Senate File 2323 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON TRANSPORTATION

                                       (SUCCESSOR TO SF 2171)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning the regulation of operators of certain vehicles
  2    for hire used to transport persons.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 SF 2323
  5 dea/nh/cc/26

PAG LIN



  1  1    Section 1.  Section 321.449, subsection 1, unnumbered
  1  2 paragraph 2, Code 2007, is amended by striking the unnumbered
  1  3 paragraph.
  1  4    Sec. 2.  Section 321.449, subsection 4, Code 2007, is
  1  5 amended to read as follows:
  1  6    4.  Notwithstanding other provisions of this section, rules
  1  7 adopted under this section for drivers of commercial vehicles
  1  8 shall not apply to a driver of a commercial vehicle who is
  1  9 engaged exclusively in intrastate commerce, when the
  1 10 commercial vehicle's gross vehicle weight rating is twenty=six
  1 11 thousand pounds or less, unless the vehicle is used to
  1 12 transport hazardous materials requiring a placard or if the
  1 13 vehicle is designed to transport more than fifteen passengers,
  1 14 including the driver.  For the purpose of complying with the
  1 15 hours of service recordkeeping requirements under 49 C.F.R. }
  1 16 395.1(e)(5), a driver's report of daily beginning and ending
  1 17 on=duty time submitted to the motor carrier at the end of each
  1 18 workweek shall be considered acceptable motor carrier time
  1 19 records.  In addition, rules adopted under this section shall
  1 20 not apply to a driver operating intrastate for a farm
  1 21 operation as defined in section 352.2, or for an agricultural
  1 22 interest when the commercial vehicle is operated between the
  1 23 farm as defined in section 352.2 and another farm, between the
  1 24 farm and a market for farm products, or between the farm and
  1 25 an agribusiness location.  A driver or a driver=salesperson
  1 26 for a private carrier, who is not for hire and who is engaged
  1 27 exclusively in intrastate commerce, may drive twelve hours, be
  1 28 on duty sixteen hours in a twenty=four=hour period and be on
  1 29 duty seventy hours in seven consecutive days or eighty hours
  1 30 in eight consecutive days.  For=hire drivers who are engaged
  1 31 exclusively in intrastate commerce and who operate trucks and
  1 32 truck tractors exclusively for the movement of construction
  1 33 materials and equipment to and from construction projects may
  1 34 also drive twelve hours, be on duty sixteen hours in a
  1 35 twenty=four=hour period, and be on duty seventy hours in seven
  2  1 consecutive days or eighty hours in eight consecutive days.  A
  2  2 "driver=salesperson" means as defined in 49 C.F.R. } 395.2, as
  2  3 adopted by the department by rule.  Operators of vehicles for
  2  4 hire designed to transport seven or more persons but fewer
  2  5 than sixteen persons, including the driver, shall comply with
  2  6 49 C.F.R. pt. 395.  In addition, operators of vehicles for
  2  7 hire designed to transport seven or more persons but fewer
  2  8 than sixteen persons, including the driver, are not exempt
  2  9 from logbook requirements afforded the one hundred air=mile
  2 10 radius driver under 49 C.F.R. } 395.1(e).  However, the
  2 11 provisions of 49 C.F.R. pt. 395 shall not apply to vehicles
  2 12 offered to the public for hire that are used principally in
  2 13 intracity operation and regulated by local authorities.
  2 14 SF 2323
  2 15 dea/nh/cc/26