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Senate File 473 - 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 321.463, Code 2017, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 4A. a. Notwithstanding any provision of
12law to the contrary, a motor vehicle equipped with an engine
13fueled primarily by compressed natural gas may exceed any
14applicable maximum gross weight limit under this chapter, up
15to a maximum gross weight of eighty-two thousand pounds, by
16an amount equal to the difference between the weight of the
17vehicle attributable to the compressed natural gas tank and
18fueling system installed in the vehicle and the weight of a
19comparable diesel fuel tank and fueling system.
20b. Notwithstanding any provision of law to the contrary,
21a motor vehicle described in paragraph “a” equipped with an
22auxiliary power or idle reduction technology unit that reduces
23fuel use and emissions during engine idling may exceed any
24applicable maximum gross weight limit under this chapter by
25five hundred fifty pounds or the weight of the auxiliary power
26or idle reduction technology unit, whichever is less. This
27paragraph “b” shall not apply unless the operator of the vehicle
28provides to the department a written certification of the
29weight of the auxiliary power or idle reduction technology
30unit, demonstrates or certifies to the department that the idle
31reduction technology unit is fully functional at all times,
32and carries with the operator the written certification of the
33weight of the auxiliary power or idle reduction technology unit
34in the vehicle at all times to present to law enforcement in
35the event the vehicle is suspected of violating any applicable
-1-1weight restrictions.
2 Sec. 3. Section 321.477, Code 2017, is amended to read as
3follows:
4321.477 Employees as peace officers — maximum age.
51. The department may designate by resolution certain of
6its employees upon each of whom there is hereby conferred the
7authority of a peace officer to enforce all laws of the state
8including but not limited to the rules and regulations of the
9department. Employees designated as peace officers pursuant
10to this section shall have the same powers conferred by law on
11peace officers for the enforcement of the laws of this state
12and the apprehension of violators.
132. Employees designated as peace officers pursuant to this
14section shall primarily engage in the following enforcement
15activities:
16a. The enforcement of federal motor carrier safety
17regulations and federal motor carrier hazardous materials
18regulations as adopted in this chapter and in rules adopted by
19the department under this chapter.
20b. The regulation of the operating authority of motor
21carriers.
22c. The regulation of the movement, safety, and lawful
23operation of commercial motor vehicles.
24d. The regulation of the operating authority of commercial
25motor vehicle operators and the enforcement of traffic and
26safety laws on operators of commercial motor vehicles.
27e. The enforcement and performance of other activities
28necessary for the motor carrier safety assistance program and
29the high priority program administered under 49 C.F.R. pt.
30350.
31f. The investigation and enforcement of matters relating to
32or arising out of responsibilities entrusted to the department.
33g. Thecontrol and direct direction of traffic and weigh
34vehicles, and to make arrests for violations of the.
35h. The enforcement ofmotor vehicle laws relating to
-2-1the operating authority, registration, size, weight, and
2load of motor vehicles and trailers and registration of a
3motor carrier’s interstate transportation service with the
4department.
53. The maximum age for a person employed as a peace officer
6pursuant to this section is sixty-five years of age.
7 Sec. 4. EFFECTIVE UPON ENACTMENT. The section of this Act
8amending section 321.477, being deemed of immediate importance,
9takes effect upon enactment.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13Under current law, commercial learner’s permits are valid
14for 180 days and may be renewed for an additional 180 days
15without retaking the required general and endorsement knowledge
16tests. This bill alters that provision to incorporate by
17reference the validity and renewal periods provided by the
18code of federal regulations as well as an exemption for state
19driver’s licensing agencies. Although the code of federal
20regulations specifies the same 180-day validity and renewal
21periods, state driver’s licensing agencies are currently
22exempted from those periods by the federal motor carrier safety
23administration, and may instead allow commercial learner’s
24permits to be valid for one year with no renewal period.
25The bill provides that a motor vehicle equipped with an
26engine fueled primarily by compressed natural gas may exceed
27any applicable maximum gross weight limit under Code chapter
28321, up to a maximum gross weight of 82,000 pounds, by an
29amount equal to the difference between the weight of the
30vehicle attributable to the compressed natural gas tank and
31fueling system installed in the vehicle and the weight of a
32comparable diesel fuel tank and fueling system.
33The bill further provides that such a motor vehicle equipped
34with an auxiliary power or idle reduction technology unit that
35reduces fuel use and emissions during engine idling may exceed
-3-1any applicable maximum gross weight limit by 550 pounds or the
2weight of the auxiliary power or idle reduction technology
3unit, whichever is less. However, this provision does not
4apply unless the operator of the vehicle provides to the
5department of transportation (DOT) a written certification of
6the weight of the auxiliary power or idle reduction technology
7unit, demonstrates or certifies to the DOT that the idle
8reduction technology unit is fully functional at all times,
9and carries with the operator the written certification of the
10weight of the auxiliary power or idle reduction technology unit
11in the vehicle at all times to present to law enforcement in
12the event the vehicle is suspected of violating any applicable
13weight restrictions.
14Current law provides that certain employees of the DOT may be
15designated as peace officers authorized to control and direct
16traffic and weigh vehicles, and to make arrests for violations
17of the motor vehicle laws relating to the operating authority,
18registration, size, weight, and load of motor vehicles and
19trailers, and registration of a motor carrier’s interstate
20transportation service with the DOT.
21The bill authorizes peace officers employed by the DOT
22to enforce all laws of the state including but not limited
23to the rules and regulations of the DOT. The bill requires
24DOT employees designated as peace officers to primarily
25engage in the enforcement of federal motor carrier safety
26regulations and federal motor carrier hazardous materials
27regulations; the regulation of the operating authority of
28motor carriers; the regulation of the movement, safety, and
29lawful operation of commercial motor vehicles; the regulation
30of the operating authority of commercial motor vehicle
31operators; the enforcement of traffic and safety laws on
32operators of commercial motor vehicles; the enforcement and
33performance of other activities necessary for the motor carrier
34safety assistance program and the high priority program;
35the investigation and enforcement of matters relating to or
-4-1arising out of responsibilities entrusted to the DOT; the
2control and direction of traffic; and the enforcement of motor
3vehicle laws relating to the operating authority, registration,
4size, weight, and load of motor vehicles and trailers. This
5provision of the bill takes effect upon enactment.
-5-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 321.463, Code 2017, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 4A. a. Notwithstanding any provision of
12law to the contrary, a motor vehicle equipped with an engine
13fueled primarily by compressed natural gas may exceed any
14applicable maximum gross weight limit under this chapter, up
15to a maximum gross weight of eighty-two thousand pounds, by
16an amount equal to the difference between the weight of the
17vehicle attributable to the compressed natural gas tank and
18fueling system installed in the vehicle and the weight of a
19comparable diesel fuel tank and fueling system.
20b. Notwithstanding any provision of law to the contrary,
21a motor vehicle described in paragraph “a” equipped with an
22auxiliary power or idle reduction technology unit that reduces
23fuel use and emissions during engine idling may exceed any
24applicable maximum gross weight limit under this chapter by
25five hundred fifty pounds or the weight of the auxiliary power
26or idle reduction technology unit, whichever is less. This
27paragraph “b” shall not apply unless the operator of the vehicle
28provides to the department a written certification of the
29weight of the auxiliary power or idle reduction technology
30unit, demonstrates or certifies to the department that the idle
31reduction technology unit is fully functional at all times,
32and carries with the operator the written certification of the
33weight of the auxiliary power or idle reduction technology unit
34in the vehicle at all times to present to law enforcement in
35the event the vehicle is suspected of violating any applicable
-1-1weight restrictions.
2 Sec. 3. Section 321.477, Code 2017, is amended to read as
3follows:
4321.477 Employees as peace officers — maximum age.
51. The department may designate by resolution certain of
6its employees upon each of whom there is hereby conferred the
7authority of a peace officer to enforce all laws of the state
8including but not limited to the rules and regulations of the
9department. Employees designated as peace officers pursuant
10to this section shall have the same powers conferred by law on
11peace officers for the enforcement of the laws of this state
12and the apprehension of violators.
132. Employees designated as peace officers pursuant to this
14section shall primarily engage in the following enforcement
15activities:
16a. The enforcement of federal motor carrier safety
17regulations and federal motor carrier hazardous materials
18regulations as adopted in this chapter and in rules adopted by
19the department under this chapter.
20b. The regulation of the operating authority of motor
21carriers.
22c. The regulation of the movement, safety, and lawful
23operation of commercial motor vehicles.
24d. The regulation of the operating authority of commercial
25motor vehicle operators and the enforcement of traffic and
26safety laws on operators of commercial motor vehicles.
27e. The enforcement and performance of other activities
28necessary for the motor carrier safety assistance program and
29the high priority program administered under 49 C.F.R. pt.
30350.
31f. The investigation and enforcement of matters relating to
32or arising out of responsibilities entrusted to the department.
33g. Thecontrol and direct direction of traffic and weigh
34vehicles, and to make arrests for violations of the.
35h. The enforcement ofmotor vehicle laws relating to
-2-1the operating authority, registration, size, weight, and
2load of motor vehicles and trailers and registration of a
3motor carrier’s interstate transportation service with the
4department.
53. The maximum age for a person employed as a peace officer
6pursuant to this section is sixty-five years of age.
7 Sec. 4. EFFECTIVE UPON ENACTMENT. The section of this Act
8amending section 321.477, being deemed of immediate importance,
9takes effect upon enactment.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13Under current law, commercial learner’s permits are valid
14for 180 days and may be renewed for an additional 180 days
15without retaking the required general and endorsement knowledge
16tests. This bill alters that provision to incorporate by
17reference the validity and renewal periods provided by the
18code of federal regulations as well as an exemption for state
19driver’s licensing agencies. Although the code of federal
20regulations specifies the same 180-day validity and renewal
21periods, state driver’s licensing agencies are currently
22exempted from those periods by the federal motor carrier safety
23administration, and may instead allow commercial learner’s
24permits to be valid for one year with no renewal period.
25The bill provides that a motor vehicle equipped with an
26engine fueled primarily by compressed natural gas may exceed
27any applicable maximum gross weight limit under Code chapter
28321, up to a maximum gross weight of 82,000 pounds, by an
29amount equal to the difference between the weight of the
30vehicle attributable to the compressed natural gas tank and
31fueling system installed in the vehicle and the weight of a
32comparable diesel fuel tank and fueling system.
33The bill further provides that such a motor vehicle equipped
34with an auxiliary power or idle reduction technology unit that
35reduces fuel use and emissions during engine idling may exceed
-3-1any applicable maximum gross weight limit by 550 pounds or the
2weight of the auxiliary power or idle reduction technology
3unit, whichever is less. However, this provision does not
4apply unless the operator of the vehicle provides to the
5department of transportation (DOT) a written certification of
6the weight of the auxiliary power or idle reduction technology
7unit, demonstrates or certifies to the DOT that the idle
8reduction technology unit is fully functional at all times,
9and carries with the operator the written certification of the
10weight of the auxiliary power or idle reduction technology unit
11in the vehicle at all times to present to law enforcement in
12the event the vehicle is suspected of violating any applicable
13weight restrictions.
14Current law provides that certain employees of the DOT may be
15designated as peace officers authorized to control and direct
16traffic and weigh vehicles, and to make arrests for violations
17of the motor vehicle laws relating to the operating authority,
18registration, size, weight, and load of motor vehicles and
19trailers, and registration of a motor carrier’s interstate
20transportation service with the DOT.
21The bill authorizes peace officers employed by the DOT
22to enforce all laws of the state including but not limited
23to the rules and regulations of the DOT. The bill requires
24DOT employees designated as peace officers to primarily
25engage in the enforcement of federal motor carrier safety
26regulations and federal motor carrier hazardous materials
27regulations; the regulation of the operating authority of
28motor carriers; the regulation of the movement, safety, and
29lawful operation of commercial motor vehicles; the regulation
30of the operating authority of commercial motor vehicle
31operators; the enforcement of traffic and safety laws on
32operators of commercial motor vehicles; the enforcement and
33performance of other activities necessary for the motor carrier
34safety assistance program and the high priority program;
35the investigation and enforcement of matters relating to or
-4-1arising out of responsibilities entrusted to the DOT; the
2control and direction of traffic; and the enforcement of motor
3vehicle laws relating to the operating authority, registration,
4size, weight, and load of motor vehicles and trailers. This
5provision of the bill takes effect upon enactment.
-5-ns/nh/rh