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Transportation – week of Feb. 24, 2014

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SF 2192 – Definition of motorized bike or moped

SF 2228 – Minor School License for extracurricular activities in school sharing agreements

SF 2287 – ATVs on secondary roads

SF 2288 – Revocation period for driving on Minor School License

SF 2289 – Making texting while driving a primary offense

SF 2290 – Exempts rail operators from the requirement to carry a driver’s license

SF 2291 – Registration & titling for new completed motor vehicle

SF 2299 – Ignition Interlock for first time OWI

SF 2307 – Transportation of rail workers

SF 2325 – DOT omnibus

HF 2216 – Updating definition of Off-Road Utility Vehicle

 

FLOOR ACTION:

SF 2192 revises the definition of a motorized bicycle (moped) by increasing the maximum speed capability to 39 miles per hour to allow them to keep up with the flow of traffic. Currently, a moped is defined as a motor vehicle with a saddle or seat that travels on three or fewer wheels, and is not capable of going above 30 miles per hour on level ground. [2/24: 47-2 (Bolkcom, Dvorsky "no"; Ernst absent)]

 

SF 2228 allows a teen with a special minor’s license to drive anytime between 5 a.m. and 10 p.m. from their home or school of enrollment to another school by the most direct route to participate in extracurricular activities under a sharing agreement. The teen may also drive to the closest gas station to refuel. Currently, a person holding a special minor’s license may not drive to extracurricular activities outside the school district where they reside. [2/25: 50-0]

 

HF 2216 revises the definition of off-road utility vehicle. “Off-road utility vehicle” currently is defined as a motorized vehicle with four to eight non-highway tires or rubberized tracks, a bucket or bench seat, and a steering wheel or control levers. This includes vehicles with an engine displacement of less than 1,500 cubic centimeters and a total dry weight of less than 2,000 pounds. The bill strikes the limitation on engine size and establishes three off-road utility vehicle classifications based on weight and width.

Type 1: vehicles with a total dry weight of 1,200 pounds or less and a width of 50 inches or less.

Type 2: vehicles, other than type 1 vehicles, with a total dry weight of 2,000 pounds or less and a width of 65 inches or less.

Type 3: vehicles with a total dry weight of more than 2,000 pounds or a width of more than 65 inches, or both.

Off-road vehicle enthusiasts and dealers say this change will allow more types of all-terrain and off-road utility vehicles to use designated parks. The bill already passed the House, where it had been taken up by the Natural Resources Committee, by 99-0. [2/24: 49-0 (Ernst absent)]

 

COMMITTEE ACTION: 

SF 2287 provides for expanded use of all-terrain vehicles (ATV) on roads. Highlights include:

• An ATV may operate on secondary roads, may cross over a primary highway, and may operate within city limits where permitted by ordinance. A county may approve an ordinance to opt out of allowing ATVs on roads under its jurisdiction, and a city may authorize ATVs on highways under city jurisdiction other than municipal extensions of primary highways.

• A person who operates an ATV on a road under the new provisions must be at least 16, have a valid driver’s license and carry proof of motor vehicle financial liability coverage. The ATV must be registered with the Department of Natural Resources. Motor vehicle laws apply to operation on roads, and the ATV must meet requirements for headlamps, rear lamps and turn signals. Current speed limits apply, except that ATVs may not go above 35 miles per hour on roads.

• Pursuant to current law, a violation is a simple misdemeanor punishable by a scheduled fine of $50.

• Under this bill, ATVs include off-road utility vehicles. [2/20: 10-2 (Dearden, Dvorsky "no"; Feenstra absent)]

 

SF 2288 shortens the period of license revocation for a special minor’s license to 30 days. Under current law, when a person with a special minor’s license is convicted of two or more motor vehicle violations other than parking violations, the DOT is required to revoke the license for a year. [2/20: 12-0 (Feenstra absent)]

 

SF 2289 makes texting while driving a primary offense by authorizing a peace officer to stop a person suspected of using a hand-held electronic communication device to write, read or send a text message while driving a motor vehicle. A violation is punishable by a scheduled fine of $30, but it is not considered a moving violation. [2/20: 11-1 (Behn "no"; Feenstra absent)]

 

SF 2290 provides that rail crewmembers are not required to carry a motor vehicle driver’s license when operating a locomotive or train. [2/20: 12-0 (Feenstra absent)]

 

SF 2291 establishes an alternative process for an equipment dealer to acquire a new vehicle without paying the fee for new registration, modify the vehicle and sell it as a used vehicle. Three requirements must be met:

1. The equipment dealer rebuilds the vehicle to create an ambulance, rescue vehicle, fire vehicle, or towing or recovery vehicle; or installs special equipment on the new completed motor truck with a gross vehicle weight rating of 14,500 pounds or more.

2. The value of the work performed and equipment installed equals or exceeds 80 percent of the purchase price paid.

3. The equipment dealer sells the modified vehicle as a used vehicle to a business or government entity, not an individual consumer.

The equipment dealer must obtain a certificate of title and registration, but is exempt from paying annual registration fees, provided the vehicle is used only for purposes incidental to resale and displays a dealer plate. [2/20: 12-0 (Feenstra absent)]

 

SF 2299 makes changes to Iowa’s operating-while-intoxicated (OWI) law. Highlights include:

• Eliminating current eligibility restrictions for a temporary restricted license and installation of an ignition interlock device (IID), dependent upon the number of prior offenses, blood alcohol level, and whether an accident caused personal injury or property damage.

• Allowing a court to increase the time a defendant must have an IID on all their vehicles, in addition to any time the device is required for reinstatement of driving privileges or for a temporary restricted license.

• Requiring those applying for reinstatement of their driving privileges to install an IID on all their vehicles. For a first offense, at least six months from the date of reinstatement; for a second or subsequent offense, at least one year from the date of reinstatement; and if the offense involved a death, at least one year from the date of reinstatement regardless of whether the person has had a previous revocation. The time a person must have an IID will be reduced by any time they held a valid temporary restricted license during the revocation, subject to any additional time required.

• DOT will adopt rules requiring IID providers to submit electronic reports on devices installed on the vehicles of those seeking license reinstatement, including instances of tampering, circumvention or removal. The reports must include detection of alcohol concentrations that would disable the vehicle. A person seeking reinstatement must show that for the three-month period immediately preceding removal of the IID, their IID did not detect an alcohol concentration that would disable the vehicle. The time for having an IID will be extended indefinitely until the person achieves at least three months that the device does not detect an alcohol concentration that would disable the vehicle.

• A person whose noncommercial driver’s license is revoked may receive a temporary restricted license to drive for any lawful purpose under this bill because they must have an IID installed. Certain driving restrictions are maintained for those whose licenses are revoked for third or subsequent OWI convictions, offenses involving a death and habitual offenders. [2/20: 8-4, party line (Feenstra absent)]

 

SF 2307 establishes safety standards for the transport of rail crews. Highlights include:

• Vehicle inspections. An employer must have vehicles that transport rail crews inspected annually, and must establish a maintenance and repair program and keep the records for one year, or for six months for a vehicle that they no longer own. A driver must complete a daily written vehicle report.

• Driver qualifications. An employer must maintain driver qualification files for employees, including driving and employment records. An employee is disqualified from driving if convicted of two or more serious traffic violations committed within three years. Drivers must take drug and alcohol tests as a condition of employment, and following a work-related accident if it involved death, bodily injury or disabling damage to a motor vehicle, and the driver was cited for a moving violation. Grounds for disqualification of a driver include a test result indicating alcohol or a controlled substance in the body, refusing to be tested, or tampering with a specimen. 

• Financial liability. An employer must maintain $1 million per person in financial liability coverage, up to $5 million per motor vehicle; and $1 million per motor vehicle occupant in uninsured or underinsured motorist coverage, up to $5 million per motor vehicle.

• An employer must provide DOT access to facilities and records relating to accidents.

• Pursuant to current law, a violation of the provisions relating to the transportation of railroad workers is punishable by a schedule “one” penalty, which is a fine of $100. An additional civil penalty of up to $2,000 may be imposed. Each violation is a separate offense, and each day that a violation continues is a separate offense. [2/20: 8-4, party line (Feenstra absent)]

 

SF 2325 is the DOT’s annual departmental bill. Highlights include:

• In compliance with federal law, extends the Iowa DOT’s responsibility to regulate junkyards along the national highway system, in addition to the interstate system. A junkyard may not be within 1,000 feet of the national highway system unless it is not visible from the road or is screened from view, or is located within an industrial area. Junkyards already in existence that do not comply with this law will be grandfathered in and will be screened, if feasible.

• In compliance with federal law, expands the DOT’s regulation of billboards by redefining “primary highways” to include the national highway system and the federal-aid primary system as it existed on June 1, 1991. Certain restrictions on the placement of advertising devices are amended to narrow the application.

• In compliance with federal law, exempts farmers from commercial driver’s license requirements while operating a covered farm vehicle.

• Amends and reorganizes Code chapter 307 to reflect the current structure and responsibilities of the DOT and its divisions, and Code chapter 307A to reflect the current structure and responsibilities of the state Transportation Commission.

• Allows release of a lien on a motor vehicle with a valid certificate of title issued by another state on which the security interest is no longer noted.

• Describes new colored lights and lighted symbols used on official traffic-control signals. For pedestrians, the “steady upraised hand” means “don’t walk;” the “walking person” means “walk;” the “flashing upright hand” indicates when to wait before crossing or to proceed quickly; and the “upraised hand with countdown” indicates the time remaining for the pedestrian to complete the crossing. The “flashing yellow arrow” means traffic may cautiously enter the intersection and proceed in the direction indicated, but must yield the right-of-way to other vehicles and pedestrians lawfully in the intersection or approaching.

• Extends the deadline from 10 to 30 days to return the certificate of title and claim a refund of the registration fee on an aircraft that is junked or destroyed.

• Changes quarterly reports on the DOT’s implementation of efficiency measures to annual reports.

• Allows dealer plates to be used to haul a load or tow a trailer; adopts the “manufacturer’s suggested retail price” for use in calculating repairs that restore a vehicle to factory condition; clarifies that the exemption for dealers on the fee for new registration applies to loaner vehicles, whether they are being offered for sale or not; and allows commercial brokering/consignment sales of used heavy duty trucks if they are sold to businesses or farmers. [2/20: 9-3 (Dearden, Dvorsky, McCoy "no"; Feenstra absent)]


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