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Senate Study Bill 3147 - IntroducedA Bill ForAn Act 1relating to motor carriers, and making penalties
2applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 325A.1, subsections 4, 6, and 7, Code
22018, are amended to read as follows:
34. “Interstate motor carrier number” means a United States
4department of transportation number or motor carrier number
5issued by the federal highway administration to a motor carrier
6engaged in interstate commerce.
76. “Motor carrier” means a person defined in subsection 8,
89, 9A, or 10, but does not include a transportation network
9company or a transportation network company driver, as defined
10in section 321N.1.
117. “Motor carrier certificate” means a certificate issued
12by the department to any person transporting passengers on any
13highway of this state for hire, other than a transportation
14network company or a transportation network company driver, as
15defined in section 321N.1 a motor carrier of passengers. This
16certificate is transferable.
17 Sec. 2. Section 325A.1, Code 2018, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 5A. “Intrastate motor carrier number” means
20a United States department of transportation number or motor
21carrier number issued by the federal highway administration to
22a motor carrier engaged only in intrastate commerce.
23 NEW SUBSECTION. 9A. “Motor carrier of passengers” means any
24person transporting passengers on any highway of this state
25for hire, other than a transportation network company or a
26transportation network company driver, as defined in section
27321N.1.
28 Sec. 3. Section 325A.3, Code 2018, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 2A. In addition to the application
31requirements set forth in subsection 2, all applications for
32a taxicab service passenger certificate shall include the
33applicant’s interstate motor carrier number or intrastate motor
34carrier number. If the applicant has both an interstate and
35intrastate motor carrier number, only the interstate motor
-1-1carrier number must be included.
2 Sec. 4. Section 325A.3A, Code 2018, is amended to read as
3follows:
4325A.3A Hearings.
5A person whose application for a permit or certificate under
6this chapter has been denied, or whose permit or certificate
7has been suspended, may contest the decision under chapter 17A
8and in accordance with rules adopted by the department. The
9request for a hearing shall be in writing to the director of
10the division department’s office of vehicle and motor carrier
11services, state department of transportation, at its office in
12the capital city’s metropolitan area.
13 Sec. 5. Section 325A.12, subsection 3, paragraph a, Code
142018, is amended to read as follows:
15a. Taxicabs with a seating capacity of not more less than
16eight seven passengers, or persons having a license, contract,
17or franchise with an Iowa a city in this state to carry or
18transport passengers for hire while operating within the
19guidelines of the license, contract, or franchise.
20 Sec. 6. Section 325A.12, Code 2018, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 5A. “Taxicab service” means a person
23engaged in the for-hire transportation of passengers in a
24taxicab having a seating capacity of less than seven passengers
25and not operating on a regular route or between specified
26points.
27 Sec. 7. Section 325A.13, subsection 2, paragraphs f and g,
28Code 2018, are amended by striking the paragraphs.
29 Sec. 8. Section 325A.13, Code 2018, is amended by adding the
30following new subsections:
31 NEW SUBSECTION. 2A. It is unlawful for a taxicab service to
32transport passengers by motor vehicle for hire from any place
33in this state to another place in this state, irrespective
34of the route or highway traversed, without first having
35obtained a taxicab service passenger certificate from the
-2-1department. However, a taxicab service passenger certificate
2issued by the department does not authorize a taxicab service
3to transport passengers within the boundaries of a local
4authority that licenses or regulates such vehicles pursuant
5to section 321.236, subsection 7, unless the taxicab service
6is in compliance with all applicable regulations of the local
7authority.
8 NEW SUBSECTION. 2B. A person shall not operate as a charter
9carrier, regular-route motor carrier of passengers, or taxicab
10service in this state unless the person possesses a certificate
11issued by the department applicable to the type of operation
12in which the person is engaged.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill creates and modifies provisions relating to motor
17carriers.
18The bill specifies that “motor carrier” includes motor
19carriers of passengers for the purposes of Code chapter 325A.
20 A motor carrier of passengers is any person transporting
21passengers on any highway of this state for hire, other than
22a transportation network company or a transportation network
23company driver.
24The bill provides that, in addition to the application
25requirements of Code section 325A.3(2), all applications for
26a taxicab service passenger certificate must include the
27applicant’s interstate motor carrier number or intrastate motor
28carrier number. If the applicant has both an interstate and
29intrastate motor carrier number, only the interstate motor
30carrier number must be included.
31Under current law, a request for a hearing to contest a
32decision by the department of transportation (DOT) to deny a
33person’s application for a motor carrier permit or certificate,
34or suspend a person’s motor carrier permit or certificate, must
35be submitted in writing to the DOT’s director of the division
-3-1of motor carrier services at its office in the capital city’s
2metropolitan area. The bill specifies that the request must be
3submitted in writing to the DOT’s office of vehicle and motor
4carrier services.
5Under current law, for purposes of Code chapter 325A,
6subchapter II, “charter carrier” does not include taxicabs with
7a seating capacity of not more than eight passengers. The bill
8amends current law to provide that “charter carrier” does not
9include taxicabs with a seating capacity of less than seven
10passengers.
11The bill prohibits a taxicab service from transporting
12passengers by motor vehicle for hire from any place in this
13state to another place in this state, irrespective of the route
14or highway traversed, without first having obtained a taxicab
15service passenger certificate from the DOT. However, the bill
16provides that a taxicab service passenger certificate issued
17by the DOT does not authorize a taxicab service to transport
18passengers within the boundaries of a local authority that
19licenses or regulates such vehicles pursuant to Code section
20321.236(7) unless the taxicab service is in compliance with
21all applicable regulations of the local authority. A “taxicab
22service” is a person engaged in the for-hire transportation
23of passengers in a taxicab having a seating capacity of less
24than seven passengers and not operating on a regular route or
25between specified points.
26Under current law, a regular-route motor carrier of
27passengers is prohibited from operating as a charter carrier in
28this state unless it possesses a charter passenger certificate,
29and a charter carrier is prohibited from operating as a
30regular-route passenger carrier in this state unless it
31possesses a regular-route passenger certificate. The bill
32strikes these provisions and provides that a person shall not
33operate as a charter carrier, regular-route motor carrier of
34passengers, or taxicab service in this state unless the person
35possesses a certificate issued by the DOT applicable to the
-4-1type of operation in which the person is engaged.
2By operation of law, a violation of the provisions of the
3bill is punishable by a scheduled fine of $250 and may result
4in the revocation or suspension of the person’s motor carrier
5permit or certificate (Code sections 325A.23 and 325A.24).
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2applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 325A.1, subsections 4, 6, and 7, Code
22018, are amended to read as follows:
34. “Interstate motor carrier number” means a United States
4department of transportation number or motor carrier number
5issued by the federal highway administration to a motor carrier
6engaged in interstate commerce.
76. “Motor carrier” means a person defined in subsection 8,
89, 9A, or 10, but does not include a transportation network
9company or a transportation network company driver, as defined
10in section 321N.1.
117. “Motor carrier certificate” means a certificate issued
12by the department to any person transporting passengers on any
13highway of this state for hire, other than a transportation
14network company or a transportation network company driver, as
15defined in section 321N.1 a motor carrier of passengers. This
16certificate is transferable.
17 Sec. 2. Section 325A.1, Code 2018, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 5A. “Intrastate motor carrier number” means
20a United States department of transportation number or motor
21carrier number issued by the federal highway administration to
22a motor carrier engaged only in intrastate commerce.
23 NEW SUBSECTION. 9A. “Motor carrier of passengers” means any
24person transporting passengers on any highway of this state
25for hire, other than a transportation network company or a
26transportation network company driver, as defined in section
27321N.1.
28 Sec. 3. Section 325A.3, Code 2018, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 2A. In addition to the application
31requirements set forth in subsection 2, all applications for
32a taxicab service passenger certificate shall include the
33applicant’s interstate motor carrier number or intrastate motor
34carrier number. If the applicant has both an interstate and
35intrastate motor carrier number, only the interstate motor
-1-1carrier number must be included.
2 Sec. 4. Section 325A.3A, Code 2018, is amended to read as
3follows:
4325A.3A Hearings.
5A person whose application for a permit or certificate under
6this chapter has been denied, or whose permit or certificate
7has been suspended, may contest the decision under chapter 17A
8and in accordance with rules adopted by the department. The
9request for a hearing shall be in writing to the director of
10the division department’s office of vehicle and motor carrier
11services, state department of transportation, at its office in
12the capital city’s metropolitan area.
13 Sec. 5. Section 325A.12, subsection 3, paragraph a, Code
142018, is amended to read as follows:
15a. Taxicabs with a seating capacity of not more less than
16eight seven passengers, or persons having a license, contract,
17or franchise with an Iowa a city in this state to carry or
18transport passengers for hire while operating within the
19guidelines of the license, contract, or franchise.
20 Sec. 6. Section 325A.12, Code 2018, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 5A. “Taxicab service” means a person
23engaged in the for-hire transportation of passengers in a
24taxicab having a seating capacity of less than seven passengers
25and not operating on a regular route or between specified
26points.
27 Sec. 7. Section 325A.13, subsection 2, paragraphs f and g,
28Code 2018, are amended by striking the paragraphs.
29 Sec. 8. Section 325A.13, Code 2018, is amended by adding the
30following new subsections:
31 NEW SUBSECTION. 2A. It is unlawful for a taxicab service to
32transport passengers by motor vehicle for hire from any place
33in this state to another place in this state, irrespective
34of the route or highway traversed, without first having
35obtained a taxicab service passenger certificate from the
-2-1department. However, a taxicab service passenger certificate
2issued by the department does not authorize a taxicab service
3to transport passengers within the boundaries of a local
4authority that licenses or regulates such vehicles pursuant
5to section 321.236, subsection 7, unless the taxicab service
6is in compliance with all applicable regulations of the local
7authority.
8 NEW SUBSECTION. 2B. A person shall not operate as a charter
9carrier, regular-route motor carrier of passengers, or taxicab
10service in this state unless the person possesses a certificate
11issued by the department applicable to the type of operation
12in which the person is engaged.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill creates and modifies provisions relating to motor
17carriers.
18The bill specifies that “motor carrier” includes motor
19carriers of passengers for the purposes of Code chapter 325A.
20 A motor carrier of passengers is any person transporting
21passengers on any highway of this state for hire, other than
22a transportation network company or a transportation network
23company driver.
24The bill provides that, in addition to the application
25requirements of Code section 325A.3(2), all applications for
26a taxicab service passenger certificate must include the
27applicant’s interstate motor carrier number or intrastate motor
28carrier number. If the applicant has both an interstate and
29intrastate motor carrier number, only the interstate motor
30carrier number must be included.
31Under current law, a request for a hearing to contest a
32decision by the department of transportation (DOT) to deny a
33person’s application for a motor carrier permit or certificate,
34or suspend a person’s motor carrier permit or certificate, must
35be submitted in writing to the DOT’s director of the division
-3-1of motor carrier services at its office in the capital city’s
2metropolitan area. The bill specifies that the request must be
3submitted in writing to the DOT’s office of vehicle and motor
4carrier services.
5Under current law, for purposes of Code chapter 325A,
6subchapter II, “charter carrier” does not include taxicabs with
7a seating capacity of not more than eight passengers. The bill
8amends current law to provide that “charter carrier” does not
9include taxicabs with a seating capacity of less than seven
10passengers.
11The bill prohibits a taxicab service from transporting
12passengers by motor vehicle for hire from any place in this
13state to another place in this state, irrespective of the route
14or highway traversed, without first having obtained a taxicab
15service passenger certificate from the DOT. However, the bill
16provides that a taxicab service passenger certificate issued
17by the DOT does not authorize a taxicab service to transport
18passengers within the boundaries of a local authority that
19licenses or regulates such vehicles pursuant to Code section
20321.236(7) unless the taxicab service is in compliance with
21all applicable regulations of the local authority. A “taxicab
22service” is a person engaged in the for-hire transportation
23of passengers in a taxicab having a seating capacity of less
24than seven passengers and not operating on a regular route or
25between specified points.
26Under current law, a regular-route motor carrier of
27passengers is prohibited from operating as a charter carrier in
28this state unless it possesses a charter passenger certificate,
29and a charter carrier is prohibited from operating as a
30regular-route passenger carrier in this state unless it
31possesses a regular-route passenger certificate. The bill
32strikes these provisions and provides that a person shall not
33operate as a charter carrier, regular-route motor carrier of
34passengers, or taxicab service in this state unless the person
35possesses a certificate issued by the DOT applicable to the
-4-1type of operation in which the person is engaged.
2By operation of law, a violation of the provisions of the
3bill is punishable by a scheduled fine of $250 and may result
4in the revocation or suspension of the person’s motor carrier
5permit or certificate (Code sections 325A.23 and 325A.24).
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