House File 220 - Introduced HOUSE FILE 220 BY JACOBY A BILL FOR An Act relating to the registration, titling, and operation of 1 vehicles damaged by hail. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2127YH (2) 89 th/ns
H.F. 220 Section 1. Section 321.30, subsection 1, paragraph b, Code 1 2021, is amended to read as follows: 2 b. That the vehicle is mechanically unfit or unsafe to be 3 operated or moved upon the highways, providing such condition 4 is revealed by a member of this the department, or any peace 5 officer. This paragraph does not apply to vehicles damaged by 6 hail, so long as the hail damage is limited to changes in the 7 physical appearance of the vehicle that do not impede or hinder 8 the normal operational function of the vehicle, including but 9 not limited to dents, scratches, abrasions, and changes in 10 color, texture, and finish. 11 Sec. 2. Section 321.381, Code 2021, is amended to read as 12 follows: 13 321.381 Movement of unsafe or improperly equipped vehicles. 14 It is a simple misdemeanor punishable as a scheduled 15 violation under section 805.8A, subsection 3 , for any person to 16 drive or move or for the owner to cause or knowingly permit to 17 be driven or moved on any highway any vehicle or combination 18 of vehicles which is in such unsafe condition as to endanger 19 any person, or which does not contain those parts or is not 20 at all times equipped with such lamps and other equipment in 21 proper condition and adjustment as required in this chapter , 22 or which is equipped with one or more unsafe tires or which is 23 equipped in any manner in violation of this chapter . Vehicles 24 damaged by hail, which damage is limited to changes in the 25 physical appearance of the vehicle that do not impede or hinder 26 the normal operational function of the vehicle, including but 27 not limited to dents, scratches, abrasions, and changes in 28 color, texture, and finish, shall not be considered to be in 29 such unsafe condition as to endanger any person for purposes of 30 this section. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 Under current law, vehicles must be mechanically fit and 35 -1- LSB 2127YH (2) 89 th/ns 1/ 2
H.F. 220 safe to be operated or moved upon the highways. Members of 1 the department of transportation (DOT) or peace officers may 2 reveal unsafe vehicle conditions that require the DOT and 3 county treasurers to refuse to register and issue or transfer a 4 certificate of title for a vehicle. It is a simple misdemeanor 5 punishable by a scheduled fine of $135 for any person to drive 6 or move or for the owner to cause or knowingly permit to be 7 driven or moved on any highway any vehicle or combination of 8 vehicles which is in such unsafe condition as to endanger 9 any person. It is also a simple misdemeanor punishable by a 10 scheduled fine of $70 to drive a motor vehicle equipped with 11 a windshield, sidewing, or side or rear window which does not 12 permit clear vision. A peace officer is authorized to stop a 13 vehicle to inspect the condition of the vehicle. 14 This bill specifies that vehicles impacted by cosmetic hail 15 damage are not mechanically unfit or unsafe to be operated or 16 moved upon the highways nor are they considered to have an 17 unsafe condition as to endanger any person. 18 -2- LSB 2127YH (2) 89 th/ns 2/ 2