Section 622.606

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 622

Effective - 28 Aug 1996   

  622.606.  Certificates or permits issued before 1995, effect — procedure — transport of hazardous materials. — 1.  Certificates or permits, or both, which were issued before January 1, 1995, and which authorized a person to transport any property in intrastate commerce by motor vehicle as a common carrier or contract carrier, or both, are void, except that to the extent such certificates or permits, or portions thereof, authorized a person to transport household goods over irregular routes or passengers in intrastate commerce, or any property or passengers in interstate commerce, those certificates or permits, or portions thereof, are exempt from the provisions of this subsection.

  2.  Persons who owned certificates or permits, or both, that were in active status with the division on December 31, 1994, and persons to whom the division issued certificates and permits after December 31, 1994, pursuant to emergency rules adopted by the division, are deemed to be qualified as registered property carriers, unless the person's certificate or permit has been suspended, revoked or transferred to another person as provided by law.  A person deemed qualified pursuant to this subsection is not required to file an application pursuant to section 622.608 to continue providing intrastate transportation as a registered property carrier, but rather, upon such person's compliance with the licensing and insurance requirements of the division the person is deemed to have a property carrier registration in force as required pursuant to section 622.604, authorizing the person to transport property except household goods in intrastate commerce on the public highways, unless the person's property carrier registration is suspended, revoked or transferred to another person as provided by law.  Within a reasonable time after August 28, 1996, the division shall issue property carrier registrations to all persons who are deemed to be qualified as registered property carriers and deemed to have property carrier registrations in force pursuant to this subsection.

  3.  Notwithstanding any provision of this section to the contrary, this section shall not be construed as authorizing any person to transport any hazardous material as designated in Title 49, Code of Federal Regulations, except hazardous materials which that person was expressly authorized to transport in intrastate commerce within this state on August 28, 1996.  A person may file an application for property carrier registration pursuant to section 622.608 to transport additional hazardous materials. Nothing in this section shall be construed to conflict with chapter 260 or of relieving an applicant of any duty to obtain a license pursuant to chapter 260.

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(L. 1996 S.B. 780 § 4)