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Home My WebLink About4359-05/03/1999 BLACK HAWK COUNTY IOWA:SS 2 J 1 MISC Filed for record AUG 4 , 1999 at 4:00 P .M. and recorded in Book 335 MARGINOf TSC Page 357 . PROOF.: . • Recorder COMPA 1) Fee 1-15.00/ CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4359 AN ORDINANCE AMENDING THE 1999 TRAFFIC CODE BY ADDING SECTION 430, MOTOR CARRIER SAFETY RULES . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows : That Section 430, Motor Carrier Safety Rules, of the 1999 Traffic Code, is hereby added as follows : SEC. 430 . MOTOR CARRIER SAFETY RULES . Iowa Code §321 . 449, Motor carrier safety rules, is hereby adopted by reference in its entirety. All amendments to Iowa Code §321 .449 shall automatically modify this Traffic Code . "321 .449 Motor carrier safety rules . A person shall not operate a commercial vehicle on the highways of this state except in compliance with rules adopted by the department under chapter 17A. The rules shall be consistent with the federal motor carrier safety regulations promulgated under United States Code, Title 49, and found in 49 C. F.R. § 390- 399 and adopted under chapter 17A which rules shall be to a date certain. * Rules adopted under this section concerning driver qualifications, hours of service, and recordkeeping requirements do not apply to the operators of public utility trucks, trucks hauling gravel , construction trucks and equipment, trucks moving implements of husbandry, and special trucks, other than a truck tractor, operating intrastate . Trucks for hire on construction projects are not exempt from this section. Rules adopted under this section concerning driver age qualifications do not apply to drivers for private and for-hire motor carriers which operate solely intrastate except when the vehicle being driven is transporting a hazardous material in a quantity which requires placarding. The minimum age for the exempted intrastate operations is eighteen years of age . Notwithstanding other provisions of this section, rules adopted under this section for drivers of commercial vehicles shall not apply to a driver of a commercial vehicle who is engaged exclusively in intrastate commerce, when the commercial vehicle ' s gross vehicle weight rating is 26, 000 pounds or less, unless the vehicle is used to transport hazardous materials requiring a placard or if the vehicle is designed to transport more than fifteen passengers, including the driver. For the purpose of complying with the hours of service recordkeeping requirements under 49 C. F.R. § 395 . 1 (e) (5) , a driver ' s report of daily beginning and ending on-duty time submitted to the motor carrier at the end of each work week shall be considered E0 g 335 PAGE357 Ordinance No. 4359 Page 2 acceptable motor carrier time records . In addition, rules adopted under this section shall not apply to a driver for a farm operation as defined in section 352 .2 , or for an agricultural interest when the commercial vehicle is operated between the farm as defined in section 352 . 2 and another farm, between the farm and a market for farm products, or between the farm and an agribusiness location. A driver or a driver-salesperson for a private carrier, who is not for hire and who is engaged exclusively in intrastate commerce, may drive twelve hours, be on duty sixteen hours in a twenty-four hour period and be on duty seventy hours in seven consecutive days or eighty hours in eight consecutive days . A driver- salesperson means as defined in 49 C. F.R. § 395 . 2 , adopted as of a specific date by the department by rule . * Notwithstanding other provisions of this section, rules adopted under this section concerning physical and medical qualifications for drivers of commercial vehicles engaged in intrastate commerce shall not be construed as disqualifying any individual who was employed as a driver of commercial vehicles engaged in intrastate commerce whose physical or medical condition existed prior to July 29, 1996 . Notwithstanding other provisions of this section, rules adopted under this section concerning physical and medical qualifications for a driver shall not apply to a farmer or a farmer' s hired help when operating a vehicle owned by the farmer while it is being used in connection with the intrastate transportation of fertilizers and chemicals used in the farmer' s crop production. Notwithstanding other provisions of this section, rules adopted under this section concerning physical and medical qualifications for a driver shall not apply to a farmer or a farmer ' s hired help when operating a vehicle owned by the farmer while it is being used in connection with the intrastate transportation of agricultural commodities or feed. Notwithstanding other provisions of this section, rules adopted under this section shall not impose any requirements which impose any restrictions upon a person operating an implement of husbandry or pickup to transport fertilizers and pesticides in that person' s agricultural operations . Rules adopted under this section concerning periodic inspections shall not apply to special trucks as defined in section 321 . 1, subsection 76, and registered under section 321 . 121 . Rules adopted under this section shall not apply to vehicles used in combination provided the gross vehicle weight rating of the towing unit is ten thousand pounds or less and the gross combination weight rating is twenty-six thousand pounds or less . *Rules have been adopted by the department; corrective legislation is pending. " EOOK 335PAGE358 Ordinance No. 4359 Page 3 INTRODUCED: May 3 , 1999 PASSED 1ST CONSIDERATION: May 3, 1999 PASSED 2ND CONSIDERATION: May 3 , 1999 PASSED 3RD CONSIDERATION: May 3 , 1999 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 3rd day of May, 1999 and approved by the Mayor Pro Tem on the 5th day of May, 1999. a'��L-.._ Jerr dors , Mayor Pro Tem 4. ATTEST: / ..eii...1---c Nancy Ecket , , City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4359 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 3rd day of May, 1999 . Witness my hand and seal of office this 5th day of May, 1999 . - e-/-e-idt— Nancy Eck t, City Clerk SEAL Eng( 335fAGE3 : FORMI T. STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal City of Waterloo Black Hawk County, Ordinance t 359 Traffic ORDINANCE NO.0.4359 AN ORDINANCE AMENDING THE 1999 TRAFFIC CODE BY ADDING SECTION 430, MOTOR CARRIER SAFETY RULES. BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF WATER- LOO,IOWA,as follows: That Section Safety Rules,of 1999rafr fc notice was published in the WaterlooC'edur Fulls Courier, a daily newspaper printed in the r Code,is hereby added.as follows: SEC. 430. MOTOR CARRIER SAFETY RULES. Iowa Code§321.449,Motor carrier Waterloo, Black Hawk County, Iowa,once commencing on the 26th safety rules,is hereby adopted by • reference in its entirety.All amend- ments to Iowa Co'!e§321.449 shall automatically modify this Traffic day of May 19 99 in the name of Code. "321.449 Motor carrier safety rules. A com- mercial veherson icle on operate thll not hhighways of said newspaper, and that the annexed rate of advertised is the regular legal rate of said this state except in compliance with rules adopted by the department under r 17A.The rules shall beeonsstentwith the federal motor newspaper, and that the following is a correct bill for publishing said notice. •carrier safety regulations promul- gated under United States Code, Title 49, and found in 49 C.F.R. § 390-399 and adopted under chapter Printer's Bill $ 45.84 17A which rules shall be to a date certain.* - Rules adopted under this section concerning driver qualifications, hours of service,and recordkeeping re ly t trucks dor not const u then operators of public utility trucks, trucks hauling gravel,construction trucks and equipment,trucks mov- ins impleents of husbandry,and Signed m special trucks,other than a truck tractor,operating intrastate.Trucks for hire on construction projects are not exempt from this section. - Rules adopted under this section concerning driver age qualifications Subscribed and sworn to before me this day of do not apply to or for privateic /� and for-hire motor carriers which j(y//(J/ operate solely intrastate except A.D., , D ' 19 (� when the vehicle being driven is f/kjt7 transporting a hazardous material in a quantity which requires placard- ing. 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