House File 634 - Introduced



                                       HOUSE FILE       
                                       BY  D. OLSON


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to licensing requirements for drivers of vans
  2    used to transport railroad workers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2979YH 81
  5 dea/sh/8

PAG LIN



  1  1    Section 1.  Section 327F.39, subsection 1, Code 2005, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  ff.  "Van" means a motor vehicle, as
  1  4 defined in section 321.1, having a seating capacity of not
  1  5 less than eight passengers and not more than fifteen
  1  6 passengers, including the driver.
  1  7    Sec. 2.  Section 327F.39, subsection 5, Code 2005, is
  1  8 amended to read as follows:
  1  9    5.  RULE VIOLATIONS.  When the administrator finds that a
  1 10 motor vehicle used to transport workers to and from their
  1 11 places of employment or during the course of their employment
  1 12 violates a rule adopted under this section, the administrator
  1 13 shall make, enter, and serve upon the owner of the motor
  1 14 vehicle an order as necessary to protect the safety of workers
  1 15 transported in the motor vehicle.  The administrator may
  1 16 direct in the order, as a condition to the continued use of
  1 17 the motor vehicle for transporting workers to and from their
  1 18 places of employment or during the course of their employment,
  1 19 that additions, repairs, improvements, or changes be made and
  1 20 that safety devices and safeguards be furnished and used as
  1 21 required to satisfy the rules in the manner and within the
  1 22 time specified in the order.  The order may also require that
  1 23 any driver of the motor vehicle satisfy the licensing
  1 24 requirement for a driver under subsection 5A, if applicable,
  1 25 and minimum standards for a driver under the rules.
  1 26    Sec. 3.  Section 327F.39, Code 2005, is amended by adding
  1 27 the following new subsection:
  1 28    NEW SUBSECTION.  5A.  OPERATION OF VANS.  Notwithstanding
  1 29 the requirements for commercial driver licensing under chapter
  1 30 321, a person shall not operate a van used to transport
  1 31 railroad workers to and from their places of employment or
  1 32 during the course of their employment unless the person holds
  1 33 a commercial driver's license with a passenger endorsement, as
  1 34 provided by the department by rule.
  1 35                           EXPLANATION
  2  1    This bill requires that a person who operates a van
  2  2 transporting railroad workers during the course of their
  2  3 employment must hold a commercial driver's license with a
  2  4 passenger endorsement.  The bill defines "van" to mean a motor
  2  5 vehicle designed to hold eight to 15 passengers, including the
  2  6 driver.  This licensing requirement for railroad drivers is an
  2  7 exception to current law, which requires a commercial driver's
  2  8 license for operators of vehicles with a gross vehicle weight
  2  9 rating of 10,001 pounds or more and designed to transport 16
  2 10 or more passengers, including the driver.
  2 11 LSB 2979YH 81
  2 12 dea:nh/sh/8