Effective 7-1-07

Iowa House File 793 – HF 793

The Iowa Legislature addressed the issue of overweight floaters this session in the Transportation Omnibus bill.  The Governor has signed HF 793.  New regulations become effective July 1, 2007 and apply to commercial owner/operators and farmer producers.

The key provisions of the bill are as follows:

Current regulations that apply to all floater implements –

• All implements will observe a 35 mph speed limit on roadways; (this is current law)

• Operators must continue to comply with all existing bridge embargos and posted bridges when equipment exceeds posted weight limits;

• Equipment manufacturers state that implements are to be run laden only in the field

The following new regulations apply only to implements that exceeds 20,000# per axle as “newly manufactured” defined as it comes “new from the factory“.

• Implements that “as newly manufactured” exceed 20,000#/axle may be operated on non-interstate highways in a county, provided the implement is permitted for that county; These implements cannot be legally operated over ANY BRIDGE, even if it is not embargoed.

• An annual fee of $600/per implement/per county not to exceed $3,500/per implement will be paid, with collected fees going to the secondary road fund of the designated county (see attached Permit Application or the Application is available at:

• Each implement can be permitted in no more than 10 counties;

• No implement weighing over 25,000 pounds may operate;

• Only implements purchased or ordered prior to February 1, 2007 may be permitted;

• No new permits will be issued after July 1, 2007; however, subsequent owners of a previously permitted implement are eligible for permits annually;

• Implements subject to this law that are not permitted are thus in violation and are subject to civil penalties of $10,000 in addition to any other penalties that may apply;

• No implements traveling on the roadway may exceed 20,000 pounds unless permitted

Iowa Department of Transportation Contact:

Bruce Schuck Bruce.Schuck@dot.iowa.gov (515) 237-3270

1.  What types of implements are covered?

A.  Self propelled implements of husbandry equipped with flotation tires used exclusively to apply plant food materials, agricultural limestone, or agricultural chemicals.  The law ONLY applies to “newly manufactured” implements made or ordered before February 1, 2007 that exceed legal axle weight limits as manufactured.

2.  What is the legally allowed weight under the new law?

A With a permit, the implement may carry up to 25,000 pounds on any one axle.

3. Where can the implements travel?

A.  With a permit, the implement may travel in up to 10 counties; HOWEVER, the new law PROHIBITS the implement from crossing any bridge, even if that bridge is not embargoed.

4.  How do I get a permit and what does it cost?

A.  Permits will be issued by the DOT Office of Motor Carrier Services and must be carried in the vehicle.  Applications are due prior to July 1, 2007.  Permits are good for travel in up to 10 counties; the fee is $600 each for the first 5 counties.  If you intend to operate in 10 counties, the law caps the fee at $3,500. Implements subject to permitting (those that exceed the 20,000/pound axel weight) that are not registered are in violation of the law and subject to a $10,000 fine.

5.   Is MVE going to target these implements?

A. No, operators of implements will not be targeted; the law will be enforced just as all other laws are; if you are in violation you may be ticketed.

6.  Does Iowa law address the speed limit for implements?

A.  The law provides that it is a scheduled violation for said implement to be operated on a public highway in excess of 35 miles per hour.

7.  Is a slow moving vehicle sign required?

A.  Yes, a slow moving vehicle sign is currently required for all implements since they are implements of husbandry limited to a speed of  35 mph or less by definition.

8.  Is there a difference for laden and un-laden?

A.  No.  There is no mention in the legislation regarding laden or un-laden.  The axle and gross weight limits would apply for non-permitted implements (20,000 lbs per axle max) and permitted implements (25,000 lbs per axle max).

9. What is the definition of a ‘TAG’ Axle?  (Manufacturers are working on a TAG axel)

A. A retractable axle ( Tag Axle ) is an axle that can be raised or lowered to help with weight distribution as necessary.   To be counted in a group of axles, other than a tandem, the retractable axle must carry at least as much weight as it increases the weight allowed on the group axles involved.  The retractable axle would still count as an axle for determining gross weight even though it may not have met the Enforcement Policy for a particular group.  There is also some requirements for the control valves of these axles they are found in Iowa Code 321.467 which says, 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.

Overweight “Floater” Equipment – Update
TO: All owners of “Self Propelled Implements of Husbandry” primarily known as floaters
RE: Equipment exceeding 20,000# per/axel weight is currently in violation of Iowa law

Action Requested:
• Contact Representatives (Iowa House) in your trade area and discuss the impact this will have on your operations.
• Ask them to exclude the fees associated with the bill and to support an amendment that will do that on HF 335
• Contact Senators and ask the same be done on SSB 1137.
• Your legislator can be found at: www.agribiz.org

HF 335 continues to sit in House Ways & Means Subcommittee. The bill should be on the agenda for debate in committee this week. (March 5 – 9). Following passage in committee where no amendments are expected (at this time) the bill should come out of that committee and go directly to the floor of the house.

Amendments are expected on the floor from legislators who have been contacted by AAI members. The ideal amendment would be one that strikes the section of the bill that requires fees to be paid with the remainder of the bill to remain intact. The subcommittee in the House includes: Huser (D-Altoona), Reasoner (D-Osceola) and Windschitl (R- Missouri Valley)

The Transportation Omnibus bill is also in the Senate (SSB 1137). Managing the bill is Tom Rielly (D-Oskaloosa). Also on the committee is Larry Noble (R-Ankeny) and Jeff Danielson (D-Cedar Falls) The amendment language in the House has not been included yet in the Senate but work will be done on that this week.

The following is the amendment currently in the House Ways and Means Committee that must go on the bill.

A committee amendment that would include the following will be debated in that committee:
a. ALL “self propelled implements of husbandry-floaters” will not exceed 35 mph on roadways
b. Equipment that “as newly manufactured” would exceed 20,000 lbs. per axle may be operated on NON-interstate highways – excluding bridges – in a county pursuant to being permitted in that county at the rate of $600/per vehicle/county not to exceed $3500/per vehicle annually
c. Each piece of equipment can be registered in fewer but no more than 10 counties
d. The money collected will go to the secondary road fund of the county designated
e. Only vehicles originally purchased or ordered prior to February 1, 2007 may be registered.
f. No new permits for this exemption will be issued after July 1, 2007
g. Vehicles that exceed the 20,000#/axle weight limit operated without the exemption permit are subject to civil penalties of $10,000 in addition to any other penalties that may apply.
i. IDOT will have the permit registration available on or before June 1, 2007 to be effective July 1, 2007. Fees will be paid at the time of registration. ________________________________________

House Ways & Means Committee Members
• Paul Shomshor (D, District 100), Chair
• Tom Schueller (D, District 25), Vice Chair
• Tom Sands (R, District 87), Ranking Member
• Mark Davitt (D, District 74)
• Dave Deyoe (R, District 10)
• Greg Forristall (R, District 98)
• Marcella Frevert (D, District 7)
• Pat Grassley (R, District 17)
• Geri Huser (D, District 42)
• Libby Jacobs (R, District 60)
• Pam Jochum (D, District 27)
• Jeff Kaufmann (R, District 79)
• Doris Kelley (D, District 20)
• Tyler Olson (D, District 38)
• Dawn Pettengill (D, District 39)
• Brian Quirk (D, District 15)
• Mike Reasoner (D, District 95)
• Chuck Soderberg (R, District 3)
• Doug Struyk (R, District 99)
• Roger Thomas (D, District 24)
• Jamie Van Fossen (R, District 81)
• Roger Wendt (D, District 2)
• Tami Wiencek (R, District 21)
• Matt Windschitl (R, District 56)
• Philip L. Wise (D, District 92)

If a MVE officer stops one of these vehicles which has crossed a legal-limit bridge (one that is not embargoed), and if the vehicle has a permit as required under the new law, only a warning will be issued as long as the vehicle does not exceed the 25,000 pound limit on an axle. We will continue the issuance of warnings, and not citations, for crossing legal-limit bridges through June 30, 2008, to provide the industry time to adjust to the new law. Operators of these vehicles are not legally permitted to cross any embargoed bridge and doing so will put them at risk of getting a citation.

To be in compliance with the law, we will accept applications for permits that we have received, or are postmarked, by June 30, 2007. To operate these vehicles legally under this new law, the permit must be carried in the vehicle at all times it is being operated. The attached permit application form may be printed, downloaded from the website www.iamvd.com\omcs, or obtained by calling the Permit Center (515-237-3264). The completed application may be faxed to 515-237-3257; mailed to Post Office Box 10382, Des Moines, IA; or delivered to the Permit Center. The Permit Center is located at 100 Euclid Avenue, Des Moines, IA, until June 22. Beginning June 25, the Permit Center will be located at 6310 SE Convenience Boulevard, Ankeny, IA (I-35 Corporate Woods Drive exit 89).