Notice of Intended Action

Automated traffic enforcement on the primary road system, rescind ch 144

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ARC 3864C

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

Proposing rule making related to automated traffic enforcement and providing an opportunity for public comment

The Department of Transportation hereby proposes to rescind Chapter 144, "Automated Traffic Enforcement on the Primary Road System," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 307.12.

State or Federal Law Implemented

This rule making does not implement a state or federal law but instead rescinds rules determined by the Iowa Supreme Court to be beyond the Department's rule-making authority.

Purpose and Summary

On April 27, 2018, the Iowa Supreme Court, in Case No.17-0686, City of Des Moines, City of Muscatine and City of Cedar Rapids v. Iowa DOT, ruled that the Department did not have the statutory authority to adopt or enforce the rules set forth in Chapter 144. Consistent with this ruling, the Department proposes to rescind this chapter.

Fiscal Impact

The Department is unable to determine the fiscal impact of rescinding this chapter. Individual cities and counties will determine whether and to what extent they maintain existing automated traffic enforcement systems and locations or add new systems or locations.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

A waiver provision is not included in this rule making because the Department is rescinding the chapter.

Public Comment

Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on July 24, 2018. Comments should be directed to:

Tracy George

Department of Transportation

DOT Rules Administrator, Strategic Communications and Policy

800 Lincoln Way

Ames, Iowa 50010

Email: tracy.george@iowadot.us

Public Hearing

A public hearing to hear requested oral presentations will be held as follows:

July 26, 2018

10 a.m.

Department of Transportation

Administration Building

Third Floor Conference Room

800 Lincoln Way

Ames, Iowa

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department's rules administrator, and advise of specific needs.

The public hearing will be canceled without further notice if no oral presentation is requested.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making action is proposed:

Rescind and reserve 761—Chapter 144.

Transportation Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 7/24/2018.

Official Document

  • Automated traffic enforcement on the primary road system, rescind ch 144
  • Published on 7/4/2018
  • 175 Views , 0 Comments
  • Notice of Intended Action

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 7/4/2018.

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