Bill Text: IA HSB632 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A study bill relating to matters under the purview of the department of transportation, and making penalties applicable.

Spectrum: Unknown

Status: (Introduced - Dead) 2016-02-16 - In Transportation [HSB632 Detail]

Download: Iowa-2015-HSB632-Introduced.html

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House Study Bill 632 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
TRANSPORTATION BILL BY
CHAIRPERSON BYRNES)
A BILL FOR
An Act relating to matters under the purview of the department
of transportation, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
AUTOCYCLES
Section 1. Section 321.1, subsection 40, Code 2016, is
amended by adding the following new paragraph:
NEW PARAGRAPH . d. “Autocycle” means a motorcycle with two
front wheels and one rear wheel, a steering wheel, one or more
permanent seats that do not require the operator or a passenger
to straddle or sit astride a seat, and foot pedals that control
the brakes, acceleration, and clutch, where applicable.
Sec. 2. Section 321.180, subsection 1, paragraph b,
subparagraph (2), Code 2016, is amended to read as follows:
(2) However, if the permittee is operating a motorcycle
that is not an autocycle with two or more seats in accordance
with this section or section 321.180B , the accompanying person
must be within audible and visual communications distance from
the permittee and be accompanying the permittee on or in a
different motor vehicle. Only one permittee shall be under the
immediate supervision of an accompanying qualified person.
Sec. 3. Section 321.180B, subsection 1, paragraph c,
subparagraph (2), Code 2016, is amended to read as follows:
(2) If the permittee is operating a motorcycle that is
not an autocycle with two or more seats in accordance with
this section , the accompanying person must be within audible
and visual communications distance from the permittee and be
accompanying the permittee on or in a different motor vehicle.
Only one permittee shall be under the immediate supervision of
an accompanying qualified person.
Sec. 4. Section 321.189, subsection 1, paragraph a,
subparagraphs (3) and (5), Code 2016, are amended to read as
follows:
(3) Class C —— Valid for the operation of a vehicle, other
than a motorcycle that is not an autocycle , or a combination of
vehicles with a gross combination weight rating of twenty-six
thousand one or more pounds provided the towing vehicle has a
gross vehicle weight rating of less than twenty-six thousand
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one pounds and each towed vehicle has a gross vehicle weight
rating of less than ten thousand one pounds, or a combination
of vehicles with a gross vehicle weight rating or gross
combination weight rating of less than twenty-six thousand
one pounds , and also valid for the operation of any vehicle,
other than a motorcycle that is not an autocycle , for which
the operator is exempt from commercial driver’s license
requirements under section 321.176A , and also valid for the
operation of an autocycle .
(5) Class M —— Valid for the operation of a motorcycle that
is not an autocycle .
Sec. 5. Section 321.191, subsection 5, Code 2016, is amended
to read as follows:
5. Licenses valid for motorcycles. An additional fee of two
dollars per year of license validity is required to issue a
license valid to operate a motorcycle that is not an autocycle .
Sec. 6. Section 321.275, subsection 2, paragraph b, Code
2016, is amended to read as follows:
b. Motorcycles. A person shall not operate or ride
a motorcycle on the highways with another person on the
motorcycle unless the motorcycle is designed to carry more than
one person. The If the motorcycle is not an autocycle, the
additional passenger may ride upon the motorcycle’s permanent
and regular seat if the seat is designed for two persons, or
upon another seat firmly attached to the motorcycle at the
rear of the operator. If the motorcycle is an autocycle, the
passenger may ride in a permanent and regular seat within
the autocycle designed for a passenger. The A motorcycle
that is not an autocycle shall be equipped with footrests for
the passenger unless the passenger is riding in a sidecar or
enclosed cab. The motorcycle operator shall not carry any
person nor shall any other person ride in a position that will
interfere with the operation or control of the motorcycle or
the view of the operator.
Sec. 7. Section 321.275, subsections 3, 5, and 6, Code 2016,
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are amended to read as follows:
3. Sitting position. A person operating a motorcycle or
motorized bicycle shall ride only upon the vehicle’s permanent
and regular attached seat. Every person riding upon the
vehicle a motorcycle that is not an autocycle shall be sitting
astride the seat, facing forward with one leg on either side
of the vehicle.
5. Headlights on. A person shall not operate a 1977
or later model year motorcycle that is not an autocycle or
any model year motorized bicycle upon the highways without
displaying at least one lighted headlamp of the type described
in section 321.409 . A person shall not operate any model year
autocycle upon the highways without displaying at least two
lighted headlamps of the type described in section 321.409.
However, this subsection is subject to the exceptions with
respect to parked vehicles as provided in this chapter .
6. Packages. The operator of a motorcycle or motorized
bicycle or motorcycle that is not an autocycle shall not carry
any package, bundle, or other article which prevents the
operator from keeping both hands on the handlebars.
Sec. 8. Section 321.385, Code 2016, is amended to read as
follows:
321.385 Headlamps on motor vehicles.
Every motor vehicle other than a motorcycle or motorized
bicycle or motorcycle that is not an autocycle shall be
equipped with at least two headlamps with at least one on each
side of the front of the motor vehicle, which headlamps shall
comply with the requirements and limitations set forth in this
chapter .
Sec. 9. Section 321.386, Code 2016, is amended to read as
follows:
321.386 Headlamps on motorcycles and motorized bicycles.
Every motorcycle and motorized bicycle and motorcycle
that is not an autocycle shall be equipped with at least one
and not more than two headlamps which shall comply with the
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requirements and limitations of this chapter .
Sec. 10. Section 321.409, subsection 1, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
Except as hereinafter provided, the headlamps or the
auxiliary driving lamp or the auxiliary passing lamp or
combination thereof on motor vehicles other than motorcycles
or motorized bicycles or motorcycles that are not autocycles
shall be so arranged that the driver may select at will between
distributions of light projected to different elevations and
the lamps may, in addition, be so arranged that selection can
be made automatically, subject to the following limitations:
Sec. 11. Section 321.409, subsection 2, Code 2016, is
amended to read as follows:
2. Every new motor vehicle, other than a motorcycle or
motorized bicycle or motorcycle that is not an autocycle, which
has multiple-beam road-lighting equipment shall be equipped
with a beam indicator, which shall be lighted whenever the
uppermost distribution of light from the headlamps is in use,
and shall not otherwise be lighted. The indicator shall be
so designed and located that when lighted it will be readily
visible without glare to the driver of the vehicle.
Sec. 12. Section 321.415, subsection 2, Code 2016, is
amended to read as follows:
2. The provisions of subsection 1 , paragraphs “a” and
“b” , do not apply to motorcycles or motorized bicycles or
motorcycles that are not autocycles being operated between
sunrise and sunset.
Sec. 13. Section 321.430, subsections 1 and 2, Code 2016,
are amended to read as follows:
1. Every motor vehicle, other than a motorcycle, or
motorized bicycle or motorcycle that is not an autocycle , when
operated upon a highway shall be equipped with brakes adequate
to control the movement of and to stop and hold such vehicle,
including two separate means of applying the brakes, each of
which means shall be effective to apply the brakes to at least
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two wheels. If these two separate means of applying the brakes
are connected in any way, they shall be so constructed that
failure of any one part of the operating mechanism shall not
leave the motor vehicle without brakes on at least two wheels.
2. Every motorcycle and motorized bicycle and motorcycle
that is not an autocycle , when operated upon a highway, shall
be equipped with at least one brake, which may be operated by
hand or foot.
Sec. 14. Section 321.430, subsection 4, paragraph a, Code
2016, is amended to read as follows:
a. Any motorcycle or motorized bicycle or motorcycle that is
not an autocycle .
Sec. 15. Section 321.445, subsection 1, Code 2016, is
amended to read as follows:
1. Except for motorcycles or motorized bicycles or
motorcycles that are not autocycles , 1966 model year or
newer motor vehicles subject to registration in Iowa shall be
equipped with safety belts and safety harnesses which conform
with federal motor vehicle safety standard numbers 209 and 210
as published in 49 C.F.R. §571.209 – 571.210 and with prior
federal motor vehicle safety standards for seat belt assemblies
and seat belt assembly anchorages applicable for the motor
vehicle’s model year.
Sec. 16. Section 321.445, subsection 2, paragraph a, Code
2016, is amended to read as follows:
a. The driver and front seat occupants of a type of motor
vehicle that is subject to registration in Iowa, except a
motorcycle or a motorized bicycle or motorcycle that is not an
autocycle , shall each wear a properly adjusted and fastened
safety belt or safety harness any time the vehicle is in
forward motion on a street or highway in this state except
that a child under eighteen years of age shall be secured as
required under section 321.446 .
Sec. 17. Section 321.446, subsections 1 and 2, Code 2016,
are amended to read as follows:
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1. a. A child under one year of age and weighing less
than twenty pounds who is being transported in a motor vehicle
subject to registration, except a school bus or motorcycle
that is not an autocycle , shall be secured during transit in a
rear-facing child restraint system that is used in accordance
with the manufacturer’s instructions.
b. A child under six years of age who does not meet the
description in paragraph “a” and who is being transported in a
motor vehicle subject to registration, except a school bus or a
motorcycle that is not an autocycle , shall be secured during
transit by a child restraint system that is used in accordance
with the manufacturer’s instructions.
2. A child at least six years of age but under eighteen
years of age who is being transported in a motor vehicle
subject to registration, except a school bus or a motorcycle
that is not an autocycle , shall be secured during transit by
a child restraint system that is used in accordance with the
manufacturer’s instructions or by a safety belt or safety
harness of a type approved under section 321.445 .
Sec. 18. Section 322D.1, subsection 7, Code 2016, is amended
by striking the subsection and inserting in lieu thereof the
following:
7. “Motorcycle” means a motorcycle, including an autocycle,
as those terms are defined in section 321.1. “Motorcycle” does
not include an all-terrain vehicle.
DIVISION II
REPAIRED SALVAGE MOTOR VEHICLES
Sec. 19. Section 321.24, subsection 5, Code 2016, is amended
to read as follows:
5. If the prior certificate of title is from another state
and indicates that the vehicle was junked, an Iowa junking
certificate shall be issued according to section 321.52,
subsections 2 and 3 . If the prior certificate of title
from another state indicates that the vehicle is salvaged
and not rebuilt or is a salvage certificate of title, an
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Iowa salvage certificate of title shall be issued and a
“SALVAGE” designation shall be retained on all subsequent
Iowa certificates of title and registration receipts for
the vehicle, except unless the owner has surrendered the
prior certificate of title and a salvage theft examination
certificate, as provided under section 321.52, subsection 4 ,
paragraph “b” , and the salvage theft examination certificate
was properly executed within thirty days of the date the owner
was assigned the prior certificate of title . The department
may require that subsequent Iowa certificates of title retain
other states’ designations which indicate that a vehicle had
incurred prior damage. The department shall determine the
manner in which other states’ rebuilt, salvage, or other
designations are to be indicated on Iowa titles.
Sec. 20. Section 321.52, subsection 4, paragraph c, Code
2016, is amended to read as follows:
c. A salvage theft examination shall be made by a peace
officer who has been specially certified and recertified when
required by the Iowa law enforcement academy to do salvage
theft examinations. The Iowa law enforcement academy shall
determine standards for training and certification, conduct
training, and may approve alternative training programs
which satisfy the academy’s standards for training and
certification. The owner of the salvage vehicle shall make
the vehicle available for examination at a time and location
designated by the peace officer doing the examination. The
owner may obtain a permit to drive the vehicle to and from the
examination location by submitting a repair affidavit to the
agency performing the examination stating that the vehicle is
reasonably safe for operation and listing the repairs which
have been made to the vehicle. The owner must be present
for the examination and have available for inspection the
salvage title, bills of sale for all essential parts changed,
if applicable, and the repair affidavit. The examination
shall be for the purposes of determining whether the vehicle
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or repair components have been stolen. The examination is not
a safety inspection and a signed salvage theft examination
certificate shall not be construed by any court of law to be a
certification that the vehicle is safe to be operated. There
shall be no cause of action against the peace officer or the
agency conducting the examination or the county treasurer
for failure to discover or note safety defects. If the
vehicle passes the theft examination, the peace officer shall
indicate that the vehicle passed examination on the salvage
theft examination certificate. The permit and salvage theft
examination certificate shall be on controlled forms prescribed
and furnished by the department. The owner shall pay a fee of
thirty dollars upon completion of at the time the examination
is scheduled . The agency performing the examinations shall
retain twenty dollars of the fee and shall pay five dollars
of the fee to the department and five dollars of the fee to
the treasurer of state for deposit in the general fund of
the state. Moneys deposited to the general fund under this
paragraph are subject to the requirements of section 8.60 and
shall be used by the Iowa law enforcement academy to provide
for the special training, certification, and recertification of
officers as required by this subsection .
DIVISION III
SPECIAL MINOR’S DRIVER’S LICENSES
Sec. 21. Section 321.194, subsection 1, paragraph a,
subparagraph (2), Code 2016, is amended to read as follows:
(2) During the hours of 5:00 a.m. to 10:00 p.m. over
the most direct and accessible route between the licensee’s
residence or school of enrollment and a school that is not
the student’s licensee’s school of enrollment , but is within
or contiguous to the licensee’s district of residence, for
the purpose of participating in extracurricular activities
conducted under a sharing agreement with the student’s school
of enrollment.
DIVISION IV
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OVERSIZE AND OVERWEIGHT MOTOR VEHICLES
Sec. 22. Section 321E.7, subsection 1, Code 2016, is amended
by adding the following new paragraph:
NEW PARAGRAPH . e. Vehicles operating under a permit issued
pursuant to section 321E.8, 321E.9, or 321E.9A may have a gross
weight not to exceed forty-six thousand pounds on a single
tandem axle of the truck tractor and a gross weight not to
exceed forty-six thousand pounds on a single tandem axle of the
trailer or semitrailer if each axle of each tandem group has at
least four tires.
DIVISION V
AIRCRAFT
Sec. 23. Section 328.24, subsection 1, Code 2016, is amended
to read as follows:
1. If, during the year for which an aircraft, except
nonresident aircraft used for the application of herbicides
and pesticides, was registered and the required fee paid, the
aircraft is destroyed by fire or accident or junked, and its
identity as an aircraft entirely eliminated, or the aircraft
is removed and continuously used beyond the boundaries of the
state, then the owner in whose name it was registered at the
time of destruction, dismantling, or removal from the state
shall return the certificate of registration to the department
within thirty days and make affidavit of the destruction,
dismantling, or removal and make claim for the refund. The
refund shall be paid from the general fund of the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
DIVISION I —— AUTOCYCLES. This bill defines an autocycle
as a motorcycle with two front wheels and one rear wheel, a
steering wheel, one or more permanent seats that do not require
the operator or a passenger to straddle or sit astride a seat,
and foot pedals that control the brakes, acceleration, and
clutch. Under the bill, autocycles are treated as motorcycles
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under the Code, including for purposes of registration and
display of one license plate, except that autocycles are
required to operate with two front headlamps, may transport
packages in the vehicle, must be operated under a class C
driver’s license instead of a class M driver’s license, are not
exempt from lighting equipment requirements, are not exempt
from brake requirements generally applicable to motor vehicles,
and are not exempt from safety belt and child restraint
requirements generally applicable to motor vehicles.
DIVISION II —— REPAIRED SALVAGE MOTOR VEHICLES. Current
law requires the owner of a repaired vehicle with a salvage
certificate of title from another state to apply for and be
issued an Iowa salvage certificate of title before the owner
may apply for and be issued an Iowa certificate of title
indicating the repaired vehicle was previously titled as
salvage. The bill allows the owner of a repaired vehicle to
obtain an Iowa certificate of title indicating the repaired
vehicle was previously titled as salvage by surrendering the
foreign salvage certificate of title and a salvage theft
examination certificate properly executed within 30 days of the
date the owner was assigned the foreign certificate of title.
Under current law, the $30 fee for a salvage theft
examination is due upon completion of the examination.
The bill requires the $30 fee to be paid at the time the
examination is scheduled.
DIVISION III —— SPECIAL MINOR’S DRIVER’S LICENSES. Under
current law, a special minor’s driver’s license entitles the
licensee to travel between the licensee’s residence or school
of enrollment and a school that is not the licensee’s school of
enrollment for the purpose of participating in extracurricular
activities. The bill requires the school that is not the
licensee’s school of enrollment to be within or contiguous to
the licensee’s district of residence.
DIVISION IV —— OVERSIZE AND OVERWEIGHT MOTOR VEHICLES.
Current law limits the weight of a vehicle operating under a
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permit related to excessive size and weight to 20,000 pounds
per axle, or 40,000 pounds per tandem axle. The bill allows
such vehicles to have a weight of 46,000 pounds on a single
tandem axle of the truck tractor and 46,000 pounds on a single
tandem axle of the trailer or semitrailer if each axle of each
tandem group has at least four tires.
DIVISION V —— AIRCRAFT. Under current law, the owner of an
aircraft may receive a registration refund if the aircraft is
destroyed by fire or accident or junked, and its identity as an
aircraft entirely eliminated, or the aircraft is removed and
continuously used beyond the boundaries of the state. However,
nonresident owners of aircraft used for the application of
herbicides and pesticides are prohibited from receiving a
refund. The bill prohibits all owners of aircraft used for
the application of herbicides and pesticides from receiving a
refund.
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