House Study Bill 665
HOUSE FILE
BY (PROPOSED COMMITTEE ON
TRANSPORTATION BILL BY
CHAIRPERSON ARNOLD)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to policies and duties of the state department of
2 transportation, including placement of official signs on
3 primary highways, inspection of bridges, administrative
4 duties, motor vehicle registration and titling, driver
5 licensing, licensing and regulation of vehicle=related
6 businesses, vehicle braking requirements, vehicle length
7 restrictions, proof of financial responsibility requirements,
8 and persons with disabilities parking permits.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
10 TLSB 6420HC 81
11 dea/cf/24
PAG LIN
1 1 DIVISION I
1 2 HIGHWAYS
1 3 Section 1. Section 306C.11, subsection 4, Code 2005, is
1 4 amended to read as follows:
1 5 4. Official and directional signs and notices which shall
1 6 include, but not be limited to, signs and notices pertaining
1 7 to natural wonders, scenic and historic attractions, and
1 8 recreational attractions and municipal recognition signs,
1 9 which. The signs and notices shall conform with rules
1 10 promulgated by the department, provided that such rules shall
1 11 be consistent with national standards promulgated pursuant to
1 12 23 U.S.C. } 131(c).
1 13 Sec. 2. Section 306C.12, Code 2005, is amended to read as
1 14 follows:
1 15 306C.12 NONE VISIBLE FROM HIGHWAY.
1 16 An advertising device shall not be constructed or
1 17 reconstructed beyond the adjacent area in unincorporated areas
1 18 of the state if it is visible from the main=traveled way of
1 19 any interstate or primary highway except for advertising
1 20 devices permitted in section 306C.11, subsections 1 and 2, and
1 21 municipal recognition signs erected by any city. Any
1 22 advertising device permitted beyond an adjacent area in
1 23 unincorporated areas of the state shall be subject to the
1 24 applicable permit provisions of section 306C.18.
1 25 Sec. 3. Section 306C.18, unnumbered paragraph 1, Code
1 26 2005, is amended to read as follows:
1 27 The owner of every advertising device regulated by this
1 28 chapter, except signs and advertising devices excepted by
1 29 section 306C.11, subsections 1, 2, and 5, and official signs
1 30 erected by public officers or agencies, shall be required to
1 31 make application to the department for a permit.
1 32 Sec. 4. NEW SECTION. 314.18 RESPONSIBILITY FOR BRIDGE
1 33 INSPECTION.
1 34 The department, counties, cities, and other public entities
1 35 shall be responsible for the safety inspection and evaluation
2 1 of all highway bridges under their jurisdiction which are
2 2 located on public roads, in accordance with the national
2 3 bridge inspection standards. These responsibilities include
2 4 inspection policies and procedures, inspections, reports, load
2 5 ratings, quality control and quality assurance, maintaining a
2 6 bridge inventory, and other requirements of the national
2 7 bridge inspection standards.
2 8 DIVISION II
2 9 DEPARTMENT ADMINISTRATION
2 10 Sec. 5. Section 307.12, Code Supplement 2005, is amended
2 11 by adding the following new subsection:
2 12 NEW SUBSECTION. 5A. Present the department's proposed
2 13 budget to the commission prior to December 31 of each year.
2 14 DIVISION III
2 15 MOTOR VEHICLE REGULATION
2 16 Sec. 6. Section 321.1, subsection 40, paragraphs b and c,
2 17 Code Supplement 2005, are amended to read as follows:
2 18 b. "Motorized bicycle" or "motor bicycle" means a motor
2 19 vehicle having a saddle or a seat for the use of a rider, and
2 20 designed to travel on not more than three wheels in contact
2 21 with the ground, with an engine having a displacement no
2 22 greater than fifty cubic centimeters and not capable of
2 23 operating at a speed in excess of thirty miles per hour on
2 24 level ground unassisted by human power.
2 25 c. "Bicycle" means a either of the following:
2 26 (1) A device having two wheels and having at least one
2 27 saddle or seat for the use of a rider which is propelled by
2 28 human power.
2 29 (2) A device having two or three wheels with fully
2 30 operable pedals and an electric motor of less than seven
2 31 hundred fifty watts (one horsepower), whose maximum speed on a
2 32 paved level surface, when powered solely by such a motor while
2 33 ridden, is less than twenty miles per hour.
2 34 Sec. 7. Section 321.1, subsection 86, Code Supplement
2 35 2005, is amended by striking the subsection.
3 1 Sec. 8. Section 321.18, subsection 8, Code 2005, is
3 2 amended to read as follows:
3 3 8. Any mobile home or manufactured home and any temporary
3 4 undercarriage used solely for transporting manufactured homes,
3 5 modular homes, or other portable buildings used or intended to
3 6 be used for human occupancy.
3 7 Sec. 9. Section 321.20, subsection 1, Code Supplement
3 8 2005, is amended to read as follows:
3 9 1. The full legal name; social security number or Iowa
3 10 driver's license number or Iowa nonoperator's identification
3 11 card number; date of birth; bona fide residence; and mailing
3 12 address of the owner and of the lessee if the vehicle is being
3 13 leased. If the owner or lessee is a firm, association, or
3 14 corporation, the application shall contain the bona fide
3 15 business address and federal employer identification number of
3 16 the owner or lessee. Up to three owners' names may be listed
3 17 on the application. If the vehicle is a leased vehicle, the
3 18 application shall state whether the notice of registration
3 19 renewal shall be sent to the lessor or to the lessee and
3 20 whether the lessor or the lessee shall receive the
3 21 registration fee refund, if any. Information relating to the
3 22 lessee of a vehicle shall not be required on an application
3 23 for registration and a certificate of title for a vehicle with
3 24 a gross vehicle weight rating of ten thousand pounds or more.
3 25 Sec. 10. Section 321.30, Code 2005, is amended by adding
3 26 the following new subsection:
3 27 NEW SUBSECTION. 15. Unless otherwise provided for in this
3 28 chapter, the department or the county treasurer shall refuse
3 29 registration and issuance of a certificate of title unless the
3 30 vehicle bears a manufacturer's label pursuant to 49 C.F.R. pt.
3 31 567 certifying that the vehicle meets federal motor vehicle
3 32 safety standards.
3 33 Sec. 11. Section 321.42, subsection 1, Code Supplement
3 34 2005, is amended to read as follows:
3 35 1. If a registration card, plate, or pair of plates is
4 1 lost or becomes illegible, the owner shall immediately apply
4 2 for replacement. The fee for a replacement registration card
4 3 shall be three dollars. The fee for a replacement plate or
4 4 pair of plates shall be five dollars. When the owner has
4 5 furnished information required by the department and paid the
4 6 proper fee, a duplicate, substitute, or new registration card,
4 7 plate, or pair of plates may be issued. The county treasurer
4 8 or the department may waive the fee for a replacement plate if
4 9 the plate is lost during a documented accident.
4 10 Sec. 12. Section 321.46, subsection 5, Code Supplement
4 11 2005, is amended to read as follows:
4 12 5. The seller or transferor may file an affidavit on forms
4 13 prescribed and provided by the department with the county
4 14 treasurer of the county where the vehicle is registered
4 15 certifying the sale or transfer of ownership of the vehicle
4 16 and the assignment and delivery of the certificate of title
4 17 for the vehicle. Upon receipt of the affidavit, the county
4 18 treasurer shall file the affidavit with the copy of the
4 19 registration receipt for the vehicle on file in the
4 20 treasurer's office and on that day the treasurer shall forward
4 21 copies of the affidavit to the department and to the county
4 22 treasurer of the county of residence of the purchaser or
4 23 transferee note receipt of the affidavit in the vehicle
4 24 registration and titling system. Upon filing the affidavit,
4 25 it shall be presumed that the seller or transferor has
4 26 assigned and delivered the certificate of title for the
4 27 vehicle. For a leased vehicle, the lessor licensed pursuant
4 28 to chapter 321F or the lessee may file an affidavit as
4 29 provided in this subsection certifying that the lease has
4 30 expired or been terminated and the date that the leased
4 31 vehicle was surrendered to the lessor.
4 32 Sec. 13. Section 321.46, subsection 7, Code Supplement
4 33 2005, is amended to read as follows:
4 34 7. If a motor vehicle is leased and the lessee purchases
4 35 the vehicle upon termination of the lease, the lessor shall,
5 1 upon claim by the lessee with the lessor within fifteen thirty
5 2 days of the purchase, assign the registration fee credit and
5 3 registration plates for the leased motor vehicle to the
5 4 lessee. Credit shall be applied as provided in subsection 3.
5 5 Sec. 14. Section 321.52, subsection 4, paragraphs b and d,
5 6 Code Supplement 2005, are amended to read as follows:
5 7 b. When a wrecked or salvage vehicle has been repaired,
5 8 the owner may apply for a regular certificate of title by
5 9 paying the appropriate fees and surrendering the salvage
5 10 certificate of title and a properly executed salvage theft
5 11 examination certificate. A motor vehicle with a gross vehicle
5 12 weight rating of thirty thousand pounds or more is not subject
5 13 to the salvage theft examination otherwise required under
5 14 paragraph "c", and the owner of such vehicle is not required
5 15 to submit a salvage theft examination certificate. The county
5 16 treasurer shall issue a regular certificate of title which
5 17 shall bear a designation stamped or printed on the face of the
5 18 title and stamped and printed on the registration receipt
5 19 indicating that the vehicle was previously titled on a salvage
5 20 certificate of title in a form approved by the department.
5 21 This designation shall be included on every Iowa certificate
5 22 of title and registration receipt issued thereafter for the
5 23 vehicle. The stamped designation shall be in black and shall
5 24 be in letters no bigger than sixteen point type and located on
5 25 the center of the right side of the registration receipt.
5 26 However, if ownership of a stolen vehicle has been transferred
5 27 to an insurer organized under the laws of this state or
5 28 admitted to do business in this state, or if the transfer was
5 29 the result of a settlement with the owner of the vehicle
5 30 arising from damage to or the unrecovered theft of the
5 31 vehicle, and if the insurer certifies to the county treasurer
5 32 on a form approved by the department that the insurance
5 33 company has received one or more written estimates which state
5 34 that the retail cost of repairs including labor, parts, and
5 35 other materials of all damage to the vehicle is less than
6 1 three thousand dollars, the county treasurer shall issue to
6 2 the insurance company the regular certificate of title and
6 3 registration receipt without this designation.
6 4 d. For purposes of this subsection, a "wrecked or salvage
6 5 vehicle" means a damaged motor vehicle subject to registration
6 6 and having a gross vehicle weight rating of less than thirty
6 7 thousand pounds, for which the cost of repair exceeds fifty
6 8 percent of the fair market value of the vehicle, as determined
6 9 in accordance with rules adopted by the department, before it
6 10 became damaged.
6 11 Sec. 15. Section 321.57, subsection 1, Code 2005, is
6 12 amended to read as follows:
6 13 1. A dealer owning any vehicle of a type otherwise
6 14 required to be registered under this chapter may operate or
6 15 move the vehicle upon the highways solely for purposes of
6 16 transporting, testing, demonstrating, or selling the vehicle
6 17 without registering the vehicle, upon condition that the
6 18 vehicle display in the manner prescribed in sections 321.37
6 19 and 321.38 a special plate issued to the owner as provided in
6 20 sections 321.58 to through 321.62. Additionally, a new car
6 21 dealer or a used car A dealer may operate or move upon the
6 22 highways a new or used car or trailer vehicle owned by the
6 23 dealer for either private or business purposes without
6 24 registering it if the new or used car or trailer vehicle is in
6 25 the dealer's inventory and is continuously offered for sale at
6 26 retail, and there is displayed on it a special plate issued to
6 27 the dealer as provided in sections 321.58 to through 321.62.
6 28 A dealer may operate or move upon the highways an unregistered
6 29 vehicle owned by a lessor licensed pursuant to chapter 321F
6 30 solely for the purpose of delivering the vehicle to the owner
6 31 or transporting the vehicle to or from an auction if there is
6 32 displayed on the vehicle a special plate issued to the dealer
6 33 as provided in sections 321.58 through 321.62.
6 34 Sec. 16. Section 321.109, subsection 1, Code Supplement
6 35 2005, is amended to read as follows:
7 1 1. a. The annual fee for all motor vehicles including
7 2 vehicles designated by manufacturers as station wagons, and
7 3 1993 and subsequent model years for multipurpose vehicles,
7 4 except motor trucks, motor homes, ambulances, hearses,
7 5 motorcycles, motor motorized bicycles, and 1992 and older
7 6 model years for multipurpose vehicles, shall be equal to one
7 7 percent of the value as fixed by the department plus forty
7 8 cents for each one hundred pounds or fraction thereof of
7 9 weight of vehicle, as fixed by the department. The weight of
7 10 a motor vehicle, fixed by the department for registration
7 11 purposes, shall include the weight of a battery, heater,
7 12 bumpers, spare tire, and wheel. Provided, however, that for
7 13 any new vehicle purchased in this state by a nonresident for
7 14 removal to the nonresident's state of residence the purchaser
7 15 may make application to the county treasurer in the county of
7 16 purchase for a transit plate for which a fee of ten dollars
7 17 shall be paid. And provided, however, that for any used
7 18 vehicle held by a registered dealer and not currently
7 19 registered in this state, or for any vehicle held by an
7 20 individual and currently registered in this state, when
7 21 purchased in this state by a nonresident for removal to the
7 22 nonresident's state of residence, the purchaser may make
7 23 application to the county treasurer in the county of purchase
7 24 for a transit plate for which a fee of three dollars shall be
7 25 paid. The county treasurer shall issue a nontransferable
7 26 certificate of registration for which no refund shall be
7 27 allowed; and the transit plates shall be void thirty days
7 28 after issuance. Such purchaser may apply for a certificate of
7 29 title by surrendering the manufacturer's or importer's
7 30 certificate or certificate of title, duly assigned as provided
7 31 in this chapter. In this event, the treasurer in the county
7 32 of purchase shall, when satisfied with the genuineness and
7 33 regularity of the application, and upon payment of a fee of
7 34 ten dollars, issue a certificate of title in the name and
7 35 address of the nonresident purchaser delivering the same title
8 1 to the person entitled to the title as provided in this
8 2 chapter owner. If there is a security interest noted on the
8 3 title, the county treasurer shall mail to the secured party an
8 4 acknowledgment of the notation of the security interest. The
8 5 county treasurer shall not release a security interest that
8 6 has been noted on a title issued to a nonresident purchaser as
8 7 provided in this paragraph. The application requirements of
8 8 section 321.20 apply to a title issued as provided in this
8 9 subsection, except that a natural person who applies for a
8 10 certificate of title shall provide either the person's social
8 11 security number, passport number, or driver's license number,
8 12 whether the license was issued by this state, another state,
8 13 or another country. The provisions of this subsection
8 14 relating to multipurpose vehicles are effective January 1,
8 15 1993, for all 1993 and subsequent model years. The annual
8 16 registration fee for multipurpose vehicles that are 1992 model
8 17 years and older shall be in accordance with section 321.124.
8 18 b. The annual registration fee for a multipurpose vehicle
8 19 with permanently installed equipment manufactured for and
8 20 necessary to assist a person with a disability who is either
8 21 the owner or a member of the owner's household in entry and
8 22 exit of the vehicle or for a multipurpose vehicle if the
8 23 vehicle's owner or a member of the vehicle owner's household
8 24 uses a wheelchair as the only means of mobility shall be sixty
8 25 dollars. For purposes of this unnumbered paragraph, "uses a
8 26 wheelchair" does not include use of a wheelchair due to a
8 27 temporary injury or medical condition.
8 28 Sec. 17. Section 321.115, subsection 2, Code 2005, is
8 29 amended to read as follows:
8 30 2. The sale of a motor vehicle twenty years old or older
8 31 which is primarily of value as a collector's item and not as
8 32 transportation is not subject to chapter 322 and any person
8 33 may sell such a vehicle at retail or wholesale without a
8 34 license as required under chapter 322.
8 35 Sec. 18. Section 321.126, Code Supplement 2005, is amended
9 1 by adding the following new subsection:
9 2 NEW SUBSECTION. 6A. If the vehicle was leased and an
9 3 affidavit was filed by the lessor or the lessee as provided in
9 4 section 321.46, the lessor or the lessee, as applicable, may
9 5 make a claim for a refund with the county treasurer of the
9 6 county where the vehicle was registered within six months of
9 7 the vehicle's surrender to the lessor. The refund shall be
9 8 paid to either the lessor or the lessee, as specified on the
9 9 application for title and registration pursuant to section
9 10 321.20.
9 11 Sec. 19. Section 321.176A, subsection 1, Code Supplement
9 12 2005, is amended to read as follows:
9 13 1. A farmer or a person working for a farmer while
9 14 operating a commercial motor vehicle owned controlled by the
9 15 farmer within one hundred fifty air miles of the farmer's farm
9 16 to transport the farmer's own agricultural products, farm
9 17 machinery, or farm supplies to or from the farm. The
9 18 exemption provided in this subsection shall apply to farmers
9 19 who assist each other through an exchange of services and
9 20 shall include operation of a commercial motor vehicle between
9 21 the farms of the farmers who are exchanging services.
9 22 Sec. 20. Section 321.180, subsection 1, paragraph a,
9 23 unnumbered paragraph 1, Code 2005, is amended to read as
9 24 follows:
9 25 A person who is at least eighteen years of age and who,
9 26 except for the person's lack of instruction in operating a
9 27 motor vehicle, would be qualified to obtain a driver's
9 28 license, shall, upon meeting the requirements of section
9 29 321.186 other than a driving demonstration, and upon paying
9 30 the required fee, be issued an instruction permit by the
9 31 department. Subject to the limitations in this subsection, an
9 32 instruction permit entitles the permittee, while having the
9 33 permit in the permittee's immediate possession, to operate a
9 34 motor vehicle, other than a commercial motor vehicle or as a
9 35 chauffeur or a motor vehicle with a gross vehicle weight
10 1 rating of sixteen thousand one or more pounds, upon the
10 2 highways for a period not to exceed two four years from the
10 3 licensee's birthday anniversary in the year of issuance. If
10 4 the applicant for an instruction permit holds a driver's
10 5 license issued in this state valid for the operation of a
10 6 motorized bicycle or a motorcycle, the instruction permit
10 7 shall be valid for such operation without the need of an
10 8 accompanying person.
10 9 Sec. 21. Section 321.180, subsection 2, Code 2005, is
10 10 amended to read as follows:
10 11 2. A person who holds a class A, B, C, or D driver's
10 12 license, upon meeting each of the following requirements,
10 13 shall be eligible to apply for a commercial driver's
10 14 instruction permit valid for the operation of a commercial
10 15 motor vehicle, except a vehicle transporting hazardous
10 16 materials requiring placarding, when the permittee is
10 17 accompanied by a person properly licensed to operate a
10 18 commercial motor vehicle and actually occupying a seat beside
10 19 the permittee. An applicant must be at least eighteen years
10 20 of age and qualified to obtain a valid commercial driver's
10 21 license including the requirements of section 321.188 other
10 22 than the knowledge examination and driving skills tests. The
10 23 commercial driver's instruction permit shall be valid for a
10 24 period not to exceed six months. A commercial driver's
10 25 instruction permit may be renewed only once in any two=year
10 26 period. If the applicant for a commercial driver's
10 27 instruction permit holds a driver's license issued in this
10 28 state valid for the operation of a commercial or noncommercial
10 29 vehicle, the commercial driver's instruction permit shall be
10 30 valid for such operation without the need of an accompanying
10 31 person.
10 32 Sec. 22. Section 321.180B, subsection 1, unnumbered
10 33 paragraph 1, Code 2005, is amended to read as follows:
10 34 The department may issue an instruction permit to an
10 35 applicant between the ages of fourteen and eighteen years if
11 1 the applicant meets the requirements of sections 321.184 and
11 2 321.186, other than a driving demonstration, and pays the
11 3 required fee. An instruction permit issued under this section
11 4 shall be valid for a period not to exceed two four years from
11 5 the licensee's birthday anniversary in the year of issuance.
11 6 A motorcycle instruction permit issued under this section is
11 7 not renewable.
11 8 Sec. 23. Section 321.180B, subsection 2, unnumbered
11 9 paragraph 1, Code 2005, is amended to read as follows:
11 10 The department may issue an intermediate driver's license
11 11 to a person sixteen or seventeen years of age who possesses an
11 12 instruction permit issued under subsection 1 or a comparable
11 13 instruction permit issued by another state for a minimum of
11 14 six months immediately preceding application, and who presents
11 15 an affidavit signed by a parent or guardian on a form to be
11 16 provided by the department that the permittee has accumulated
11 17 a total of twenty hours of street or highway driving of which
11 18 two hours were conducted after sunset and before sunrise and
11 19 the street or highway driving was with the permittee's parent,
11 20 guardian, instructor, a person certified by the department, or
11 21 a person at least twenty=five years of age who had written
11 22 permission from a parent or guardian to accompany the
11 23 permittee, and whose driving privileges have not been
11 24 suspended, revoked, or barred under this chapter or chapter
11 25 321J during, and who has been accident and conviction
11 26 violation free continuously for, the six=month period
11 27 immediately preceding the application for an intermediate
11 28 license. An applicant for an intermediate license must meet
11 29 the requirements of section 321.186, including satisfactory
11 30 completion of driver education as required in section 321.178,
11 31 and payment of the required license fee before an intermediate
11 32 license will be issued. A person issued an intermediate
11 33 license must limit the number of passengers in the motor
11 34 vehicle when the intermediate licensee is operating the motor
11 35 vehicle to the number of passenger safety belts.
12 1 Sec. 24. Section 321.180B, subsections 3 and 4, Code 2005,
12 2 are amended to read as follows:
12 3 3. REMEDIAL DRIVER IMPROVEMENT ACTION OR == SUSPENSION OF
12 4 PERMIT, OR INTERMEDIATE LICENSE, OR FULL LICENSE. A person
12 5 who has been issued an instruction permit, or an intermediate
12 6 license, or a full driver's license under this section, upon
12 7 conviction of a moving traffic violation or involvement in a
12 8 motor vehicle accident which occurred during the term of the
12 9 instruction permit or intermediate license, shall be subject
12 10 to remedial driver improvement action or suspension of the
12 11 permit or current license. A person possessing an instruction
12 12 permit who has been convicted of a moving traffic violation or
12 13 has been involved in an accident shall not be issued an
12 14 intermediate license until the person has completed the
12 15 remedial driver improvement action and has been accident and
12 16 conviction violation free continuously for the six=month
12 17 period immediately preceding the application for the
12 18 intermediate license. A person possessing an intermediate
12 19 license who has been convicted of a moving traffic violation
12 20 or has been involved in an accident shall not be issued a full
12 21 driver's license until the person has completed the remedial
12 22 driver improvement action and has been accident and conviction
12 23 violation free continuously for the twelve=month period
12 24 immediately preceding the application for a full driver's
12 25 license.
12 26 4. FULL DRIVER'S LICENSE. A full driver's license may be
12 27 issued to a person seventeen years of age who possesses an
12 28 intermediate license issued under subsection 2 or a comparable
12 29 intermediate license issued by another state for a minimum of
12 30 twelve months immediately preceding application, and who
12 31 presents an affidavit signed by a parent or guardian on a form
12 32 to be provided by the department that the intermediate
12 33 licensee has accumulated a total of ten hours of street or
12 34 highway driving of which two hours were conducted after sunset
12 35 and before sunrise and the street or highway driving was with
13 1 the licensee's parent, guardian, instructor, a person
13 2 certified by the department, or a person at least twenty=five
13 3 years of age who had written permission from a parent or
13 4 guardian to accompany the licensee, whose driving privileges
13 5 have not been suspended, revoked, or barred under this chapter
13 6 or chapter 321J during, and who has been accident and
13 7 conviction violation free continuously for, the twelve=month
13 8 period immediately preceding the application for a full
13 9 driver's license, and who has paid the required fee.
13 10 Sec. 25. Section 321.188, subsection 1, Code 2005, is
13 11 amended by adding the following new paragraph:
13 12 NEW PARAGRAPH. f. Identify all states where the applicant
13 13 has been licensed to drive any type of motor vehicle during
13 14 the previous ten years.
13 15 Sec. 26. Section 321.189, subsection 2, paragraph c, Code
13 16 2005, is amended to read as follows:
13 17 c. The department shall assign an applicant for a driver's
13 18 license a distinguishing driver's license number other than
13 19 the applicant's social security number, unless the applicant
13 20 requests that the applicant's social security number be so
13 21 assigned.
13 22 Sec. 27. Section 321.190, subsection 1, paragraph a, Code
13 23 2005, is amended to read as follows:
13 24 a. The department shall, upon application and payment of
13 25 the required fee, issue to an applicant a nonoperator's
13 26 identification card. To be valid the card shall bear a
13 27 distinguishing number other than a social security number
13 28 assigned to the card holder, the full name, date of birth,
13 29 sex, residence address, a physical description and a colored
13 30 photograph of the card holder, the usual signature of the card
13 31 holder, and such other information as the department may
13 32 require by rule. An applicant for a nonoperator's
13 33 identification card shall apply for the card in the manner
13 34 provided in section 321.182, subsections 1 through 3. The
13 35 card shall be issued to the applicant at the time of
14 1 application pursuant to procedures established by rule. An
14 2 applicant for a nonoperator's identification card who is
14 3 required by 50 U.S.C. app. } 451 et seq. to register with the
14 4 United States selective service system shall be registered by
14 5 the department with the selective service system as provided
14 6 in section 321.183.
14 7 Sec. 28. Section 321.208, subsection 2, paragraph d, Code
14 8 Supplement 2005, is amended to read as follows:
14 9 d. A felony or aggravated misdemeanor involving the use of
14 10 a commercial motor vehicle other than an offense involving
14 11 manufacturing, distributing, or dispensing a controlled
14 12 substance.
14 13 Sec. 29. Section 321.430, subsection 3, Code 2005, is
14 14 amended to read as follows:
14 15 3. Every trailer, or semitrailer, or travel trailer of a
14 16 gross weight of three thousand pounds or more, and every
14 17 trailer coach or travel trailer of a gross weight of three
14 18 thousand pounds or more intended for use for human habitation,
14 19 when operated on the highways of this state, shall be equipped
14 20 with brakes adequate to control the movement of and to stop
14 21 and hold such vehicle, and so designed as to be applied by the
14 22 driver of the towing motor vehicle from its cab, when operated
14 23 on the highways of this state. Every trailer, semitrailer, or
14 24 travel trailer with a gross weight of three thousand pounds or
14 25 more shall be equipped with a separate, auxiliary means of
14 26 applying the brakes on the trailer, semitrailer, or travel
14 27 trailer from the cab of the towing vehicle, or with self=
14 28 actuating brakes, and shall also be equipped with a weight
14 29 equalizing hitch with a sway control. Every semitrailer,
14 30 travel trailer, or trailer coach of a gross weight of three
14 31 thousand pounds or more shall be equipped with a separate,
14 32 auxiliary means of applying the brakes on the semitrailer,
14 33 travel trailer, or trailer coach from the cab of the towing
14 34 vehicle. Trailers or semitrailers with a truck or truck
14 35 tractor need only comply with the brake requirements.
15 1 Sec. 30. Section 321.457, subsection 1, Code Supplement
15 2 2005, is amended to read as follows:
15 3 1. A combination of four vehicles is not allowed on the
15 4 highways of this state, except for power units saddle mounted
15 5 on other power units which shall be restricted to a maximum
15 6 overall length of seventy=five ninety=seven feet.
15 7 Sec. 31. Section 321.457, subsection 2, Code Supplement
15 8 2005, is amended by adding the following new paragraph:
15 9 NEW PARAGRAPH. m. Notwithstanding any other provision of
15 10 this chapter, and to the extent allowed under federal law, the
15 11 maximum length of a towaway trailer transporter combination
15 12 operated on the highways of this state is eighty=five feet.
15 13 For purposes of this paragraph, "towaway trailer transporter
15 14 combination" means a combination of vehicles consisting of a
15 15 towing vehicle and two unladen trailers or unladen
15 16 semitrailers in which the trailers or semitrailers constitute
15 17 inventory property of the manufacturer intended for sale and
15 18 which are being transported from a trailer manufacturer to a
15 19 trailer distributor or authorized trailer dealer.
15 20 Sec. 32. Section 321A.5, subsection 1, Code 2005, is
15 21 amended to read as follows:
15 22 1. The department shall, immediately or within sixty days
15 23 after the receipt of a report of a motor vehicle accident
15 24 within this state which has resulted in bodily injury or death
15 25 or damage to the property of any one person in excess the
15 26 amount of one thousand dollars or more, suspend the license of
15 27 each operator and all registrations of each owner of a motor
15 28 vehicle in any manner involved in the accident, and if the
15 29 operator is a nonresident the privilege of operating a motor
15 30 vehicle within this state, and if the owner is a nonresident
15 31 the privilege of the use within this state of any motor
15 32 vehicle owned by the owner, unless the operator or owner or
15 33 both shall deposit security in a sum which shall be sufficient
15 34 in the judgment of the department to satisfy any judgment or
15 35 judgments for damages resulting from the accident as may be
16 1 recovered against the operator or owner; provided notice of
16 2 the suspension shall be sent by the department to the operator
16 3 and owner not less than ten days prior to the effective date
16 4 of the suspension and shall state the amount required as
16 5 security.
16 6 Sec. 33. Section 321L.2, subsection 1, paragraph a,
16 7 unnumbered paragraph 1, Code Supplement 2005, is amended to
16 8 read as follows:
16 9 A resident of the state with a disability desiring a
16 10 persons with disabilities parking permit shall apply to the
16 11 department upon an application form furnished by the
16 12 department providing the applicant's full legal name, address,
16 13 date of birth, and social security number or Iowa driver's
16 14 license number or Iowa nonoperator's identification card
16 15 number, and shall also provide a statement from a physician
16 16 licensed under chapter 148, 149, 150, or 150A, a physician
16 17 assistant licensed under chapter 148C, an advanced registered
16 18 nurse practitioner licensed under chapter 152, or a
16 19 chiropractor licensed under chapter 151, or a physician,
16 20 physician assistant, nurse practitioner, or chiropractor
16 21 licensed to practice in a contiguous state, written on the
16 22 physician's, physician assistant's, nurse practitioner's, or
16 23 chiropractor's stationery, stating the nature of the
16 24 applicant's disability and such additional information as
16 25 required by rules adopted by the department under section
16 26 321L.8. If the person is applying for a temporary persons
16 27 with disabilities parking permit, the physician's, physician
16 28 assistant's, nurse practitioner's, or chiropractor's statement
16 29 shall state the period of time during which the person is
16 30 expected to be disabled and the period of time for which the
16 31 permit should be issued, not to exceed six months.
16 32 Sec. 34. Section 322.3, subsection 14, paragraph d, Code
16 33 2005, is amended to read as follows:
16 34 d. A manufacturer of motor homes, as defined in section
16 35 321.1, or a manufacturer of school buses, as defined in
17 1 section 321.1, from owning an interest in, operating, or
17 2 controlling a motor vehicle dealer of the motor homes or
17 3 school buses manufactured by that manufacturer or from being
17 4 licensed as a motor vehicle dealer only of the motor homes or
17 5 school buses manufactured by that manufacturer.
17 6 Sec. 35. Section 322.5, subsection 2, paragraph b, Code
17 7 Supplement 2005, is amended to read as follows:
17 8 b. An application for a temporary permit under this
17 9 subsection shall be made upon a form provided by the
17 10 department and shall be accompanied by a ten dollar permit
17 11 fee. The department may issue a temporary permit for a period
17 12 not to exceed fourteen days. The department may issue
17 13 multiple consecutive temporary permits.
17 14 Sec. 36. Section 322.27A, unnumbered paragraph 1, Code
17 15 2005, is amended to read as follows:
17 16 A person shall not engage in business as a wholesaler of
17 17 new motor vehicles in this state without a license as provided
17 18 in this chapter.
17 19 Sec. 37. Section 322.29, subsection 2, paragraph c, Code
17 20 2005, is amended by striking the paragraph.
17 21 Sec. 38. Section 322B.3, subsection 4, Code 2005, is
17 22 amended to read as follows:
17 23 4. PERMITS FOR FAIRS, SHOWS, AND EXHIBITIONS.
17 24 Manufactured or mobile home retailers, in addition to selling
17 25 homes at their principal place of business and lots, may, upon
17 26 receipt of a temporary permit approved by the department,
17 27 display and offer new manufactured homes for sale and
17 28 negotiate sales of new manufactured homes at fairs, shows, and
17 29 exhibitions. Application for temporary permits shall be made
17 30 upon forms provided by the department and shall be accompanied
17 31 by a ten dollar permit fee. Temporary permits shall be issued
17 32 for a period not to exceed fourteen days. The department may
17 33 issue multiple consecutive temporary permits.
17 34 Sec. 39. Section 322C.3, subsection 9, Code 2005, is
17 35 amended to read as follows:
18 1 9. A travel trailer dealer may display new travel trailers
18 2 at fairs, shows, and exhibitions on any day of the week as
18 3 provided in this subsection. Travel trailer dealers, in
18 4 addition to selling travel trailers at their principal place
18 5 of business and lots, may, upon receipt of a temporary permit
18 6 approved by the department, display and offer new travel
18 7 trailers for sale and negotiate sales of new travel trailers
18 8 at fairs, shows, and exhibitions. Application for temporary
18 9 permits shall be made upon forms provided by the department
18 10 and shall be accompanied by a ten dollar permit fee.
18 11 Temporary permits shall be issued for a period not to exceed
18 12 fourteen days. The department may issue multiple consecutive
18 13 temporary permits.
18 14 Sec. 40. Section 326.2, subsection 14, Code 2005, is
18 15 amended to read as follows:
18 16 14. The words "vehicle," "motor vehicle," "motor truck,"
18 17 "truck tractor," "road tractor," "trailer," "semitrailer,"
18 18 "trailer coach," "combination" or "combination of vehicles,"
18 19 "gross weight," "person," "owner," "nonresident," "street" or
18 20 "highway," and "auxiliary axle" shall have the meanings
18 21 ascribed in section 321.1.
18 22 DIVISION IV
18 23 VEHICLE BUSINESS LICENSING
18 24 Sec. 41. Section 321.58, Code 2005, is amended to read as
18 25 follows:
18 26 321.58 APPLICATION.
18 27 All dealers, transporters, new motor vehicle wholesalers
18 28 licensed under chapter 322, and manufactured or mobile home
18 29 retailers licensed under chapter 322B, upon payment of a fee
18 30 of seventy dollars for two years, one hundred forty dollars
18 31 for four years, or two hundred ten dollars for six years a
18 32 two=year period or part thereof, may make application to the
18 33 department upon the appropriate form for a certificate
18 34 containing a general distinguishing number and for one or more
18 35 special plates as appropriate to various types of vehicles
19 1 subject to registration. The applicant shall also submit
19 2 proof of the applicant's status as a bona fide transporter,
19 3 new motor vehicle wholesaler licensed under chapter 322,
19 4 manufactured or mobile home retailer licensed under chapter
19 5 322B, or dealer, as reasonably required by the department.
19 6 Dealers in new vehicles shall furnish satisfactory evidence of
19 7 a valid franchise with the manufacturer of the vehicles
19 8 authorizing the dealership.
19 9 Sec. 42. Section 321.60, Code 2005, is amended to read as
19 10 follows:
19 11 321.60 ISSUANCE OF SPECIAL PLATES.
19 12 The department shall also issue special plates as applied
19 13 for, which shall display the general distinguishing number
19 14 assigned to the applicant. Each plate so issued shall also
19 15 contain a number or symbol identifying the plate and
19 16 distinguishing it from every other plate bearing the same
19 17 general distinguishing number. The fee for each special plate
19 18 is forty dollars for two years, eighty dollars for four years,
19 19 or one hundred twenty dollars for six years a two=year period
19 20 or part thereof.
19 21 Special plates may be validated in the same manner as
19 22 regular registration plates under this chapter.
19 23 Sec. 43. Section 321.61, Code 2005, is amended to read as
19 24 follows:
19 25 321.61 EXPIRATION OF SPECIAL PLATES.
19 26 A special plate shall expire at midnight on the last day of
19 27 the last month of the dealer's license expiration period, and
19 28 upon application and payment of the fee the department shall
19 29 validate the special plate in the same manner as regular
19 30 registration plates December 31 of even=numbered years. A
19 31 person shall not be considered to be driving a vehicle with an
19 32 expired registration for one month following the expiration
19 33 date of the special plate.
19 34 Sec. 44. Section 321F.4, Code 2005, is amended to read as
19 35 follows:
20 1 321F.4 FEES AND EXPIRATION.
20 2 1. The license fee for a license to engage in the business
20 3 of leasing vehicles in this state is thirty dollars for a two=
20 4 year license, sixty dollars for a four=year license, and
20 5 ninety dollars for a six=year license period or part thereof,
20 6 to be paid at the time the application for a license is filed.
20 7 If the application is denied, the amount of the fee shall be
20 8 refunded to the applicant.
20 9 2. A license is valid for two years, four years, or six
20 10 years and expires on the last day of the last month of the
20 11 two=year, four=year, or six=year period, as applicable
20 12 December 31 of even=numbered years. A licensee shall have the
20 13 month of expiration and the month after the month of
20 14 expiration to renew the license. A person who fails to renew
20 15 a license by the end of this time period and desires to hold a
20 16 license shall file a new license application and pay the
20 17 required fee.
20 18 Sec. 45. Section 321H.4, subsection 2, unnumbered
20 19 paragraph 1, Code 2005, is amended to read as follows:
20 20 Application for a license as an authorized vehicle recycler
20 21 shall be made to the department on forms provided by the
20 22 department. The application shall be accompanied by a fee of
20 23 seventy dollars for a two=year license, one hundred forty
20 24 dollars for a four=year license, or two hundred ten dollars
20 25 for a six=year license period or part thereof. The license
20 26 shall be approved or disapproved within thirty days after
20 27 application for the license. A license is valid for two
20 28 years, four years, or six years and expires on the last day of
20 29 the last month of the two=year, four=year, or six=year period,
20 30 as applicable December 31 of even=numbered years. A licensee
20 31 shall have the month of expiration and the month after the
20 32 month of expiration to renew the license. A person who fails
20 33 to renew a license by the end of this time period and desires
20 34 to hold a license shall file a new license application and pay
20 35 the required fee. A separate license shall be obtained for
21 1 each county in which an applicant conducts operations.
21 2 Sec. 46. Section 322.5, subsection 1, unnumbered paragraph
21 3 1, Code Supplement 2005, is amended to read as follows:
21 4 The license fee for a motor vehicle dealer for a two=year
21 5 period or part thereof is the sum of seventy dollars for a
21 6 two=year license, one hundred forty dollars for a four=year
21 7 license, or two hundred ten dollars for a six=year license for
21 8 the licensee's principal place of business in each city or
21 9 township and an additional twenty dollars for two years, forty
21 10 dollars for four years, or sixty dollars for six years a two=
21 11 year period or part thereof for each car lot which is in the
21 12 city or township in which the principal place of business is
21 13 located and which is not adjacent to that place, to be paid to
21 14 the department at the time a license is applied for. In case
21 15 the application is denied, the department shall refund the
21 16 amount of the fee to the applicant. For the purposes of this
21 17 section "adjacent" means that the principal place of business
21 18 and each additional lot are adjoining parcels of property.
21 19 Sec. 47. Section 322.7, subsection 3, Code 2005, is
21 20 amended to read as follows:
21 21 3. The license of a motor vehicle dealer is valid for a
21 22 two=year, four=year, or six=year time period and expires,
21 23 unless revoked or suspended, on the last day of the last month
21 24 of the two=year, four=year, or six=year period, as applicable
21 25 December 31 of even=numbered years.
21 26 Sec. 48. Section 322.29, subsection 1, Code 2005, is
21 27 amended to read as follows:
21 28 1. Application for license shall be made to the department
21 29 by a manufacturer, distributor, or wholesaler, in a form and
21 30 containing information as the department requires and shall be
21 31 accompanied by the required license fee. The license shall be
21 32 granted or refused within thirty days after application, and
21 33 shall expire,. A license expires, unless sooner revoked or
21 34 suspended, on December 31 of the calendar year for which it is
21 35 granted even=numbered years. A licensee shall have the month
22 1 of December of the calendar year for which the license was
22 2 granted and the following month of January expiration and the
22 3 month after the month of expiration to renew the license. A
22 4 person who fails to renew a license by the end of this time
22 5 period and desires to hold a license shall file a new license
22 6 application and pay the required fee.
22 7 Sec. 49. Section 322.29, subsection 2, unnumbered
22 8 paragraph 1, Code 2005, is amended to read as follows:
22 9 License fees for each calendar year, two=year period or
22 10 part thereof, shall be are as follows effective January 1,
22 11 1998:
22 12 Sec. 50. Section 322.29, subsection 2, paragraphs a and b,
22 13 Code 2005, are amended to read as follows:
22 14 a. For a motor vehicle manufacturer, thirty=five seventy
22 15 dollars.
22 16 b. For a new motor vehicle distributor or wholesaler,
22 17 twenty forty dollars.
22 18 Sec. 51. Section 322B.3, subsection 2, Code 2005, is
22 19 amended to read as follows:
22 20 2. LICENSE FEES. The license fee for a manufactured or
22 21 mobile home retailer is seventy dollars for a two=year
22 22 license, one hundred forty dollars for a four=year license, or
22 23 two hundred ten dollars for a six=year license period or part
22 24 thereof. If the application is denied, the department shall
22 25 refund the fee. Fees and funds accruing from the
22 26 administration of this chapter shall be accounted for and paid
22 27 by the department to the treasurer of state monthly for
22 28 deposit in the road use tax fund of the state.
22 29 Sec. 52. Section 322B.4, Code 2005, is amended to read as
22 30 follows:
22 31 322B.4 LICENSE APPLICATION AND FEES.
22 32 Upon application and payment of a thirty=five seventy
22 33 dollar fee for a two=year period or part thereof, a person may
22 34 be licensed as a manufacturer or distributor of manufactured
22 35 or mobile homes. The application shall be in the form and
23 1 shall contain information as the department prescribes. The
23 2 license shall be granted or refused within thirty days after
23 3 application. The license expires, unless sooner revoked or
23 4 suspended by the department, on December 31 of the calendar
23 5 year for which the license was granted even=numbered years. A
23 6 licensee shall have the month of December of the calendar year
23 7 for which the license was granted and the following month of
23 8 January expiration and the month after the month of expiration
23 9 to renew the license. A person who fails to renew a license
23 10 by the end of this time period and desires to hold a license
23 11 shall file a new license application and pay the required fee.
23 12 Sec. 53. Section 322C.4, subsection 1, unnumbered
23 13 paragraph 1, Code 2005, is amended to read as follows:
23 14 Upon application and payment of a fee, a person may be
23 15 licensed as a travel trailer dealer. The license fee is
23 16 seventy dollars for a two=year license, one hundred forty
23 17 dollars for a four=year license, or two hundred ten dollars
23 18 for a six=year license period or part thereof. The person
23 19 shall pay an additional fee of twenty dollars for two years,
23 20 forty dollars for four years, or sixty dollars for six years a
23 21 two=year period or part thereof for each travel trailer lot in
23 22 addition to the principal place of business unless the lot is
23 23 adjacent to the principal place of business. For purposes of
23 24 this subsection, "adjacent" means that the principal place of
23 25 business and each additional lot are adjoining parcels of
23 26 property. The applicant shall file in the office of the
23 27 department a verified application for license as a travel
23 28 trailer dealer in the form the department prescribes, which
23 29 shall include the following:
23 30 Sec. 54. Section 322C.4, subsection 2, Code 2005, is
23 31 amended to read as follows:
23 32 2. The license shall be granted or refused within thirty
23 33 days after application. A license is valid for a two=year,
23 34 four=year, or six=year period and expires, unless revoked or
23 35 suspended by the department, on the last day of the last month
24 1 of the two=year, four=year, or six=year period, as applicable
24 2 December 31 of even=numbered years. A licensee shall have the
24 3 month of expiration and the month after the month of
24 4 expiration to renew the license. A person who fails to renew
24 5 a license by the end of this time period and desires to hold a
24 6 license shall file a new license application and pay the
24 7 required fee. A separate license shall be obtained for each
24 8 county in which an applicant does business as a travel trailer
24 9 dealer.
24 10 Sec. 55. Section 322C.9, Code 2005, is amended to read as
24 11 follows:
24 12 322C.9 LICENSE APPLICATION AND FEES.
24 13 Upon application and payment of a thirty=five=dollar fee
24 14 seventy dollar fee for a two=year period or part thereof, a
24 15 person may be licensed as a manufacturer or distributor of
24 16 travel trailers. The application shall be in the form and
24 17 shall contain information as the department prescribes. The
24 18 license shall be granted or refused within thirty days after
24 19 application. The license expires, unless sooner revoked or
24 20 suspended by the department, on December 31 of the calendar
24 21 year for which the license was granted of even=numbered years.
24 22 A licensee shall have the month of December of the calendar
24 23 year for which the license was granted and the following month
24 24 of January expiration and the month after the month of
24 25 expiration to renew the license. A person who fails to renew
24 26 a license by the end of this time period and desires to hold a
24 27 license shall file a new license application and pay the
24 28 required fee.
24 29 Sec. 56. EFFECTIVE DATE AND DISPOSITION OF EXCESS FEES.
24 30 1. This division of this Act takes effect January 1, 2007.
24 31 2. Due to the transition to two=year licensing periods
24 32 provided for in this division of this Act, the state
24 33 department of transportation shall provide a credit for excess
24 34 license fees paid pursuant to section 321F.4, 321H.4, 322.5,
24 35 322.29, 322B.3, 322B.4, 322C.4, or 322C.9 by any licensee
25 1 prior to January 1, 2007. The department shall also provide a
25 2 credit for excess fees paid by a vehicle dealer, transporter,
25 3 or manufacturer for a distinguishing number and special plates
25 4 pursuant to section 321.58 or 321.60 prior to January 1, 2007.
25 5 EXPLANATION
25 6 This bill amends Code provisions relating to administrative
25 7 duties of the state department of transportation,
25 8 administration of highways, and regulation of motor vehicles.
25 9 Division I of the bill concerns the administration of
25 10 highways. The bill removes restrictions on the placement of
25 11 official signs within an adjacent area or in the right=of=way
25 12 of a primary highway. The erection of such official signage
25 13 by a public officer or agency will no longer require a permit
25 14 from the department.
25 15 The bill requires the department, counties, cities, and
25 16 other public entities having jurisdiction over public roads to
25 17 each be responsible for safety inspection and evaluation of
25 18 highway bridges under the entity's jurisdiction pursuant to
25 19 the national bridge inspection standards.
25 20 Division II of the bill requires the director of
25 21 transportation to present the department's proposed budget to
25 22 the state transportation commission before December 31 each
25 23 year.
25 24 Division III of the bill concerns the regulation of motor
25 25 vehicles.
25 26 The bill strikes the definition and use of the term
25 27 "trailer coach" from Code chapters 321 and 326.
25 28 The bill amends the definitions of "motorized bicycle" and
25 29 "bicycle" in Code section 321.1 to specify that a device with
25 30 pedals and a one=horsepower electric motor is a bicycle,
25 31 rather than a motorized bicycle, for purposes of motor vehicle
25 32 regulation. The bill deletes the defined term "motor bicycle"
25 33 from the Code in favor of the term "motorized bicycle". The
25 34 bill provides a clarification in Code section 321.30 that only
25 35 vehicles certified and labeled as meeting federal motor
26 1 vehicle safety standards are eligible for registration and
26 2 titling in this state.
26 3 The bill amends Code section 321.18 to exempt temporary
26 4 undercarriages used solely to transport manufactured and
26 5 modular homes from vehicle registration requirements.
26 6 The bill amends Code section 321.42 to provide that when a
26 7 motor vehicle registration plate is lost during a documented
26 8 accident, the county treasurer or the department may waive the
26 9 $5 fee for a replacement plate.
26 10 The bill amends Code section 321.20, 321.46, and 321.126 to
26 11 allow registration fee refunds to be made to lessees who have
26 12 surrendered their vehicles upon termination of a lease. In
26 13 addition, the bill provides that a lessee who purchases a
26 14 vehicle upon termination of the lease has 30 days to claim a
26 15 registration fee credit and assignment of the registration
26 16 plates from the lessor. Currently, the deadline for filing
26 17 such a claim is 15 days from the date of purchase. The bill
26 18 amends Code section 321.57 to allow a dealer that leases
26 19 vehicles to transport such vehicles for delivery to an owner
26 20 or to auction using special dealer registration plates.
26 21 Code section 321.52 is amended to exempt salvage vehicles
26 22 with a gross vehicle weight rating of 30,000 pounds or more
26 23 from the salvage theft examination and certificate required
26 24 for regular titling after the vehicle has been repaired.
26 25 Code section 321.176A is amended to exempt from commercial
26 26 driver licensing requirements farmers and persons working for
26 27 a farmer when operating a commercial motor vehicle controlled
26 28 by the farmer within 150 miles of the farm. Current law
26 29 requires that the commercial motor vehicle be owned by the
26 30 farmer.
26 31 The bill amends Code sections 321.180 and 321.180B to
26 32 extend the period of validity of driver instruction permits
26 33 from two years to four years for both minor and adult
26 34 permittees.
26 35 The bill revises the standard for a clean driving record
27 1 under the graduated driver licensing provisions by focusing on
27 2 violations, rather than convictions. The bill requires that a
27 3 permittee be accident and violation free for six months
27 4 immediately preceding application for an intermediate license
27 5 and that an intermediate licensee be accident and violation
27 6 free during the 12=month period preceding application for a
27 7 full license. The same standards apply to a person who is in
27 8 a remedial phase of the graduated licensing program. The bill
27 9 broadens the scope of the remedial driver improvement and
27 10 sanction provisions to include persons who have been issued a
27 11 full driver's license at age 17.
27 12 The bill prohibits a person who has been issued a
27 13 commercial driver's instruction permit from operating a
27 14 commercial vehicle transporting certain hazardous materials.
27 15 The amendment to Code section 321.188 requires a person who
27 16 applies for issuance, renewal, or upgrading of a commercial
27 17 driver's license to identify all states where the applicant
27 18 has been licensed to drive during the previous 10 years.
27 19 The bill amends Code sections 321.189 and 321.190 to
27 20 expressly prohibit the use of a social security number as the
27 21 distinguishing number on a driver's license or nonoperator's
27 22 identification card. Currently, the social security number
27 23 can be used at the option of the licensee or card holder.
27 24 Code section 321.208 is amended to correct language
27 25 relating to commercial driver's license sanctions mandated by
27 26 federal law providing that if a person is found by conviction
27 27 or final administrative action to have committed a felony or
27 28 aggravated misdemeanor involving the use of any motor vehicle
27 29 while the person held a commercial driver's license, other
27 30 than an offense involving manufacturing, distributing, or
27 31 dispensing a controlled substance, the person is disqualified
27 32 from operating a commercial motor vehicle for one year.
27 33 Code section 321.430 is amended to clarify that a trailer,
27 34 semitrailer, or travel trailer with a gross weight of 3,000
27 35 pounds or more must be equipped with either a separate,
28 1 auxiliary means of applying the brakes from the cab of the
28 2 towing vehicle or with self=actuating brakes.
28 3 Code section 321.457 is amended to increase the maximum
28 4 length allowed for a combination of four vehicles consisting
28 5 of power units saddle mounted on other power units to 97 feet,
28 6 from the current maximum of 75 feet. In addition, the bill
28 7 provides a maximum length of 85 feet for a towaway trailer
28 8 transporter combination, which is a combination of vehicles
28 9 consisting of a towing vehicle and two unladen trailers or
28 10 semitrailers that are inventory property of a manufacturer and
28 11 being transported by the manufacturer to a distributor or
28 12 dealer. Currently, Iowa law allows a maximum overall length of
28 13 75 feet for such a combination of vehicles. The extension of
28 14 the maximum length for towaway trailer transporter
28 15 combinations is subject to the passage of federal law that
28 16 would permit the 85=foot limit.
28 17 Code section 321A.5 is amended to provide that property
28 18 damage of $1,000 or more sustained in a motor vehicle accident
28 19 triggers the security requirements under the motor vehicle
28 20 financial responsibility law. Under current law, the damage
28 21 amount must be in excess of $1,000. This amendment makes the
28 22 damage amount consistent with the amount requiring submission
28 23 of an accident report under Code section 321.266.
28 24 Code section 321L.2 is amended to modify the application
28 25 requirements for a persons with disabilities parking permit by
28 26 requiring the applicant's Iowa driver's license or
28 27 nonoperator's identification card number, or the applicant's
28 28 social security number, which is currently required.
28 29 The bill removes an obsolete reference to licensed school
28 30 bus manufacturers in Code section 322.2 relating to motor
28 31 vehicle dealer regulation.
28 32 Code sections 322.5, 322B.3, and 322C.3 are amended to
28 33 allow the department to issue multiple consecutive temporary
28 34 permits to motor vehicle manufacturers, distributors, and
28 35 dealers, manufactured and mobile home retailers, and travel
29 1 trailer dealers to do business at fairs, shows, and
29 2 exhibitions. Each permit is issued for 14 days for a fee of
29 3 $10.
29 4 Code sections 322.27A and 322.29 are amended to eliminate
29 5 licensing requirements for used motor vehicle distributors and
29 6 wholesalers.
29 7 Division IV of the bill concerns the licensing of motor
29 8 vehicle dealers, manufacturers, distributors, and wholesalers;
29 9 authorized vehicle recyclers; persons engaged in the business
29 10 of leasing vehicles; manufactured or mobile home retailers and
29 11 manufacturers; and travel trailer dealers, manufacturers, and
29 12 distributors. The bill provides that effective January 1,
29 13 2007, licenses for these entities would all be issued for two=
29 14 year periods that begin on January 1 of odd=numbered years and
29 15 end on December 31 of even=numbered years. Currently, some
29 16 licenses are issued for two, four, or six years, and some are
29 17 issued for one year. License fees are not changed, but the
29 18 fees would be collected in two=year increments. The two=year
29 19 period would also apply to the fees for distinguishing numbers
29 20 and special registration plates issued to vehicle dealers,
29 21 transporters, and manufacturers. Licensees who have paid fees
29 22 based on longer licensing periods prior to January 1, 2007,
29 23 would be credited for the excess fees.
29 24 LSB 6420HC 81
29 25 dea:nh/cf/24