TRANSPORTATION-Week of Feb. 20, 2012

SF 2079 – Establishes a noise limit for mufflers

SF 2091 – Updating Move Over/Slow Down law

SSB 3165 – Used motorcycles offered for sale at rallies

COMMITTEE ACTION:

SF 2079, as amended in committee, establishes a noise limit for mufflers on motor vehicles of 95 decibels as measured in accordance with Society of Automotive Engineers standard J1169. The Department of Transportation is required to adopt rules prescribing appropriate equipment to be used for roadside testing of muffler noise. This will be the standard statewide and will preempt any county or municipal ordinances. A violation of motor vehicle muffler requirements will continue to be a simple misdemeanor punishable by a scheduled fine of $20. [2/21: short form (Ernst, Kapucian, Zaun “no”)]

SF 2091, as amended in committee, updates Iowa’s Move Over/Slow Down Law. Under current law, when the driver is approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or red and blue lights, or a stationary towing or recovery vehicle, utility maintenance vehicle, municipal maintenance vehicle, or highway maintenance vehicle that is displaying flashing yellow, amber, or red lights, the driver is required to move into a lane not adjacent to the stationary vehicle if possible. If changing lanes would be impossible, unlawful or unsafe, the driver must reduce speed to a reasonable and proper speed for the existing road and traffic conditions. The reduced speed should be less than the posted speed limit, and the driver should be prepared to stop. This bill amends the provision relating to reduced speed by specifying that if making a lane change would be impossible, prohibited by law or unsafe, the driver must reduce speed to at least 10 miles per hour below the posted speed limit and to a reasonable and proper speed for the existing road and traffic conditions, and the driver should be prepared to stop.

Under current law, a violation of the requirements to move over or slow down when approaching certain stationary vehicles is a simple misdemeanor punishable by a scheduled fine of $100. However, if the violation causes a serious personal injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.

Under the bill, a violation is still a simple misdemeanor punishable by a scheduled fine of $100, but the bill establishes a new penalty for violations causing damage to property and strengthens the penalties for violations causing injury or death of another person. Under the bill, if the violation causes damage to the property of another person, the Department of Transportation (DOT) will suspend the person’s driver’s license or operating privileges for 90 days. If the violation causes bodily injury to another person, DOT will suspend the person’s driver’s license or operating privileges for 180 days, and a court could impose an additional fine of $500. If the violation causes death, DOT will suspend the person’s driver’s license or operating privileges for one year, and a court could impose an additional fine of $1,000. The suspensions and fines are in addition to any other penalties applicable under law.

The bill also requires DOT and the Department of Public Safety to establish educational programs to promote public awareness and compliance with these new requirements. [2/21: short form]

SSB 3165 allows used motorcycles to be offered for sale at motorcycle rallies, provided the sponsor of the rally holds no more than one rally per year in this state, the rally is conducted for three to seven days, and attendance at the rally is restricted to those paying a nonrefundable admission fee.

Under the bill, a licensed motor vehicle dealer authorized to sell used motorcycles may apply for a temporary permit to display, offer for sale and negotiate sales of used motorcycles at a rally. The fee for the permit is to be established by the Department of Transportation (DOT) by rule. A temporary permit may be issued for a period of not more than seven days, and a motor vehicle dealer may not be issued more than one such permit in a calendar year.

A person licensed as a motor vehicle dealer in another state may be issued a temporary permit to display, offer for sale and negotiate sales of used motorcycles at a rally in Iowa if the dealer presents to DOT a current license valid for the sale of used motorcycles at retail in the person’s state of residence, provided that the dealer’s home state extends similar privileges to a dealer licensed in this state. A dealer from another state must furnish a surety bond that meets current requirements for motor vehicle dealer licensing.

All sales must be consummated at the motor vehicle dealer’s principal place of business.

The bill also amends the definition of “travel trailer” to exclude vehicles designed to be towed exclusively by a motorcycle. [2/21: short form]