Iowa Code 321E.3 – Permit-issuing authorities
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1. a. Permits issued under this chapter 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.
b. (1) The department may issue all-systems permits under section 321E.8 which are valid for movement on all paved highways or streets, except the interstate road system if prohibited under section 321E.8, and except any highways or streets under the jurisdiction of local authorities upon which an all-systems permit is not valid as determined by the applicable local authority if the local authority indicates such highways and streets to the department in writing, including by means of electronic communication. However, a local authority shall not determine that any paved farm-to-market road, or highway or street designated as a truck route, is not valid for purposes of an all-systems permit without justification. A highway or street under the jurisdiction of a local authority upon which movement under an all-systems permit is valid shall connect with a highway or street under the jurisdiction of the state, or with another highway or street upon which movement under an all-systems permit is valid that ultimately connects with a highway or street under the jurisdiction of the state.
(2) A local authority that indicates a highway or street, including a paved farm-to-market road, upon which an all-systems permit is not valid under subparagraph (1) shall provide a written justification report to the department explaining the local authority’s determination. If the department disagrees with the local authority’s determination, the dispute shall be resolved in accordance with chapter 17A.
(3) Notwithstanding a local authority’s determination under this paragraph, a person who is issued an all-systems permit may operate a permitted vehicle over the most direct route between the location where the vehicle is loaded or is to be unloaded and the nearest highway or street upon which movement under an all-systems permit is valid.
Terms Used In Iowa Code 321E.3
- Department: means the state department of transportation. See Iowa Code 321H.2
- department: means the state department of transportation. See Iowa Code 321E.1
- highway: means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular travel, except in public areas in which the boundary shall be thirty-three feet each side of the center line of the roadway. See Iowa Code 321I.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operate: means to ride in or on, other than as a passenger, use, or control the operation of an all-terrain vehicle in any manner, whether or not the all-terrain vehicle is moving. See Iowa Code 321I.1
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
2. At the request of a local authority, the department shall issue permits under this chapter for highways or streets that are under the jurisdiction of the local authority if the local authority has indicated to the department in writing, including by means of electronic communication, those streets or highways for which a permit is not valid.
3. Notwithstanding any other provision of this chapter to the contrary, the department shall develop and implement a single statewide system to receive applications for and issue permits authorized under this chapter that allow for the operation of vehicles of excessive size or weight on highways or streets under the jurisdiction of the state or local authorities. The department is authorized to determine, in consultation with the applicable local authorities, the network of highways and streets under the jurisdiction of local authorities, including the appropriate routes, on which vehicles issued permits under the system are authorized to operate. Permits issued under the system shall be issued by the department for a fee established by the department by rule, which fees shall be proportionate to the fees set forth in section 321E.14. The department shall allocate a portion of the fees collected under this subsection to local authorities having jurisdiction over highways or streets on which vehicles issued permits under the system are authorized to operate.