House File 2447 - Introduced HOUSE FILE 2447 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2198) 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 and penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5577HV (2) 85 dea/nh
H.F. 2447 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 7 a modified motor vehicle used for the purpose of participating 8 in motorsports competitions and consisting of a conversion unit 9 mounted on a truck tractor or motor truck chassis such that the 10 motor vehicle can be used as a conveyance on the highway and as 11 a temporary or recreational dwelling. The motor vehicle must 12 have at least four of the permanently installed systems listed 13 in paragraph “d” , two of which shall be systems specified in 14 paragraph “d” , subparagraph (1), (4), or (5). 15 Sec. 3. Section 321.109, subsection 1, paragraph a, Code 16 2014, is amended to read as follows: 17 a. The annual fee for all motor vehicles including vehicles 18 designated by manufacturers as station wagons, 1993 and 19 subsequent model year multipurpose vehicles, and 2010 and 20 subsequent model year motor trucks with an unladen weight of 21 ten thousand pounds or less, except motor trucks registered 22 under section 321.122 , business-trade trucks, special trucks, 23 motor homes, motorsports recreational vehicles, ambulances, 24 hearses, motorcycles, motorized bicycles, and 1992 and older 25 model year multipurpose vehicles, shall be equal to one 26 percent of the value as fixed by the department plus forty 27 cents for each one hundred pounds or fraction thereof of 28 weight of vehicle, as fixed by the department. The weight 29 of a motor vehicle, fixed by the department for registration 30 purposes, shall include the weight of a battery, heater, 31 bumpers, spare tire, and wheel. Provided, however, that for 32 any new vehicle purchased in this state by a nonresident 33 for removal to the nonresident’s state of residence the 34 purchaser may make application to the county treasurer in 35 -1- LSB 5577HV (2) 85 dea/nh 1/ 8
H.F. 2447 the county of purchase for a transit plate for which a fee 1 of ten dollars shall be paid. And provided, however, that 2 for any used vehicle held by a registered dealer and not 3 currently registered in this state, or for any vehicle held 4 by an individual and currently registered in this state, 5 when purchased in this state by a nonresident for removal to 6 the nonresident’s state of residence, the purchaser may make 7 application to the county treasurer in the county of purchase 8 for a transit plate for which a fee of three dollars shall 9 be paid. The county treasurer shall issue a nontransferable 10 certificate of registration for which no refund shall be 11 allowed; and the transit plates shall be void thirty days 12 after issuance. Such purchaser may apply for a certificate 13 of title by surrendering the manufacturer’s or importer’s 14 certificate or certificate of title, duly assigned as provided 15 in this chapter . In this event, the treasurer in the county 16 of purchase shall, when satisfied with the genuineness and 17 regularity of the application, and upon payment of a fee of 18 twenty dollars, issue a certificate of title in the name and 19 address of the nonresident purchaser delivering the title 20 to the owner. If there is a security interest noted on the 21 title, the county treasurer shall mail to the secured party an 22 acknowledgment of the notation of the security interest. The 23 county treasurer shall not release a security interest that 24 has been noted on a title issued to a nonresident purchaser 25 as provided in this paragraph. The application requirements 26 of section 321.20 apply to a title issued as provided in this 27 subsection , except that a natural person who applies for a 28 certificate of title shall provide either the person’s social 29 security number, passport number, or driver’s license number, 30 whether the license was issued by this state, another state, or 31 another country. The provisions of this subsection relating to 32 multipurpose vehicles are effective for all 1993 and subsequent 33 model years. The annual registration fee for multipurpose 34 vehicles that are 1992 model years and older shall be in 35 -2- LSB 5577HV (2) 85 dea/nh 2/ 8
H.F. 2447 accordance with section 321.124 . 1 Sec. 4. Section 321.124, Code 2014, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 4. a. The annual registration fee 4 for a motorsports recreational vehicle is four hundred 5 dollars. For purposes of determining that portion of the 6 annual registration fee which is based upon the value of the 7 motorsports recreational vehicle, sixty percent of the annual 8 fee is attributable to the value of the vehicle. The owner of 9 a motor vehicle registered under this subsection shall certify 10 at the time of registration or renewal of registration that 11 the motor vehicle is used for the purpose of participating in 12 motorsports competition. 13 b. If the department determines by audit or other means that 14 a person registered a vehicle as a motorsports recreational 15 vehicle that is not qualified for such registration, the person 16 shall be required to pay the difference between the regular 17 annual registration fees owed for the vehicle for each year the 18 vehicle was registered in violation of this section and the 19 fees actually paid. 20 c. If the department determines by audit or other 21 means that the person knowingly registered a vehicle as a 22 motorsports recreational vehicle that is not qualified for such 23 registration, the person shall be required to pay a penalty 24 for improper registration in the amount of seven hundred fifty 25 dollars for each registration year in which the vehicle was 26 registered in violation of this section, not to exceed two 27 thousand two hundred fifty dollars. 28 Sec. 5. Section 321.152, subsection 1, Code 2014, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . g. Twenty-five percent of each penalty 31 collected for improper motorsports recreational vehicle 32 registration under section 321.124, subsection 4. 33 Sec. 6. Section 321.176A, Code 2014, is amended by adding 34 the following new subsection: 35 -3- LSB 5577HV (2) 85 dea/nh 3/ 8
H.F. 2447 NEW SUBSECTION . 8. A person operating a motorsports 1 recreational vehicle for the purpose of participating 2 in motorsports competitions primarily for relaxation or 3 entertainment and not for a commercial purpose. For purposes 4 of this subsection, “commercial purpose” does not include 5 a competition that involves prize money or commercial 6 sponsorship. 7 Sec. 7. Section 321.284A, subsection 2, Code 2014, is 8 amended to read as follows: 9 2. This section does not apply to a passenger being 10 transported in a motor vehicle designed, maintained, or used 11 primarily for the transportation of persons for compensation, 12 or a passenger being transported in the living quarters of a 13 motor home, motorsports recreational vehicle, manufactured or 14 mobile home, travel trailer, or fifth-wheel travel trailer. 15 Sec. 8. Section 321.310, subsections 1 and 2, Code 2014, are 16 amended to read as follows: 17 1. A motor vehicle shall not tow a four-wheeled trailer with 18 a steering axle, or more than one trailer or semitrailer, or 19 both in combination. However, this section does not apply to 20 a motor home, motorsports recreational vehicle, multipurpose 21 vehicle, motor truck, truck tractor or road tractor nor to 22 a farm tractor towing a four-wheeled trailer, nor to a farm 23 tractor or motor vehicle towing implements of husbandry, nor to 24 a wagon box trailer used by a farmer in transporting produce, 25 farm products , or supplies hauled to and from market. 26 2. Any four-wheeled trailer towed by a truck tractor or road 27 tractor shall be registered under the semitrailer provisions 28 of section 321.123 , ; provided , however, that the provisions 29 of this section subsection shall not be applicable apply to 30 motor vehicles drawing wagon box trailers used by a farmer 31 in transporting produce, farm products , or supplies hauled 32 to and from market , or to a four-wheeled trailer towed by a 33 motorsports recreational vehicle . 34 Sec. 9. Section 321.446, subsection 3, paragraph b, Code 35 -4- LSB 5577HV (2) 85 dea/nh 4/ 8
H.F. 2447 2014, is amended to read as follows: 1 b. The transportation of children in 1965 model year or 2 older vehicles, authorized emergency vehicles, buses, or motor 3 homes, or motorsports recreational vehicles except when a child 4 is transported in a motor home’s or motorsports recreational 5 vehicle’s passenger seat situated directly to the driver’s 6 right. 7 Sec. 10. Section 321.450, Code 2014, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 6. Notwithstanding other provisions of 10 this section, rules adopted under this section applicable to 11 the transportation of any fuel used in race car engines shall 12 not apply to the transportation of such fuel if the fuel is 13 contained in the fuel cells of a race car being transported in 14 a trailer and the fuel cells are certified by SFI foundation, 15 inc. 16 Sec. 11. Section 321.454, Code 2014, is amended to read as 17 follows: 18 321.454 Width of vehicles. 19 The total outside width of a vehicle or the load on 20 the vehicle shall not exceed eight feet six inches. This 21 limitation on the total outside width of a vehicle or the load 22 on the vehicle does not include safety equipment on a vehicle 23 or incidental appurtenances or retracted awnings on motor 24 homes, motorsports recreational vehicles, travel trailers, or 25 fifth-wheel travel trailers if the incidental appurtenance or 26 retracted awning is less than six inches in width. However, 27 if hay, straw, or stover is moved on an implement of husbandry 28 and the total width of load of the implement of husbandry 29 exceeds eight feet six inches, the implement of husbandry is 30 not subject to the permit requirements of chapter 321E . If 31 hay, straw, or stover is moved on any other vehicle subject to 32 registration, the moves are subject to the permit requirements 33 for transporting loads exceeding eight feet six inches in width 34 as required under chapter 321E . 35 -5- LSB 5577HV (2) 85 dea/nh 5/ 8
H.F. 2447 Sec. 12. Section 321.457, subsection 2, paragraph j, Code 1 2014, is amended to read as follows: 2 j. A motor home or motorsports recreational vehicle shall 3 not have an overall length, excluding front and rear bumpers 4 and safety equipment, in excess of forty-five feet. 5 Sec. 13. Section 321.457, subsection 2, Code 2014, is 6 amended by adding the following new paragraph: 7 NEW PARAGRAPH . o. Notwithstanding any other provision of 8 this chapter, and to the extent allowed under federal law, a 9 combination of two vehicles coupled together, one of which is 10 a motorsports recreational vehicle, shall not have an overall 11 length in excess of eighty-five feet. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill establishes a new motorsports recreational vehicle 16 classification for purposes of motor vehicle regulation and 17 driver licensing. The bill defines “motorsports recreational 18 vehicle” as a modified motor vehicle used for the purpose 19 of participating in motorsports competitions, consisting of 20 a conversion unit mounted on a truck tractor or motor truck 21 chassis, and containing systems similar to the systems required 22 in a motor home, so that the motor vehicle can be used as a 23 conveyance on the highway and as a temporary or recreational 24 dwelling. 25 The annual registration fee for a motorsports recreational 26 vehicle is $400. At the time of registration or registration 27 renewal, the owner must certify that the vehicle is used for 28 the purpose of participating in motorsports competitions. If 29 the department of transportation determines that a person 30 registered a vehicle as a motorsports recreational vehicle that 31 was not qualified for such registration, the person shall be 32 required to pay the difference between the regular registration 33 fee for the vehicle and the fee actually paid for each year 34 the vehicle was improperly registered. In addition, the 35 -6- LSB 5577HV (2) 85 dea/nh 6/ 8
H.F. 2447 bill imposes a penalty of $750 for each year the vehicle was 1 improperly registered, not to exceed $2,250. From each penalty 2 collected by a county treasurer for improper registration of 3 a motorsports recreational vehicle, the county shall retain 4 25 percent of the penalty for deposit in the county’s general 5 fund. 6 The bill specifies that a person operating a motorsports 7 recreational vehicle is not a chauffeur. The bill also 8 provides an exemption from commercial driver licensing 9 requirements for a person operating a motorsports recreational 10 vehicle for the purpose of participating in motorsports 11 competitions primarily for relaxation or entertainment and 12 not for a commercial purpose. In this context, “commercial 13 purpose” does not include a competition that involves prize 14 money or commercial sponsorship. 15 Current motor vehicle provisions applicable to motor homes 16 are amended to apply to motorsports recreational vehicles as 17 well. These provisions include an exception to open-container 18 restrictions for a passenger being transported in the living 19 quarters of a motorsports recreational vehicle; child restraint 20 requirements for a child seated directly to the driver’s 21 right; the exclusion of incidental appurtenances or retracted 22 awnings from vehicle width limitations; and an exemption from 23 restrictions on towing a four-wheeled trailer with a steering 24 axle or more than one trailer or semitrailer. The bill states 25 that a four-wheeled trailer towed by a motorsports recreational 26 vehicle is not required to be registered as a semitrailer. 27 The bill limits the length of a motorsports recreational 28 vehicle, excluding front and rear bumpers and safety equipment, 29 to not more than 45 feet. To the extent allowed under federal 30 law, the maximum length for a combination of two vehicles 31 coupled together, one of which is a motorsports recreational 32 vehicle, is 85 feet. 33 Under current law, the department of transportation has 34 adopted rules, in compliance with federal regulations, 35 -7- LSB 5577HV (2) 85 dea/nh 7/ 8
H.F. 2447 relating to the transportation of hazardous materials. The 1 bill provides that rules applicable to the transportation 2 of any fuel used in race car engines shall not apply to the 3 transportation of fuel contained in the fuel cells of a race 4 car being transported in a trailer if the fuel cells are 5 certified by SFI foundation, inc. 6 -8- LSB 5577HV (2) 85 dea/nh 8/ 8