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 TLSB 1727SV (2) 89 th/ns
S.F. 448 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 -1- LSB 1727SV (2) 89 th/ns 1/ 3
S.F. 448 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 35 -2- LSB 1727SV (2) 89 th/ns 2/ 3
S.F. 448 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. 9 -3- LSB 1727SV (2) 89 th/ns 3/ 3