SF 397 – Department of Transportation omnibus
HF 287 – Counterfeit, nonfunctional or unsafe airbags
FLOOR ACTION:
SF 397 is the Department of Transportation (DOT) policy bill. As amended, the bill includes these elements:
DIVISION I — AVIATION. The bill eliminates the exception that allows the DOT to compete with private enterprise in aircraft pool operations. The DOT no longer maintains an aircraft pool. The bill eliminates the requirement that certificates of registration for aircraft be displayed and presented to the DOT upon request. Certificates now are held electronically.
DIVISION II — TRANSPORTATION DEPARTMENT AND COMMISSION. Code chapter 307, which establishes the DOT, is amended and reorganized to reflect the current structure and responsibilities of the department and its divisions. Provisions that relate to the state transportation commission are repealed from Code chapter 307 and moved to Code chapter 307A, which relates to the commission. Code chapter 307A, which contains some of the duties of the state transportation commission, is amended to include provisions establishing the commission and providing for its organization and membership. Provisions that relate to the duties performed by the DOT are repealed from Code chapter 307A and moved to Code chapter 307.
DIVISION III — MOTOR VEHICLES:
** Expands the DOT’s ability to issue regular license plates without fee to federal law enforcement officers.
** Fixes a loophole in 2014 legislation by making the fee for the voluntary replacement of a driver’s license to remove “under 18” or “under 21” upon attaining such age from $1 to $10.
** Provides that a person whose driver’s license was suspended or revoked for motor vehicle violations and was also suspended or revoked for operating-while-intoxicated is eligible for a temporary restricted license if the person meets the eligibility requirements of both provisions.
** Alters the late filing penalty for commercial driver registration fees from five percent of fees due to all states to five percent of the fees due to Iowa only. Late penalties will remain due to the state until the fees and penalties are received.
** Allow annual permits for bagged livestock bedding.
** Change the maximum length for travel trailers and fifth wheels from 40 to 45 feet.
** Allow new motor vehicles to be displayed and offered for sale at the Iowa State Fair. A price may be negotiated, but sales must be finalized at the dealer’s principal place of business.
DIVISION IV — RAIL TRANSPORTATION. This division repeals obsolete Code sections.
DIVISION V — COMMERCIAL DRIVER’S LICENSES & PERMITS. This division provides that the fee for removing full air brake, manual transmission, tractor-trailer or passenger vehicle restrictions on a CDL or CLP is $10. In compliance with federal law, this division also:
** Defines commercial driver’s license (CDL) and commercial learner’s permit (CLP) as they are defined in federal regulations.
** Alters weight calculations for commercial motor vehicles and tank vehicles.
** Expands Code sections that refer to CDLs to also refer to CLPs.
** Requires the DOT to adopt rules to administer CDLs and CLPs in compliance with federal law on an emergency basis, with provisions taking effect upon enactment.
** Provides for qualifications and requirements for holders of a CLP, and makes them a precondition to the initial issuance or upgrade of a CDL. Permit holders are not eligible to take driver’s tests required for a CDL for 14 days after issuance of the permit, and CLPs are not valid for the operation of vehicles transporting hazardous material.
**Requires DOT to disqualify the CDL or CLP of anyone suspected or convicted of fraud related to the testing for or issuance of the license or permit, and to adopt rules governing such disqualification.
** Extends the waiver of a driving skills test if the applicant has separated from military service in the past year, except where the applicant has violated a state, local or military traffic law. [3/24: 49-0 (Schoenjahn absent)]
COMMITTEE ACTION:
HF 287 provides that anyone who manufactures, imports, installs or sells a device to replace an air bag, and who knows that the device is counterfeit, nonfunctional or unsafe, is guilty of an aggravated misdemeanor and an unlawful act of consumer fraud.
The bill also provides that anyone who manufactures, imports, installs, tampers with or sells a device that causes a vehicle’s diagnostic system to inaccurately indicate it is equipped with a functional air bag when it is not is guilty of an aggravated misdemeanor and an unlawful act of consumer fraud.
An aggravated misdemeanor is punishable by up to two years in prison and up to a $6,250 fine. The bill defines “air bag”, “counterfeit air bag” and “nonfunctional air bag”, and provides that an air bag is unsafe when it does not comply with federal safety requirements. The bill takes effect upon enactment. [3/24: 12-0 (McCoy absent)]