General Assembly: 78 (1999 Regular GA) - Chapter 108 - Implements of husbandry and other vehicles — movement restrictions — product identification numbers


Published: 1999-05-10

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179 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION CH. 108

CHAPTER 108 IMPLEMENTS OF HUSBANDRY AND OTHER VEHICLES- MOVEMENT

RESTRICTIONS- PRODUCT IDENTIFICATION NUMBERS

H.F. 651

AN ACT relating to implements of husbandry and restrictions on the movement of such implements, and other vehicles, upon the highways of this state and making penalties applicable.

Be It Enacted by the General Assembly of the State oflowa:

Section 1. Section 321.1, Code 1999, is amended by adding the following new subsections: NEW SUBSECTION. 24A. "Fence-line feeder" means a vehicle used exclusively for the

mixing and dispensing of nutrients to bovine animals at a feedlot. NEW SUBSECTION. 28A. "Grain cart" means a vehicle with a nonsteerable single or

tandem axle designed to move grain.

Sec. 2. Section 321.1, subsection 32, Code 1999, is amended to read as follows: 32. "Implement of husbandry" means e¥eFY .a vehicle whick is or special mobile eguip-

ment manufactured. designed. or reconstructed for agricultural purposes and. except for incidental uses. exclusively used, eneept as herein otherwise prO'rided, by the owner thereof in the conduct of the owner's agricultural operations. Implements "Implements of ffi:ls- bandry shall also include: husbandry" includes all-terrain vehicles operated in compliance with section 321.234A. fence-line feeders. and vehicles used exclusively for the application of organic or inorganic plant food materials. organic agricultural limestone. or agricultural chemicals. To be considered an implement of husbandry. a self-propelled implement of husbandry must be operated at speeds of thirty-five miles per hour or less. "Reconstructed" as used in this subsection means materially altered from the original construction by the removal. addition. or substitution of essential parts. new or used.

&.- Portable livestoelE loading chutes •uitkout regard to whether suck chutes are used by the owner in the conduct of the owner's agrie\:llt\:lral operations, pFO'rided that suck ek\:ltes are not \:!sed as a vehicle on the kigk,uay for the purpose of transporting property.

&. Any vehicle whick is principally designed for agrie\:llt\:lral purposes and whick is moved during daylight hours for a distance not to eneeed one hundred miles by a person in any of the follovring r.vays:

flt From a place at whick the vehicles are manufactured, fabricated, repaired, or sold to a farm site or a retail seller or from a retail seller to a farm site. ~ To a place at wkiek the vehicles are man\:lfaetured, fabricated, repaired, or sold from a

farm site or a retail seller or to a retail seller from a farm site. ~ From a place where the vehicles are housed, maintained, or stored to a farm site, retail

seller, place of repair, or marlEetplaee. f4} From a farm site, retail seller, place of repair, or marlEetplaee to a place where the

'<'Chicles are housed, maintained, or stored. ~ From one farm site to another farm site. f6t From a farm site to marlEet or from a marlEet to a farm site. For the purpose of this subsection and sections 621.686 and 621. 4a6, "farm site" means a

place or location at whick vehicles principally designed for agrie\:llt\:lral p\:lrposes are \:!sed or intended to be \:!sed in agricultural operations or for the p\:lrpose of exhibiting, demon strating, testing, or enperimenting r.vitk the 'rekieles.

e., Any semitrailer converted to a full trailer by the use of a dolly \:!sed by the ovrner in the conduct of the ovmer's agrie\:lltural operations to transport agricultural products being towed by a farm tractor prorrided the vehicle is operated in compliance with the following require meflt&:.

CH. 108 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 180

flt The tO'.viRg HRit is eqt~ipped vrith a araldag dwriee which can control the movement of and stop the vehicles. When the semitrailer is being towed at a speed of twenty miles per hoHr, the bralriag device shall be adeqHate to stop the vehicles vrithiR fifty feet from the point the bralres are applied. The semitrailer shall be eqHipped with bralres tip oR all v;heels. ~ The towing vehicle shall be eqt~ipped with a rear ·riew mirror to permit the operator a

view of the high-wa-y for a distance of at least two ht~Rdred feet to the rear. ~ The semitrailer shall be eqHipped with a tHFR signal device v;:Aich operates in con

jHnctioa with or separately from the rear taillight and shall ae plainly visible from a dis taace of one ht~adred feet.

f41 The semitrailer shall be eqt~ipped with two flashing amaer lights one on each side of the rear of the vehicle and be plainly visible for a distance of fiv:e ht~adred feet in normal St!Rlight OF at Right.

(at The semitrailer shallae operated in compliance with sections 321.123 and 321.463. Eh All terrain vehicles. ~ flt Portable taalrs, RHrse tanlrs, trailers, and bt~llr spreaders vlhlch are not self propelled

and 'Nhich have gross weights of not more than twelve tons and are Hsed for the transporta tieR of fertilizer and chemicals Hsed for farm crop production. ~ Other types of equipment than those listed in st~bparagraph (1) which are used prima

rily for the application of fertilizers and chemicals in farm fields or for farm storage. f.,. Self propelled machinery operated at speeds of less than thirty miles per hour or ma

chiaery towed by a motor vehicle or farm tractor. The machinery must be specifically designed for, or especially adapted to be capable of, incidental o·;er the road and primary off road usage. IR addition, the machinery mt~st be used mrclusiYely for the mhdag and dispensing of RHtrieats to aoviae animals fed at a feedlot, or the application of organic or inorganic plant food materials, agricultt~rallimestoae, or agricultural chemicals. HovreYer, the machinery shall not be specifically designed or intended for the transportation of Stich RHtrieats, plant food materials, agricultural limestone, or agricultural chemicals.

Notwithstanding the other pro'risioas of this subsection any A vehicle covered thereby under this subsection. if it otherwise qualifies~ may be registered as special mobile equip- ment, or operated or moved under the provisions of sections 321.57 t&through 321.63, if the person in whose name such vehicle is to be registered or to whom a special plate or plates are to be issued elects to do so and under such circumstances the provisions of this subsection shall not be applicable to such vehicle, nor shall and such vehicle shall not be required to comply with the provisions of sections 321.384 to 321.429 through 321.423, when such vehicle is moved during daylight hours, pro•rided~ however, the provisions of section 321.383 shall remain applicable to such vehicle.

Sec. 3. Section 321.1, Code 1999, is amended by adding the following new subsections: NEW SUBSECTION. 54A. "Product identification number" or the acronym PIN means a

group of unique numerical or alphabetical designations assigned to a complete fence-line feeder, grain cart, or tank wagon by the manufacturer or by the department and affixed to the vehicle, pursuant to rules adopted by the department, as a means of identifying the vehicle or the year of manufacture.

NEW SUBSECTION. 80A. "Tank wagon" means a vehicle designed to carry liquid ani- mal or human excrement.

Sec. 4. Section 321.234A, Code 1999, is amended to read as follows: 321.234A ALL-TERRAIN VEHICLES- BICYCLE SAFETY FLAG REQUIRED. All-terrain vehicles shall be operated on a highway only between sunrise and sunset and

only when the operation on the highway is incidental to the vehicle's use for agricultural purposes. A person operating an all-terrain vehicle on a highway shall have a valid driver's license and the vehicle shall be operated at speeds of less than thirty thirty-five miles per hour or less. When operated on a highway, an all-terrain vehicle shall have a bicycle safety flag which extends not less than five feet above the ground attached to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty

181 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION CH. 108

square inches, be Day-Glo in color, and shall be in lieu of the reflective equipment required by section 321.383.

Sec. 5. Section 321.383, Code 1999, is amended to read as follows: 321.383 EXCEPTIONS - SLOW VEHICLES IDENTIFIED. 1. This chapter with respect to equipment on vehicles does not apply to implements of

husbandry, road machinery, 2r bulk spreaders and other fertilizer and chemical equipment defined as special mobile equipment, road rollers, or farm traetors except as made applicable in this section. However, the movement of implements of husbandry between the retail seller and a farm purchaser or from farm site to farm site or the movement of indivisible implements of husbandry behveen the plaee of manufacture and a retail seller or farm purchaser under seetioR 621.486 on a roadway is subject to safety rules adopted by the department. The safety rules shall prohibit the movement of any power unit towing more than one implement of husbandry from the manufacturer to the retail seller, from the retail seller to the farm purchaser, or from the manufacturer to the farm purchaser.

2. When operated on a highway in this state at a speed of fhH:ey thirty-five miles per hour or less, every farm tractor, or tractor with towed equipment, self-propelled implement of husbandry, road construction or maintenance vehicle, road grader, horse-drawn vehicle, or any other vehicle principally designed for use off the highway and any such tractor, imple- ment, vehicle, or grader when manufactured for sale or sold at retail after December 31, 1971, shall be identified with a reflective device in accordance with the standards of the American society of agricultural engineers; however, this provision shall not apply to such vehicles when traveling in any escorted parade. The reflective device shall be visible from the rear. A vehicle other than those specified in this section shall not display a reflective device. On vehicles operating at speeds above fhH:ey thirty-five miles per hour, the reflective device shall be removed or hidden from view.

3. Garbage collection vehicles, when operated on the streets or highways of this state at speeds of fhH:ey thirty-five miles per hour or less, may display a reflective device that com- plies with the standards of the American society of agricultural engineers. At speeds in excess of fhH:ey thirty-five miles per hour the device shall not be visible.

Any person who violates any provision of this section shall be fined as provided in section 805.8, subsection 2, paragraph "d".

Sec. 6. Section 321.453, Code 1999, is amended to read as follows: 321.453 EXCEPTIONS. The provisions of this chapter governing size, weight, and load, and the permit require-

ments of chapter 321 E do not apply to fire apparatus,~ road maintenance equipment owned by or under lease to any state or local authority,,;.m:JQ implements of husbandry temporarily moved or moving upon a highway, implements of husbandry moved from farm site to faFm site or between the retail seller and a farm purchaser, implements of husbandry moved between aey site and the site of an agricultural enpositioR or a fair administered pursuant to ehapter 1'76 or 1'74, indiv-isible implements of husbandry temporarily moved between the plaee of manufacture and a retail seller or a farm purehaser, implements of husbandry reeeP.•ed and moved by a retail seller of implements of husbandry in exchange for a pur ehased implement, or implements of husbandry mwred for repairs, exeept OR aey part of the interstate high·.vay system except for those implements of husbandzy moved or moving on any portion of the interstate and except as provided in sections 321.463.321.471. and 321.474. A vehicle, carrying an implement of husbandry, which is exempted from the permit require- ments under this section shall be equipped with an amber flashing light under seetion 621.426, visible from the rear. If the amber flashing light is obstructed by the loaded imple- ment. the loaded implement shall also be equipped with and display an amber flashing light. The vehicle shall also be equipped with warning flags on that portion of the vehicle which protrudes into oncoming traffic, and shall only operate from thirty minutes prior to sunrise to thirty minutes following sunset. The one hundred mile distance restriction eon tained in the definition of implement of husbandry in seetioR 621.1 does not apply to this seetion.

CH. 108 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 182

Sec. 7. Section 321.463, subsection 4, Code 1999, is amended by striking the subsection and inserting in lieu thereof the following:

4. a. Self-propelled implements of husbandry used exclusively for the application of or- ganic or inorganic plant food materials, agricultural limestone, or agricultural chemicals shall be operated in compliance with this section.

b. Fence-line feeders, grain carts, and tank wagons manufactured on or after July 1, 2001, shall be operated in compliance with this section. The year of manufacture of the fence-line feeder, grain cart, or tank wagon shall be permanently made a part of the identification plate on the vehicle. An attempt to fraudulently alter or deface the year of manufacture or other product identification number on a fence-line feeder, grain cart, or tank wagon is a violation of section 321.92. Commencing July 1, 2005, all fence-line feeders, grain carts, and tank wagons shall be operated in compliance with this section. However, the weight on any single axle or any particular group of axles or the overall gross weight of the vehicle may exceed the maximum weight otherwise allowed by this chapter by twenty percent. If the vehicle exceeds the twenty percent tolerance allowed by this paragraph, the fine to be as- sessed for the violation shall be computed on the difference between the actual weight and the tolerance weight allowed under this chapter.

Sec. 8. Section 321.471, Code 1999, is amended to read as follows: 321.471 LOCAL AUTHORITIES MAY RESTRICT. 1. Local authorities with respect to a highway under their jurisdiction may by ordinance

or resolution prohibit the operation of vehicles upon the highway or impose restrictions as to the weight of vehicles to be operated upon the highway, eneept implements of h1:1sbandry as defined in section 621.1, s1:1bseetion 62 and implements of h1:1sbandry loaded on ha1:1ling 1:1nits foF tmnsporting the implements to locations foF pl:lFposes of FepaiF, for a total period of not to exceed ninety days in any one calendar year, whenever the highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or de- stroyed unless the use of vehicles on the highway is prohibited or the permissible weights reduced. The ordinance or resolution shall not apply to implements of husbandry as defined in section 321.1. implements of husbandry loaded on hauling units for transporting the implements to locations for repair. or fire apparatus and road maintenance equipment owned by or under lease to a state or local authority.*

A person who violates the provisions of the ordinance or resolution shall, upon conviction or a plea of guilty, be subject to a fine determined by dividing the difference between the actual weight and the maximum weight established by the ordinance or resolution by one hundred, and multiplying the quotient by two dollars. Local authorities may issue special permits, during periods the restrictions are in effect, to permit limited operation of vehicles upon specified routes with loads in excess of any restrictions imposed under this subsection, but not in excess of load restrictions imposed by any other provision of this chapter, and the authorities shall issue the permits upon a showing that there is a need to move to market farm produce of the type subject to rapid spoilage or loss of value or to move to any farm feeds or fuel for home heating purposes.

2. a. Upon a finding that a bridge or culvert does not meet established standards set forth by state and federal authorities, local authorities may by ordinance or resolution impose limitations for an indefinite period of time on the weight of vehicles upon bridges or culverts located on highways under their sole jurisdiction. The limitations shall be effective when signs giving notice of the limitations are erected. The ordinance or resolution shall not apply to implements of h1:1sbandry as defined in section 621.1, s1:1bseetion 62 OF to imple- ments of husbandry loaded on hauling units for transporting the implements to locations for purposes of repair or to fire apparatus or road maintenance equipment owned by or under lease to any state or local authority.**

b. A person who violates the ordinance or resolution shall, upon conviction or a guilty plea, be subject to a fine determined by dividing the difference between the actual weight of

• See chapter 208, §52 herein •• See chapter 208, §53 herein

183 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION CH. 108

the vehicle and the maximum weight allowed by the ordinance or resolution by one hundred and multiplying the quotient by two dollars. Local authorities may issue or approve special permits allowing the operation over a bridge or culvert of vehicles with weights in excess of restrictions imposed under the ordinance or resolution, but not in excess of load restrictions imposed by any other provision of this chapter. The local authority shall issue such a permit for not to exceed eight weeks upon a showing of agricultural hardship. The operator of a vehicle which is the subject of a permit issued under this paragraph shall carry the permit while operating the vehicle and shall show the permit to any peace officer upon request.

Sec. 9. Section 321.474, unnumbered paragraph 1, Code 1999, is amended to read as follows:

The department shall have authority. as granted to local authorities. to determine by resolution and to impose restrictions as to the weight of vehicles, except faFm tmetoFs imple- ments of husbandry as defined in section 321.1, subseetion 24 implements of husbandry loaded on hauling units for transporting the implements to locations for repair. and fire apparatus and road maintenance equipment owned by or under lease to any state or local authority,* operated upon any highway under the jurisdiction of the department and the for a definite period of time not to exceed twelve months. The restrictions shall be effective when signs giving notice of the restrictions and the expiration date of the restrictions are erected upon the affected highway or portion of any highway affeeted by the Fesolution. Resolutions imposing FestFietioas uadeF seetioA 321.473 shall be foF a definite peFiod of time aot to eJweed twelve moaths. The enpiFatioA date of the Fesolutioa shall appeaF on all sigas posted as FequiFed by this seetion.

Upon a finding that a bridge or culvert does not meet established standards set forth by state and federal authorities. the department may impose. by resolution. restrictions for an indefinite period of time on the weight of vehicles operated upon bridges or culverts located on highways under its jurisdiction. The restrictions shall be effective when signs giving notice of the restrictions are erected. The restrictions shall not apply to implements of husbandry loaded on hauling units for transporting the implements to locations for pur- poses of repair or to fire apparatus or road maintenance equipment owned by or under lease to any state or local authority.**

Sec. 10. Section 321.474, unnumbered paragraph 3, Code 1999, is amended to read as follows:

Any person who violates a pFOvisioA of the restriction imposed by resolution pursuant to this section, upon conviction or a plea of guilty, is subject to a fine determined by dividing the difference between the actual weight of the vehicle and the maximum weight established by the Fesolution allowed by the restriction by one hundred, and multiplying the quotient by two dollars. The department may issue special permits, during periods the restrictions are in effect, to permit limited operation of vehicles upon specified routes with loads in excess of any restrictions imposed under this section, but not in excess of load restrictions imposed by this chapter. The department shall issue a special permit for not to exceed eight weeks upon a showing of agricultural hardship. The department shall issue special permits iA aeeoF danee with the foFegoing to trucks moving farm produce, which decays or loses its value if not speedily put to its intended use, to market upon a showing to the department that there is a requirement for trucking the produce, or to trucks moving any farm feeds or fuel neces- sary for home heating purposes. The operator of a vehicle which is the subject of a permit issued under this paragraph shall carry the permit while operating the vehicle and shall show the permit to any peace officer upon request.

Sec. 11. Section 714.8, subsection 11, Code 1999, is amended to read as follows: 11. Removes, defaces, covers, alters, or destroys any component part number as defined in

section 321.1, subseetion 14, OF vehicle identification number as defined in section 321.1,

• See chapter 208, §54 herein •• See chapter 208, §55 herein

CH. 108 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 184

s1::1aseetioa 91, or product identification number as defined in section 321.1. for the purpose of concealing or misrepresenting the identity or year of manufacture of the component part or vehicle.

Sec. 12. IMPLEMENTS OF HUSBANDRY STUDY. The state department of transporta- tion shall, in consultation with manufacturers and distributors of implements of husbandry, agricultural associations, and the Iowa state association of counties, study tracked vehicles, the use of flotation tires, and the fine and legal axle weight schedules applicable to grain carts, tank wagons, and fence-line feeders operated on public roadways. The department shall report its findings and recommendations to the general assembly by January 1, 2000.

Approved May 10, 1999

CHAPTER 109 IOWA EGG COUNCIL- MEMBERSHIP AND ADMINISTRATION

H.F. 721

AN ACT relating to the Iowa egg council by providing for its administration and membership, and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 184.7, subsections 1 and 2, Code 1999, are amended to read as follows: 1. A person shall serve as a member on the council for a term of three years. A person may

serve as a member on the council for more than one term. However, if a person setves for two complete eoasec1::1tive terms, the person m1::1st wait at least twelve months prior to serving another term.

2. The council shall elect a chairperson, and other officers as needed, from among its voting members who shall serve for a one year term, and may ae reelected to serve s1::1ase EJ:I::lCRt terms according to proced1::1res adopted ay the co1::1ncil.

Sec. 2. Section 184.10, unnumbered paragraph 1, Code 1999, is amended to read as follows:

The Iowa egg council may 6e--all perform any function related to the production and marketing of eggs or egg products. including but not limited to doing any of the following:

Sec. 3. Section 184.10, Code 1999, is amended by adding the following new subsections: NEW SUBSECTION. 6. Become a dues-paying member of an organization carrying out a

purpose related to the increased consumption and utilization of eggs or egg products. NEW SUBSECTION. 7. Fund research and education programs directed toward better

and more efficient production, marketing, and utilization of eggs and egg products.

Sec. 4. Section 184.11, subsections 1 and 2, Code 1999, are amended by striking the subsections.

Sec. 5. Section 184.11, subsections 3 and 4, Code 1999, are amended by striking the subsections and inserting in lieu thereof the following:

3. Execute a contract or act as an agent of a person who executes a contract for any of the following: