Senate Study Bill 3147 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON KAPUCIAN) A BILL FOR An Act relating to motor carriers, and making penalties 1 applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6124XC (3) 87 ns/rn

S.F. _____ Section 1. Section 325A.1, subsections 4, 6, and 7, Code 1 2018, are amended to read as follows: 2 4. “Interstate motor carrier number” means a United States 3 department of transportation number or motor carrier number 4 issued by the federal highway administration to a motor carrier 5 engaged in interstate commerce . 6 6. “Motor carrier” means a person defined in subsection 8, 7 9, 9A, or 10 , but does not include a transportation network 8 company or a transportation network company driver, as defined 9 in section 321N.1 . 10 7. “Motor carrier certificate” means a certificate issued 11 by the department to any person transporting passengers on any 12 highway of this state for hire, other than a transportation 13 network company or a transportation network company driver, as 14 defined in section 321N.1 a motor carrier of passengers . This 15 certificate is transferable. 16 Sec. 2. Section 325A.1, Code 2018, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 5A. “Intrastate motor carrier number” means 19 a United States department of transportation number or motor 20 carrier number issued by the federal highway administration to 21 a motor carrier engaged only in intrastate commerce. 22 NEW SUBSECTION . 9A. “Motor carrier of passengers” means any 23 person transporting passengers on any highway of this state 24 for hire, other than a transportation network company or a 25 transportation network company driver, as defined in section 26 321N.1. 27 Sec. 3. Section 325A.3, Code 2018, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 2A. In addition to the application 30 requirements set forth in subsection 2, all applications for 31 a taxicab service passenger certificate shall include the 32 applicant’s interstate motor carrier number or intrastate motor 33 carrier number. If the applicant has both an interstate and 34 intrastate motor carrier number, only the interstate motor 35 -1- LSB 6124XC (3) 87 ns/rn 1/ 5

S.F. _____ carrier number must be included. 1 Sec. 4. Section 325A.3A, Code 2018, is amended to read as 2 follows: 3 325A.3A Hearings. 4 A person whose application for a permit or certificate under 5 this chapter has been denied, or whose permit or certificate 6 has been suspended, may contest the decision under chapter 17A 7 and in accordance with rules adopted by the department. The 8 request for a hearing shall be in writing to the director of 9 the division department’s office of vehicle and motor carrier 10 services , state department of transportation, at its office in 11 the capital city’s metropolitan area . 12 Sec. 5. Section 325A.12, subsection 3, paragraph a, Code 13 2018, is amended to read as follows: 14 a. Taxicabs with a seating capacity of not more less than 15 eight seven passengers, or persons having a license, contract, 16 or franchise with an Iowa a city in this state to carry or 17 transport passengers for hire while operating within the 18 guidelines of the license, contract, or franchise. 19 Sec. 6. Section 325A.12, Code 2018, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 5A. “Taxicab service” means a person 22 engaged in the for-hire transportation of passengers in a 23 taxicab having a seating capacity of less than seven passengers 24 and not operating on a regular route or between specified 25 points. 26 Sec. 7. Section 325A.13, subsection 2, paragraphs f and g, 27 Code 2018, are amended by striking the paragraphs. 28 Sec. 8. Section 325A.13, Code 2018, is amended by adding the 29 following new subsections: 30 NEW SUBSECTION . 2A. It is unlawful for a taxicab service to 31 transport passengers by motor vehicle for hire from any place 32 in this state to another place in this state, irrespective 33 of the route or highway traversed, without first having 34 obtained a taxicab service passenger certificate from the 35 -2- LSB 6124XC (3) 87 ns/rn 2/ 5

S.F. _____ department. However, a taxicab service passenger certificate 1 issued by the department does not authorize a taxicab service 2 to transport passengers within the boundaries of a local 3 authority that licenses or regulates such vehicles pursuant 4 to section 321.236, subsection 7, unless the taxicab service 5 is in compliance with all applicable regulations of the local 6 authority. 7 NEW SUBSECTION . 2B. A person shall not operate as a charter 8 carrier, regular-route motor carrier of passengers, or taxicab 9 service in this state unless the person possesses a certificate 10 issued by the department applicable to the type of operation 11 in which the person is engaged. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill creates and modifies provisions relating to motor 16 carriers. 17 The bill specifies that “motor carrier” includes motor 18 carriers of passengers for the purposes of Code chapter 325A. 19 A motor carrier of passengers is any person transporting 20 passengers on any highway of this state for hire, other than 21 a transportation network company or a transportation network 22 company driver. 23 The bill provides that, in addition to the application 24 requirements of Code section 325A.3(2), all applications for 25 a taxicab service passenger certificate must include the 26 applicant’s interstate motor carrier number or intrastate motor 27 carrier number. If the applicant has both an interstate and 28 intrastate motor carrier number, only the interstate motor 29 carrier number must be included. 30 Under current law, a request for a hearing to contest a 31 decision by the department of transportation (DOT) to deny a 32 person’s application for a motor carrier permit or certificate, 33 or suspend a person’s motor carrier permit or certificate, must 34 be submitted in writing to the DOT’s director of the division 35 -3- LSB 6124XC (3) 87 ns/rn 3/ 5

S.F. _____ of motor carrier services at its office in the capital city’s 1 metropolitan area. The bill specifies that the request must be 2 submitted in writing to the DOT’s office of vehicle and motor 3 carrier services. 4 Under current law, for purposes of Code chapter 325A, 5 subchapter II, “charter carrier” does not include taxicabs with 6 a seating capacity of not more than eight passengers. The bill 7 amends current law to provide that “charter carrier” does not 8 include taxicabs with a seating capacity of less than seven 9 passengers. 10 The bill prohibits a taxicab service from transporting 11 passengers by motor vehicle for hire from any place in this 12 state to another place in this state, irrespective of the route 13 or highway traversed, without first having obtained a taxicab 14 service passenger certificate from the DOT. However, the bill 15 provides that a taxicab service passenger certificate issued 16 by the DOT does not authorize a taxicab service to transport 17 passengers within the boundaries of a local authority that 18 licenses or regulates such vehicles pursuant to Code section 19 321.236(7) unless the taxicab service is in compliance with 20 all applicable regulations of the local authority. A “taxicab 21 service” is a person engaged in the for-hire transportation 22 of passengers in a taxicab having a seating capacity of less 23 than seven passengers and not operating on a regular route or 24 between specified points. 25 Under current law, a regular-route motor carrier of 26 passengers is prohibited from operating as a charter carrier in 27 this state unless it possesses a charter passenger certificate, 28 and a charter carrier is prohibited from operating as a 29 regular-route passenger carrier in this state unless it 30 possesses a regular-route passenger certificate. The bill 31 strikes these provisions and provides that a person shall not 32 operate as a charter carrier, regular-route motor carrier of 33 passengers, or taxicab service in this state unless the person 34 possesses a certificate issued by the DOT applicable to the 35 -4- LSB 6124XC (3) 87 ns/rn 4/ 5

S.F. _____ type of operation in which the person is engaged. 1 By operation of law, a violation of the provisions of the 2 bill is punishable by a scheduled fine of $250 and may result 3 in the revocation or suspension of the person’s motor carrier 4 permit or certificate (Code sections 325A.23 and 325A.24). 5 -5- LSB 6124XC (3) 87 ns/rn 5/ 5