SF 83 (LSB 1566XS (3) 88)

SENATE FILE 83

BY  KRAAYENBRINK

A BILL FOR

An Act relating to the gross weight of special trucks, and providing fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, subsection 75, Code 2019, is amended to read as follows:
   75.  “Special truck” means a motor truck or truck tractor not used for hire with a gross weight registration of six through thirty-two thirty-nine tons used by a person engaged in farming to transport commodities produced only by the owner, or to transport commodities purchased by the owner for use in the owner’s own farming operation or occasional use for charitable purposes. “Special truck” also means a motor truck or truck tractor not used for hire with a gross weight registration of six through thirty-two thirty-nine tons used by a person engaged in farming who assists another person engaged in farming through an exchange of services. A “special truck” does not include a truck tractor operated more than fifteen thousand miles annually.
    Sec. 2.  Section 321.121, subsection 1, paragraph d, Code 2019, is amended to read as follows:
   d.  The additional annual registration fee for a special truck for a gross weight registration in excess of twenty tons is twenty-five dollars for each ton over twenty tons and not exceeding thirty-two thirty-eight tons, and an additional ten dollars for a gross weight registration in excess of thirty-eight tons and not exceeding thirty-nine tons.
    Sec. 3.  Section 321.463, subsection 6, paragraph c, subparagraph (1), unnumbered paragraph 1, Code 2019, is amended to read as follows:
   The maximum gross weight allowed to be carried on a commercial motor vehicle, other than a special truck, on noninterstate highways, provided the vehicle is operated by a person with a commercial driver’s license valid for the vehicle operated unless section 321.176A applies, is as follows:
    Sec. 4.  Section 321.466, subsection 4, Code 2019, is amended to read as follows:
   4.  A person shall not operate a motor truck, trailer, truck tractor, road tractor, semitrailer, or combination thereof, or any such vehicle equipped with a transferable auxiliary axle or axles, on the public highways with a gross weight exceeding the gross weight for which it is registered by more than five percent; provided, however, that any vehicle or vehicle combination referred to in this subsection, while carrying a load of raw farm products, soil fertilizers including ground limestone, raw dairy products, livestock, live poultry, or eggs, or a special truck, while carrying a load of distillers grains, may be operated with a gross weight of twenty-five percent in excess of the gross weight for which it is registered.  However, this subsection shall not be construed to allow the operation of a special truck on the public highways with a gross weight exceeding the maximum gross weight allowed under section 321.463, subsection 6.
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, a “special truck” is a motor truck or truck tractor used for certain farming and commodity transportation purposes, but not used for hire, with a gross weight registration of between 6 and 32 tons. This bill increases the maximum gross weight registration for special trucks to 39 tons. The bill provides that the registration fee for a special truck is an additional $25 per ton between 32 and 38 tons, and an additional $10 between 38 and 39 tons.
   Code section 321.463(6)(c)(1) exempts special trucks from the maximum gross weight table for commercial motor vehicles operating on noninterstate highways. The bill strikes this exemption.
   Code section 321.466 authorizes a special truck, while carrying a load of distillers grains, to be operated with a gross weight of 25 percent in excess of the gross weight for which the special truck is registered. The bill provides that this provision shall not be construed to allow the operation of a special truck on the public highways with a gross weight exceeding the maximum gross weight allowed under Code section 321.463(6).