Senate Study Bill 3110 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BOWMAN) A BILL FOR An Act relating to matters under the purview of the department 1 of transportation, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5999XC (3) 86 ns/nh
S.F. _____ DIVISION I 1 AUTOCYCLES 2 Section 1. Section 321.1, subsection 40, Code 2016, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . d. “Autocycle” means a motorcycle with two 5 front wheels and one rear wheel, a steering wheel, one or more 6 permanent seats that do not require the operator or a passenger 7 to straddle or sit astride a seat, and foot pedals that control 8 the brakes, acceleration, and clutch, where applicable. 9 Sec. 2. Section 321.180, subsection 1, paragraph b, 10 subparagraph (2), Code 2016, is amended to read as follows: 11 (2) However, if the permittee is operating a motorcycle 12 that is not an autocycle with two or more seats in accordance 13 with this section or section 321.180B , the accompanying person 14 must be within audible and visual communications distance from 15 the permittee and be accompanying the permittee on or in a 16 different motor vehicle. Only one permittee shall be under the 17 immediate supervision of an accompanying qualified person. 18 Sec. 3. Section 321.180B, subsection 1, paragraph c, 19 subparagraph (2), Code 2016, is amended to read as follows: 20 (2) If the permittee is operating a motorcycle that is 21 not an autocycle with two or more seats in accordance with 22 this section , the accompanying person must be within audible 23 and visual communications distance from the permittee and be 24 accompanying the permittee on or in a different motor vehicle. 25 Only one permittee shall be under the immediate supervision of 26 an accompanying qualified person. 27 Sec. 4. Section 321.189, subsection 1, paragraph a, 28 subparagraphs (3) and (5), Code 2016, are amended to read as 29 follows: 30 (3) Class C —— Valid for the operation of a vehicle, other 31 than a motorcycle that is not an autocycle , or a combination of 32 vehicles with a gross combination weight rating of twenty-six 33 thousand one or more pounds provided the towing vehicle has a 34 gross vehicle weight rating of less than twenty-six thousand 35 -1- LSB 5999XC (3) 86 ns/nh 1/ 11
S.F. _____ one pounds and each towed vehicle has a gross vehicle weight 1 rating of less than ten thousand one pounds, or a combination 2 of vehicles with a gross vehicle weight rating or gross 3 combination weight rating of less than twenty-six thousand 4 one pounds , and also valid for the operation of any vehicle, 5 other than a motorcycle that is not an autocycle , for which 6 the operator is exempt from commercial driver’s license 7 requirements under section 321.176A , and also valid for the 8 operation of an autocycle . 9 (5) Class M —— Valid for the operation of a motorcycle that 10 is not an autocycle . 11 Sec. 5. Section 321.191, subsection 5, Code 2016, is amended 12 to read as follows: 13 5. Licenses valid for motorcycles. An additional fee of two 14 dollars per year of license validity is required to issue a 15 license valid to operate a motorcycle that is not an autocycle . 16 Sec. 6. Section 321.275, subsection 2, paragraph b, Code 17 2016, is amended to read as follows: 18 b. Motorcycles. A person shall not operate or ride 19 a motorcycle on the highways with another person on the 20 motorcycle unless the motorcycle is designed to carry more than 21 one person. The If the motorcycle is not an autocycle, the 22 additional passenger may ride upon the motorcycle’s permanent 23 and regular seat if the seat is designed for two persons, or 24 upon another seat firmly attached to the motorcycle at the 25 rear of the operator. If the motorcycle is an autocycle, the 26 passenger may ride in a permanent and regular seat within 27 the autocycle designed for a passenger. The A motorcycle 28 that is not an autocycle shall be equipped with footrests for 29 the passenger unless the passenger is riding in a sidecar or 30 enclosed cab. The motorcycle operator shall not carry any 31 person nor shall any other person ride in a position that will 32 interfere with the operation or control of the motorcycle or 33 the view of the operator. 34 Sec. 7. Section 321.275, subsections 3, 5, and 6, Code 2016, 35 -2- LSB 5999XC (3) 86 ns/nh 2/ 11
S.F. _____ are amended to read as follows: 1 3. Sitting position. A person operating a motorcycle or 2 motorized bicycle shall ride only upon the vehicle’s permanent 3 and regular attached seat. Every person riding upon the 4 vehicle a motorcycle that is not an autocycle shall be sitting 5 astride the seat, facing forward with one leg on either side 6 of the vehicle. 7 5. Headlights on. A person shall not operate a 1977 8 or later model year motorcycle that is not an autocycle or 9 any model year motorized bicycle upon the highways without 10 displaying at least one lighted headlamp of the type described 11 in section 321.409 . A person shall not operate any model year 12 autocycle upon the highways without displaying at least two 13 lighted headlamps of the type described in section 321.409. 14 However, this subsection is subject to the exceptions with 15 respect to parked vehicles as provided in this chapter . 16 6. Packages. The operator of a motorcycle or motorized 17 bicycle or motorcycle that is not an autocycle shall not carry 18 any package, bundle, or other article which prevents the 19 operator from keeping both hands on the handlebars. 20 Sec. 8. Section 321.385, Code 2016, is amended to read as 21 follows: 22 321.385 Headlamps on motor vehicles. 23 Every motor vehicle other than a motorcycle or motorized 24 bicycle or motorcycle that is not an autocycle shall be 25 equipped with at least two headlamps with at least one on each 26 side of the front of the motor vehicle, which headlamps shall 27 comply with the requirements and limitations set forth in this 28 chapter . 29 Sec. 9. Section 321.386, Code 2016, is amended to read as 30 follows: 31 321.386 Headlamps on motorcycles and motorized bicycles. 32 Every motorcycle and motorized bicycle and motorcycle 33 that is not an autocycle shall be equipped with at least one 34 and not more than two headlamps which shall comply with the 35 -3- LSB 5999XC (3) 86 ns/nh 3/ 11
S.F. _____ requirements and limitations of this chapter . 1 Sec. 10. Section 321.409, subsection 1, unnumbered 2 paragraph 1, Code 2016, is amended to read as follows: 3 Except as hereinafter provided, the headlamps or the 4 auxiliary driving lamp or the auxiliary passing lamp or 5 combination thereof on motor vehicles other than motorcycles 6 or motorized bicycles or motorcycles that are not autocycles 7 shall be so arranged that the driver may select at will between 8 distributions of light projected to different elevations and 9 the lamps may, in addition, be so arranged that selection can 10 be made automatically, subject to the following limitations: 11 Sec. 11. Section 321.409, subsection 2, Code 2016, is 12 amended to read as follows: 13 2. Every new motor vehicle, other than a motorcycle or 14 motorized bicycle or motorcycle that is not an autocycle, which 15 has multiple-beam road-lighting equipment shall be equipped 16 with a beam indicator, which shall be lighted whenever the 17 uppermost distribution of light from the headlamps is in use, 18 and shall not otherwise be lighted. The indicator shall be 19 so designed and located that when lighted it will be readily 20 visible without glare to the driver of the vehicle. 21 Sec. 12. Section 321.415, subsection 2, Code 2016, is 22 amended to read as follows: 23 2. The provisions of subsection 1 , paragraphs “a” and 24 “b” , do not apply to motorcycles or motorized bicycles or 25 motorcycles that are not autocycles being operated between 26 sunrise and sunset. 27 Sec. 13. Section 321.430, subsections 1 and 2, Code 2016, 28 are amended to read as follows: 29 1. Every motor vehicle, other than a motorcycle, or 30 motorized bicycle or motorcycle that is not an autocycle , when 31 operated upon a highway shall be equipped with brakes adequate 32 to control the movement of and to stop and hold such vehicle, 33 including two separate means of applying the brakes, each of 34 which means shall be effective to apply the brakes to at least 35 -4- LSB 5999XC (3) 86 ns/nh 4/ 11
S.F. _____ two wheels. If these two separate means of applying the brakes 1 are connected in any way, they shall be so constructed that 2 failure of any one part of the operating mechanism shall not 3 leave the motor vehicle without brakes on at least two wheels. 4 2. Every motorcycle and motorized bicycle and motorcycle 5 that is not an autocycle , when operated upon a highway, shall 6 be equipped with at least one brake, which may be operated by 7 hand or foot. 8 Sec. 14. Section 321.430, subsection 4, paragraph a, Code 9 2016, is amended to read as follows: 10 a. Any motorcycle or motorized bicycle or motorcycle that is 11 not an autocycle . 12 Sec. 15. Section 321.445, subsection 1, Code 2016, is 13 amended to read as follows: 14 1. Except for motorcycles or motorized bicycles or 15 motorcycles that are not autocycles , 1966 model year or 16 newer motor vehicles subject to registration in Iowa shall be 17 equipped with safety belts and safety harnesses which conform 18 with federal motor vehicle safety standard numbers 209 and 210 19 as published in 49 C.F.R. §571.209 571.210 and with prior 20 federal motor vehicle safety standards for seat belt assemblies 21 and seat belt assembly anchorages applicable for the motor 22 vehicle’s model year. 23 Sec. 16. Section 321.445, subsection 2, paragraph a, Code 24 2016, is amended to read as follows: 25 a. The driver and front seat occupants of a type of motor 26 vehicle that is subject to registration in Iowa, except a 27 motorcycle or a motorized bicycle or motorcycle that is not an 28 autocycle , shall each wear a properly adjusted and fastened 29 safety belt or safety harness any time the vehicle is in 30 forward motion on a street or highway in this state except 31 that a child under eighteen years of age shall be secured as 32 required under section 321.446 . 33 Sec. 17. Section 321.446, subsections 1 and 2, Code 2016, 34 are amended to read as follows: 35 -5- LSB 5999XC (3) 86 ns/nh 5/ 11
S.F. _____ 1. a. A child under one year of age and weighing less 1 than twenty pounds who is being transported in a motor vehicle 2 subject to registration, except a school bus or motorcycle 3 that is not an autocycle , shall be secured during transit in a 4 rear-facing child restraint system that is used in accordance 5 with the manufacturer’s instructions. 6 b. A child under six years of age who does not meet the 7 description in paragraph “a” and who is being transported in a 8 motor vehicle subject to registration, except a school bus or a 9 motorcycle that is not an autocycle , shall be secured during 10 transit by a child restraint system that is used in accordance 11 with the manufacturer’s instructions. 12 2. A child at least six years of age but under eighteen 13 years of age who is being transported in a motor vehicle 14 subject to registration, except a school bus or a motorcycle 15 that is not an autocycle , shall be secured during transit by 16 a child restraint system that is used in accordance with the 17 manufacturer’s instructions or by a safety belt or safety 18 harness of a type approved under section 321.445 . 19 Sec. 18. Section 322D.1, subsection 7, Code 2016, is amended 20 by striking the subsection and inserting in lieu thereof the 21 following: 22 7. “Motorcycle” means a motorcycle, including an autocycle, 23 as those terms are defined in section 321.1. “Motorcycle” does 24 not include an all-terrain vehicle. 25 DIVISION II 26 REPAIRED SALVAGE MOTOR VEHICLES 27 Sec. 19. Section 321.24, subsection 5, Code 2016, is amended 28 to read as follows: 29 5. If the prior certificate of title is from another state 30 and indicates that the vehicle was junked, an Iowa junking 31 certificate shall be issued according to section 321.52, 32 subsections 2 and 3 . If the prior certificate of title 33 from another state indicates that the vehicle is salvaged 34 and not rebuilt or is a salvage certificate of title, an 35 -6- LSB 5999XC (3) 86 ns/nh 6/ 11
S.F. _____ Iowa salvage certificate of title shall be issued and a 1 “SALVAGE” designation shall be retained on all subsequent 2 Iowa certificates of title and registration receipts for 3 the vehicle, except unless the owner has surrendered the 4 prior certificate of title and a salvage theft examination 5 certificate, as provided under section 321.52, subsection 4 , 6 paragraph “b” , and the salvage theft examination certificate 7 was properly executed within thirty days of the date the owner 8 was assigned the prior certificate of title . The department 9 may require that subsequent Iowa certificates of title retain 10 other states’ designations which indicate that a vehicle had 11 incurred prior damage. The department shall determine the 12 manner in which other states’ rebuilt, salvage, or other 13 designations are to be indicated on Iowa titles. 14 Sec. 20. Section 321.52, subsection 4, paragraph c, Code 15 2016, is amended to read as follows: 16 c. A salvage theft examination shall be made by a peace 17 officer who has been specially certified and recertified when 18 required by the Iowa law enforcement academy to do salvage 19 theft examinations. The Iowa law enforcement academy shall 20 determine standards for training and certification, conduct 21 training, and may approve alternative training programs 22 which satisfy the academy’s standards for training and 23 certification. The owner of the salvage vehicle shall make 24 the vehicle available for examination at a time and location 25 designated by the peace officer doing the examination. The 26 owner may obtain a permit to drive the vehicle to and from the 27 examination location by submitting a repair affidavit to the 28 agency performing the examination stating that the vehicle is 29 reasonably safe for operation and listing the repairs which 30 have been made to the vehicle. The owner must be present 31 for the examination and have available for inspection the 32 salvage title, bills of sale for all essential parts changed, 33 if applicable, and the repair affidavit. The examination 34 shall be for the purposes of determining whether the vehicle 35 -7- LSB 5999XC (3) 86 ns/nh 7/ 11
S.F. _____ or repair components have been stolen. The examination is not 1 a safety inspection and a signed salvage theft examination 2 certificate shall not be construed by any court of law to be a 3 certification that the vehicle is safe to be operated. There 4 shall be no cause of action against the peace officer or the 5 agency conducting the examination or the county treasurer 6 for failure to discover or note safety defects. If the 7 vehicle passes the theft examination, the peace officer shall 8 indicate that the vehicle passed examination on the salvage 9 theft examination certificate. The permit and salvage theft 10 examination certificate shall be on controlled forms prescribed 11 and furnished by the department. The owner shall pay a fee of 12 thirty dollars upon completion of at the time the examination 13 is scheduled . The agency performing the examinations shall 14 retain twenty dollars of the fee and shall pay five dollars 15 of the fee to the department and five dollars of the fee to 16 the treasurer of state for deposit in the general fund of 17 the state. Moneys deposited to the general fund under this 18 paragraph are subject to the requirements of section 8.60 and 19 shall be used by the Iowa law enforcement academy to provide 20 for the special training, certification, and recertification of 21 officers as required by this subsection . 22 DIVISION III 23 SPECIAL MINOR’S DRIVER’S LICENSES 24 Sec. 21. Section 321.194, subsection 1, paragraph a, 25 subparagraph (2), Code 2016, is amended to read as follows: 26 (2) During the hours of 5:00 a.m. to 10:00 p.m. over 27 the most direct and accessible route between the licensee’s 28 residence or school of enrollment and a school that is not 29 the student’s licensee’s school of enrollment , but is within 30 or contiguous to the licensee’s district of residence, for 31 the purpose of participating in extracurricular activities 32 conducted under a sharing agreement with the student’s school 33 of enrollment. 34 DIVISION IV 35 -8- LSB 5999XC (3) 86 ns/nh 8/ 11
S.F. _____ OVERSIZE AND OVERWEIGHT MOTOR VEHICLES 1 Sec. 22. Section 321E.7, subsection 1, Code 2016, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . e. Vehicles operating under a permit issued 4 pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross 5 weight not to exceed forty-six thousand pounds on a single 6 tandem axle of the truck tractor and a gross weight not to 7 exceed forty-six thousand pounds on a single tandem axle of the 8 trailer or semitrailer if each axle of each tandem group has at 9 least four tires. 10 DIVISION V 11 AIRCRAFT 12 Sec. 23. Section 328.24, subsection 1, Code 2016, is amended 13 to read as follows: 14 1. If, during the year for which an aircraft, except 15 nonresident aircraft used for the application of herbicides 16 and pesticides, was registered and the required fee paid, the 17 aircraft is destroyed by fire or accident or junked, and its 18 identity as an aircraft entirely eliminated, or the aircraft 19 is removed and continuously used beyond the boundaries of the 20 state, then the owner in whose name it was registered at the 21 time of destruction, dismantling, or removal from the state 22 shall return the certificate of registration to the department 23 within thirty days and make affidavit of the destruction, 24 dismantling, or removal and make claim for the refund. The 25 refund shall be paid from the general fund of the state. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 DIVISION I —— AUTOCYCLES. This bill defines an autocycle 30 as a motorcycle with two front wheels and one rear wheel, a 31 steering wheel, one or more permanent seats that do not require 32 the operator or a passenger to straddle or sit astride a seat, 33 and foot pedals that control the brakes, acceleration, and 34 clutch. Under the bill, autocycles are treated as motorcycles 35 -9- LSB 5999XC (3) 86 ns/nh 9/ 11
S.F. _____ under the Code, including for purposes of registration and 1 display of one license plate, except that autocycles are 2 required to operate with two front headlamps, may transport 3 packages in the vehicle, must be operated under a class C 4 driver’s license instead of a class M driver’s license, are not 5 exempt from lighting equipment requirements, are not exempt 6 from brake requirements generally applicable to motor vehicles, 7 and are not exempt from safety belt and child restraint 8 requirements generally applicable to motor vehicles. 9 DIVISION II —— REPAIRED SALVAGE MOTOR VEHICLES. Current 10 law requires the owner of a repaired vehicle with a salvage 11 certificate of title from another state to apply for and be 12 issued an Iowa salvage certificate of title before the owner 13 may apply for and be issued an Iowa certificate of title 14 indicating the repaired vehicle was previously titled as 15 salvage. The bill allows the owner of a repaired vehicle to 16 obtain an Iowa certificate of title indicating the repaired 17 vehicle was previously titled as salvage by surrendering the 18 foreign salvage certificate of title and a salvage theft 19 examination certificate properly executed within 30 days of the 20 date the owner was assigned the foreign certificate of title. 21 Under current law, the $30 fee for a salvage theft 22 examination is due upon completion of the examination. 23 The bill requires the $30 fee to be paid at the time the 24 examination is scheduled. 25 DIVISION III —— SPECIAL MINOR’S DRIVER’S LICENSES. Under 26 current law, a special minor’s driver’s license entitles the 27 licensee to travel between the licensee’s residence or school 28 of enrollment and a school that is not the licensee’s school of 29 enrollment for the purpose of participating in extracurricular 30 activities. The bill requires the school that is not the 31 licensee’s school of enrollment to be within or contiguous to 32 the licensee’s district of residence. 33 DIVISION IV —— OVERSIZE AND OVERWEIGHT MOTOR VEHICLES. 34 Current law limits the weight of a vehicle operating under a 35 -10- LSB 5999XC (3) 86 ns/nh 10/ 11
S.F. _____ permit related to excessive size and weight to 20,000 pounds 1 per axle, or 40,000 pounds per tandem axle. The bill allows 2 such vehicles to have a weight of 46,000 pounds on a single 3 tandem axle of the truck tractor and 46,000 pounds on a single 4 tandem axle of the trailer or semitrailer if each axle of each 5 tandem group has at least four tires. 6 DIVISION V —— AIRCRAFT. Under current law, the owner of an 7 aircraft may receive a registration refund if the aircraft is 8 destroyed by fire or accident or junked, and its identity as an 9 aircraft entirely eliminated, or the aircraft is removed and 10 continuously used beyond the boundaries of the state. However, 11 nonresident owners of aircraft used for the application of 12 herbicides and pesticides are prohibited from receiving a 13 refund. The bill prohibits all owners of aircraft used for 14 the application of herbicides and pesticides from receiving a 15 refund. 16 -11- LSB 5999XC (3) 86 ns/nh 11/ 11