House File 2198 - Introduced HOUSE FILE 2198 BY SANDS and WINDSCHITL A BILL FOR An Act relating to the registration and regulation of 1 motorsports recreational vehicles, recreational vehicle 2 operators, and recreational vehicle cargo, and including 3 fees. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5577YH (4) 85 dea/nh
H.F. 2198 Section 1. Section 321.1, subsection 8, Code 2014, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . i. A person operating a motorsports 3 recreational vehicle is not a chauffeur. 4 Sec. 2. Section 321.1, subsection 36C, Code 2014, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . e. “Motorsports recreational vehicle” means a 7 modified motor vehicle consisting of a conversion unit mounted 8 on a truck tractor chassis such that the motor vehicle can 9 be used as a conveyance on the highway and as a temporary or 10 recreational dwelling. The motor vehicle must have at least 11 four of the permanently installed systems listed in paragraph 12 “d” , two of which shall be systems specified in paragraph “d” , 13 subparagraph (1), (4), or (5). 14 Sec. 3. Section 321.109, subsection 1, paragraph a, Code 15 2014, is amended to read as follows: 16 a. The annual fee for all motor vehicles including vehicles 17 designated by manufacturers as station wagons, 1993 and 18 subsequent model year multipurpose vehicles, and 2010 and 19 subsequent model year motor trucks with an unladen weight of 20 ten thousand pounds or less, except motor trucks registered 21 under section 321.122 , business-trade trucks, special trucks, 22 motor homes, motorsports recreational vehicles, ambulances, 23 hearses, motorcycles, motorized bicycles, and 1992 and older 24 model year multipurpose vehicles, shall be equal to one 25 percent of the value as fixed by the department plus forty 26 cents for each one hundred pounds or fraction thereof of 27 weight of vehicle, as fixed by the department. The weight 28 of a motor vehicle, fixed by the department for registration 29 purposes, shall include the weight of a battery, heater, 30 bumpers, spare tire, and wheel. Provided, however, that for 31 any new vehicle purchased in this state by a nonresident 32 for removal to the nonresident’s state of residence the 33 purchaser may make application to the county treasurer in 34 the county of purchase for a transit plate for which a fee 35 -1- LSB 5577YH (4) 85 dea/nh 1/ 6
H.F. 2198 of ten dollars shall be paid. And provided, however, that 1 for any used vehicle held by a registered dealer and not 2 currently registered in this state, or for any vehicle held 3 by an individual and currently registered in this state, 4 when purchased in this state by a nonresident for removal to 5 the nonresident’s state of residence, the purchaser may make 6 application to the county treasurer in the county of purchase 7 for a transit plate for which a fee of three dollars shall 8 be paid. The county treasurer shall issue a nontransferable 9 certificate of registration for which no refund shall be 10 allowed; and the transit plates shall be void thirty days 11 after issuance. Such purchaser may apply for a certificate 12 of title by surrendering the manufacturer’s or importer’s 13 certificate or certificate of title, duly assigned as provided 14 in this chapter . In this event, the treasurer in the county 15 of purchase shall, when satisfied with the genuineness and 16 regularity of the application, and upon payment of a fee of 17 twenty dollars, issue a certificate of title in the name and 18 address of the nonresident purchaser delivering the title 19 to the owner. If there is a security interest noted on the 20 title, the county treasurer shall mail to the secured party an 21 acknowledgment of the notation of the security interest. The 22 county treasurer shall not release a security interest that 23 has been noted on a title issued to a nonresident purchaser 24 as provided in this paragraph. The application requirements 25 of section 321.20 apply to a title issued as provided in this 26 subsection , except that a natural person who applies for a 27 certificate of title shall provide either the person’s social 28 security number, passport number, or driver’s license number, 29 whether the license was issued by this state, another state, or 30 another country. The provisions of this subsection relating to 31 multipurpose vehicles are effective for all 1993 and subsequent 32 model years. The annual registration fee for multipurpose 33 vehicles that are 1992 model years and older shall be in 34 accordance with section 321.124 . 35 -2- LSB 5577YH (4) 85 dea/nh 2/ 6
H.F. 2198 Sec. 4. Section 321.124, Code 2014, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 4. The annual registration fee for a 3 motorsports recreational vehicle is eight hundred dollars. For 4 purposes of determining that portion of the annual registration 5 fee which is based upon the value of the motorsports 6 recreational vehicle, sixty percent of the annual fee is 7 attributable to the value of the vehicle. 8 Sec. 5. Section 321.176A, Code 2014, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 8. A person operating a motorsports 11 recreational vehicle for the purpose of participating 12 in motorsports competitions primarily for relaxation or 13 entertainment and not for a commercial purpose. For purposes 14 of this subsection, “commercial purpose” does not include 15 a competition that involves prize money or commercial 16 sponsorship. 17 Sec. 6. Section 321.284A, subsection 2, Code 2014, is 18 amended to read as follows: 19 2. This section does not apply to a passenger being 20 transported in a motor vehicle designed, maintained, or used 21 primarily for the transportation of persons for compensation, 22 or a passenger being transported in the living quarters of a 23 motor home, motorsports recreational vehicle, manufactured or 24 mobile home, travel trailer, or fifth-wheel travel trailer. 25 Sec. 7. Section 321.310, subsections 1 and 2, Code 2014, are 26 amended to read as follows: 27 1. A motor vehicle shall not tow a four-wheeled trailer with 28 a steering axle, or more than one trailer or semitrailer, or 29 both in combination. However, this section does not apply to 30 a motor home, motorsports recreational vehicle, multipurpose 31 vehicle, motor truck, truck tractor or road tractor nor to 32 a farm tractor towing a four-wheeled trailer, nor to a farm 33 tractor or motor vehicle towing implements of husbandry, nor to 34 a wagon box trailer used by a farmer in transporting produce, 35 -3- LSB 5577YH (4) 85 dea/nh 3/ 6
H.F. 2198 farm products , or supplies hauled to and from market. 1 2. Any four-wheeled trailer towed by a truck tractor or road 2 tractor shall be registered under the semitrailer provisions 3 of section 321.123 , ; provided , however, that the provisions 4 of this section subsection shall not be applicable apply to 5 motor vehicles drawing wagon box trailers used by a farmer 6 in transporting produce, farm products , or supplies hauled 7 to and from market , or to a four-wheeled trailer towed by a 8 motorsports recreational vehicle . 9 Sec. 8. Section 321.446, subsection 3, paragraph b, Code 10 2014, is amended to read as follows: 11 b. The transportation of children in 1965 model year or 12 older vehicles, authorized emergency vehicles, buses, or motor 13 homes, or motorsports recreational vehicles except when a child 14 is transported in a motor home’s or motorsports recreational 15 vehicle’s passenger seat situated directly to the driver’s 16 right. 17 Sec. 9. Section 321.450, Code 2014, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 6. Notwithstanding other provisions of 20 this section, rules adopted under this section applicable to 21 the transportation of any fuel used in race car engines shall 22 not apply to the transportation of such fuel if the fuel is 23 contained in the fuel cells of a race car being transported in 24 a trailer and the fuel cells are certified by SFI foundation, 25 inc. 26 Sec. 10. Section 321.454, Code 2014, is amended to read as 27 follows: 28 321.454 Width of vehicles. 29 The total outside width of a vehicle or the load on 30 the vehicle shall not exceed eight feet six inches. This 31 limitation on the total outside width of a vehicle or the load 32 on the vehicle does not include safety equipment on a vehicle 33 or incidental appurtenances or retracted awnings on motor 34 homes, motorsports recreational vehicles, travel trailers, or 35 -4- LSB 5577YH (4) 85 dea/nh 4/ 6
H.F. 2198 fifth-wheel travel trailers if the incidental appurtenance or 1 retracted awning is less than six inches in width. However, 2 if hay, straw, or stover is moved on an implement of husbandry 3 and the total width of load of the implement of husbandry 4 exceeds eight feet six inches, the implement of husbandry is 5 not subject to the permit requirements of chapter 321E . If 6 hay, straw, or stover is moved on any other vehicle subject to 7 registration, the moves are subject to the permit requirements 8 for transporting loads exceeding eight feet six inches in width 9 as required under chapter 321E . 10 Sec. 11. Section 321.457, subsection 2, paragraph j, Code 11 2014, is amended to read as follows: 12 j. A motor home or motorsports recreational vehicle shall 13 not have an overall length, excluding front and rear bumpers 14 and safety equipment, in excess of forty-five feet. 15 Sec. 12. Section 321.457, subsection 2, Code 2014, is 16 amended by adding the following new paragraph: 17 NEW PARAGRAPH . 0k. A combination of two vehicles coupled 18 together, one of which is a motorsports recreational vehicle, 19 shall not have an overall length in excess of eighty-five feet. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill establishes a new motorsports recreational vehicle 24 classification for purposes of motor vehicle regulation and 25 driver licensing. The bill defines “motorsports recreational 26 vehicle” as a modified motor vehicle consisting of a conversion 27 unit mounted on a truck tractor chassis, containing systems 28 similar to the systems required in a motor home, so that the 29 motor vehicle can be used as a conveyance on the highway and as 30 a temporary or recreational dwelling. The annual registration 31 fee for a motorsports recreational vehicle is $800. 32 The bill specifies that a person operating a motorsports 33 recreational vehicle is not a chauffeur. The bill also 34 provides an exemption from commercial driver licensing 35 -5- LSB 5577YH (4) 85 dea/nh 5/ 6
H.F. 2198 requirements for a person operating a motorsports recreational 1 vehicle for the purpose of participating in motorsports 2 competitions primarily for relaxation or entertainment and 3 not for a commercial purpose. In this context, “commercial 4 purpose” does not include a competition that involves prize 5 money or commercial sponsorship. 6 Current motor vehicle provisions applicable to motor homes 7 are amended to apply to motorsports recreational vehicles as 8 well. These provisions include an exception to open-container 9 restrictions for a passenger being transported in the living 10 quarters of a motorsports recreational vehicle; child restraint 11 requirements for a child seated directly to the driver’s 12 right; the exclusion of incidental appurtenances or retracted 13 awnings from vehicle width limitations; and an exemption from 14 restrictions on towing a four-wheeled trailer with a steering 15 axle or more than one trailer or semitrailer. The bill states 16 that a four-wheeled trailer towed by a motorsports recreational 17 vehicle is not required to be registered as a semitrailer. 18 The bill limits the length of a motorsports recreational 19 vehicle, excluding front and rear bumpers and safety equipment, 20 to not more than 45 feet. The maximum length for a combination 21 of two vehicles coupled together, one of which is a motorsports 22 recreational vehicle, is 85 feet. 23 Under current law, the department of transportation has 24 adopted rules, in compliance with federal regulations, 25 relating to the transportation of hazardous materials. The 26 bill provides that rules applicable to the transportation 27 of any fuel used in race car engines shall not apply to the 28 transportation of fuel contained in the fuel cells of a race 29 car being transported in a trailer if the fuel cells are 30 certified by SFI foundation, inc. 31 -6- LSB 5577YH (4) 85 dea/nh 6/ 6