SF 291 (LSB 1672SV (3) 86)

SENATE FILE 291

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 49)

A BILL FOR

An Act relating to size, weight, and load limit applicability to authorized emergency vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.453, Code 2015, is amended to read as follows:
   321.453  Exceptions.

   The provisions of this chapter governing size, weight, and load and the permit requirements of chapter 321E do not apply to fire apparatus; self-propelled authorized emergency vehicles which are owned and operated by a state, county, or municipal law enforcement agency; road maintenance equipment owned by, under lease to, or used in the performance of a contract with any state or local authority; implements of husbandry when moved or moving upon a highway that is not a portion of the interstate; or equipment used primarily for construction of permanent conservation practices on agricultural land when moved or moving upon a highway that is not a portion of the interstate, so long as the equipment is without payload and the movement does not violate posted weight limitations on bridges, except as provided in sections 321.463, 321.471, and 321.474. A vehicle that is carrying an implement of husbandry or equipment used primarily for construction of permanent conservation practices and is exempted from the permit requirements under this section shall be equipped with an amber flashing light visible from the rear. If the amber flashing light is obstructed by the loaded implement or equipment, the loaded implement or equipment shall also be equipped with and display an amber flashing light. The vehicle shall also be equipped with warning flags on that portion of the vehicle which protrudes into oncoming traffic, and shall only operate from thirty minutes prior to sunrise to thirty minutes following sunset.
    Sec. 2.  Section 321.457, subsection 3, Code 2015, is amended to read as follows:
   3.  Fire fighting apparatus, self-propelled authorized emergency vehicles which are owned and operated by a state, county, or municipal law enforcement agency, and vehicles operated during daylight hours when transporting poles, pipe, machinery, or other objects of a structural nature which cannot be readily disassembled when required for emergency repair of public service facilities or properties are not subject to the limitations on overall length of vehicles and combinations of vehicles imposed under this section. However, for operation during nighttime hours, these vehicles and the load being transported shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps at the extreme ends of the projecting load to clearly mark the dimensions of the load. A member of the state patrol or a peace officer designated by the department under section 321.477 shall also be notified prior to the operation of the vehicle.
    Sec. 3.  Section 321.471, subsection 1, paragraph a, Code 2015, is amended to read as follows:
   a.  Local authorities with respect to a highway under their jurisdiction may by ordinance or resolution prohibit the operation of vehicles upon the highway or impose restrictions as to the weight of vehicles to be operated upon the highway for a total period of not to exceed ninety days in any one calendar year, whenever the highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles on the highway is prohibited or the permissible weights reduced. The ordinance or resolution shall not apply to implements of husbandry as defined in section 321.1, implements of husbandry loaded on hauling units for transporting the implements to locations for repair, self-propelled authorized emergency vehicles which are owned and operated by a state, county, or municipal law enforcement agency, or fire apparatus and road maintenance equipment owned by, under lease to, or used in the performance of a contract with a state or local authority.
    Sec. 4.  Section 321.471, subsection 2, paragraph a, Code 2015, is amended to read as follows:
   a.  Upon a finding that a bridge or culvert does not meet established standards set forth by state and federal authorities, local authorities may by ordinance or resolution impose limitations for an indefinite period of time on the weight of vehicles upon bridges or culverts located on highways under their sole jurisdiction. The limitations shall be effective when signs giving notice of the limitations are erected. The ordinance or resolution shall not apply to implements of husbandry loaded on hauling units for transporting the implements to locations for purposes of repair, to self-propelled authorized emergency vehicles which are owned and operated by a state, county, or municipal law enforcement agency, or to fire apparatus or road maintenance equipment owned by, under lease to, or used in the performance of a contract with a state or local authority.
    Sec. 5.  Section 321.474, subsection 1, Code 2015, is amended to read as follows:
   1.  The department shall have authority, as granted to local authorities, to determine by resolution and to impose restrictions as to the weight of vehicles, except implements of husbandry as defined in section 321.1, implements of husbandry loaded on hauling units for transporting the implements to locations for repair, self-propelled authorized emergency vehicles which are owned and operated by a state, county, or municipal law enforcement agency, and fire apparatus and road maintenance equipment owned by, under lease to, or used in the performance of a contract with a state or local authority, operated upon any highway under the jurisdiction of the department for a definite period of time not to exceed twelve months. The restrictions shall be effective when signs giving notice of the restrictions and the expiration date of the restrictions are erected upon the affected highway or portion of highway.
    Sec. 6.  Section 321.474, subsection 2, Code 2015, is amended to read as follows:
   2.  Upon a finding that a bridge or culvert does not meet established standards set forth by state and federal authorities, the department may impose, by resolution, restrictions for an indefinite period of time on the weight of vehicles operated upon bridges or culverts located on highways under its jurisdiction. The restrictions shall be effective when signs giving notice of the restrictions are erected. The restrictions shall not apply to implements of husbandry loaded on hauling units for transporting the implements to locations for purposes of repair, to self-propelled authorized emergency vehicles which are owned and operated by a state, county, or municipal law enforcement agency, or to fire apparatus or road maintenance equipment owned by, under lease to, or used in the performance of a contract with a state or local authority.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Current law provides that fire apparatus are not subject to certain motor vehicle size, weight, and load limit requirements, or the permit requirements of Code chapter 321E. Current law also provides that fire apparatus are not subject to local ordinances or departmental regulations restricting vehicle weight.
   The bill broadens these exceptions to include all self-propelled authorized emergency vehicles which are owned and operated by a state, county, or municipal law enforcement agency. Authorized emergency vehicles include fire department vehicles, police vehicles, ambulances, and other emergency vehicles owned by the government.