HF 463 (LSB 2126HV (1) 87)

HOUSE FILE 463

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HSB 69)

A BILL FOR

An Act relating to the enforcement of motor vehicle laws and the regulation of commercial motor vehicles and certain operators by the department of transportation, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.180, subsection 2, paragraph c, Code 2017, is amended to read as follows:
   c.  A commercial learner’s permit shall be valid for a period not to exceed one hundred eighty days the period provided in 49 C.F.R. §383.25(c) and 49 C.F.R. §383.73(a)(2)(iii). A commercial learner’s permit may be renewed for an additional one hundred eighty days without retaking the general and endorsement knowledge tests required by section 321.188.
    Sec. 2.  Section 321.477, Code 2017, is amended to read as follows:
   321.477  Employees as peace officers —— maximum age.
   1.  The department may designate by resolution certain of its employees upon each of whom there is hereby conferred the authority of a peace officer to enforce all laws of the state including but not limited to the rules and regulations of the department. Employees designated as peace officers pursuant to this section shall have the same powers conferred by law on peace officers for the enforcement of the laws of this state and the apprehension of violators.
   2.  Employees designated as peace officers pursuant to this section shall primarily engage in the following enforcement activities:
   a.  The enforcement of federal motor carrier safety regulations and federal motor carrier hazardous materials regulations as adopted in this chapter and in rules adopted by the department under this chapter.
   b.  The regulation of the operating authority of motor carriers.
   c.  The regulation of the movement, safety, and lawful operation of commercial motor vehicles.
   d.  The regulation of the operating authority of commercial motor vehicle operators and the enforcement of traffic and safety laws on operators of commercial motor vehicles.
   e.  The enforcement and performance of other activities necessary for the motor carrier safety assistance program and the high priority program administered under 49 C.F.R. pt. 350.
   f.  The investigation and enforcement of matters relating to or arising out of responsibilities entrusted to the department.
   g.  The control and direct direction of traffic and weigh vehicles, and to make arrests for violations of the.
   h.  The enforcement of motor vehicle laws relating to the operating authority, registration, size, weight, and load of motor vehicles and trailers and registration of a motor carrier’s interstate transportation service with the department.
   3.  The maximum age for a person employed as a peace officer pursuant to this section is sixty-five years of age.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  The section of this Act amending section 321.477, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, commercial learner’s permits are valid for 180 days and may be renewed for an additional 180 days without retaking the required general and endorsement knowledge tests. This bill alters that provision to incorporate by reference the validity and renewal periods provided by the code of federal regulations as well as an exemption for state driver’s licensing agencies. Although the code of federal regulations specifies the same 180-day validity and renewal periods, state driver’s licensing agencies are currently exempted from those periods by the federal motor carrier safety administration, and may instead allow commercial learner’s permits to be valid for one year with no renewal period.
   Current law provides that certain employees of the department of transportation (DOT) may be designated as peace officers authorized to control and direct traffic and weigh vehicles, and to make arrests for violations of the motor vehicle laws relating to the operating authority, registration, size, weight, and load of motor vehicles and trailers, and registration of a motor carrier’s interstate transportation service with the DOT.
   The bill authorizes peace officers employed by the DOT to enforce all laws of the state including but not limited to the rules and regulations of the DOT. The bill requires DOT employees designated as peace officers to primarily engage in the enforcement of federal motor carrier safety regulations and federal motor carrier hazardous materials regulations; the regulation of the operating authority of motor carriers; the regulation of the movement, safety, and lawful operation of commercial motor vehicles; the regulation of the operating authority of commercial motor vehicle operators; the enforcement of traffic and safety laws on operators of commercial motor vehicles; the enforcement and performance of other activities necessary for the motor carrier safety assistance program and the high priority program; the investigation and enforcement of matters relating to or arising out of responsibilities entrusted to the DOT; the control and direction of traffic; and the enforcement of motor vehicle laws relating to the operating authority, registration, size, weight, and load of motor vehicles and trailers. This provision of the bill takes effect upon enactment.