23, 321E.28, 321E.31, and 321E.33, Code 2013, are repealed.
    Sec. 28.  TRANSFER OF SECTIONS.  The Code editor is requested to transfer section 321E.27 to section 321E.1; to transfer section 321E.1, as amended in this Act, to section 321E.2; to transfer section 321E.2, as amended in this Act, to section 321E.3; and to correct internal references as necessary.

______________________________
PAM JOCHUM

President of the Senate

______________________________
KRAIG PAULSEN

Speaker of the House

   I hereby certify that this bill originated in the Senate and is known as Senate File 355, Eighty-fifth General Assembly.

______________________________
MICHAEL E. MARSHALL

Secretary of the Senate
Approved _______________, 2013

______________________________
TERRY E. BRANSTAD

Governor