Senate
Study
Bill
1036
-
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
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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
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_____
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
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_____
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
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