HF 463 — A bill for an act relating to the enforcement of motor vehicle laws and the regulation of commercial motor vehicles and certain operators by the department of transportation, and including effective date provisions. (Formerly HSB 69.) Effective 7-1-17, with exception of section 4 effective 5-11-17.

House File 463 - ReprintedEnrolled HOUSEHouse FILEFile 463 BYAN COMMITTEEACT ONRELATING TRANSPORTATION (SUCCESSOR TO HSBTHE 69)ENFORCEMENT (AsOF AmendedMOTOR andVEHICLE PassedLAWS byAND theTHE HouseREGULATION MarchOF 27,COMMERCIAL 2017)MOTOR AVEHICLES BILLAND FORCERTAIN AnOPERATORS ActBY relatingTHE toDEPARTMENT theOF enforcementTRANSPORTATION, ofAND motorINCLUDING vehicleEFFECTIVE lawsDATE andPROVISIONS. the regulation of commercial motor vehicles and certain operators by the department of transportation, and including effective date provisions.

HFSection 4631. (2) 87 ns/nh/rh/md H.F.

463 Section 1.

Notwithstanding any provision of law to the contrary, a motor vehicle equipped with an engine fueledHouse primarilyFile by463, naturalp. gas may exceed any applicable maximum gross weight limit under this chapter, up to a maximum gross weight of eighty-two thousand pounds, by an amount equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system installed in the vehicle and the weight of a comparable diesel fuel tank and fueling system.

2 fueled primarily by natural gas may exceed any applicable maximum gross weight limit under this chapter, up to a maximum gross weight of eighty-two thousand pounds, by an amount equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system installed in the vehicle and the weight of a comparable diesel fuel tank and fueling system.

This paragraph “b” shall not apply unless the operator of the vehicle provides to the department a written certification of the weight of the auxiliary power or idle reduction technology unit, demonstrates or certifies to the department that the idle reduction technology unit is fully functional at all times, and carries with the operator the written certification of the weight of the auxiliary power or idle reduction technology unit in the vehicle at all times to present to law enforcement in the event the vehicle is suspected of violating any applicable HFweight 463restrictions. (2) 87 -1- ns/nh/rh/md 1/3 H.F.

463 weight restrictions.

The department may designate by resolution certain of its employees upon each of whom there is hereby conferred the authority of a peace officer to control and direct traffic and weigh vehicles, and to make arrests for violations of enforce theall laws of thisthe state describedincluding inbut subsectionnot 2.limited to the rules and regulations of the department.

Employees designated as peace officers pursuant to this section shall have the same powers conferred by law on peace officers for the enforcement of suchall laws of this state and the apprehension of violators.

Employees designated as peace officers pursuant to this section shallwho onlyare engageassigned into the followingsupervision enforcementof activities:the highways House File 463, p.

3 of this state shall spend the preponderance of their time conducting enforcement activities that assure the safe and lawful movement and operation of commercial motor vehicles and vehicles transporting loads, including but not limited to the enforcement of motor vehicle laws relating to the operating authority, registration, size, weight, and load of motor vehicles and trailers, and registration of a motor carrier’s interstate transportation service with the department.

3.

Employees designated as peace officers pursuant to this section shall not exercise the general powers of a peace officer within the limits of any city, except as follows:

TheWhen enforcementso ofordered federal motor carrier safety regulations and federal motor carrier hazardous materials regulations as adopted in this chapter and in rules adopted by the departmentdirection underof thisthe chapter.governor.

TheWhen regulationrequest ofis made by the operatingmayor authorityof any city, with the approval of motorthe carriers.director.

TheWhen regulationrequest ofis themade movement,by safety,the andsheriff lawfulor operationcounty attorney of commercialany motorcounty, vehicles.with the approval of the director.

TheWhile regulationin of the operatingpursuit authority of commerciallaw motorviolators vehicleor operatorsin andinvestigating thelaw enforcementviolations. of traffic and safety laws on operators of commercial motor vehicles.

TheWhile enforcementmaking andany performanceinspection ofprovided otherby activitiesthis necessarychapter, foror theany motoradditional carrierinspection safetyordered assistanceby program and the highdirector. priority program administered under 49 C.F.R.

pt.

350.

TheWhen engaged in the investigation and enforcement of matterslaws relating to ornarcotic, arisingcounterfeit, outstimulant, ofand responsibilitiesdepressant entrusteddrugs. to the department.

g.4.

The controllimitations andspecified directin directionsubsection 3 shall in no way be construed as a limitation on the power of trafficemployees anddesignated weighas vehicles,peace andofficers pursuant to makethis arrestssection forwhen violationsa ofpublic the.offense is being committed in their presence.

h.5.

The enforcementdepartment ofshall motorsubmit vehiclea lawsreport relating to the operatinggeneral authority,assembly registration,on size,or weight,before December 1 of each year that details the nature and HFscope 463of (2)enforcement 87activities -2-conducted ns/nh/rh/mdin 2/3the H.F.previous fiscal year by employees designated as peace officers pursuant to this section who are assigned to the supervision of the highways of this state.

463The loadreport ofshall motorinclude vehiclesa andcomparison trailersof commercial and registrationnoncommercial of a motor carrier’svehicle interstateenforcement transportationactivities serviceconducted withby thesuch department.employees.

i.6.

The enforcement of laws, the violation of which are defined as serious violations under 761 IAC 615.17(2).

j.

The enforcement of speed restrictions where a motor vehicle is traveling twenty miles per hour or more over the legal speed limit.

k.

The enforcement of rules and regulations of the department.

3.

REPEAL.

The section of this Act amending section 321.477 is repealed July 1, 2018.

House File 463, p.

4 Sec.

5.

HF______________________________ 463______________________________ (2)LINDA 87UPMEYER -3-JACK ns/nh/rh/mdWHITVER 3/3Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 463, Eighty-seventh General Assembly.

______________________________ CARMINE BOAL Chief Clerk of the House Approved _______________, 2017 ______________________________ TERRY E.