Senate File 291 - Introduced SENATE FILE 291 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 49) A BILL FOR An Act relating to size, weight, and load limit applicability 1 to authorized emergency vehicles. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1672SV (3) 86 ns/nh
S.F. 291 Section 1. Section 321.453, Code 2015, is amended to read 1 as follows: 2 321.453 Exceptions. 3 The provisions of this chapter governing size, weight, and 4 load and the permit requirements of chapter 321E do not apply 5 to fire apparatus ; self-propelled authorized emergency vehicles 6 which are owned and operated by a state, county, or municipal 7 law enforcement agency ; road maintenance equipment owned by, 8 under lease to, or used in the performance of a contract with 9 any state or local authority; implements of husbandry when 10 moved or moving upon a highway that is not a portion of the 11 interstate; or equipment used primarily for construction of 12 permanent conservation practices on agricultural land when 13 moved or moving upon a highway that is not a portion of the 14 interstate, so long as the equipment is without payload and 15 the movement does not violate posted weight limitations on 16 bridges, except as provided in sections 321.463 , 321.471 , 17 and 321.474 . A vehicle that is carrying an implement of 18 husbandry or equipment used primarily for construction of 19 permanent conservation practices and is exempted from the 20 permit requirements under this section shall be equipped 21 with an amber flashing light visible from the rear. If the 22 amber flashing light is obstructed by the loaded implement or 23 equipment, the loaded implement or equipment shall also be 24 equipped with and display an amber flashing light. The vehicle 25 shall also be equipped with warning flags on that portion of 26 the vehicle which protrudes into oncoming traffic, and shall 27 only operate from thirty minutes prior to sunrise to thirty 28 minutes following sunset. 29 Sec. 2. Section 321.457, subsection 3, Code 2015, is amended 30 to read as follows: 31 3. Fire fighting apparatus , self-propelled authorized 32 emergency vehicles which are owned and operated by a state, 33 county, or municipal law enforcement agency, and vehicles 34 operated during daylight hours when transporting poles, pipe, 35 -1- LSB 1672SV (3) 86 ns/nh 1/ 4
S.F. 291 machinery, or other objects of a structural nature which cannot 1 be readily disassembled when required for emergency repair of 2 public service facilities or properties are not subject to the 3 limitations on overall length of vehicles and combinations of 4 vehicles imposed under this section . However, for operation 5 during nighttime hours, these vehicles and the load being 6 transported shall be equipped with a sufficient number of 7 clearance lamps on both sides and marker lamps at the extreme 8 ends of the projecting load to clearly mark the dimensions of 9 the load. A member of the state patrol or a peace officer 10 designated by the department under section 321.477 shall also 11 be notified prior to the operation of the vehicle. 12 Sec. 3. Section 321.471, subsection 1, paragraph a, Code 13 2015, is amended to read as follows: 14 a. Local authorities with respect to a highway under their 15 jurisdiction may by ordinance or resolution prohibit the 16 operation of vehicles upon the highway or impose restrictions 17 as to the weight of vehicles to be operated upon the highway 18 for a total period of not to exceed ninety days in any one 19 calendar year, whenever the highway by reason of deterioration, 20 rain, snow, or other climatic conditions will be seriously 21 damaged or destroyed unless the use of vehicles on the 22 highway is prohibited or the permissible weights reduced. 23 The ordinance or resolution shall not apply to implements of 24 husbandry as defined in section 321.1 , implements of husbandry 25 loaded on hauling units for transporting the implements to 26 locations for repair, self-propelled authorized emergency 27 vehicles which are owned and operated by a state, county, or 28 municipal law enforcement agency, or fire apparatus and road 29 maintenance equipment owned by, under lease to, or used in the 30 performance of a contract with a state or local authority. 31 Sec. 4. Section 321.471, subsection 2, paragraph a, Code 32 2015, is amended to read as follows: 33 a. Upon a finding that a bridge or culvert does not 34 meet established standards set forth by state and federal 35 -2- LSB 1672SV (3) 86 ns/nh 2/ 4
S.F. 291 authorities, local authorities may by ordinance or resolution 1 impose limitations for an indefinite period of time on 2 the weight of vehicles upon bridges or culverts located on 3 highways under their sole jurisdiction. The limitations shall 4 be effective when signs giving notice of the limitations 5 are erected. The ordinance or resolution shall not apply 6 to implements of husbandry loaded on hauling units for 7 transporting the implements to locations for purposes of 8 repair , to self-propelled authorized emergency vehicles which 9 are owned and operated by a state, county, or municipal law 10 enforcement agency, or to fire apparatus or road maintenance 11 equipment owned by, under lease to, or used in the performance 12 of a contract with a state or local authority. 13 Sec. 5. Section 321.474, subsection 1, Code 2015, is amended 14 to read as follows: 15 1. The department shall have authority, as granted to 16 local authorities, to determine by resolution and to impose 17 restrictions as to the weight of vehicles, except implements of 18 husbandry as defined in section 321.1 , implements of husbandry 19 loaded on hauling units for transporting the implements to 20 locations for repair, self-propelled authorized emergency 21 vehicles which are owned and operated by a state, county, or 22 municipal law enforcement agency, and fire apparatus and road 23 maintenance equipment owned by, under lease to, or used in the 24 performance of a contract with a state or local authority, 25 operated upon any highway under the jurisdiction of the 26 department for a definite period of time not to exceed twelve 27 months. The restrictions shall be effective when signs giving 28 notice of the restrictions and the expiration date of the 29 restrictions are erected upon the affected highway or portion 30 of highway. 31 Sec. 6. Section 321.474, subsection 2, Code 2015, is amended 32 to read as follows: 33 2. Upon a finding that a bridge or culvert does not 34 meet established standards set forth by state and federal 35 -3- LSB 1672SV (3) 86 ns/nh 3/ 4
S.F. 291 authorities, the department may impose, by resolution, 1 restrictions for an indefinite period of time on the weight of 2 vehicles operated upon bridges or culverts located on highways 3 under its jurisdiction. The restrictions shall be effective 4 when signs giving notice of the restrictions are erected. The 5 restrictions shall not apply to implements of husbandry loaded 6 on hauling units for transporting the implements to locations 7 for purposes of repair , to self-propelled authorized emergency 8 vehicles which are owned and operated by a state, county, or 9 municipal law enforcement agency, or to fire apparatus or road 10 maintenance equipment owned by, under lease to, or used in the 11 performance of a contract with a state or local authority. 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 Current law provides that fire apparatus are not subject 16 to certain motor vehicle size, weight, and load limit 17 requirements, or the permit requirements of Code chapter 321E. 18 Current law also provides that fire apparatus are not subject 19 to local ordinances or departmental regulations restricting 20 vehicle weight. 21 The bill broadens these exceptions to include all 22 self-propelled authorized emergency vehicles which are owned 23 and operated by a state, county, or municipal law enforcement 24 agency. Authorized emergency vehicles include fire department 25 vehicles, police vehicles, ambulances, and other emergency 26 vehicles owned by the government. 27 -4- LSB 1672SV (3) 86 ns/nh 4/ 4