Senate File 355 - Introduced SENATE FILE 355 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1148) A BILL FOR An Act relating to the regulation of vehicles of excessive size 1 and weight, establishing fees, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1290SV (2) 85 dea/nh

S.F. 355 Section 1. Section 321.473, Code 2013, is amended to read 1 as follows: 2 321.473 Limiting trucks —— rubbish vehicles Limitations on 3 trucks by local authorities . 4 1. Local authorities with respect to highways under their 5 jurisdiction may also, by ordinance or resolution, prohibit the 6 operation of trucks or other commercial vehicles, or may impose 7 limitations as to the weight thereof, on designated highways, 8 which prohibitions and limitations shall be designated by 9 appropriate signs placed on such highways. 10 2. The department may issue annual special permits for 11 the operation of compacted rubbish vehicles and vehicles 12 which transport compacted rubbish from a rubbish collection 13 point to a landfill area, exceeding the weight limitation of 14 section 321.463 , but not exceeding a rear axle gross weight 15 for two-axle vehicles of twenty-two thousand pounds for the 16 period commencing July 1, 1978 and ending June 30, 1986 and 17 twenty thousand pounds commencing July 1, 1986 and thereafter, 18 and for tandem axle vehicles or transferable auxiliary axle 19 vehicles not exceeding a gross weight on the rear axles of 20 thirty-six thousand pounds. Annual special permits for the 21 operation on secondary roads shall be approved by the county 22 engineer. Annual special permits for a particular vehicle 23 shall not be issued by the department unless prior approval 24 is given by the county engineer of the county in which the 25 vehicle will be operated. Annual special permits for operation 26 on primary roads shall be approved by the state department 27 of transportation. Compacted rubbish vehicles and vehicles 28 which transport compacted rubbish from a rubbish collection 29 point to a landfill area operated pursuant to an annual special 30 permit shall be operated only over routes designated by the 31 local authority. Annual special permits for a particular 32 vehicle shall not be issued by the department unless approved 33 by the local authority responsible for the roads over which 34 the vehicle will be operated. Annual special permits approved 35 -1- LSB 1290SV (2) 85 dea/nh 1/ 28

S.F. 355 by the issuing authority shall be issued upon payment of an 1 annual fee, in addition to other registration fees imposed, 2 of one hundred dollars to be paid to the department for all 3 nongovernmental vehicles. 4 3. Any person who violates the provisions of the ordinance 5 or resolution shall, upon conviction or a plea of guilty, be 6 subject to a fine determined by dividing the difference between 7 the actual weight and the maximum weight established by the 8 ordinance or resolution by one hundred, and multiplying the 9 quotient by two dollars. The fine for violation of a special 10 permit issued pursuant to this section shall be based upon the 11 difference between the actual weight of the vehicle and load 12 and the maximum weight allowed by the permit in accordance with 13 section 321.463 . 14 4. 2. Local authorities may issue special permits, during 15 periods such restrictions are in effect, to permit limited 16 operation of vehicles upon specified routes with loads in 17 excess of any restrictions imposed under this section , but not 18 in excess of load restrictions imposed by any other provision 19 of this chapter , and such authorities shall issue such permits 20 upon a showing that there is a need to move to market farm 21 produce or to move to any farm, feeds or fuel for home heating 22 purposes. 23 3. a. A person who violates the provisions of an ordinance 24 or resolution adopted pursuant to subsection 1 shall, upon 25 conviction or a plea of guilty, be subject to a fine determined 26 by dividing the difference between the actual weight and the 27 maximum weight established by the ordinance or resolution by 28 one hundred, and multiplying the quotient by two dollars. 29 b. The fine for violation of a special permit issued 30 pursuant to subsection 2 shall be based upon the difference 31 between the actual weight of the vehicle and load and the 32 maximum weight allowed by the permit in accordance with section 33 321.463. 34 Sec. 2. Section 321E.1, Code 2013, is amended to read as 35 -2- LSB 1290SV (2) 85 dea/nh 2/ 28

S.F. 355 follows: 1 321E.1 Permits by department and local authorities. 2 1. The department and local authorities may in their 3 discretion and upon application and with good cause being shown 4 issue permits for the movement of construction machinery or 5 asphalt repavers special mobile equipment being temporarily 6 moved on streets, roads, or highways and for vehicles with 7 indivisible loads which exceed the maximum dimensions and 8 weights specified in sections 321.452 through 321.466 , but not 9 to exceed the limitations imposed in this section and sections 10 321E.2 through 321E.15 except as provided in section 321E.29 . 11 2. Vehicles permitted to transport indivisible loads may do 12 any of the following: 13 a. Exceed the width and length limitations specified in 14 sections 321.454 and 321.457 for the purpose of picking up an 15 indivisible load or returning from delivery of the indivisible 16 load. Vehicles with retractable body extensions used to 17 support cargo must be reduced to legal dimensions unless the 18 vehicle is loaded and the extension is in use. 19 b. Move indivisible special mobile equipment which does not 20 otherwise exceed the maximum dimensions and weights specified 21 in sections 321.452 through 321.466 if the vehicle has an 22 overall width not to exceed nine feet and all other conditions 23 of the vehicle’s permit are met. 24 3. Permits issued may be single-trip, multi-trip, or annual 25 permits. Permits A permit issued under this chapter shall be 26 in writing or in an electronic format and shall be carried in 27 the cab of the vehicle for which the permit has been issued 28 and shall be available for inspection at all times . The 29 vehicle and load for Permits issued under this chapter and the 30 vehicle for which the permit has been issued shall be open to 31 inspection at all times by a any peace officer or an authorized 32 agent of a permit granting any permit-issuing authority. 33 4. When in the judgment of the issuing permit-issuing 34 authority in cities and counties the movement of a vehicle 35 -3- LSB 1290SV (2) 85 dea/nh 3/ 28

S.F. 355 with an indivisible load or construction machinery special 1 mobile equipment which exceeds the maximum dimensions and 2 weights will be unduly hazardous to public safety or will cause 3 undue damage to streets, avenues, boulevards, thoroughfares, 4 highways, curbs, sidewalks, trees, infrastructure or other 5 public or private property, the permit shall be denied and 6 the reasons for denial endorsed on the application. Permits 7 shall designate the days when and routes upon which loads and 8 construction machinery special mobile equipment may be moved 9 within a county on other than primary roads. 10 5. Local authorities A permit-issuing authority may allow 11 persons requesting permits under this chapter to do so by means 12 of a telephone or in person, through the internet, by facsimile 13 machine, or by telephone, authorizing payment for the permits 14 to be made upon receipt of an invoice sent to the persons by the 15 local authorities permit-issuing authority . 16 Sec. 3. Section 321E.2, Code 2013, is amended to read as 17 follows: 18 321E.2 Permit-issuing authorities. 19 1. Annual, multi-trip, and single-trip permits Permits 20 issued under this chapter shall be issued by the authority 21 responsible for the maintenance of the system of highways or 22 streets. However, the department may issue permits on primary 23 road extensions in cities in conjunction with movements on 24 the rural primary road system. The department may issue an 25 all-system all-systems permit under section 321E.8 which is 26 valid for movements on all highways or streets under the 27 jurisdiction of either the state or those local authorities 28 which that have indicated to the department in writing to the 29 department , including by means of electronic communication, 30 those streets or highways for which an all-system all-systems 31 permit is not valid. The department may issue annual permits 32 pursuant to section 321E.8A valid only for operation on 33 noninterstate highways in counties stipulated in the permit. 34 2. At the request of a local authority, the department shall 35 -4- LSB 1290SV (2) 85 dea/nh 4/ 28

S.F. 355 issue annual, multi-trip, and single-trip permits under this 1 chapter for highways or streets that are under the jurisdiction 2 of the local authority if the local authority has indicated to 3 the department in writing, including by means of electronic 4 communication, those streets or highways for which a permit is 5 not valid . 6 Sec. 4. Section 321E.7, subsections 1 and 2, Code 2013, are 7 amended to read as follows: 8 1. The gross weight on any axle of any vehicle or 9 combination of vehicles traveling under a permit issued in 10 accordance with the provisions of this chapter shall not exceed 11 the maximum axle load prescribed in section 321.463 ; , except 12 that cranes for the following: 13 a. Cranes being temporarily moved on streets, roads, or 14 highways may have a gross weight of twenty-four thousand pounds 15 on any single axle ; and construction machinery . 16 b. (1) Special mobile equipment other than cranes being 17 temporarily moved on streets, roads, or highways may have a 18 maximum gross weight of thirty-six thousand pounds on any 19 single axle equipped with flotation pneumatic tires with a 20 minimum size of twenty-six point five-inch by twenty-five-inch 21 flotation pneumatic tires five inches by twenty-five inches and 22 a maximum gross weight of twenty thousand pounds on any single 23 axle equipped with flotation pneumatic tires with a minimum 24 size eighteen-inch by twenty-five-inch flotation pneumatic 25 tires, with the of eighteen inches by twenty-five inches. 26 (2) The department is authorized to adopt rules to permit 27 the use of tire sizes and weights within the minimum and 28 maximum specifications provided in this section subparagraph 29 (1) , provided that the total gross weight of the vehicle or 30 a combination of vehicles does not exceed a maximum of one 31 hundred twenty-six thousand pounds ; and except that a . 32 (3) A manufacturer of machinery or equipment manufactured 33 or assembled in Iowa may be granted a permit for the movement 34 of such machinery or equipment mounted on pneumatic tires 35 -5- LSB 1290SV (2) 85 dea/nh 5/ 28

S.F. 355 with axle loads exceeding the maximum axle load prescribed 1 in section 321.463 for distances not to exceed twenty-five 2 miles at a speed not greater than twenty miles per hour. 3 The movement of such machinery or equipment shall be 4 over a specified route between the place of assembly or 5 manufacture and a storage area, shipping point, proving ground, 6 experimental area, weighing station, or another manufacturing 7 plant. 8 c. Raw milk transporters operating under a permit issued 9 pursuant to section 321E.29A shall not exceed the axle and 10 gross weights specified in that section. 11 d. Compacted rubbish vehicles operating under a permit 12 issued pursuant to section 321E.30 shall not exceed the axle 13 and gross weights specified in that section. 14 2. The gross weight on any one axle of any vehicle or 15 combination of vehicles traveling under a permit issued in 16 accordance with this chapter shall not exceed the maximum axle 17 load prescribed in section 321.463 ; except that any one axle on 18 a vehicle or combination of vehicles transporting construction 19 machinery special mobile equipment shall be allowed a one 20 thousand pound weight tolerance, provided the total gross 21 weight of the vehicle or combination of vehicles does not 22 exceed the gross weight allowed by the permit. 23 Sec. 5. Section 321E.8, Code 2013, is amended to read as 24 follows: 25 321E.8 Annual permits. 26 Subject to the discretion and judgment provided for in 27 section 321E.1 , annual permits shall be issued in accordance 28 with the following provisions: 29 1. Vehicles with indivisible loads, or manufactured or 30 mobile homes including appurtenances, having an overall width 31 not to exceed sixteen feet zero inches, an overall length not 32 to exceed one hundred twenty feet zero inches, an overall 33 height not to exceed fifteen feet five inches, and except for 34 vehicles in compliance with section 321.463, subsection 5, 35 -6- LSB 1290SV (2) 85 dea/nh 6/ 28

S.F. 355 paragraph “c” , subparagraph (1), a total gross weight not to 1 exceed eighty thousand pounds, may be moved as follows: 2 a. Vehicles with indivisible loads, or manufactured or 3 mobile homes including appurtenances, having an overall width 4 not to exceed twelve feet five inches, an overall length not 5 to exceed one hundred twenty feet zero inches, and an overall 6 height not to exceed thirteen feet ten inches may be moved for 7 unlimited distances without route approval from the permitting 8 permit-issuing authority. 9 b. Vehicles with indivisible loads, or manufactured or 10 mobile homes including appurtenances, having an overall width 11 not to exceed fourteen feet six inches, an overall length not 12 to exceed one hundred twenty feet zero inches, and an overall 13 height not to exceed fifteen feet five inches may be moved 14 on the interstate highway system and primary highways with 15 more than one lane traveling in each direction for unlimited 16 distances and no more than fifty miles from the point of origin 17 on all other highways without route approval from the permit 18 issuing permit-issuing authority. 19 c. All other vehicles with indivisible loads operating under 20 this subsection shall obtain route approval from the permitting 21 permit-issuing authority. 22 d. Vehicles with indivisible loads may operate under an 23 all-systems permit in compliance with paragraph “a” , “b” , or 24 “c” . 25 2. Vehicles with indivisible loads, or manufactured or 26 mobile homes including appurtenances, having an overall width 27 not to exceed thirteen feet five inches and an overall length 28 not to exceed one hundred twenty feet zero inches may be 29 moved on highways specified by the permitting permit-issuing 30 authority for unlimited distances if the height of the vehicle 31 and load does not exceed fifteen feet five inches and the 32 total gross weight of the vehicle does not exceed one hundred 33 fifty-six thousand pounds. 34 a. The vehicle owner or operator shall verify with the 35 -7- LSB 1290SV (2) 85 dea/nh 7/ 28

S.F. 355 permitting permit-issuing authority prior to movement of the 1 load that highway conditions have not changed so as to prohibit 2 movement of the vehicle. 3 b. Any cost to repair damage to highways or highway 4 structures shall be borne by the owner or operator of the 5 vehicle causing the damage. 6 c. Permitted vehicles under this subsection shall not be 7 allowed to travel on any portion of the interstate highway 8 system. 9 d. Vehicles with indivisible loads operating under the 10 permit provisions of this subsection may operate under the 11 permit provisions of subsection 1 provided the vehicle and load 12 comply with the limitations described in subsection 1 . 13 3. Notwithstanding any other provision of law to the 14 contrary, cranes exceeding the maximum gross weight on any axle 15 as prescribed in section 321.463 or 321E.7 and used in the 16 construction of alternative energy facilities may be moved with 17 approval from the permit issuing permit-issuing authority. 18 Sec. 6. Section 321E.9, Code 2013, is amended to read as 19 follows: 20 321E.9 Single-trip permits. 21 Subject to the discretion and judgment provided for in 22 section 321E.1 , single-trip permits, which may include a round 23 trip to and from a job or delivery site, shall be issued in 24 accordance with the following provisions: 25 1. Vehicles with indivisible loads having an overall width 26 not to exceed forty feet, zero inches, an overall length not to 27 exceed one hundred twenty feet, zero inches, or a total gross 28 weight not to exceed one hundred thousand pounds may be moved, 29 provided the gross weight on any one axle shall not exceed 30 the maximum prescribed in section 321.463 , pursuant to rules 31 adopted pursuant to chapter 17A . The height of the vehicles 32 and loads shall be limited only to height limitations of 33 underpasses, bridges, power lines and other established height 34 restrictions on the specified route. The maximum height, 35 -8- LSB 1290SV (2) 85 dea/nh 8/ 28

S.F. 355 width, length, and weight of vehicles and loads operating under 1 permits authorized by this section shall be limited to the 2 maximum physical limitations and clearances of the roadway and 3 infrastructure of the intended route of travel, provided that 4 the gross weight on any one axle does not exceed the maximum 5 prescribed in section 321.463, pursuant to rules adopted 6 pursuant to chapter 17A. The permit-issuing authority shall 7 make the final determination regarding the issuance of a permit 8 and the suitability of the intended route based upon known 9 roadway clearances and capacities. Permits shall be authorized 10 only when the movement will not cause undue stress or damage to 11 highway pavement, bridges, or other highway infrastructure. In 12 addition to the dimension and weight limitations of an intended 13 route, a permit-issuing authority shall consider the interests 14 of public safety and, at the discretion of the permit-issuing 15 authority, may deny the issuance of a permit when the intended 16 movement of any vehicle or load poses a potential risk to the 17 public. 18 2. Vehicles with indivisible loads exceeding the width, 19 length, and total gross weight provided in subsection 1 , may 20 be moved in special or emergency situations, provided the 21 permitting permit-issuing authority has reviewed the route and 22 has approved the movement of the vehicle and load. The issuing 23 permit-issuing authority may impose any special restrictions on 24 movements as deemed necessary on movements or exempt movements 25 from the restrictions of section 321E.11 by permit under this 26 subsection . 27 3. Cranes exceeding the maximum gross weight on any axle 28 as prescribed in section 321.463 but not exceeding twenty-four 29 thousand pounds may be moved in accordance with rules adopted 30 pursuant to chapter 17A . Notwithstanding any other provision 31 of law to the contrary, cranes exceeding the maximum gross 32 weight on any axle as prescribed in section 321.463 or 33 321E.7 and used in the construction of alternative energy 34 facilities may be moved with approval from the permit issuing 35 -9- LSB 1290SV (2) 85 dea/nh 9/ 28

S.F. 355 permit-issuing authority. 1 Sec. 7. Section 321E.9A, subsections 1 and 2, Code 2013, are 2 amended to read as follows: 3 1. Vehicles with indivisible loads having an overall length 4 not to exceed one hundred twenty feet, an overall width not to 5 exceed sixteen feet, and of any a height not to exceed fifteen 6 feet five inches may be moved on highways specified by the 7 permitting authority, provided the gross weight on any one axle 8 shall not exceed the maximum prescribed in section 321.463 9 and the total gross weight is not greater than one hundred 10 fifty-six thousand pounds. 11 2. Vehicles or combinations of vehicles consisting of 12 construction machinery special mobile equipment not exceeding 13 the height, length, and width limitations of this section being 14 temporarily moved on highways with a maximum total gross weight 15 limitation and a single axle weight limitation in accordance 16 with section 321E.7 may be moved. 17 Sec. 8. Section 321E.9B, subsections 1 and 3, Code 2013, are 18 amended to read as follows: 19 1. Vehicles with an indivisible load having an overall 20 length not to exceed two hundred twenty-five feet, an overall 21 width not to exceed sixteen feet, a height not to exceed 22 sixteen feet, and a total gross weight not to exceed two 23 hundred fifty-six thousand pounds may be moved on highways 24 specified by the permitting permit-issuing authority to an 25 alternative energy construction site or staging area for 26 alternative energy transportation, provided the gross weight on 27 any one axle shall not exceed twenty thousand pounds. 28 3. The permitting permit-issuing authority shall have 29 discretion to include restrictions and require special 30 considerations, such as responsibility for protection or repair 31 of the roadway and bridges, prior to issuance of the permit. 32 Sec. 9. Section 321E.10, Code 2013, is amended to read as 33 follows: 34 321E.10 Truck Semitrailers and trailers manufactured in Iowa. 35 -10- LSB 1290SV (2) 85 dea/nh 10/ 28

S.F. 355 The department or local authorities may upon application 1 issue annual trip permits for the movement of truck 2 semitrailers and trailers manufactured or assembled in this 3 state that exceed the maximum length specified in section 4 321.457 and the maximum width specified in section 321.454 . 5 Movement of the truck semitrailers and trailers shall be solely 6 for the purpose of delivery or transfer from the point of 7 manufacture or assembly to another point of manufacture or 8 assembly within the state or to a point outside the state , ; 9 shall be only on roadways of twenty-four feet or more in width 10 or on four-lane highways , ; shall be on the most direct route 11 necessary for such movement , ; and shall display the special 12 plates designated in section 321.57 . All truck semitrailers 13 and trailers under permit for such movement shall not contain 14 freight or additional load. A vehicle or combination of two or 15 more vehicles inclusive of front and rear bumpers, including 16 towing units, involved in the movement of truck semitrailers 17 and trailers shall not exceed an overall width of ten feet. 18 Vehicles or combinations shall be distinctly marked on both 19 the front and rear of the unit in a manner the director of 20 transportation designates to indicate that the vehicles or 21 combinations are being moved for delivery or transfer purposes 22 only. 23 Permits issued under the provisions of this section shall be 24 in writing and shall be carried in the cabs of the vehicles for 25 which the permits have been issued and shall be available for 26 inspection at all times. The vehicles for which the permits 27 have been issued shall be open to inspection by any peace 28 officer or to any authorized agent of any permit granting 29 authority. 30 Sec. 10. Section 321E.11, Code 2013, is amended to read as 31 follows: 32 321E.11 Daylight movement only —— exceptions —— holidays 33 Movement under permit —— penalty . 34 1. Movements by under permit in accordance with this chapter 35 -11- LSB 1290SV (2) 85 dea/nh 11/ 28

S.F. 355 shall be permitted only during the hours from thirty minutes 1 prior to sunrise to thirty minutes following sunset unless the 2 issuing permit-issuing authority determines that the movement 3 can be better accomplished at another period of time because 4 of traffic volume or other roadway-related conditions or the 5 vehicle subject to the permit qualifies for nighttime movement 6 as specified in subsection 2. 7 2. A permitted vehicle which has an overall length not 8 to exceed one hundred feet, an overall width not to exceed 9 eleven feet, and an overall height not to exceed fourteen 10 feet, four six inches, and the permit requires the vehicle to 11 operate only on those highways designated by the department 12 may operate under permit from thirty minutes following sunset 13 to thirty minutes prior to sunrise on primary and nonprimary 14 highway system roadways that are at least twenty-two feet in 15 total width with at least eleven feet of lane width . Vehicles 16 operating under the provisions of this subsection shall be 17 equipped with operating projecting-load lighting devices which 18 are in addition to the required vehicle lighting and the signs, 19 flags, and warning lights required for vehicles operating under 20 permit. Additional safety lighting and escorts may be required 21 for movement at night as determined by the permit-issuing 22 authority . 23 2. 3. Except as provided in section 321.457 , no movement 24 by under permit shall be permitted on holidays, after twelve 25 o’clock 12:00 noon on days preceding holidays and holiday 26 weekends, or special events when abnormally high traffic 27 volumes can be expected. Such restrictions shall not be 28 applicable to urban transit systems as defined in section 29 321.19, subsection 2 . 30 3. 4. For the purposes of this chapter , “holidays” shall 31 include Memorial Day, Independence Day, and Labor Day. 32 4. 5. A person who violates this section commits a simple 33 misdemeanor. 34 Sec. 11. Section 321E.12, Code 2013, is amended to read as 35 -12- LSB 1290SV (2) 85 dea/nh 12/ 28

S.F. 355 follows: 1 321E.12 Registration must be consistent. 2 1. A vehicle traveling under permit shall be properly 3 registered for the gross weight of the vehicle and load. A 4 trip permit issued according to section 326.23 shall not be 5 used in lieu of the registration provided for in this section . 6 A person owning special mobile equipment may use a transport 7 vehicle registered for the gross weight of the transport 8 without a load. 9 2. A private carrier who is not for hire may transport 10 special mobile equipment on a vehicle registered for the gross 11 weight of the transport vehicle and cargo, minus the weight of 12 the special mobile equipment, when the special mobile equipment 13 is owned, leased, or rented and under exclusive control of the 14 private carrier. 15 3. Vehicles, while being used for the transportation of 16 buildings , except other than mobile homes and factory-built 17 structures, may be registered for the combined gross weight of 18 the vehicle and load on a single-trip basis. The fee is five 19 cents per ton exceeding the weight registered under section 20 321.122 per mile of travel. Fees shall not be prorated for 21 fractions of miles. This provision does not exempt these 22 vehicles from any other provision of this chapter . 23 Sec. 12. Section 321E.13, Code 2013, is amended to read as 24 follows: 25 321E.13 Financial responsibility. 26 Prior to the issuance of any permit, the applicant 27 for a permit shall be required to file proof of financial 28 responsibility or to post a bond with the issuing 29 permit-issuing authority. The amount of the bond shall be 30 determined by the issuing permit-issuing authority and shall be 31 used as security for repair or replacement of official signs, 32 signals, and roadway foundations, surfaces, or structures which 33 may be damaged or destroyed during the movement of a vehicle 34 and load operating under the permit. The duration of the bond 35 -13- LSB 1290SV (2) 85 dea/nh 13/ 28

S.F. 355 shall be determined by the issuing permit-issuing authority for 1 a period not to exceed one year. 2 Sec. 13. Section 321E.14, Code 2013, is amended to read as 3 follows: 4 321E.14 Fees for permits. 5 1. Permit-issuing authorities may charge the following 6 fees: 7 1. a. The department or local authorities issuing permits 8 shall charge a fee of twenty-five Twenty-five dollars for 9 an annual permit issued under pursuant to section 321E.8, 10 subsection 1 , a fee of three . 11 b. Three hundred dollars for an annual permit issued under 12 pursuant to section 321E.8, subsection 2 , a fee of two . 13 c. Two hundred dollars for a multi-trip permit issued under 14 pursuant to section 321E.9A , a fee of six . 15 d. Six hundred dollars for a special alternative energy 16 multi-trip permit issued under pursuant to section 321E.9B , and 17 a fee of ten . 18 e. Ten dollars for a single-trip permit , and shall determine 19 charges for special permits issued pursuant to section 321E.9. 20 f. Twenty-five dollars for an annual permit for special 21 mobile equipment, as defined in section 321.1, subsection 22 75, issued pursuant to section 321E.7, subsection 3, with a 23 combined gross weight of not more than eighty thousand pounds. 24 g. Twenty-five dollars for a permit issued pursuant to 25 section 321E.29 by rules adopted pursuant to chapter 17A or 26 321E.29A . 27 h. One hundred dollars for a permit issued pursuant to 28 section 321E.30. 29 i. One hundred twenty dollars for an annual all-systems 30 permit issued pursuant to section 321E.8, which shall be 31 deposited in the road use tax fund. 32 2. Fees for the movement of buildings, parts of buildings, 33 or unusual vehicles or loads may be increased to cover the 34 costs of inspections by the issuing permit-issuing authority. 35 -14- LSB 1290SV (2) 85 dea/nh 14/ 28

S.F. 355 3. A fee not to exceed two hundred fifty dollars per day or 1 a prorated fraction of that fee per person and car for escort 2 service may be charged when requested or when required under 3 this chapter . Proration of escort fees between state and 4 local authorities when more than one governmental authority 5 provides or is required to provide escort for a movement during 6 the period of a day shall be determined by rule under section 7 321E.15 . 8 4. The department and local authorities may charge a 9 permit applicant for the cost of trimming trees and removal 10 and replacement of natural obstructions or official signs and 11 signals or other public or private property required to be 12 removed during the movement of a vehicle and load. In addition 13 to the fees provided in this section , the annual fee for a 14 permit for special mobile equipment, as defined in section 15 321.1, subsection 75 , operated pursuant to section 321E.7, 16 subsection 3 , with a combined gross weight up to and including 17 eighty thousand pounds shall be twenty-five dollars and for a 18 combined gross weight exceeding eighty thousand pounds, fifty 19 dollars. 20 2. The annual fee for an all-system permit is one hundred 21 twenty dollars which shall be deposited in the road use tax 22 fund. 23 Sec. 14. Section 321E.16, Code 2013, is amended to read as 24 follows: 25 321E.16 Violations —— penalties. 26 1. A person who violates a provision of a permit issued 27 pursuant to this chapter or rules adopted under section 28 321E.15 , other than a provision relating to weight, shall be 29 subject to a scheduled fine under section 805.8A, subsection 30 12 , paragraph “f” . 31 2. The fine for violation of the weight allowed by a 32 permit shall be based upon the difference between the actual 33 weight of the vehicle and load and the maximum allowable by 34 permit in accordance with section 321.463 . If a vehicle with 35 -15- LSB 1290SV (2) 85 dea/nh 15/ 28

S.F. 355 an indivisible load traveling under permit is found to be in 1 violation of weight limitations, the vehicle operator shall be 2 allowed a reasonable amount of time to remove any ice, mud, 3 snow, and other weight attributable to climatic conditions 4 accumulated along the route prior to application of the 5 penalties prescribed in section 321.463 . 6 3. A person operating a civilian escort vehicle in violation 7 of rules adopted pursuant to section 321E.15 shall be subject 8 to a scheduled fine under section 805.8A, subsection 12, 9 paragraph “f” . 10 Sec. 15. Section 321E.17, Code 2013, is amended to read as 11 follows: 12 321E.17 Five or more Serious violations. 13 Proof of imposition of penalties on five or more occasions a 14 penalty for a violation of sections section 321.256, 321.454 , 15 321.456 , 321.457 , 321.463 , 321.471, 321.474, or 321E.16 or 16 any combination of penalties for violation of said those 17 sections totaling five or more incurred during any twelve-month 18 period with respect to the operation of one or more vehicles 19 by any one permit holder, whether operated personally or 20 through agents, servants, or employees of the permit holder , 21 shall constitute prima facie evidence that the permit holder 22 has willfully operated or caused to be operated a vehicle or 23 vehicles in violation of this chapter . 24 Sec. 16. Section 321E.18, Code 2013, is amended to read as 25 follows: 26 321E.18 Overall operations considered. 27 In any proceeding brought under this chapter , the issuing 28 permit-issuing authority shall consider evidence relating to 29 the character and gravity nature and severity of the violations 30 and the extent of the operations of any vehicles by or on 31 behalf of the permit holder upon the public highways of this 32 state, which did not involve any violations. 33 Sec. 17. Section 321E.19, Code 2013, is amended to read as 34 follows: 35 -16- LSB 1290SV (2) 85 dea/nh 16/ 28

S.F. 355 321E.19 Permit suspended, changed, or revoked denial, change, 1 suspension, or revocation . 2 Upon complaint by local authorities or on the department’s 3 own initiative and after notice and hearing before one or 4 more members of the permit issuing body in the case of local 5 authorities or the department of inspections and appeals for 6 permits issued by the state department of transportation, 7 permit privileges under this chapter may be suspended, changed, 8 or revoked in whole or in part by the issuing authority for 9 willful failure to comply with a provision of this chapter , 10 a rule adopted under this chapter , or a term, condition, or 11 limitation of the permit. The permit-issuing authority may 12 deny, change, suspend, or revoke any permit issued by the 13 authority pursuant to this chapter for good cause. A decision 14 of the department may be appealed in accordance with chapter 15 17A, and a decision of a local authority may be appealed in 16 accordance with the appeal procedures of the local authority. 17 Sec. 18. Section 321E.20, Code 2013, is amended to read as 18 follows: 19 321E.20 Suspension period. 20 Whenever the issuing permit-issuing authority finds from the 21 evidence adduced at hearing that a permit holder has willfully 22 operated or caused to be operated a vehicle or vehicles in 23 violation of this chapter , the permit-issuing authority may 24 enter an order suspending, modifying, or revoking the permit 25 in whole or in part at its discretion for a period not to 26 exceed one hundred eighty days. If the issuing permit-issuing 27 authority finds in a subsequent proceeding within twelve months 28 from the date of the initial suspension, modification, or 29 revocation that a permit holder has again willfully operated in 30 violation of this chapter , the issuing permit-issuing authority 31 shall order suspension, modification, or revocation of permit 32 privileges in whole or in part for a period not to exceed two 33 years. 34 Sec. 19. Section 321E.24, Code 2013, is amended by striking 35 -17- LSB 1290SV (2) 85 dea/nh 17/ 28