House Study Bill 69 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act relating to the enforcement of motor vehicle laws and 1 the regulation of commercial motor vehicles and certain 2 operators by the department of transportation, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2126XD (3) 87 ns/nh/rh
S.F. _____ H.F. _____ Section 1. Section 321.180, subsection 2, paragraph c, Code 1 2017, is amended to read as follows: 2 c. A commercial learner’s permit shall be valid for a period 3 not to exceed one hundred eighty days the period provided in 4 49 C.F.R. §383.25(c) and 49 C.F.R. §383.73(a)(2)(iii) . A 5 commercial learner’s permit may be renewed for an additional 6 one hundred eighty days without retaking the general and 7 endorsement knowledge tests required by section 321.188 . 8 Sec. 2. Section 321.477, Code 2017, is amended to read as 9 follows: 10 321.477 Employees as peace officers —— maximum age. 11 1. The department may designate by resolution certain of 12 its employees upon each of whom there is hereby conferred the 13 authority of a peace officer to enforce all laws of the state 14 including but not limited to the rules and regulations of the 15 department. Employees designated as peace officers pursuant 16 to this section shall have the same powers conferred by law on 17 peace officers for the enforcement of the laws of this state 18 and the apprehension of violators. 19 2. Employees designated as peace officers pursuant to this 20 section shall primarily engage in the following enforcement 21 activities: 22 a. The enforcement of federal motor carrier safety 23 regulations and federal motor carrier hazardous materials 24 regulations as adopted in this chapter and in rules adopted by 25 the department under this chapter. 26 b. The regulation of the operating authority of motor 27 carriers. 28 c. The regulation of the movement, safety, and lawful 29 operation of commercial motor vehicles. 30 d. The regulation of the operating authority of commercial 31 motor vehicle operators and the enforcement of traffic and 32 safety laws on operators of commercial motor vehicles. 33 e. The enforcement and performance of other activities 34 necessary for the motor carrier safety assistance program and 35 -1- LSB 2126XD (3) 87 ns/nh/rh 1/ 3
S.F. _____ H.F. _____ the high priority program administered under 49 C.F.R. pt. 1 350. 2 f. The investigation and enforcement of matters relating to 3 or arising out of responsibilities entrusted to the department. 4 g. The control and direct direction of traffic and weigh 5 vehicles, and to make arrests for violations of the . 6 h. The enforcement of motor vehicle laws relating to 7 the operating authority, registration, size, weight, and 8 load of motor vehicles and trailers and registration of a 9 motor carrier’s interstate transportation service with the 10 department . 11 3. The maximum age for a person employed as a peace officer 12 pursuant to this section is sixty-five years of age. 13 Sec. 3. EFFECTIVE UPON ENACTMENT. The section of this Act 14 amending section 321.477, being deemed of immediate importance, 15 takes effect upon enactment. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 Under current law, commercial learner’s permits are valid 20 for 180 days and may be renewed for an additional 180 days 21 without retaking the required general and endorsement knowledge 22 tests. This bill alters that provision to incorporate by 23 reference the validity and renewal periods provided by the 24 code of federal regulations as well as an exemption for state 25 driver’s licensing agencies. Although the code of federal 26 regulations specifies the same 180-day validity and renewal 27 periods, state driver’s licensing agencies are currently 28 exempted from those periods by the federal motor carrier safety 29 administration, and may instead allow commercial learner’s 30 permits to be valid for one year with no renewal period. 31 Current law provides that certain employees of the 32 department of transportation (DOT) may be designated as peace 33 officers authorized to control and direct traffic and weigh 34 vehicles, and to make arrests for violations of the motor 35 -2- LSB 2126XD (3) 87 ns/nh/rh 2/ 3
S.F. _____ H.F. _____ vehicle laws relating to the operating authority, registration, 1 size, weight, and load of motor vehicles and trailers, and 2 registration of a motor carrier’s interstate transportation 3 service with the DOT. 4 The bill authorizes peace officers employed by the DOT 5 to enforce all laws of the state including but not limited 6 to the rules and regulations of the DOT. The bill requires 7 DOT employees designated as peace officers to primarily 8 engage in the enforcement of federal motor carrier safety 9 regulations and federal motor carrier hazardous materials 10 regulations; the regulation of the operating authority of 11 motor carriers; the regulation of the movement, safety, and 12 lawful operation of commercial motor vehicles; the regulation 13 of the operating authority of commercial motor vehicle 14 operators; the enforcement of traffic and safety laws on 15 operators of commercial motor vehicles; the enforcement and 16 performance of other activities necessary for the motor carrier 17 safety assistance program and the high priority program; 18 the investigation and enforcement of matters relating to or 19 arising out of responsibilities entrusted to the DOT; the 20 control and direction of traffic; and the enforcement of motor 21 vehicle laws relating to the operating authority, registration, 22 size, weight, and load of motor vehicles and trailers. This 23 provision of the bill takes effect upon enactment. 24 -3- LSB 2126XD (3) 87 ns/nh/rh 3/ 3