Senate File 448 - IntroducedA Bill ForAn Act 1relating to a weigh station preclearance program and
2associated systems and devices for use by commercial motor
3vehicles.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  321.465A  Weigh station preclearance
2program — authorized devices.
   31.  The department may administer a weigh station
4preclearance program in accordance with the commercial vehicle
5information systems and networks electronic screening truck
6inspection and weigh station preclearance standards authorized
7by the federal motor carrier safety administration of the
8United States department of transportation. If the department
9administers a preclearance program, the department shall
10determine which weigh stations shall participate in the
11preclearance program and all preclearance system providers’
12devices and platforms shall be treated uniformly.
   132.  The department shall set the criteria for the
14preclearance program and such criteria shall be applied
15equally to all preclearance systems, devices, and platforms.
16Such criteria may include but is not limited to information
17regarding safety history, weight, and credential status.
   183.  For purposes of the preclearance program, a commercial
19mobile radio services network device or a dedicated short-range
20communications device may be used as a transponder, provided
21all of the following conditions are met:
   22a.  All software and hardware from the provider of the system
23within which the device operates that is necessary for the
24department’s use of the provider’s system is made available to
25the department at no cost to the department, and the provider
26is responsible, either individually or collectively with other
27system providers, as applicable, for all costs of operating and
28maintaining the software and hardware.
   29b.  The device software and hardware, as applicable,
30meets the requirements of the federal motor carrier safety
31administration for core compliance with the commercial vehicle
32information systems and networks electronic screening truck
33inspection and weigh station preclearance standards.
   34c.  All in-vehicle equipment is operated in compliance with
35sections 321.276 and 321.449B, and applicable federal law and
-1-1regulations relating to distracted driving.
   2d.  The system within which the device operates is capable of
3interfacing with applicable weigh-in-motion systems.
   44.  The department may adopt rules pursuant to chapter
517A to administer this section. The rules adopted by the
6department may include authorizations for particular devices
7that meet the criteria set forth pursuant to subsection 2 and
8the requirements of subsection 3 for use in the preclearance
9program.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
   13This bill allows the department of transportation (DOT) to
14administer a weigh station preclearance program in accordance
15with the commercial vehicle information systems and networks
16(CVISN) electronic screening truck inspection and weigh
17station preclearance standards authorized by the federal motor
18carrier safety administration (FMCSA) of the U.S. department
19of transportation.
   20If the DOT administers a preclearance program, the bill
21requires the DOT to determine which weigh stations shall
22participate in the preclearance program and all preclearance
23system providers’ devices and platforms shall be treated
24uniformly.
   25The bill requires the DOT to set the criteria for the
26preclearance program and such criteria shall be applied equally
27to all preclearance systems, devices, and platforms. Such
28criteria may include but is not limited to safety history,
29weight, and credential status.
   30For the purpose of the preclearance program, the bill
31authorizes all commercial mobile radio services network devices
32and dedicated short-range communications devices to be used
33as transponders so long as all software and hardware from the
34provider of the system within which the device operates that is
35necessary for the DOT’s use of the provider’s system is made
-2-1available to the DOT at no cost to the DOT, the preclearance
2device software and hardware meets the requirements of the
3FMCSA for core compliance with the CVISN electronic screening
4truck inspection and weigh station preclearance standards,
5all in-vehicle equipment is operated in compliance with
6Iowa law and applicable federal law and regulations relating
7to distracted driving, and the system within which the
8device operates is capable of interacting with applicable
9weigh-in-motion systems.
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th/ns