Senate Study Bill 3088 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            TRANSPORTATION BILL)


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

                                      A BILL FOR

  1 An Act relating to regulation of commercial motor vehicle
  2    operators by the state department of transportation and
  3    providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5462DP 82
  6 dea/nh/8

PAG LIN



  1  1    Section 1.  Section 321.1, subsection 11, Code 2007, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  f.  "Employer" means any person, including
  1  4 the United States, a state, the District of Columbia, or a
  1  5 political subdivision of a state, who owns or leases a
  1  6 commercial motor vehicle or assigns an employee to operate
  1  7 such a vehicle.
  1  8    Sec. 2.  Section 321.1, subsection 11, paragraphs f, g, and
  1  9 h, Code 2007, are amended to read as follows:
  1 10    f. g.  "Foreign jurisdiction" means a jurisdiction outside
  1 11 the fifty United States, the District of Columbia, and Canada.
  1 12    g. h.  "Nonresident commercial driver's license" means a
  1 13 commercial driver's license issued to a person who is not a
  1 14 resident of the United States or Canada.
  1 15    h. i.  "Tank vehicle" means a commercial motor vehicle that
  1 16 is designed to transport any liquid or gaseous materials
  1 17 within a tank having a rated capacity of one thousand one or
  1 18 more gallons that is either permanently or temporarily
  1 19 attached to the vehicle or chassis.  For purposes of this
  1 20 paragraph, "tank" does not include a portable tank with a
  1 21 rated capacity of less than one thousand gallons or a
  1 22 permanent tank with a rated capacity of one hundred nineteen
  1 23 gallons or less.
  1 24    Sec. 3.  Section 321.1, subsection 15, Code 2007, is
  1 25 amended to read as follows:
  1 26    15.  "Conviction" means a final conviction, a final
  1 27 administrative ruling or determination, or an unvacated
  1 28 forfeiture of bail or collateral deposited to secure a
  1 29 person's appearance in court.
  1 30    Sec. 4.  Section 321.1, subsection 42, paragraph a, Code
  1 31 2007, is amended to read as follows:
  1 32    a.  "Motor vehicle" means a vehicle which is
  1 33 self=propelled, but not including vehicles known as trackless
  1 34 trolleys which are propelled by electric power obtained from
  1 35 overhead trolley wires and are not operated upon rails.
  2  1    Sec. 5.  Section 321.208, subsection 1, paragraph d, Code
  2  2 2007, is amended to read as follows:
  2  3    d.  Operating a commercial motor vehicle involved in a
  2  4 fatal accident and being convicted of a moving traffic
  2  5 violation that contributed to the fatality, or manslaughter or
  2  6 vehicular homicide.
  2  7    Sec. 6.  Section 321.208, subsection 6, Code 2007, is
  2  8 amended to read as follows:
  2  9    6.  A person is disqualified from operating a commercial
  2 10 motor vehicle if the person receives convictions for
  2 11 committing within any three=year period two or more of the
  2 12 following offenses while operating a commercial motor vehicle
  2 13 or while operating a noncommercial motor vehicle and holding a
  2 14 commercial driver's license if the convictions result in the
  2 15 revocation, cancellation, or suspension of the person's
  2 16 commercial driver's license or noncommercial motor vehicle
  2 17 driving privileges:
  2 18    a.  Operating a commercial motor vehicle upon a highway
  2 19 when not issued a commercial driver's license.
  2 20    b.  Operating a commercial motor vehicle upon a highway
  2 21 when not issued the proper class of commercial driver's
  2 22 license or endorsements for the specific vehicle group being
  2 23 operated or for the passengers or type of cargo being
  2 24 transported.
  2 25    c.  Operating a commercial motor vehicle upon a highway
  2 26 without immediate possession of a driver's license valid for
  2 27 the vehicle operated.
  2 28    d.  Speeding fifteen miles per hour or more over the legal
  2 29 speed limit.
  2 30    e.  Reckless driving.
  2 31    f.  Any violation of the traffic laws, except a parking
  2 32 violation or a vehicle weight violation, which arises in
  2 33 connection with a fatal traffic accident.
  2 34    g.  Following another motor vehicle too closely.
  2 35    h.  Improper lane changes in violation of section 321.306.
  3  1    Sec. 7.  Section 321.208, subsection 7, Code 2007, is
  3  2 amended by striking the subsection.
  3  3    Sec. 8.  Section 321.208, subsection 8, Code 2007, is
  3  4 amended to read as follows:
  3  5    8.  The period of disqualification under subsections
  3  6 subsection 6 and 7 shall be sixty days for two offenses within
  3  7 any three=year period and one hundred twenty days for three
  3  8 offenses within any three=year period.  Multiple periods of
  3  9 disqualification shall be consecutive.
  3 10    Sec. 9.  Section 321.208, subsection 10, paragraph a, Code
  3 11 2007, is amended to read as follows:
  3 12    a.  For ninety days no less than one hundred eighty days
  3 13 and no more than one year upon conviction for the first
  3 14 violation of an out=of=service order; for one year, no less
  3 15 than two and not more than five years upon conviction for a
  3 16 second violation of an out=of=service order in separate
  3 17 incidents within a ten=year period; and for not less than
  3 18 three and not more than five years upon conviction for a third
  3 19 or subsequent violation of an out=of=service order in separate
  3 20 incidents within a ten=year period.
  3 21    Sec. 10.  Section 321.208A, Code 2007, is amended to read
  3 22 as follows:
  3 23    321.208A  OPERATION IN VIOLATION OF OUT=OF=SERVICE ORDER ==
  3 24 PENALTY PENALTIES.
  3 25    1.  A person required to hold a commercial driver's license
  3 26 to operate a commercial motor vehicle shall not operate a
  3 27 commercial motor vehicle on the highways of this state in
  3 28 violation of an out=of=service order issued by a peace officer
  3 29 for a violation of the out=of=service rules adopted by the
  3 30 department.  A driver who violates an out=of service order
  3 31 shall be subject to a fine of not less than two thousand five
  3 32 hundred dollars upon conviction for the first violation of an
  3 33 out=of=service order and not less than five thousand dollars
  3 34 for a second or subsequent violation of an out=of=service
  3 35 order in separate incidents within a ten=year period.
  4  1    2.  An employer shall not knowingly allow, require, permit,
  4  2 or authorize an employee to drive a commercial motor vehicle
  4  3 in violation of such an out=of=service order.  A person who
  4  4 violates this section shall be subject to a scheduled fine of
  4  5 one hundred dollars under section 805.8A, subsection 13,
  4  6 paragraph "c". An employer who violates this subsection shall
  4  7 be subject to a fine of not less than two thousand seven
  4  8 hundred fifty dollars and not more than twenty=five thousand
  4  9 dollars.
  4 10    Sec. 11.  NEW SECTION.  321.343A  EMPLOYER VIOLATIONS ==
  4 11 PENALTY.
  4 12    An employer shall not knowingly allow, require, permit, or
  4 13 authorize a driver to operate a commercial motor vehicle in
  4 14 violation of section 321.341 or 321.343 or any other federal
  4 15 or local law or regulation pertaining to railroad grade
  4 16 crossings.  An employer who violates this section shall be
  4 17 subject to a fine of not more than ten thousand dollars.
  4 18    Sec. 12.  Section 321.344A, subsection 2, Code 2007, is
  4 19 amended to read as follows:
  4 20    2.  A peace officer may initiate an investigation not more
  4 21 than seven calendar days after receiving a report of a
  4 22 violation pursuant to this section.  The peace officer may
  4 23 request that the owner of the vehicle supply information
  4 24 identifying the driver of the vehicle in accordance with
  4 25 section 321.484, or in the case of a commercial motor vehicle,
  4 26 the peace officer may request that the employer of the driver
  4 27 provide information identifying the driver of the vehicle.
  4 28    a.  If from the investigation, the peace officer is able to
  4 29 identify the driver of the vehicle and has reasonable cause to
  4 30 believe a violation has occurred, the peace officer shall
  4 31 prepare a uniform traffic citation for the violation and shall
  4 32 serve it personally or by certified mail on the driver of the
  4 33 vehicle.
  4 34    b.  If, from the investigation, the peace officer has
  4 35 reasonable cause to believe that a violation occurred but is
  5  1 unable to identify the driver, the peace officer shall serve a
  5  2 uniform traffic citation for the violation on the owner of the
  5  3 motor vehicle or, in the case of a commercial motor vehicle,
  5  4 on the employer of the driver.  Notwithstanding section
  5  5 321.484, in a proceeding where the peace officer who conducted
  5  6 the investigation was not able to identify the driver of the
  5  7 motor vehicle, proof that the motor vehicle described in the
  5  8 uniform traffic citation was used to commit the violation of
  5  9 section 321.341, 321.342, 321.343, or 321.344, together with
  5 10 proof that the defendant named in the citation was the owner
  5 11 of the motor vehicle or, in the case of a commercial motor
  5 12 vehicle, the employer of the driver, at the time the violation
  5 13 occurred, constitutes a permissible inference that the owner
  5 14 or employer was the driver person who committed the violation.
  5 15    c.  For purposes of this subsection, "owner" means a person
  5 16 who holds the legal title to a motor vehicle; however, if the
  5 17 motor vehicle is the subject of a security agreement with a
  5 18 right of possession in the debtor, the debtor shall be deemed
  5 19 the owner for purposes of this subsection, or if the motor
  5 20 vehicle is leased as defined in section 321.493, the lessee
  5 21 shall be deemed the owner for purposes of this subsection.
  5 22    Sec. 13.  Section 805.8A, subsection 13, paragraph c, Code
  5 23 2007, is amended to read as follows:
  5 24    c.  For violations under sections 321.208A, 321.364,
  5 25 321.450, 321.460, and 452A.52, the scheduled fine is one
  5 26 hundred dollars.
  5 27                           EXPLANATION
  5 28    This bill contains provisions relating to commercial motor
  5 29 vehicle regulation by the department of transportation that
  5 30 conform Iowa law more closely to federal law.
  5 31    For purposes of administering and enforcing commercial
  5 32 driver's license provisions, the bill defines the term
  5 33 "employer" to mean any person who owns or leases a commercial
  5 34 motor vehicle or assigns employees to operate such a vehicle,
  5 35 and the bill amends the definition of "tank vehicle" to
  6  1 exclude portable tanks with a rated capacity of less than
  6  2 1,000 gallons and permanent tanks with a rated capacity of 119
  6  3 gallons or less.  The definition of "conviction", which
  6  4 applies for purposes of motor vehicle regulation generally, is
  6  5 amended to include a final administrative ruling or
  6  6 determination, and the definition of "motor vehicle" is
  6  7 amended to eliminate an obsolete reference to trackless
  6  8 trolleys.
  6  9    The bill combines language relating to disqualification
  6 10 from operating a commercial motor vehicle if the person
  6 11 receives convictions within a three=year period for two or
  6 12 more offenses committed while operating either a commercial
  6 13 motor vehicle or a noncommercial motor vehicle and holding a
  6 14 commercial motor driver's license.  The new language provides
  6 15 that multiple periods of disqualification shall be applied
  6 16 consecutively.
  6 17    The bill imposes civil penalties in place of a $100
  6 18 scheduled fine for violations of commercial motor vehicle
  6 19 out=of=service orders.  A driver who violates an
  6 20 out=of=service order is subject to a fine of not less than
  6 21 $2,500 upon conviction for a first violation and not less than
  6 22 $5,000 upon conviction for a second or subsequent violation
  6 23 within a 10=year period.  An employer who knowingly allows,
  6 24 requires, permits, or authorizes an employee to drive a
  6 25 commercial motor vehicle in violation of an out=of=service
  6 26 order is subject to a fine of not less than $2,750 and not
  6 27 more than $25,000.
  6 28    The bill provides that employers shall not knowingly allow,
  6 29 require, permit, or authorize a commercial motor vehicle
  6 30 operator to violate provisions relating to railroad=highway
  6 31 grade crossings.  The penalty imposed on employers for a
  6 32 violation is a fine of not more than $10,000.
  6 33    The bill amends an existing provision relating to
  6 34 violations committed by drivers for failure to stop at
  6 35 railroad crossings.  Under current law, if a peace officer is
  7  1 unable to identify the driver of such a vehicle, a citation
  7  2 may be issued to the owner of the vehicle.  The bill expands
  7  3 that provision to allow the citation to be issued to the
  7  4 employer of the driver if the motor vehicle involved is a
  7  5 commercial motor vehicle.
  7  6 LSB 5462DP 82
  7  7 dea/nh/8.1