Print
Senate Study Bill 1036 - IntroducedA Bill ForAn Act 1relating to the enforcement of motor vehicle laws and
2the regulation of commercial motor vehicles and certain
3operators by the department of transportation, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.180, subsection 2, paragraph c, Code
22017, is amended to read as follows:
3c. A commercial learner’s permit shall be valid for a period
4not to exceed one hundred eighty days the period provided in
549 C.F.R. §383.25(c) and 49 C.F.R. §383.73(a)(2)(iii). A
6commercial learner’s permit may be renewed for an additional
7one hundred eighty days without retaking the general and
8endorsement knowledge tests required by section 321.188.
9 Sec. 2. Section 321.477, Code 2017, is amended to read as
10follows:
11321.477 Employees as peace officers — maximum age.
121. The department may designate by resolution certain of
13its employees upon each of whom there is hereby conferred the
14authority of a peace officer to enforce all laws of the state
15including but not limited to the rules and regulations of the
16department. Employees designated as peace officers pursuant
17to this section shall have the same powers conferred by law on
18peace officers for the enforcement of the laws of this state
19and the apprehension of violators.
202. Employees designated as peace officers pursuant to this
21section shall primarily engage in the following enforcement
22activities:
23a. The enforcement of federal motor carrier safety
24regulations and federal motor carrier hazardous materials
25regulations as adopted in this chapter and in rules adopted by
26the department under this chapter.
27b. The regulation of the operating authority of motor
28carriers.
29c. The regulation of the movement, safety, and lawful
30operation of commercial motor vehicles.
31d. The regulation of the operating authority of commercial
32motor vehicle operators and the enforcement of traffic and
33safety laws on operators of commercial motor vehicles.
34e. The enforcement and performance of other activities
35necessary for the motor carrier safety assistance program and
-1-1the high priority program administered under 49 C.F.R. pt.
2350.
3f. The investigation and enforcement of matters relating to
4or arising out of responsibilities entrusted to the department.
5g. Thecontrol and direct direction of traffic and weigh
6vehicles, and to make arrests for violations of the.
7h. The enforcement ofmotor vehicle laws relating to
8the operating authority, registration, size, weight, and
9load of motor vehicles and trailers and registration of a
10motor carrier’s interstate transportation service with the
11department.
123. The maximum age for a person employed as a peace officer
13pursuant to this section is sixty-five years of age.
14 Sec. 3. EFFECTIVE UPON ENACTMENT. The section of this Act
15amending section 321.477, being deemed of immediate importance,
16takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20Under current law, commercial learner’s permits are valid
21for 180 days and may be renewed for an additional 180 days
22without retaking the required general and endorsement knowledge
23tests. This bill alters that provision to incorporate by
24reference the validity and renewal periods provided by the
25code of federal regulations as well as an exemption for state
26driver’s licensing agencies. Although the code of federal
27regulations specifies the same 180-day validity and renewal
28periods, state driver’s licensing agencies are currently
29exempted from those periods by the federal motor carrier safety
30administration, and may instead allow commercial learner’s
31permits to be valid for one year with no renewal period.
32Current law provides that certain employees of the
33department of transportation (DOT) may be designated as peace
34officers authorized to control and direct traffic and weigh
35vehicles, and to make arrests for violations of the motor
-2-1vehicle laws relating to the operating authority, registration,
2size, weight, and load of motor vehicles and trailers, and
3registration of a motor carrier’s interstate transportation
4service with the DOT.
5The bill authorizes peace officers employed by the DOT
6to enforce all laws of the state including but not limited
7to the rules and regulations of the DOT. The bill requires
8DOT employees designated as peace officers to primarily
9engage in the enforcement of federal motor carrier safety
10regulations and federal motor carrier hazardous materials
11regulations; the regulation of the operating authority of
12motor carriers; the regulation of the movement, safety, and
13lawful operation of commercial motor vehicles; the regulation
14of the operating authority of commercial motor vehicle
15operators; the enforcement of traffic and safety laws on
16operators of commercial motor vehicles; the enforcement and
17performance of other activities necessary for the motor carrier
18safety assistance program and the high priority program;
19the investigation and enforcement of matters relating to or
20arising out of responsibilities entrusted to the DOT; the
21control and direction of traffic; and the enforcement of motor
22vehicle laws relating to the operating authority, registration,
23size, weight, and load of motor vehicles and trailers. This
24provision of the bill takes effect upon enactment.
-3-ns/nh/rh
2the regulation of commercial motor vehicles and certain
3operators by the department of transportation, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.180, subsection 2, paragraph c, Code
22017, is amended to read as follows:
3c. A commercial learner’s permit shall be valid for a period
4not to exceed one hundred eighty days the period provided in
549 C.F.R. §383.25(c) and 49 C.F.R. §383.73(a)(2)(iii). A
6commercial learner’s permit may be renewed for an additional
7one hundred eighty days without retaking the general and
8endorsement knowledge tests required by section 321.188.
9 Sec. 2. Section 321.477, Code 2017, is amended to read as
10follows:
11321.477 Employees as peace officers — maximum age.
121. The department may designate by resolution certain of
13its employees upon each of whom there is hereby conferred the
14authority of a peace officer to enforce all laws of the state
15including but not limited to the rules and regulations of the
16department. Employees designated as peace officers pursuant
17to this section shall have the same powers conferred by law on
18peace officers for the enforcement of the laws of this state
19and the apprehension of violators.
202. Employees designated as peace officers pursuant to this
21section shall primarily engage in the following enforcement
22activities:
23a. The enforcement of federal motor carrier safety
24regulations and federal motor carrier hazardous materials
25regulations as adopted in this chapter and in rules adopted by
26the department under this chapter.
27b. The regulation of the operating authority of motor
28carriers.
29c. The regulation of the movement, safety, and lawful
30operation of commercial motor vehicles.
31d. The regulation of the operating authority of commercial
32motor vehicle operators and the enforcement of traffic and
33safety laws on operators of commercial motor vehicles.
34e. The enforcement and performance of other activities
35necessary for the motor carrier safety assistance program and
-1-1the high priority program administered under 49 C.F.R. pt.
2350.
3f. The investigation and enforcement of matters relating to
4or arising out of responsibilities entrusted to the department.
5g. Thecontrol and direct direction of traffic and weigh
6vehicles, and to make arrests for violations of the.
7h. The enforcement ofmotor vehicle laws relating to
8the operating authority, registration, size, weight, and
9load of motor vehicles and trailers and registration of a
10motor carrier’s interstate transportation service with the
11department.
123. The maximum age for a person employed as a peace officer
13pursuant to this section is sixty-five years of age.
14 Sec. 3. EFFECTIVE UPON ENACTMENT. The section of this Act
15amending section 321.477, being deemed of immediate importance,
16takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20Under current law, commercial learner’s permits are valid
21for 180 days and may be renewed for an additional 180 days
22without retaking the required general and endorsement knowledge
23tests. This bill alters that provision to incorporate by
24reference the validity and renewal periods provided by the
25code of federal regulations as well as an exemption for state
26driver’s licensing agencies. Although the code of federal
27regulations specifies the same 180-day validity and renewal
28periods, state driver’s licensing agencies are currently
29exempted from those periods by the federal motor carrier safety
30administration, and may instead allow commercial learner’s
31permits to be valid for one year with no renewal period.
32Current law provides that certain employees of the
33department of transportation (DOT) may be designated as peace
34officers authorized to control and direct traffic and weigh
35vehicles, and to make arrests for violations of the motor
-2-1vehicle laws relating to the operating authority, registration,
2size, weight, and load of motor vehicles and trailers, and
3registration of a motor carrier’s interstate transportation
4service with the DOT.
5The bill authorizes peace officers employed by the DOT
6to enforce all laws of the state including but not limited
7to the rules and regulations of the DOT. The bill requires
8DOT employees designated as peace officers to primarily
9engage in the enforcement of federal motor carrier safety
10regulations and federal motor carrier hazardous materials
11regulations; the regulation of the operating authority of
12motor carriers; the regulation of the movement, safety, and
13lawful operation of commercial motor vehicles; the regulation
14of the operating authority of commercial motor vehicle
15operators; the enforcement of traffic and safety laws on
16operators of commercial motor vehicles; the enforcement and
17performance of other activities necessary for the motor carrier
18safety assistance program and the high priority program;
19the investigation and enforcement of matters relating to or
20arising out of responsibilities entrusted to the DOT; the
21control and direction of traffic; and the enforcement of motor
22vehicle laws relating to the operating authority, registration,
23size, weight, and load of motor vehicles and trailers. This
24provision of the bill takes effect upon enactment.
-3-ns/nh/rh