321E.1 PERMITS BY DEPARTMENT AND LOCAL AUTHORITIES.
1. The department and local authorities may in their discretion
and upon application and with good cause being shown issue permits
for the movement of construction machinery or asphalt repavers being
temporarily moved on streets, roads, or highways and for vehicles
with indivisible loads which exceed the maximum dimensions and
weights specified in sections 321.452 through 321.466, but not to
exceed the limitations imposed in this section and sections 321E.2
through 321E.15 except as provided in section 321E.29.
2. Vehicles permitted to transport indivisible loads may do any
of the following:
a. Exceed the width and length limitations specified in
sections 321.454 and 321.457 for the purpose of picking up an
indivisible load or returning from delivery of the indivisible load.
b. Move indivisible special mobile equipment which does not
otherwise exceed the maximum dimensions and weights specified in
sections 321.452 through 321.466 if the vehicle has an overall width
not to exceed nine feet and all other conditions of the vehicle's
permit are met.
3. Permits issued may be single-trip, multi-trip, or annual
permits. Permits shall be in writing and shall be carried in the cab
of the vehicle for which the permit has been issued and shall be
available for inspection at all times. The vehicle and load for
which the permit has been issued shall be open to inspection by a
peace officer or an authorized agent of a permit granting authority.
4. When in the judgment of the issuing authority in cities and
counties the movement of a vehicle with an indivisible load or
construction machinery which exceeds the maximum dimensions and
weights will be unduly hazardous to public safety or will cause undue
damage to streets, avenues, boulevards, thoroughfares, highways,
curbs, sidewalks, trees, or other public or private property, the
permit shall be denied and the reasons for denial endorsed on the
application. Permits shall designate the days when and routes upon
which loads and construction machinery may be moved within a county
on other than primary roads.
5. Local authorities may allow persons requesting permits under
this chapter to do so by means of a telephone or facsimile machine,
authorizing payment for the permits to be made upon receipt of an
invoice sent to the persons by the local authorities. Section History: Early Form
[C31, 35, § 5067-d7, -d8; C39, § 5035.16, 5035.18, 5035.19;
C46, 50, 54, 58, 62, 66, § 321.467, 321.469, 321.470; C71, 73, 75,
77, 79, 81, § 321E.1] Section History: Recent Form
83 Acts, ch 116, § 3; 85 Acts, ch 257, §20; 94 Acts, ch 1087, §9,
10; 96 Acts, ch 1089, § 5; 96 Acts, ch 1152, § 19; 2008 Acts, ch
1124, §9
Referred to in § 321E.8, 321E.9, 321E.9A, 321E.9B
321E.2 PERMIT-ISSUING AUTHORITIES.
1. Annual, multi-trip, and single-trip permits shall be issued by
the authority responsible for the maintenance of the system of
highways or streets. However, the department may issue permits on
primary road extensions in cities in conjunction with movements on
the rural primary road system. The department may issue an
all-system permit under section 321E.8 which is valid for movements
on all highways or streets under the jurisdiction of either the state
or those local authorities which have indicated in writing to the
department those streets or highways for which an all-system permit
is not valid. The department may issue annual permits pursuant to
section 321E.8A valid only for operation on noninterstate highways in
counties stipulated in the permit.
2. At the request of a local authority, the department shall
issue annual, multi-trip, and single-trip permits that are under the
jurisdiction of the local authority. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.2] Section History: Recent Form
86 Acts, ch 1210, § 7; 94 Acts, ch 1087, §11; 96 Acts, ch 1089,
§6; 2007 Acts, ch 143, §18
Referred to in § 321E.1
321E.3 THROUGH 321E.6 Repealed by 79 Acts, ch 73, §
6.
321E.7 LOAD LIMITS PER AXLE.
1. The gross weight on any axle of any vehicle or combination of
vehicles traveling under 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, provided that the total gross weight of the
vehicle or a combination of vehicles does not exceed a maximum of one
hundred twenty-six thousand pounds; and except that a manufacturer 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 distances 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.
2. The gross weight on any one axle of any vehicle or combination
of vehicles traveling under a permit issued in accordance with this
chapter shall not exceed the maximum axle load prescribed in section
321.463; except that any one axle on a vehicle or combination of
vehicles transporting construction machinery shall be allowed a one
thousand pound weight tolerance, provided the total gross weight of
the vehicle or combination of vehicles does not exceed the gross
weight allowed by the permit.
3. Special mobile equipment, as defined in section 321.1,
subsection 75, is not subject to the requirements for distance in
feet between the extremes of any group of axles or the extreme axles
of the vehicle or combination of vehicles as required by this chapter
when being moved upon the highways if the operator has a permit
issued under this chapter.
4. Notwithstanding subsections 1 and 2, a self-propelled
implement of husbandry traveling under a permit issued pursuant to
section 321E.8A may exceed the maximum axle loads prescribed under
section 321.463 only when operated on a noninterstate highway in a
county covered under the permit, provided the weight on any one axle
does not exceed twenty-five thousand pounds, and provided the current
and valid permit is carried in the vehicle. However, a vehicle
traveling under a permit issued pursuant to section 321E.8A is not
exempt from posted weight limitations on bridges. Section History: Early Form
[C31, 35, § 5067-d7, -d8; C39, § 5035.16; C46, 50, 54, 58, 62,
66, § 321.467; C71, 73, 75, 77, 79, 81, § 321E.7] Section History: Recent Form
83 Acts, ch 116, § 4; 96 Acts, ch 1089, § 7, 8; 96 Acts, ch 1152,
§ 20; 97 Acts, ch 100, §7; 2003 Acts, ch 8, §20, 29; 2007 Acts, ch
143, §19; 2008 Acts, ch 1124, §10
Referred to in § 321.463, 321E.1, 321E.8A, 321E.9A, 321E.14
321E.8 ANNUAL PERMITS.
Subject to the discretion and judgment provided for in section
321E.1, annual permits shall be issued in accordance with the
following provisions:
1. Vehicles with indivisible loads, or manufactured or mobile
homes including appurtenances, having an overall width not to exceed
sixteen feet zero inches, an overall length not to exceed one hundred
twenty feet zero inches, an overall height not to exceed fifteen feet
five inches, and a total gross weight not to exceed eighty thousand
pounds, may be moved as follows:
a. Vehicles with indivisible loads, or manufactured or mobile
homes including appurtenances, having an overall width not to exceed
twelve feet five inches, an overall length not to exceed one hundred
twenty feet zero inches, and an overall height not to exceed thirteen
feet ten inches may be moved for unlimited distances without route
approval from the permitting authority.
b. Vehicles with indivisible loads, or manufactured or mobile
homes including appurtenances, having an overall width not to exceed
fourteen feet six inches, an overall length not to exceed one hundred
twenty feet zero inches, and an overall height not to exceed fifteen
feet five inches may be moved on the interstate highway system and
primary highways with more than one lane traveling in each direction
for unlimited distances and no more than fifty miles from the point
of origin on all other highways without route approval from the
permit issuing authority.
c. All other vehicles with indivisible loads operating under
this subsection shall obtain route approval from the permitting
authority.
d. Vehicles with indivisible loads may operate under an
all-systems permit in compliance with paragraph "a", "b", or
"c".
2. Vehicles with indivisible loads, or manufactured or mobile
homes including appurtenances, having an overall width not to exceed
thirteen feet five inches and an overall length not to exceed one
hundred twenty 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 fifteen feet five inches and the
total gross weight of the vehicle does not exceed one hundred
fifty-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. Vehicles with indivisible loads operating under the permit
provisions of this subsection may operate under the permit provisions
of subsection 1 provided the vehicle and load comply with the
limitations described in subsection 1.
3. Notwithstanding any other provision of law to the contrary,
cranes exceeding the maximum gross weight on any axle as prescribed
in section 321.463 and used in the construction of alternative energy
facilities may be moved with approval from the permit issuing
authority. Section History: Early Form
[C31, 35, § 5067-d7, -d8; C39, § 5035.16; C46, 50, 54, 58, 62,
66, § 321.467; C71, 73, 75, 77, 79, § 321E.3, 321E.8; C81, § 321E.8;
82 Acts, ch 1075, § 1] Section History: Recent Form
88 Acts, ch 1208, § 2; 91 Acts, ch 133, § 1; 92 Acts, ch 1173, §
1; 97 Acts, ch 100, §8; 97 Acts, ch 104, § 25; 99 Acts, ch 13, §20,
29; 2001 Acts, ch 32, §26, 27; 2002 Acts, ch 1063, §36, 55; 2003
Acts, ch 44, §59; 2008 Acts, ch 1124, §11, 40
Referred to in § 321.463, 321E.1, 321E.2, 321E.14, 321E.29A,
321E.31
321E.8A SELF-PROPELLED IMPLEMENT OF HUSBANDRY --
ANNUAL PERMIT.
1. A self-propelled implement of husbandry equipped with
flotation tires that is designed to be loaded and operated in the
field and used exclusively for the application of organic or
inorganic plant food materials, agricultural limestone, or
agricultural chemicals, and that, as newly manufactured, exceeds the
axle weight limits under section 321.463 when unloaded, may be
operated on noninterstate highways in a county pursuant to a permit
issued by the department for travel within the county, provided the
vehicle does not violate posted weight limitations on bridges. Prior
to issuing a permit, the department shall collect a fee of six
hundred dollars for each county in which the vehicle will be operated
during the period of the permit beginning July 1 and ending June 30,
provided that a permit shall not be issued for a vehicle for
operation in more than ten counties and the total amount of fees
collected for a vehicle for the period of the permit shall not exceed
three thousand five hundred dollars. Moneys collected by the
department on behalf of the counties in which the vehicle will be
operated shall be allotted equally to those counties and deposited in
the secondary road funds of those counties. A vehicle for which a
permit is issued under this section shall be assigned a permit number
that shall be displayed on the door of the vehicle in numbers that
contrast sharply in color with the background on which the number is
placed, be readily legible during daylight hours from a distance of
fifty feet when the vehicle is stationary, and be maintained in a
manner that retains the legibility. Only vehicles originally
purchased or ordered prior to February 1, 2007, are eligible for a
permit. New permits shall not be issued on or after July 1, 2007;
however, a permit issued for a vehicle under this section prior to
July 1, 2007, may be renewed for that vehicle annually upon payment
of the appropriate county fees.
2. A vehicle described in subsection 1 shall not be operated on a
highway without a permit issued under this section. The owner of a
vehicle that is operated in violation of section 321E.7, subsection
4, or this section is subject to a civil penalty of ten thousand
dollars, in addition to any other penalties that may apply. Section History: Recent Form
2007 Acts, ch 143, §20; 2008 Acts, ch 1124, §12
Referred to in § 321.463, 321E.1, 321E.2, 321E.7 Footnotes
Implementation of permitting process for certain self-propelled
implements of husbandry; 2007 Acts, ch 143, § 32, 35
321E.9 SINGLE-TRIP PERMITS.
Subject to the discretion and judgment provided for in section
321E.1, single-trip permits, which may include a round trip to and
from a job or delivery site, shall be issued in accordance with the
following provisions:
1. Vehicles with indivisible loads having an overall width not to
exceed forty feet, zero inches, an overall length not to exceed one
hundred twenty feet, zero inches, or a total gross weight not to
exceed one hundred thousand pounds may be moved, provided the gross
weight on any one axle shall not exceed the maximum prescribed in
section 321.463, pursuant to rules adopted pursuant to chapter 17A.
The height of the vehicles and loads shall be limited only to height
limitations of underpasses, bridges, power lines and other
established height restrictions on the specified route.
2. Vehicles with indivisible loads exceeding the width, length,
and total gross weight provided in subsection 1, may be moved in
special or emergency situations, provided the permitting authority
has reviewed the route and has approved the movement of the vehicle
and load. The issuing authority may impose any special restrictions
as deemed necessary on movements or exempt movements from the
restrictions of section 321E.11 by permit under this subsection.
3. 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 17A. Notwithstanding any other provision of law to the
contrary, cranes exceeding the maximum gross weight on any axle as
prescribed in section 321.463 and used in the construction of
alternative energy facilities may be moved with approval from the
permit issuing authority. Section History: Early Form
[C39, § 5035.18; C46, 50, 54, 58, 62, 66, § 321.469; C71, 73,
75, 77, 79, 81, § 321E.9] Section History: Recent Form
91 Acts, ch 133, §2; 94 Acts, ch 1087, §12; 96 Acts, ch 1152, §
21; 97 Acts, ch 100, §9; 97 Acts, ch 104, § 26, 27; 2008 Acts, ch
1124, §13, 40
Referred to in § 321.463, 321E.1
321E.9A MULTI-TRIP PERMITS.
Subject to the discretion and judgment provided for in section
321E.1, a multi-trip permit shall be issued for operation of
vehicles, in accordance with the following:
1. Vehicles with indivisible loads having an overall length not
to exceed one hundred twenty feet, an overall width not to exceed
sixteen feet, and of any height may be moved on highways specified by
the permitting authority, provided the gross weight on any one axle
shall not exceed the maximum prescribed in section 321.463 and the
total gross weight is not greater than one hundred fifty-six thousand
pounds.
2. Vehicles or combinations of vehicles consisting of
construction machinery not exceeding the height, length, and width
limitations of this section being temporarily moved on highways with
a maximum total gross weight limitation and a single axle weight
limitation in accordance with section 321E.7 may be moved.
3. The department shall adopt rules pursuant to chapter 17A
governing the issuance of permits under this section. Section History: Recent Form
96 Acts, ch 1089, §9; 97 Acts, ch 100, §10
Referred to in § 321E.1, 321E.14
321E.9B SPECIAL ALTERNATIVE ENERGY MULTI-TRIP
PERMIT.
Subject to the discretion and judgment provided for in section
321E.1, a multi-trip permit shall be issued for operation of vehicles
in accordance with the following provisions:
1. Vehicles with an indivisible load having an overall length not
to exceed two hundred twenty-five feet, an overall width not to
exceed sixteen feet, a height not to exceed sixteen feet, and a total
gross weight not to exceed two hundred fifty-six thousand pounds may
be moved on highways specified by the permitting authority to an
alternative energy construction site or staging area for alternative
energy transportation, provided the gross weight on any one axle
shall not exceed twenty thousand pounds.
2. The special alternative energy multi-trip permit shall not
exceed twelve months in duration.
3. The permitting authority shall have discretion to include
restrictions and require special considerations, such as
responsibility for protection or repair of the roadway and bridges,
prior to issuance of the permit. Section History: Recent Form
2008 Acts, ch 1124, §14, 40
Referred to in § 321E.1, 321E.14
321E.10 TRUCK TRAILERS MANUFACTURED IN IOWA.
The department or local authorities may upon application issue
annual trip permits for the movement of truck trailers manufactured
or assembled in this state that exceed the maximum length specified
in section 321.457 and the maximum width specified in section
321.454. Movement of the truck trailers shall be solely for the
purpose of delivery or transfer from the point of manufacture or
assembly to another point of manufacture or assembly within the state
or to a point outside the state, shall be only on roadways of twenty-
four feet or more in width or on four-lane highways, shall be on the
most direct route necessary for such movement, and shall display the
special plates designated in section 321.57. All truck trailers
under permit for such movement shall not contain freight or
additional load. A vehicle or combination of two or more vehicles
inclusive of front and rear bumpers, including towing units, involved
in the movement of truck trailers shall not exceed an overall width
of ten feet. Vehicles or combinations shall be distinctly marked on
both the front and rear of the unit in a manner the director of
transportation designates to indicate that the vehicles or
combinations are being moved for delivery or transfer purposes only.
Permits issued under the provisions of this section shall be in
writing and shall be carried in the cabs of the vehicles for which
the permits have been issued and shall be available for inspection at
all times. The vehicles for which the permits have been issued shall
be open to inspection by any peace officer or to any authorized agent
of any permit granting authority. Section History: Early Form
[C31, 35, § 5067-d7, -d8; C39, § 5035.16; C46, 50, 54, 58, 62,
66, § 321.467; C71, 73, 75, 77, 79, 81, § 321E.10] Section History: Recent Form
83 Acts, ch 116, § 5; 92 Acts, ch 1100, § 5
Referred to in § 321E.1
321E.11 DAYLIGHT MOVEMENT ONLY -- EXCEPTIONS --
HOLIDAYS.
Movements by permit in accordance with this chapter shall be
permitted only during the hours from thirty minutes prior to sunrise
to thirty minutes following sunset unless the issuing authority
determines that the movement can be better accomplished at another
period of time because of traffic volume conditions or the vehicle
subject to the permit has an overall length not to exceed one hundred
feet, an overall width not to exceed eleven feet, and an overall
height not to exceed fourteen feet, four inches, and the permit
requires the vehicle to operate only on those highways designated by
the department. Additional safety lighting and escorts may be
required for movement at night.
Except as provided in section 321.457, no movement by permit shall
be permitted on holidays, after twelve o'clock noon on days preceding
holidays and holiday weekends, or special events when abnormally high
traffic volumes can be expected. Such restrictions shall not be
applicable to urban transit systems as defined in section 321.19,
subsection 2. For the purposes of this chapter, holidays shall
include Memorial Day, Independence Day, and Labor Day. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.11] Section History: Recent Form
94 Acts, ch 1087, §13; 95 Acts, ch 67, §27; 95 Acts, ch 118, §28;
97 Acts, ch 104, §28
Referred to in § 321E.1, 321E.9
321E.12 REGISTRATION MUST BE CONSISTENT.
A vehicle traveling under permit shall be properly registered for
the gross weight of the vehicle and load. A trip permit issued
according to section 326.23 shall not be used in lieu of the
registration provided for in this section. A person owning special
mobile equipment may use a transport vehicle registered for the gross
weight of the transport without a load. Vehicles, while being used
for the transportation of buildings, except mobile homes and
factory-built structures, may be registered for the combined gross
weight of the vehicle and load on a single-trip basis. The fee is
five cents per ton exceeding the weight registered under section
321.122 per mile of travel. Fees shall not be prorated for fractions
of miles. This provision does not exempt these vehicles from any
other provision of this chapter. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.12; 82 Acts, ch 1143, § 1] Section History: Recent Form
99 Acts, ch 13, §21, 29; 2005 Acts, ch 8, §38
Referred to in § 321E.1
321E.13 FINANCIAL RESPONSIBILITY.
Prior to the issuance of any permit, the applicant for a permit
shall be required to file proof of financial responsibility or to
post a bond with the issuing authority. The amount of the bond shall
be determined by the issuing authority and shall be used as security
for repair or replacement of official signs, signals, and roadway
foundations, surfaces, or structures which may be damaged or
destroyed during the movement of a vehicle and load operating under
the permit. The duration of the bond shall be determined by the
issuing authority for a period not to exceed one year. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.13]
Referred to in § 321E.1
321E.14 FEES FOR PERMITS.
1. The department or local authorities issuing permits shall
charge a fee of twenty-five dollars for an annual permit issued under
section 321E.8, subsection 1, a fee of three hundred dollars for an
annual permit issued under section 321E.8, subsection 2, a fee of two
hundred dollars for a multi-trip permit issued under section 321E.9A,
a fee of six hundred dollars for a special alternative energy
multi-trip permit issued under section 321E.9B, 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 prorated fraction of
that fee per person and car for escort service may be charged when
requested 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 321E.15. The department and local authorities may
charge a permit applicant 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, subsection 75, operated
pursuant to section 321E.7, subsection 3, with a combined gross
weight up to and including eighty thousand pounds shall be
twenty-five dollars and for a combined gross weight exceeding eighty
thousand pounds, fifty dollars.
2. The annual fee for an all-system permit is one hundred twenty
dollars which shall be deposited in the road use tax fund. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.14] Section History: Recent Form
83 Acts, ch 116, § 6; 86 Acts, ch 1210, § 8; 87 Acts, ch 186, §11;
91 Acts, ch 133, §3; 96 Acts, ch 1089, § 10; 97 Acts, ch 23, §34; 97
Acts, ch 100, §11; 2001 Acts, ch 32, §28; 2002 Acts, ch 1063, §37;
2008 Acts, ch 1124, §15, 40
Referred to in § 321E.1
321E.15 RULES MADE AVAILABLE.
The department may adopt and make available upon request to
interested parties printed rules and regulations necessary for the
movement by permit of vehicles and indivisible loads under the
provisions of this chapter. No rule or regulation shall be adopted
without prior notice to city and county officials and without a
hearing on the proposed rule or regulation. All rules and
regulations adopted shall have due regard for the safety of the
traveling public and the protection of the highway surfaces and
structures. Rules and regulations for permit travel on the
interstate system shall be consistent with the federal requirements
for the system. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.15]
Referred to in § 321E.1, 321E.14, 321E.16
321E.16 VIOLATIONS -- PENALTIES.
A person who violates a provision of a permit issued pursuant to
this chapter or rules adopted under section 321E.15, other than a
provision relating to weight, shall be subject to a scheduled fine
under section 805.8A, subsection 12, paragraph "f". The fine for
violation of the weight allowed by a permit shall be based upon the
difference between the actual weight of the vehicle and load and the
maximum allowable by permit in accordance with section 321.463. If a
vehicle with an indivisible load traveling under permit is found to
be in violation of weight limitations, the vehicle operator shall be
allowed a reasonable amount of time to remove any ice, mud, snow, and
other weight attributable to climatic conditions accumulated along
the route prior to application of the penalties prescribed in section
321.463. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.16] Section History: Recent Form
83 Acts, ch 116, § 7; 90 Acts, ch 1099, § 1; 90 Acts, ch 1233, §
19; 96 Acts, ch 1090, § 8; 2001 Acts, ch 137, §5
Referred to in § 321E.17, 805.8A(12f)
321E.17 FIVE OR MORE VIOLATIONS.
Proof of imposition of penalties on five or more occasions for
violation of sections 321.454, 321.456, 321.457, 321.463, or 321E.16
or any combination of penalties for violation of said sections
totaling five or more incurred during any twelve-month period with
respect to the operation of one or more vehicles by any one permit
holder, whether operated personally or through agents, servants, or
employees of the permit holder shall constitute prima facie evidence
that the permit holder has willfully operated or caused to be
operated a vehicle or vehicles in violation of this chapter. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.17]
321E.18 OVERALL OPERATIONS CONSIDERED.
In any proceeding brought under this chapter, the issuing
authority shall consider evidence relating to the character and
gravity of the violations and the extent of the operations of any
vehicles by or on behalf of the permit holder upon the public
highways of this state, which did not involve any violations. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.18]
321E.19 PERMIT SUSPENDED, CHANGED, OR REVOKED.
Upon complaint by local authorities or on the department's own
initiative and after notice and hearing before one or more members of
the permit issuing body in the case of local authorities or the
department of inspections and appeals for permits issued by the state
department of transportation, permit privileges under this chapter
may be suspended, changed, or revoked in whole or in part by the
issuing authority for willful failure to comply with a provision of
this chapter, a rule adopted under this chapter, or a term,
condition, or limitation of the permit. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.19] Section History: Recent Form
83 Acts, ch 116, § 8; 89 Acts, ch 273, §2
321E.20 SUSPENSION PERIOD.
Whenever the issuing authority finds from the evidence adduced at
hearing that a permit holder has willfully operated or caused to be
operated a vehicle or vehicles in violation of this chapter, the
authority may enter an order suspending, modifying, or revoking the
permit in whole or in part at its discretion for a period not to
exceed one hundred eighty days. If the issuing authority finds in a
subsequent proceeding within twelve months from the date of the
initial suspension, modification, or revocation that a permit holder
has again willfully operated in violation of this chapter, the
issuing authority shall order suspension, modification, or revocation
of permit privileges in whole or in part for a period not to exceed
two years. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.20] Section History: Recent Form
83 Acts, ch 116, § 9
321E.21 PROCESS ON NONRESIDENTS.
Any person using and operating a vehicle over the highways of this
state who is a nonresident of this state or at the time a cause for
hearing arises under this chapter is a resident of the state but
subsequently becomes a nonresident of this state, shall be deemed to
have appointed the secretary of state of the state of Iowa to be the
person's lawful attorney. Any legal processes in any proceeding
brought against the person under this chapter shall be served on the
secretary of state. The use and operation by the person shall be
signification of the person's agreement that any such process against
the person which is so served shall be of the same legal force and
validity as though served upon the person personally. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.21]
321E.22 SERVICE OF PROCESS.
Service of such process shall be made by serving a copy upon or
filing a copy in the office of the secretary of state. The service
shall be sufficient service upon the person if notice of the service
and a copy of the process are within ten days sent by registered mail
by the department general counsel to the permit holder at the last
known address of said permit holder. An affidavit of compliance
therewith of the department general counsel shall be appended to the
summons. The issuing authority may order such continuances as may be
necessary to afford the permit holder reasonable opportunity to
defend the action. The secretary of state shall keep a record of all
such processes which shall show the day and hour of such service. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.22]
321E.23 FAILURE TO RECEIVE COPY OF PROCESS.
When a final order is entered against any permit holder who did
not receive notice of service and a copy of the process by registered
mail, the permit holder shall within six months after the entry of
the order appear before the issuing authority and file a verified
statement showing that the permit holder did not receive such notice
of service and the copy of the process. The permit holder shall
further show that the permit holder has a good and substantial
defense to the action and may appear and answer the allegations made
against the permit holder. Thereupon, the proceedings may be had as
if the permit holder had appeared in due time and no order had been
entered. If it appears at the hearing that the order ought not to
have been entered, the order may be set aside, altered, or amended as
shall appear just; otherwise it shall be ordered to stand affirmed
against such permit holder. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.23]
321E.24 WARNING DEVICE ON LONG LOADS.
Any vehicle and load which exceed the limits provided in section
321.457 and in excess of a length of seventy-five feet shall carry a
warning device clearly visible to a motorist approaching from the
rear for a distance of five hundred feet. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.24] Section History: Recent Form
83 Acts, ch 116, § 10
321E.25 USE OF HIGHWAYS OF INTERSTATE SYSTEM.
Use of the national system of interstate and defense highways
under the provisions of this chapter shall be restricted by
regulation and other appropriate action of the department in such a
manner as to not be in conflict with the applicable provisions of
section 127, Title 23, United States Code. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321E.25]
321E.26 Repealed by 97 Acts, ch 104, § 60. See §
321E.34.
321E.27 DEFINITION.
As used in this chapter, unless the context otherwise requires,
"department" means the state department of transportation. &n;Section History: Early Form
[C75, 77, 79, 81, § 321E.27]
321E.28 PERMITS FOR MANUFACTURED OR MOBILE HOMES OR
FACTORY-BUILT STRUCTURES.
The department and local authorities may, upon application and
with good cause shown, issue single-trip, multi-trip, or annual
permits for the movement of manufactured or mobile homes or
factory-built structures of widths including appurtenances exceeding
twelve feet five inches subject to the following conditions:
1. Permits shall be issued only when the movement can be safely
accomplished without causing unnecessary traffic congestion.
2. Permits issued under this section shall specify the route over
which the manufactured or mobile home or factory-built structure
shall be moved, and wherever possible, the department and local
authorities shall specify highways having a roadway at least
twenty-four feet in width.
3. Single-trip permits may be issued by the department or local
authorities contingent upon favorable road and weather conditions.
4. A permit may be issued to allow the movement of a manufactured
or mobile home or factory-built structure on a fully
controlled-access, divided, multilaned highway.
For the purposes of this section, "factory-built structure"
means a structure which is wholly or in substantial part, made,
fabricated, formed, or assembled in manufacturing facilities for
installation or assembly and installation on a building site and
which is temporarily moved on its own axles. Section History: Early Form
[C77, 79, 81, § 321E.28; 81 Acts, ch 112, § 1] Section History: Recent Form
83 Acts, ch 74, § 1; 88 Acts, ch 1208, § 3; 91 Acts, ch 133, § 4;
92 Acts, ch 1100, § 6; 96 Acts, ch 1089, § 11; 2001 Acts, ch 153,
§15; 2001 Acts, ch 176, §80
Referred to in § 321E.31
321E.29 EXCESS SIZE DIVISIBLE LOAD PERMITS.
Vehicles or a combination of vehicles with divisible loads in
excess of the width, length, or height requirements of chapter 321
may be moved on the highways of this state if the department or
issuing authority determines there is a special or emergency
situation which warrants the issuance of a special permit. The
combined gross weight or gross weight on any one axle or group of
axles may exceed the limits established in section 321.463, subject
to the limits and routes established by the issuing authority.
Permits may be issued for vehicles with divisible loads of hay, straw
or stover without a finding of special or emergency situations, if
the movement meets the requirements of this chapter. Section History: Early Form
[C79, 81, §321E.29]
Referred to in § 321E.1, 321E.14
321E.29A RAW MILK TRANSPORTERS.
The department or a local authority may issue annual permits
authorizing a raw milk transporter to transport by motor truck raw
milk to or from a milk plant, receiving station, or transfer station.
The combined gross weight or gross weight on any axle or groups of
axles of the motor truck shall not exceed the limits established
under section 321.463. The issuing authority may specify weight
limits or routes for each raw milk transporter or establish weight
limits or routes under section 321E.8. Section History: Recent Form
98 Acts, ch 1103, §1
Referred to in §321.463
321E.30 Repealed by 96 Acts, ch 1152, § 26.
321E.31 PERMIT FOR MOVING CERTAIN MANUFACTURED OR
MOBILE HOMES.
All manufactured or mobile homes moved in this state which are
registered in another state shall only be moved on the highways with
a permit issued under sections 321E.8 and 321E.28. Section History: Early Form
[82 Acts, ch 1251, § 19] Section History: Recent Form
2001 Acts, ch 153, §15; 2001 Acts, ch 176, §80
321E.32 MOVEMENT OF STRUCTURES.
The weight limits on axles used for the movement of physical
structures and buildings shall be subject to the same weight limits
which are placed on all other axles. However, when physical
structures or buildings are moved and the axles under the load are
five feet or more apart, each axle shall be considered a separate
axle in determining the axle weight limitations provided by law. Section History: Recent Form
88 Acts, ch 1208, §4
321E.33 OVERSIZE PERMIT AGREEMENT.
The director of transportation may, subject to the approval of the
transportation commission, enter into agreements on behalf of this
state with authorized representatives of other states concerning the
movement of vehicles of excess size and weight. The director of
transportation may enter into and the state department of
transportation may become a member of an agreement allowing other
states to issue permits authorizing the movement of vehicles of
excess size and weight on state primary roads, collect established
permit fees on behalf of the department, and exchange appropriate
information. The director of transportation may adopt rules pursuant
to chapter 17A to implement an agreement.
Copies of any agreement shall be filed with the secretary of the
senate and the chief clerk of the house. Section History: Recent Form
88 Acts, ch 1208, §5
321E.34 ESCORT REQUIREMENTS.
1. An operator of an escort vehicle, serving as an escort in the
movement of vehicles and loads of excess size and weight under
permits required by this chapter shall have a driver's license as
defined in section 321.1 valid for the operation of the escort
vehicle.
2. Vehicles under permit, the width of which, including any load,
exceeds that prescribed in section 321.454 but does not exceed
fourteen feet six inches including appurtenances, may be moved on
two-lane highways of this state without an escort if the highway
being traversed has a minimum lane width of twelve feet and a
sufficient shoulder width and if an amber revolving light or strobe
light is displayed on the power unit and on the rear extremity of the
vehicle or load. In addition, vehicles moving under permit,
including any load, with an overall width not exceeding sixteen feet
six inches may be moved on an interstate or four-lane highway of this
state without an escort if an amber revolving light or strobe light
is displayed on the power unit and on the rear extremity of the
vehicle or load.
3. The department shall adopt rules pursuant to chapter 17A for
all escort requirements other than those exempted in subsection 2.
The rules shall include escorting requirements for annual permits,
single-trip permits, multi-trip permits, special or emergency
situations, length, height, and weight. Section History: Recent Form
97 Acts, ch 104, §29; 98 Acts, ch 1073, §9