House File 2383 - Introduced HOUSE FILE 2383 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 615) A BILL FOR An Act relating to matters under the purview of the department 1 of transportation, providing fees, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5263HV (2) 86 ns/nh
H.F. 2383 DIVISION I 1 AUTOCYCLES 2 Section 1. Section 321.1, Code 2016, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 06A. “Autocycle” means a motor vehicle 5 with two front wheels and one rear wheel, a steering wheel, 6 one or more permanent seats that do not require the operator 7 or a passenger to straddle or sit astride a seat, and foot 8 pedals that control the brakes, acceleration, and clutch, where 9 applicable. An autocycle is not a motorcycle or a motorized 10 bicycle. 11 Sec. 2. Section 321.34, subsection 1, Code 2016, is amended 12 to read as follows: 13 1. Plates issued. The county treasurer upon receiving 14 application, accompanied by proper fee, for registration of a 15 vehicle shall issue to the owner one registration plate for 16 a motorcycle, motorized bicycle, autocycle, truck tractor, 17 trailer, or semitrailer and two registration plates for every 18 other motor vehicle. The registration plates, including 19 special registration plates, shall be assigned to the owner of 20 a vehicle. When the owner of a registered vehicle transfers or 21 assigns ownership of the vehicle to another person, the owner 22 shall remove the registration plates from the vehicle. The 23 owner shall forward the plates to the county treasurer where 24 the vehicle is registered or the owner may have the plates 25 assigned to another vehicle within thirty days after transfer, 26 upon payment of the fees required by law. The owner shall 27 immediately affix registration plates retained by the owner to 28 another vehicle owned or acquired by the owner, providing the 29 owner complies with section 321.46 . The department shall adopt 30 rules providing for the assignment of registration plates to 31 the transferee of a vehicle for which a credit is allowed under 32 section 321.46, subsection 6 . 33 Sec. 3. Section 321.37, subsection 1, Code 2016, is amended 34 to read as follows: 35 -1- LSB 5263HV (2) 86 ns/nh 1/ 8
H.F. 2383 1. Registration plates issued for a motor vehicle other 1 than a an autocycle, motorcycle, motorized bicycle , or a truck 2 tractor shall be attached to the motor vehicle, one in the 3 front and the other in the rear. The registration plate issued 4 for a an autocycle, motorcycle , or other vehicle required to 5 be registered hereunder shall be attached to the rear of the 6 vehicle. The registration plate issued for a truck tractor 7 shall be attached to the front of the truck tractor. The 8 special plate issued to a dealer shall be attached on the rear 9 of the vehicle when operated on the highways of this state. 10 Sec. 4. Section 321.109, subsection 3, Code 2016, is amended 11 to read as follows: 12 3. The owner of an unregistered motor vehicle or motor 13 vehicle for which the registration is delinquent may make 14 application to the county treasurer of the county of residence 15 or, if the unregistered or delinquent motor vehicle is 16 purchased by a nonresident of the state, to the county 17 treasurer in the county of purchase, for a temporary thirty-day 18 permit for a fee of twenty-five dollars. The permit shall 19 authorize the motor vehicle to be driven or towed upon the 20 highway, but shall not authorize a motor truck or truck tractor 21 to haul or tow a load. The permit fee shall not be considered 22 a registration fee or exempt the owner from payment of all 23 other fees, registration fees, and penalties due. If the 24 annual registration fee for the motor vehicle is delinquent, 25 the annual registration fee and penalty shall continue to 26 accrue until paid. The permit fee shall not be prorated, 27 refunded, or used as credit as provided under section 321.46 . 28 The permit shall be displayed in the upper left-hand corner of 29 the rear window of all motor vehicles, except motorcycles and 30 autocycles . Permits issued for a motorcycle or autocycle shall 31 be attached to the rear of the motorcycle or autocycle . 32 Sec. 5. Section 321.166, subsections 1, 3, and 4, Code 2016, 33 are amended to read as follows: 34 1. a. Registration plates shall be of metal and of a size 35 -2- LSB 5263HV (2) 86 ns/nh 2/ 8
H.F. 2383 not to exceed six inches by twelve inches, except that the size 1 of plates issued for use on autocycles, motorized bicycles, 2 motorcycles, motorcycle trailers, and trailers with an empty 3 weight of two thousand pounds or less shall be established by 4 the department. 5 b. Trailers with empty weights of two thousand pounds or 6 less may, upon request, be licensed with regular-sized license 7 plates. 8 3. The registration plate number shall be displayed in 9 characters which shall not exceed a height of four inches nor a 10 stroke width exceeding five-eighths of an inch. Special plates 11 issued to dealers shall display the alphabetical character 12 “D”, which shall be of the same size as the characters in the 13 registration plate. The registration plate number issued for 14 autocycles, motorized bicycles, motorcycles, trailers with an 15 empty weight of two thousand pounds or less, and motorcycle 16 trailers shall be a size prescribed by the department. 17 4. The registration plate number, except on autocycles, 18 motorized bicycles, motorcycles, motorcycle trailers, and 19 trailers with an empty weight of two thousand pounds or less, 20 shall be of sufficient size to be readable from a distance of 21 one hundred feet during daylight. 22 DIVISION II 23 REPAIRED SALVAGE MOTOR VEHICLES 24 Sec. 6. Section 321.24, subsection 5, Code 2016, is amended 25 to read as follows: 26 5. If the prior certificate of title is from another state 27 and indicates that the vehicle was junked, an Iowa junking 28 certificate shall be issued according to section 321.52, 29 subsections 2 and 3 . If the prior certificate of title 30 from another state indicates that the vehicle is salvaged 31 and not rebuilt or is a salvage certificate of title, an 32 Iowa salvage certificate of title shall be issued and a 33 “SALVAGE” designation shall be retained on all subsequent 34 Iowa certificates of title and registration receipts for 35 -3- LSB 5263HV (2) 86 ns/nh 3/ 8
H.F. 2383 the vehicle, except unless the owner has surrendered the 1 prior certificate of title and a salvage theft examination 2 certificate, as provided under section 321.52, subsection 4 , 3 paragraph “b” , and the salvage theft examination certificate 4 was properly executed within thirty days of the date the owner 5 was assigned the prior certificate of title . The department 6 may require that subsequent Iowa certificates of title retain 7 other states’ designations which indicate that a vehicle had 8 incurred prior damage. The department shall determine the 9 manner in which other states’ rebuilt, salvage, or other 10 designations are to be indicated on Iowa titles. 11 Sec. 7. Section 321.52, subsection 4, paragraph c, Code 12 2016, is amended to read as follows: 13 c. A salvage theft examination shall be made by a peace 14 officer who has been specially certified and recertified when 15 required by the Iowa law enforcement academy to do salvage 16 theft examinations. The Iowa law enforcement academy shall 17 determine standards for training and certification, conduct 18 training, and may approve alternative training programs 19 which satisfy the academy’s standards for training and 20 certification. The owner of the salvage vehicle shall make 21 the vehicle available for examination at a time and location 22 designated by the peace officer doing the examination. The 23 owner may obtain a permit to drive the vehicle to and from the 24 examination location by submitting a repair affidavit to the 25 agency performing the examination stating that the vehicle is 26 reasonably safe for operation and listing the repairs which 27 have been made to the vehicle. The owner must be present 28 for the examination and have available for inspection the 29 salvage title, bills of sale for all essential parts changed, 30 if applicable, and the repair affidavit. The examination 31 shall be for the purposes of determining whether the vehicle 32 or repair components have been stolen. The examination is not 33 a safety inspection and a signed salvage theft examination 34 certificate shall not be construed by any court of law to 35 -4- LSB 5263HV (2) 86 ns/nh 4/ 8
H.F. 2383 be a certification that the vehicle is safe to be operated. 1 There shall be no cause of action against the peace officer 2 or the agency conducting the examination or the county 3 treasurer for failure to discover or note safety defects. If 4 the vehicle passes the theft examination, the peace officer 5 shall indicate that the vehicle passed examination on the 6 salvage theft examination certificate. The permit and salvage 7 theft examination certificate shall be on controlled forms 8 prescribed and furnished by the department. The owner shall 9 pay a fee of thirty fifty dollars upon completion of at the 10 time the examination is scheduled . The agency performing the 11 examinations shall retain twenty forty dollars of the fee and 12 shall pay five dollars of the fee to the department and five 13 dollars of the fee to the treasurer of state for deposit in the 14 general fund of the state. Moneys deposited to the general 15 fund under this paragraph are subject to the requirements of 16 section 8.60 and shall be used by the Iowa law enforcement 17 academy to provide for the special training, certification, and 18 recertification of officers as required by this subsection . 19 DIVISION III 20 SPECIAL MINOR’S DRIVER’S LICENSES 21 Sec. 8. Section 321.194, subsection 1, paragraph a, 22 subparagraph (2), Code 2016, is amended to read as follows: 23 (2) During the hours of 5:00 a.m. to 10:00 p.m. over 24 the most direct and accessible route between the licensee’s 25 residence or school of enrollment and a school that is not 26 the student’s licensee’s school of enrollment , but is within 27 or contiguous to the licensee’s district of residence, for 28 the purpose of participating in extracurricular activities 29 conducted under a sharing agreement with the student’s school 30 of enrollment. 31 DIVISION IV 32 OVERSIZE AND OVERWEIGHT MOTOR VEHICLES 33 Sec. 9. Section 321E.7, subsection 1, Code 2016, is amended 34 by adding the following new paragraph: 35 -5- LSB 5263HV (2) 86 ns/nh 5/ 8
H.F. 2383 NEW PARAGRAPH . e. Vehicles operating under a permit issued 1 pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross 2 weight not to exceed forty-six thousand pounds on a single 3 tandem axle of the truck tractor and a gross weight not to 4 exceed forty-six thousand pounds on a single tandem axle of the 5 trailer or semitrailer if each axle of each tandem group has at 6 least four tires. 7 DIVISION V 8 AIRCRAFT 9 Sec. 10. Section 328.24, subsection 1, Code 2016, is amended 10 to read as follows: 11 1. If, during the year for which an aircraft, except 12 nonresident aircraft used for the application of herbicides 13 and pesticides, was registered and the required fee paid, the 14 aircraft is destroyed by fire or accident or junked, and its 15 identity as an aircraft entirely eliminated, or the aircraft 16 is removed and continuously used beyond the boundaries of the 17 state, then the owner in whose name it was registered at the 18 time of destruction, dismantling, or removal from the state 19 shall return the certificate of registration to the department 20 within thirty days and make affidavit of the destruction, 21 dismantling, or removal and make claim for the refund. The 22 refund shall be paid from the general fund of the state. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 DIVISION I —— AUTOCYCLES. The bill defines an autocycle 27 as a motor vehicle with two front wheels and one rear wheel, 28 a steering wheel, one or more permanent seats that do not 29 require the operator or a passenger to straddle or sit astride 30 a seat, and foot pedals that control the brakes, acceleration, 31 and clutch. An autocycle is not a motorcycle or a motorized 32 bicycle. Under the bill, autocycles are treated as motor 33 vehicles under the Code, except an autocycle is issued and 34 required to display one registration plate of a size determined 35 -6- LSB 5263HV (2) 86 ns/nh 6/ 8
H.F. 2383 by the department of transportation on the rear of the 1 autocycle and is required to display a temporary registration 2 permit on the rear of the autocycle where applicable. 3 DIVISION II —— REPAIRED SALVAGE MOTOR VEHICLES. Current 4 law requires the owner of a repaired vehicle with a salvage 5 certificate of title from another state to apply for and be 6 issued an Iowa salvage certificate of title before the owner 7 may apply for and be issued an Iowa certificate of title 8 indicating the repaired vehicle was previously titled as 9 salvage. The bill allows the owner of a repaired vehicle to 10 obtain an Iowa certificate of title indicating the repaired 11 vehicle was previously titled as salvage by surrendering the 12 foreign salvage certificate of title and a salvage theft 13 examination certificate properly executed within 30 days of the 14 date the owner was assigned the foreign certificate of title. 15 Under current law, the $30 fee for a salvage theft 16 examination is due upon completion of the examination. The 17 bill increases the fee to $50 and requires the fee to be paid at 18 the time the examination is scheduled. 19 DIVISION III —— SPECIAL MINOR’S DRIVER’S LICENSES. Under 20 current law, a special minor’s driver’s license entitles the 21 licensee to travel between the licensee’s residence or school 22 of enrollment and a school that is not the licensee’s school of 23 enrollment for the purpose of participating in extracurricular 24 activities. The bill requires the school that is not the 25 licensee’s school of enrollment to be within or contiguous to 26 the licensee’s district of residence. 27 DIVISION IV —— OVERSIZE AND OVERWEIGHT MOTOR VEHICLES. 28 Current law limits the weight of a vehicle operating under a 29 permit related to excessive size and weight to 20,000 pounds 30 per axle, or 40,000 pounds per tandem axle. The bill allows 31 such vehicles to have a weight of 46,000 pounds on a single 32 tandem axle of the truck tractor and 46,000 pounds on a single 33 tandem axle of the trailer or semitrailer if each axle of each 34 tandem group has at least four tires. 35 -7- LSB 5263HV (2) 86 ns/nh 7/ 8
H.F. 2383 DIVISION V —— AIRCRAFT. Under current law, the owner of an 1 aircraft may receive a registration refund if the aircraft is 2 destroyed by fire or accident or junked, and its identity as an 3 aircraft entirely eliminated, or the aircraft is removed and 4 continuously used beyond the boundaries of the state. However, 5 nonresident owners of aircraft used for the application of 6 herbicides and pesticides are prohibited from receiving a 7 refund. The bill prohibits all owners of aircraft used for 8 the application of herbicides and pesticides from receiving a 9 refund. 10 -8- LSB 5263HV (2) 86 ns/nh 8/ 8