SF 2248 (LSB 5999SV (2) 86)

SENATE FILE 2248

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SSB 3110)

A BILL FOR

An Act relating to matters under the purview of the department of transportation, providing fees, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
AUTOCYCLES

    Section 1.  Section 321.1, subsection 40, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  “Autocycle” means a motorcycle with two front wheels and one rear wheel, a steering wheel, one or more permanent seats that do not require the operator or a passenger to straddle or sit astride a seat, and foot pedals that control the brakes, acceleration, and clutch, where applicable. 
    Sec. 2.  Section 321.180, subsection 1, paragraph b, subparagraph (2), Code 2016, is amended to read as follows:
   (2)  However, if the permittee is operating a motorcycle that is not an autocycle with two or more seats in accordance with this section or section 321.180B, the accompanying person must be within audible and visual communications distance from the permittee and be accompanying the permittee on or in a different motor vehicle. Only one permittee shall be under the immediate supervision of an accompanying qualified person.
    Sec. 3.  Section 321.180B, subsection 1, paragraph c, subparagraph (2), Code 2016, is amended to read as follows:
   (2)  If the permittee is operating a motorcycle that is not an autocycle with two or more seats in accordance with this section, the accompanying person must be within audible and visual communications distance from the permittee and be accompanying the permittee on or in a different motor vehicle. Only one permittee shall be under the immediate supervision of an accompanying qualified person.
    Sec. 4.  Section 321.189, subsection 1, paragraph a, subparagraphs (3) and (5), Code 2016, are amended to read as follows:
   (3)  Class C —— Valid for the operation of a vehicle, other than a motorcycle that is not an autocycle, or a combination of vehicles with a gross combination weight rating of twenty-six thousand one or more pounds provided the towing vehicle has a gross vehicle weight rating of less than twenty-six thousand one pounds and each towed vehicle has a gross vehicle weight rating of less than ten thousand one pounds, or a combination of vehicles with a gross vehicle weight rating or gross combination weight rating of less than twenty-six thousand one pounds, and also valid for the operation of any vehicle, other than a motorcycle that is not an autocycle, for which the operator is exempt from commercial driver’s license requirements under section 321.176A, and also valid for the operation of an autocycle.
   (5)  Class M —— Valid for the operation of a motorcycle that is not an autocycle.
    Sec. 5.  Section 321.191, subsection 5, Code 2016, is amended to read as follows:
   5.  Licenses valid for motorcycles.  An additional fee of two dollars per year of license validity is required to issue a license valid to operate a motorcycle that is not an autocycle.
    Sec. 6.  Section 321.275, subsection 2, paragraph b, Code 2016, is amended to read as follows:
   b.  Motorcycles.  A person shall not operate or ride a motorcycle on the highways with another person on the motorcycle unless the motorcycle is designed to carry more than one person. The If the motorcycle is not an autocycle, the additional passenger may ride upon the motorcycle’s permanent and regular seat if the seat is designed for two persons, or upon another seat firmly attached to the motorcycle at the rear of the operator.  If the motorcycle is an autocycle, the passenger may ride in a permanent and regular seat within the autocycle designed for a passenger. The A motorcycle that is not an autocycle shall be equipped with footrests for the passenger unless the passenger is riding in a sidecar or enclosed cab. The motorcycle operator shall not carry any person nor shall any other person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
    Sec. 7.  Section 321.275, subsections 3, 5, and 6, Code 2016, are amended to read as follows:
   3.  Sitting position.  A person operating a motorcycle or motorized bicycle shall ride only upon the vehicle’s permanent and regular attached seat. Every person riding upon the vehicle a motorcycle that is not an autocycle shall be sitting astride the seat, facing forward with one leg on either side of the vehicle.
   5.  Headlights on.  A person shall not operate a 1977 or later model year motorcycle that is not an autocycle or any model year motorized bicycle upon the highways without displaying at least one lighted headlamp of the type described in section 321.409.  A person shall not operate any model year autocycle upon the highways without displaying at least two lighted headlamps of the type described in section 321.409. However, this subsection is subject to the exceptions with respect to parked vehicles as provided in this chapter.
   6.  Packages.  The operator of a motorcycle or motorized bicycle or motorcycle that is not an autocycle shall not carry any package, bundle, or other article which prevents the operator from keeping both hands on the handlebars.
    Sec. 8.  Section 321.385, Code 2016, is amended to read as follows:
   321.385  Headlamps on motor vehicles.
   Every motor vehicle other than a motorcycle or motorized bicycle or motorcycle that is not an autocycle shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this chapter.
    Sec. 9.  Section 321.386, Code 2016, is amended to read as follows:
   321.386  Headlamps on motorcycles and motorized bicycles.
   Every motorcycle and motorized bicycle and motorcycle that is not an autocycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this chapter.
    Sec. 10.  Section 321.409, subsection 1, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motorized bicycles or motorcycles that are not autocycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and the lamps may, in addition, be so arranged that selection can be made automatically, subject to the following limitations:
    Sec. 11.  Section 321.409, subsection 2, Code 2016, is amended to read as follows:
   2.  Every new motor vehicle, other than a motorcycle or motorized bicycle or motorcycle that is not an autocycle, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle.
    Sec. 12.  Section 321.415, subsection 2, Code 2016, is amended to read as follows:
   2.  The provisions of subsection 1, paragraphs “a” and “b”, do not apply to motorcycles or motorized bicycles or motorcycles that are not autocycles being operated between sunrise and sunset.
    Sec. 13.  Section 321.430, subsections 1 and 2, Code 2016, are amended to read as follows:
   1.  Every motor vehicle, other than a motorcycle, or motorized bicycle or motorcycle that is not an autocycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
   2.  Every motorcycle and motorized bicycle and motorcycle that is not an autocycle, when operated upon a highway, shall be equipped with at least one brake, which may be operated by hand or foot.
    Sec. 14.  Section 321.430, subsection 4, paragraph a, Code 2016, is amended to read as follows:
   a.  Any motorcycle or motorized bicycle or motorcycle that is not an autocycle.
    Sec. 15.  Section 321.445, subsection 1, Code 2016, is amended to read as follows:
   1.  Except for motorcycles or motorized bicycles or motorcycles that are not autocycles, 1966 model year or newer motor vehicles subject to registration in Iowa shall be equipped with safety belts and safety harnesses which conform with federal motor vehicle safety standard numbers 209 and 210 as published in 49 C.F.R. §571.209 – 571.210 and with prior federal motor vehicle safety standards for seat belt assemblies and seat belt assembly anchorages applicable for the motor vehicle’s model year.
    Sec. 16.  Section 321.445, subsection 2, paragraph a, Code 2016, is amended to read as follows:
   a.  The driver and front seat occupants of a type of motor vehicle that is subject to registration in Iowa, except a motorcycle or a motorized bicycle or motorcycle that is not an autocycle, shall each wear a properly adjusted and fastened safety belt or safety harness any time the vehicle is in forward motion on a street or highway in this state except that a child under eighteen years of age shall be secured as required under section 321.446.
    Sec. 17.  Section 321.446, subsections 1 and 2, Code 2016, are amended to read as follows:
   1.  a.  A child under one year of age and weighing less than twenty pounds who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle that is not an autocycle, shall be secured during transit in a rear-facing child restraint system that is used in accordance with the manufacturer’s instructions.
   b.  A child under six years of age who does not meet the description in paragraph “a” and who is being transported in a motor vehicle subject to registration, except a school bus or a motorcycle that is not an autocycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer’s instructions.
   2.  A child at least six years of age but under eighteen years of age who is being transported in a motor vehicle subject to registration, except a school bus or a motorcycle that is not an autocycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer’s instructions or by a safety belt or safety harness of a type approved under section 321.445.
    Sec. 18.  Section 322D.1, subsection 7, Code 2016, is amended by striking the subsection and inserting in lieu thereof the following:
   7.  “Motorcycle” means a motorcycle, including an autocycle, as those terms are defined in section 321.1. “Motorcycle” does not include an all-terrain vehicle.
DIVISION II
REPAIRED SALVAGE MOTOR VEHICLES

    Sec. 19.  Section 321.24, subsection 5, Code 2016, is amended to read as follows:
   5.  If the prior certificate of title is from another state and indicates that the vehicle was junked, an Iowa junking certificate shall be issued according to section 321.52, subsections 2 and 3. If the prior certificate of title from another state indicates that the vehicle is salvaged and not rebuilt or is a salvage certificate of title, an Iowa salvage certificate of title shall be issued and a “SALVAGE” designation shall be retained on all subsequent Iowa certificates of title and registration receipts for the vehicle, except unless the owner has surrendered the prior certificate of title and a salvage theft examination certificate, as provided under section 321.52, subsection 4, paragraph “b”, and the salvage theft examination certificate was properly executed within thirty days of the date the owner was assigned the prior certificate of title. The department may require that subsequent Iowa certificates of title retain other states’ designations which indicate that a vehicle had incurred prior damage. The department shall determine the manner in which other states’ rebuilt, salvage, or other designations are to be indicated on Iowa titles.
    Sec. 20.  Section 321.52, subsection 4, paragraph c, Code 2016, is amended to read as follows:
   c.  A salvage theft examination shall be made by a peace officer who has been specially certified and recertified when required by the Iowa law enforcement academy to do salvage theft examinations. The Iowa law enforcement academy shall determine standards for training and certification, conduct training, and may approve alternative training programs which satisfy the academy’s standards for training and certification. The owner of the salvage vehicle shall make the vehicle available for examination at a time and location designated by the peace officer doing the examination. The owner may obtain a permit to drive the vehicle to and from the examination location by submitting a repair affidavit to the agency performing the examination stating that the vehicle is reasonably safe for operation and listing the repairs which have been made to the vehicle. The owner must be present for the examination and have available for inspection the salvage title, bills of sale for all essential parts changed, if applicable, and the repair affidavit. The examination shall be for the purposes of determining whether the vehicle or repair components have been stolen. The examination is not a safety inspection and a signed salvage theft examination certificate shall not be construed by any court of law to be a certification that the vehicle is safe to be operated. There shall be no cause of action against the peace officer or the agency conducting the examination or the county treasurer for failure to discover or note safety defects. If the vehicle passes the theft examination, the peace officer shall indicate that the vehicle passed examination on the salvage theft examination certificate. The permit and salvage theft examination certificate shall be on controlled forms prescribed and furnished by the department. The owner shall pay a fee of thirty fifty dollars upon completion of at the time the examination is scheduled. The agency performing the examinations shall retain twenty forty dollars of the fee and shall pay five dollars of the fee to the department and five dollars of the fee to the treasurer of state for deposit in the general fund of the state. Moneys deposited to the general fund under this paragraph are subject to the requirements of section 8.60 and shall be used by the Iowa law enforcement academy to provide for the special training, certification, and recertification of officers as required by this subsection.
DIVISION III
SPECIAL MINOR’S DRIVER’S LICENSES

    Sec. 21.  Section 321.194, subsection 1, paragraph a, subparagraph (2), Code 2016, is amended to read as follows:
   (2)  During the hours of 5:00 a.m. to 10:00 p.m. over the most direct and accessible route between the licensee’s residence or school of enrollment and a school that is not the student’s licensee’s school of enrollment, but is within or contiguous to the licensee’s district of residence, for the purpose of participating in extracurricular activities conducted under a sharing agreement with the student’s school of enrollment.
DIVISION IV
OVERSIZE AND OVERWEIGHT MOTOR VEHICLES

    Sec. 22.  Section 321E.7, subsection 1, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Vehicles operating under a permit issued pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross weight not to exceed forty-six thousand pounds on a single tandem axle of the truck tractor and a gross weight not to exceed forty-six thousand pounds on a single tandem axle of the trailer or semitrailer if each axle of each tandem group has at least four tires.
DIVISION V
AIRCRAFT

    Sec. 23.  Section 328.24, subsection 1, Code 2016, is amended to read as follows:
   1.  If, during the year for which an aircraft, except nonresident aircraft used for the application of herbicides and pesticides, was registered and the required fee paid, the aircraft is destroyed by fire or accident or junked, and its identity as an aircraft entirely eliminated, or the aircraft is removed and continuously used beyond the boundaries of the state, then the owner in whose name it was registered at the time of destruction, dismantling, or removal from the state shall return the certificate of registration to the department within thirty days and make affidavit of the destruction, dismantling, or removal and make claim for the refund. The refund shall be paid from the general fund of the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   DIVISION I —— AUTOCYCLES. This bill defines an autocycle as a motorcycle with two front wheels and one rear wheel, a steering wheel, one or more permanent seats that do not require the operator or a passenger to straddle or sit astride a seat, and foot pedals that control the brakes, acceleration, and clutch. Under the bill, autocycles are treated as motorcycles under the Code, including for purposes of registration and display of one license plate, except that autocycles are required to operate with two front headlamps, may transport packages in the vehicle, must be operated under a class C driver’s license instead of a class M driver’s license, are not exempt from lighting equipment requirements, are not exempt from brake requirements generally applicable to motor vehicles, and are not exempt from safety belt and child restraint requirements generally applicable to motor vehicles.
   DIVISION II —— REPAIRED SALVAGE MOTOR VEHICLES. Current law requires the owner of a repaired vehicle with a salvage certificate of title from another state to apply for and be issued an Iowa salvage certificate of title before the owner may apply for and be issued an Iowa certificate of title indicating the repaired vehicle was previously titled as salvage. The bill allows the owner of a repaired vehicle to obtain an Iowa certificate of title indicating the repaired vehicle was previously titled as salvage by surrendering the foreign salvage certificate of title and a salvage theft examination certificate properly executed within 30 days of the date the owner was assigned the foreign certificate of title.
   Under current law, the $30 fee for a salvage theft examination is due upon completion of the examination. The bill increases the fee to $50 and requires the fee to be paid at the time the examination is scheduled.
   DIVISION III —— SPECIAL MINOR’S DRIVER’S LICENSES. Under current law, a special minor’s driver’s license entitles the licensee to travel between the licensee’s residence or school of enrollment and a school that is not the licensee’s school of enrollment for the purpose of participating in extracurricular activities. The bill requires the school that is not the licensee’s school of enrollment to be within or contiguous to the licensee’s district of residence.
   DIVISION IV —— OVERSIZE AND OVERWEIGHT MOTOR VEHICLES. 

Current law limits the weight of a vehicle operating under a permit related to excessive size and weight to 20,000 pounds per axle, or 40,000 pounds per tandem axle. The bill allows such vehicles to have a weight of 46,000 pounds on a single tandem axle of the truck tractor and 46,000 pounds on a single tandem axle of the trailer or semitrailer if each axle of each tandem group has at least four tires.
   DIVISION V —— AIRCRAFT. Under current law, the owner of an aircraft may receive a registration refund if the aircraft is destroyed by fire or accident or junked, and its identity as an aircraft entirely eliminated, or the aircraft is removed and continuously used beyond the boundaries of the state. However, nonresident owners of aircraft used for the application of herbicides and pesticides are prohibited from receiving a refund. The bill prohibits all owners of aircraft used for the application of herbicides and pesticides from receiving a refund.