HF 463 (LSB 2126HV (2) 87)

HOUSE FILE 463

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HSB 69)

(As Amended and Passed by the House 2017-03-27)

A BILL FOR

An Act relating to the enforcement of motor vehicle laws and the regulation of commercial motor vehicles and certain operators by the department of transportation, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.180, subsection 2, paragraph c, Code 2017, is amended to read as follows:
   c.  A commercial learner’s permit shall be valid for a period not to exceed one hundred eighty days the period provided in 49 C.F.R. §383.25(c) and 49 C.F.R. §383.73(a)(2)(iii). A commercial learner’s permit may be renewed for an additional one hundred eighty days without retaking the general and endorsement knowledge tests required by section 321.188.
    Sec. 2.  Section 321.463, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  a.  Notwithstanding any provision of law to the contrary, a motor vehicle equipped with an engine fueled primarily by natural gas may exceed any applicable maximum gross weight limit under this chapter, up to a maximum gross weight of eighty-two thousand pounds, by an amount equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system installed in the vehicle and the weight of a comparable diesel fuel tank and fueling system.
   b.  Notwithstanding any provision of law to the contrary, a motor vehicle described in paragraph “a” equipped with an auxiliary power or idle reduction technology unit that reduces fuel use and emissions during engine idling may exceed any applicable maximum gross weight limit under this chapter by five hundred fifty pounds or the weight of the auxiliary power or idle reduction technology unit, whichever is less. This paragraph “b” shall not apply unless the operator of the vehicle provides to the department a written certification of the weight of the auxiliary power or idle reduction technology unit, demonstrates or certifies to the department that the idle reduction technology unit is fully functional at all times, and carries with the operator the written certification of the weight of the auxiliary power or idle reduction technology unit in the vehicle at all times to present to law enforcement in the event the vehicle is suspected of violating any applicable weight restrictions.
    Sec. 3.  Section 321.477, Code 2017, is amended to read as follows:
   321.477  Employees as peace officers —— maximum age.
   1.  The department may designate by resolution certain of its employees upon each of whom there is hereby conferred the authority of a peace officer to enforce the laws of this state described in subsection 2. Employees designated as peace officers pursuant to this section shall have the same powers conferred by law on peace officers for the enforcement of such laws and the apprehension of violators.
   2.  Employees designated as peace officers pursuant to this section shall only engage in the following enforcement activities:
   a.  The enforcement of federal motor carrier safety regulations and federal motor carrier hazardous materials regulations as adopted in this chapter and in rules adopted by the department under this chapter.
   b.  The regulation of the operating authority of motor carriers.
   c.  The regulation of the movement, safety, and lawful operation of commercial motor vehicles.
   d.  The regulation of the operating authority of commercial motor vehicle operators and the enforcement of traffic and safety laws on operators of commercial motor vehicles.
   e.  The enforcement and performance of other activities necessary for the motor carrier safety assistance program and the high priority program administered under 49 C.F.R. pt. 350.
   f.  The investigation and enforcement of matters relating to or arising out of responsibilities entrusted to the department.
   g.  The control and direct direction of traffic and weigh vehicles, and to make arrests for violations of the.
   h.  The enforcement of motor vehicle laws relating to the operating authority, registration, size, weight, and load of motor vehicles and trailers and registration of a motor carrier’s interstate transportation service with the department.
   i.  The enforcement of laws, the violation of which are defined as serious violations under 761 IAC 615.17(2).
   j.  The enforcement of speed restrictions where a motor vehicle is traveling twenty miles per hour or more over the legal speed limit.
   k.  The enforcement of rules and regulations of the department.
   3.  The maximum age for a person employed as a peace officer pursuant to this section is sixty-five years of age.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  The section of this Act amending section 321.477, being deemed of immediate importance, takes effect upon enactment.