General Assembly: 77 (1997 Regular GA) - Chapter 100 - Trucks and other large motor vehicles


Published: 1997-05-01

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CH.I00 LAWS OF THE SEVENlY-SEVENTH G.A., 1997 SESSION

CHAPTER 100 TRUCKS AND OTHER LARGE MOTOR VEHICLES

H.F.416

144

AN ACT relating to regulation of trucks and certain other large motor vehicles, including maximum vehicle weights, defining terms, providing effective dates, and making penalties applicable.

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

Section 1. Section 321.1, Code 1997, is amended by adding the following new subsec- tions:

NEW SUBSECTION. 15A "Crane" means a machine for raising, shifting, and lowering heavy weights by means of a projecting swinging arm.

NEW SUBSECTION. 63A "Retractable axle" means an axle designed with the capabil- ity of manipulation or adjustment of the weight on the axle.

Sec. 2. Section 321.440, subsection 7, Code 1997, is amended to read as follows: 7. Been regrooved or recut below the original tread design depth, excepting special tires

which have extra under tread rubber and are identified as such, or if a pneumatic tire was originally designed without grooves or tread, the safety staBdaF6s theFefeF shall he estah lished hy the diFeetoF.

Sec. 3. Section 321.440, Code 1997, is amended by adding the following new unnum- bered paragraph after subsection 7:

NEW UNNUMBERED PARAGRAPH. A vehicle, except an implement of husbandry, equipped with either solid rubber or pneumatic tires shall not be operated where the weight per inch of tire width is greater than five hundred seventy-five pounds per inch of tire width based on the tire width rating, except on a steering axle, in which case six hundred pounds per inch of tire width is permitted based on the tire width rating.

Sec. 4. Section 321.456, Code 1997, is amended to read as follows: 321.456 HEIGHT OF VEHICLES -PERMITS -EXEMPTION. A vehicle unladen or with load shall not exceed a height of thirteen feet, six inches,

except by permit as provided in this section. However, a vehicle or combination of ve- hicles coupled together used exclusively for the transportation of passenger vehicles, light delivery trucks, panel delivery trucks, pickup trucks, or recreational vehicle chassis may operate without a permit provided that the height of the vehicle or vehicles coupled to- gether does not exceed fourteen feet. This section shall not be construed to require any railroad or public authorities to provide sufficient vertical clearance to permit the opera- tion of such vehicle upon the highways of this state. Any damage to highways, highway or railroad structures or underpasses caused by the height of any vehicle provided for by this section shall be borne by the operator or owner of the vehicle. Vehicles unladen or with load exceeding a height of thirteen feet, six inches but not exceeding fourteen feet may be operated with a permit issued by the department or jurisdictional local authorities. The permits shall be issued annually for a fee of twenty-five dollars and subject to rules adopted by the department. The state or a political subdivision shall not be liable for damage to any vehicle or its cargo if changes in vertical clearance of a structure are made subsequent to the issuance of a permit during the term of the permit.

Sec. 5. Section 321.463, Code 1997, is amended to read as follows: 321.463 MAXIMUM GROSS WEIGHT - EXCEPTIONS - PENALTIES. 1.:. An axle may be divided into two or more parts, except that all parts in the same verti-

cal transverse plane shall be considered as one axle. 2. The gross weight on anyone axle of a vehicle, or of a combination of vehicles, operated

145 LAWS OF THE SEVENlY-SEVENTH G.A., 1997 SESSION CH.I00

on the highways of this state, shall not exceed twenty thousand pounds on an axle equipped with pneumatic tires, and shall not exceed fourteen thousand pounds on an axle equipped with solid rubber tires. The gross weight on any tandem axle of a vehicle, or any combina- tion of vehicles, shall not exceed thirty-four thousand pounds on an axle equipped with pneumatic tires. This subsection does not apply to implements of husbandlY.

3. Notwithstanding other provisions of this chapter to the contrary, indivisible loads operating under the permit requirements of sections 321E.7, 321E.8, and 321E.9 shall be allowed a maximum of twenty thousand pounds per axle.

l\. gFeHIJ ef twe er mere eeftseeati'+'e mes ef aftY yelliele er eembiftatieft ef '+~meles, sllall ftet earry a lead ift IJeHftds in eHeess ef the everall gt'ess weight deteFlBifted sy ElJJIJlieatieft ef tile fell&"lrAlg feFIBHla: W e~als 699 (LN/N 1 I 12N I 38). W e~als tile el,JeRH gFess 'Neight eft aBy gFeHp ef twa er mere eeftseeHtir;e axles te tile ftearest fi.ve ftHftdred IJeHftds, L e~als tile distaftee ift feet, reuaded te tile ftearest 'Nllele feet, SeRVeeft tile eHtFeme af aftY gFeHIJ ef Rve er mere eeftseeati'+'e MIles, aftd N eEtHals tile ftHmser ef HIes in tile gFeHp Hftder eeftsideRtieft. The feHewmg are eeeIJtiefts te ElIJIJlieatieft ef tile feFIBHla:

h Twe eeftseeHti',Je sets ef taftdem axles may earry a gFess lead ef tIlirty feHr tIleasElftd IJeHftds eaell IJre'JidiBg tile &".~raH ElistElftee setweeft tile first Elftdlast HIes at tile eeRseea tiYe sets ef taRdem HIes is thiFty six feet er mere.

a.. Oft highways Ret IJaFt ef the iRterstate system, a r;ehiele er eemsiBatieft ef ·.~hieles haviRg:

a. Fear axles where tile eHtFeme axles are eighteeR feet aIJaFt may eaFFY a gFess lead ef fifty tIlree theasaftd IJeHftEis. ~ FYle axles ., .. here the eHtFeme MIles are tlHRy R',Je feet ElIJaFt may earry a gFess lead ef

sixty SeyeR theHsaftd Wle ftHRdred IJeHftds. e: Six er mere mes where tile eHtFeme HIes are feFty eRe feet ElIJaFt may e&rry a gFess

lead ef SeyeRty eight theHsaRd IJaHftds. Fer every feet ef ElistaRee setweeft eHtreme 8:cJEles less thaR the as&"le aHie SIJaeiRgs, tile eyeraH gFess weight ef the '+'emele er eemsiBatieR ef ·.~meles shall se deteRRiRed By deooetiRg efte tIleasaRd IJeHftds frem tile gFess leads sIJeei fled in IJaragFaIJhs "a", "s" Elftd f4e". AY. meaSHremeftts setweeft eHtFeme aHies shaH se reHRded te tile Rearest whele feet.

The maHlmHm gFess weight shaH Ret eHeeed eighty tIleasaftd IJeHftds. 4. a. The maximum gross weight allowed to be carried on a vehicle or combination of

vehicles on highways which are part of the interstate system is as follows:

Distance in feet

4 5 6 7 8 8'1" 9

10 11 12 13 14 15 16 17 18 19

2 Axles 34.000 34,000 34,000 34,000 34,000 38,000 39,000 40,000

MAXIMUM GROSS WEIGHT TABLE INTERSTATE HIGHWAYS

3 Axles 4 Axles 5 Axles 6 Axles

34,000 34,000 42,000 42,500 43,500 48,500 44,000 49,500 45,000 50,000 45,500 50,500 56,000 46,500 51,500 57,000 47,000 52,000 57,500 48,000 52,500 58,000 48,500 53,500 58,500 64,000 49,500 54,000 59,000 65,000 50,000 54,500 60,000 65,500

7 Axles

CH.100 LAWS OF THE SEVENTY-SEVENTH G.A., 1997 SESSION 146

20 51.000 55,500 60,500 66,000 71.500 21 51.500 56.000 61.000 66,500 72,500 22 52,500 56,500 61.500 67,000 73,000 23 53.000 57,500 62,500 68,000 73,500 24 54,000 58,000 63,000 68,500 74,000 25 54,500 58,500 63,500 69,000 74,500 26 55,500 59,500 64,000 69,500 75,000 27 56,000 60,000 65,000 70,000 76,000 28 57,000 60,500 65,500 71.000 76,500 29 57,500 61.500 66,000 71.500 77,000 30 58,500 62,000 66,500 72,000 77,500 31 59,000 62,500 67,500 72,500 78,000 32 60,000 63,500 68,000 73,000 78,500 33 64,000 68,500 74,000 79,500 34 64,500 69,500 74,500 80,000 35 65,500 70,000 75,000 36 68,000 70,500 75,500 37 68,000 71.000 76,000 38 68,000 72,000 77,000 39 68,000 72,500 77,500

73,000 78,000 41 69,500 73,500 78,500 42 70,000 74,000 79,000 43 70,500 75,000 80,000 44 71.500 75,500 45 72,000 76,000

76,500 fl 73~OO 77,500 48 74,000 78,000 49 74,500 78,500 50 75,500 79,000 51 76,000 80,000 52 76,500 53 77,500 54 78,000 55 78,500 56 79,500 57 80.000 b. The maximum gross weight allowed to be carried on a vehicle or combination of

vehicles on noninterstate highways is as follows:

Distance in feet

4 5 6 7 8 8'1" 9 10 11 12

2 Axles 34.000 34,000 34.000 34,000 34,000 38.000 39,000 40,000

NONINTERSTATE HIGHWAYS MAXIMUM GROSS WEIGHT TABLE

3 Axles 4 Axles 5 Axles 6 Axles

34,000 34.000 42,000 42,500 43,500 45,000 44,000 46,000 45,000 47,000

7 Axles

147 LAWS OF THE SEVENTY-SEVENTH G.A., 1997 SESSION CH.I00

13 45,500 48,000 48,500 14 46,500 49,000 49,500 15 47,000 50,000 50,500 16 48,000 51.000 51.500 17 48,500 52,000 52,500 54,000 18 49,500 53,000 53,500 55,000 19 50,000 54,500 54,500 56,000 20 51.000 55,500 55,500 57,000 21 51.500 56,000 56,500 58,000 22 52,500 56,500 57,500 59,000 23 53,000 57,500 58,500 60,000 24 54,000 58,000 59,500 61.000 25 54.500 58,500 60,500 62,000 26 55,500 59,500 61.500 63,000 27 56,000 60,000 62,500 64,000 28 57,000 60,500 63,500 65,000 29 57,500 61.500 64,500 66,000 30 58,500 62,000 65,500 67,000 31 59,000 62,500 66,500 68,000 32 60,000 63,500 67,500 69,000 33 64,000 68,500 70,000 34 64,500 69,500 71.000 35 65,500 70,000 72,000 36 68,000 70,500 73,000 37 68,000 71.000 74,000 38 68,000 72,000 75,000 39 68,000 72,500 76,000 40 68,500 73,000 77,000 41 69,500 73,500 78,000 78,000 42 70,000 74.000 79,000 79,000 43 70,500 75,000 80,000 80,000 44 71.500 75,500 45 72,000 76,000 46 72,500 76,500 47 73,500 77.500 48 74,000 78,000 49 74,500 78,500 50 75,500 79,000 51 76,000 80,000 52 76.500 53 77,500 54 78,000 55 78,500 56 79,500 57 80,000 £:. The maximum gross weight allowed to be carried on a livestock or construction ve-

hicle on noninterstate highways is as follows:

Distance in feet

44 45

NONINTERSTATE HIGHWAYS MAXIMUM GROSS WEIGHT TABLE

LIVESTOCK OR CONSTRUCTION VEHICLE

6 Axles 80,500 81.000

7 Axles 80.500 81.500

CH.I00 LAWS OF THE SEVENlY-SEVENTH G.A., 1997 SESSION 148

46 81.500 82.500 47 82.000 83.500 48 83.000 84.000 49 83.500 85.000 50 84.000 86.000 51 84.500 87.000 52 85.000 88.000 53 86.000 88.500 54 86.500 89.500 ~ ~@ moo 56 87.500 91.500 57 88.000 92.000 58 89.000 93.000 59 89.500 94.000 60 90.000 95.000 61 95.500 62 96.000 5. The weight on anyone axle, including a tandem axle, of a vehicle which is transport-

ing livestock on highways not part of the interstate system may exceed the legal maximum weight given in this chapter providing that the gross weight on any particular group of axles on such vehicle does not exceed the gross weight allowable under this chapter for such groups of axles.

6. In addition, the weight on anyone axle, including a tandem axle, of a vehicle which is transporting raw materials from a designated borrow site to a construction project or trans- porting raw materials from a construction project, may exceed the legal maximum weight otherwise allowed under this chapter by ten percent if the gross weight on any particular group of axles on the vehicle does not exceed the gross weight allowed under this chapter for that group of axles. However, if the vehicle exceeds the ten percent tolerance allowed for anyone axle or tandem axle under this paragraph the fine to be assessed for the axle or tandem axle shall be computed on the difference between the actual weight and the ten percent tolerance weight allowed for the axle or tandem axle under this paragraph. This paragraph applies only to vehicles operating along a route of travel approved by the de- partment.

7. A vehicle or combination of vehicles transporting materials to or from a construction project or commercial plant site shaD eemply with tile femulla aRdeF this seetieR v.rbieh is ased feF tFa .... el eR higW.vays that aFe paR ef the iRteFState system. This paFagt"aph applies eBly te a .... ehiele eF eemhiBatieR ef ¥ehieles epeFatiRg along a route of travel approved by the department or appropriate local authority shall comply with subsection 4. paragraph

8. A vehicle designed to tow wrecked or disabled vehicles shall be exempt from the weight limitations in this section while the vehicle is towing a wrecked or disabled vehicle.

9. a. A person who operates a vehicle in violation of the provisions of this section, and an owner, or any other person, employing or otherwise directing the operator of a vehicle, who requires or knowingly permits the operation of a vehicle in violation of the provisions of this section shall be fined according to the following schedule:

AXLE, TANDEM AXLE, AND GROUP OF AXLES WEIGHT VIOLATIONS

Pounds Overloaded Up to and including 1,000 pounds Over 1,000 pounds to and including

2,000 pounds Over 2,000 pounds to and including

3,000 pounds

Amount of Fine $10 plus one-half cent per pound

$15 plus one-half cent per pound

$80 plus three cents per pound

149 LAWS OF THE SEVENTY-SEVENTH G.A., 1997 SESSION CH.100

Over 3,000 pounds to and including 4,000 pounds $100 plus four cents per pound

Over 4,000 pounds to and including 5,000 pounds $150 plus five cents per pound

Over 5,000 pounds to and including 6,000 pounds $200 plus seven cents per pound

Over 6,000 pounds $200 plus ten cents per pound b. Fines for gross weight violations for vehicles or combinations of vehicles shall be

assessed at one-half of the fine rate schedule for axle, tandem axle, and groups of axles weight violations. ~ Except as otherwise provided, the amount of the fine to be assessed shall be com-

puted on the difference between the actual weight and the maximum legal weight speci- fied in this section by applying the appropriate rate in the preceding schedule for the total amount of overload.

d. The schedule of fines may be assessed in addition to any other penalties provided for in this chapter.

10. Overloads on axles and tandem axles and overloads on groups of axles or on an entire vehicle or combination of vehicles shall be considered as separate violations of the provisions of this section.

l.L A person who issues or executes, or causes to be issued or executed, a bill of lading, manifest, or shipping document of any kind which states a false weight of the cargo set forth on such bill, manifest, or document, which is less than the actual weight of the cargo, shall, upon conviction, be guilty of a simple misdemeanor.

Sec. 6. NEW SECTION. 321.467 RETRACTABLE AXLES. A vehicle which is a model year 1999 or later vehicle shall not operate on a highway of

this state with a retractable axle unless the weight on the retractable axle can only be adjusted by means of a manual device located on the vehicle that is not accessible to the operator of the vehicle during operation of the vehicle. However, the controls for raising and lowering the retractable axle may be accessible to the operator of the vehicle while the vehicle is in operation.

Sec. 7. Section 321E.7, subsection 1, Code 1997, is amended to read as follows: 1. The gross weight on any axle of any vehicle or combination of vehicles traveling un-

der a permit issued in accordance with the provisions of this chapter shall not exceed the maximum axle load prescribed in section 321.463; except that, cranes being temporarily moved on streets. roads. or highways may have a gross weight of twenty-four thousand pounds on any single axle: and construction machinery being temporarily moved on streets, roads, or highways may have a gross weight of thirty-six thousand pounds on any single axle equipped with a minimum size twenty-six point five-inch by twenty-five-inch flotation pneumatic tires and a maximum gross weight of twenty thousand pounds on any single axle equipped with minimum size eighteen-inch by twenty-five-inch flotation pneumatic tires, with the department authorized to adopt rules to permit the use of tire sizes and weights within the minimum and maximum specifications provided in this section, pro- vided that the total gross weight of the vehicle or a combination of vehicles does not ex- ceed a maximum of one hundred twenty-six thousand pounds; and except that a manufac- turer of machinery or equipment manufactured or assembled in Iowa may be granted a permit for the movement of such machinery or equipment mounted on pneumatic tires with axle loads exceeding the maximum axle load prescribed in section 321.463 for dis- tances not to exceed twenty-five miles at a speed not greater than twenty miles per hour. The movement of such machinery or equipment shall be over a specified route between the place of assembly or manufacture and a storage area, shipping point, proving ground, experimental area, weighing station, or another manufacturing plant.

Sec. 8. Section 321 E.8, Code 1997, is amended by adding the following new subsection:

CH.I00 LAWS OF THE SEVENlY-SEVENTH G.A., 1997 SESSION 150

NEW SUBSECTION. lA. Vehicles with indivisible loads having an overall width not to exceed twelve feet five inches or mobile homes, including appurtenances, having an over- all width not to exceed twelve feet five inches and an overall length not to exceed one hundred feet zero inches may be moved on highways specified by the permitting authority for unlimited distances if the height of the vehicle and load does not exceed fourteen feet zero inches and the total gross weight of the vehicle does not exceed one hundred thirty-six thousand pounds. The vehicle owner or operator shall verify with the permitting authority prior to movement of the load that highway conditions have not changed so as to prohibit movement of the vehicle. Any cost to repair damage to highways or highway structures shall be borne by the owner or operator of the vehicle causing the damage. Permitted vehicles under this subsection shall not be allowed to travel on any portion of the interstate highway system.

Sec. 9. Section 321E.9, Code 1997, is amended by adding the following new subsection: NEW SUBSECTION. 4. Cranes, exceeding the maximum gross weight on any axle as

prescribed in section 321.463, but not exceeding twenty-four thousand pounds, may be moved in accordance with rules adopted pursuant to chapter 17 A.

Sec. 10. Section 321E.9A, subsection 1, Code 1997, is amended to read as follows: 1. Vehicles with indivisible loads having an overall length not to exceed one hundred

twenty feet, an overall width not to exceed eIeYeB sixteen feet, and 8B &vel'8l1 of any height Bet te eJleeed letH'teeB feet, leaF iBehes, may be moved on highways specified by the per- mitting authority, provided the gross weight on anyone axle shall not exceed the maxi- mum prescribed in section 321.463 and the total grOSS weight is not greater than one hun- dred fifty-six thousand pounds.

Sec. 11. Section 321 E.14, unnumbered paragraph I, Code 1997, is amended to read as follows:

The department or local authorities issuing permits shall charge a fee of twenty-five dollars for an annual permit issued under section 32IE.8. subsection 1. 2. or 3, a fee of eRe three hundred dollars for an annual permit issued under section 32IE.8. subsection IA. a fee of two hundred dollars for a multi-trip permit, and a fee of ten dollars for a single-trip permit, and shall determine charges for special permits issued pursuant to section 321E.29 by rules adopted pursuant to chapter 17A. Fees for the movement of buildings, parts of buildings, or unusual vehicles or loads may be increased to cover the costs of inspections by the issuing authority. A fee not to exceed two hundred fifty dollars per day or a pro- rated fraction of that fee per person and car for escort service may be charged when re- quested or when required under this chapter. Proration of escort fees between state and local authorities when more than one governmental authority provides or is required to provide escort for a movement during the period of a day shall be determined by rule under section 32IE.15. The department and local authorities may charge a permit appli- cant for the cost of trimming trees and removal and replacement of natural obstructions or official signs and signals or other public or private property required to be removed during the movement of a vehicle and load. In addition to the fees provided in this section, the annual fee for a permit for special mobile equipment, as defined in section 321.1, subsec- tion 75, operated pursuant to section 321E.7, subsection 2, with a combined gross weight up to and including eighty thousand pounds shall be twenty-five dollars and for a com- bined gross weight exceeding eighty thousand pounds, fifty dollars.

Sec. 12. EFFECTIVE DATES. 1. Section 3 of this Act takes effect July I, 1999. 2. The maximum gross vehicle weight provisions in section 321.463, subsection 4, para-

graph "c", take effect for vehicles operating on the primary road system on July I, 1997, and take effect for vehicles operating on the urban and secondary road system on Decem- ber 31, 1998. However, prior to December 31, 1998, routes of travel on the urban and

151 LAWS OF THE SEVENTY-SEVENTH G.A., 1997 SESSION CH.I02

secondary system by vehicles weighing ninety-six thousand pounds may be approved by local authorities.

Approved May 1, 1997

CHAPTER 101 REPOSITORY FOR UCENSING, REGISTRY, AND CRIMINAL

HISTORY INFORMATION H.F.439

AN ACf relating to the development of a repository for criminal history, abuse and sex offender registries, and nurse aide and other health profession certification and licensing information.

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

Section 1. SINGLE CONTACT REPOSITORY. 1. The department of inspections and appeals shall lead a joint effort with the depart-

ments of human services, public health, elder affairs, and public safety to plan the develop- ment of a single contact repository to permit employers, political subdivisions, and state agencies to obtain the following information with one contact:

a. Health professional licensing. b. Nurse aide registry. c. Child abuse registry. d. Dependent adult abuse registry. e. Criminal history data. f. Sex offender registry. 2. The department of inspections and appeals, in cooperation with the other depart-

ments listed in subsection 1, shall report to the general assembly on or before January 15, 1998, concerning progress in planning for the development of the repository. The report shall address any statutory changes and funding necessary for implementation of the re- pository, accessibility requirements, and a proposed implementation schedule.

Approved May 1, 1997

CHAPTER 102 ELECTION OF MAYORS IN CERTAIN CITIES

H.F.680

AN ACf relating to election of mayors in certain cities and providing an immediate effective date.

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

Section 1. MAYORS - STAGGERED TERMS FOR 1997 AND 1999 CITY ELEC- TIONS. Any city which has changed the term of council members or mayor under section