Senate
File
448
-
Introduced
SENATE
FILE
448
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
1057)
A
BILL
FOR
An
Act
relating
to
a
weigh
station
preclearance
program
and
1
associated
systems
and
devices
for
use
by
commercial
motor
2
vehicles.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
321.465A
Weigh
station
preclearance
1
program
——
authorized
devices.
2
1.
The
department
may
administer
a
weigh
station
3
preclearance
program
in
accordance
with
the
commercial
vehicle
4
information
systems
and
networks
electronic
screening
truck
5
inspection
and
weigh
station
preclearance
standards
authorized
6
by
the
federal
motor
carrier
safety
administration
of
the
7
United
States
department
of
transportation.
If
the
department
8
administers
a
preclearance
program,
the
department
shall
9
determine
which
weigh
stations
shall
participate
in
the
10
preclearance
program
and
all
preclearance
system
providers’
11
devices
and
platforms
shall
be
treated
uniformly.
12
2.
The
department
shall
set
the
criteria
for
the
13
preclearance
program
and
such
criteria
shall
be
applied
14
equally
to
all
preclearance
systems,
devices,
and
platforms.
15
Such
criteria
may
include
but
is
not
limited
to
information
16
regarding
safety
history,
weight,
and
credential
status.
17
3.
For
purposes
of
the
preclearance
program,
a
commercial
18
mobile
radio
services
network
device
or
a
dedicated
short-range
19
communications
device
may
be
used
as
a
transponder,
provided
20
all
of
the
following
conditions
are
met:
21
a.
All
software
and
hardware
from
the
provider
of
the
system
22
within
which
the
device
operates
that
is
necessary
for
the
23
department’s
use
of
the
provider’s
system
is
made
available
to
24
the
department
at
no
cost
to
the
department,
and
the
provider
25
is
responsible,
either
individually
or
collectively
with
other
26
system
providers,
as
applicable,
for
all
costs
of
operating
and
27
maintaining
the
software
and
hardware.
28
b.
The
device
software
and
hardware,
as
applicable,
29
meets
the
requirements
of
the
federal
motor
carrier
safety
30
administration
for
core
compliance
with
the
commercial
vehicle
31
information
systems
and
networks
electronic
screening
truck
32
inspection
and
weigh
station
preclearance
standards.
33
c.
All
in-vehicle
equipment
is
operated
in
compliance
with
34
sections
321.276
and
321.449B,
and
applicable
federal
law
and
35
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regulations
relating
to
distracted
driving.
1
d.
The
system
within
which
the
device
operates
is
capable
of
2
interfacing
with
applicable
weigh-in-motion
systems.
3
4.
The
department
may
adopt
rules
pursuant
to
chapter
4
17A
to
administer
this
section.
The
rules
adopted
by
the
5
department
may
include
authorizations
for
particular
devices
6
that
meet
the
criteria
set
forth
pursuant
to
subsection
2
and
7
the
requirements
of
subsection
3
for
use
in
the
preclearance
8
program.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
allows
the
department
of
transportation
(DOT)
to
13
administer
a
weigh
station
preclearance
program
in
accordance
14
with
the
commercial
vehicle
information
systems
and
networks
15
(CVISN)
electronic
screening
truck
inspection
and
weigh
16
station
preclearance
standards
authorized
by
the
federal
motor
17
carrier
safety
administration
(FMCSA)
of
the
U.S.
department
18
of
transportation.
19
If
the
DOT
administers
a
preclearance
program,
the
bill
20
requires
the
DOT
to
determine
which
weigh
stations
shall
21
participate
in
the
preclearance
program
and
all
preclearance
22
system
providers’
devices
and
platforms
shall
be
treated
23
uniformly.
24
The
bill
requires
the
DOT
to
set
the
criteria
for
the
25
preclearance
program
and
such
criteria
shall
be
applied
equally
26
to
all
preclearance
systems,
devices,
and
platforms.
Such
27
criteria
may
include
but
is
not
limited
to
safety
history,
28
weight,
and
credential
status.
29
For
the
purpose
of
the
preclearance
program,
the
bill
30
authorizes
all
commercial
mobile
radio
services
network
devices
31
and
dedicated
short-range
communications
devices
to
be
used
32
as
transponders
so
long
as
all
software
and
hardware
from
the
33
provider
of
the
system
within
which
the
device
operates
that
is
34
necessary
for
the
DOT’s
use
of
the
provider’s
system
is
made
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available
to
the
DOT
at
no
cost
to
the
DOT,
the
preclearance
1
device
software
and
hardware
meets
the
requirements
of
the
2
FMCSA
for
core
compliance
with
the
CVISN
electronic
screening
3
truck
inspection
and
weigh
station
preclearance
standards,
4
all
in-vehicle
equipment
is
operated
in
compliance
with
5
Iowa
law
and
applicable
federal
law
and
regulations
relating
6
to
distracted
driving,
and
the
system
within
which
the
7
device
operates
is
capable
of
interacting
with
applicable
8
weigh-in-motion
systems.
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