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1395XD

Automatic Traffic Enforcement, Rulemaking (1395XD) - Transportation, Department of

2025-2026 Regular Session

DOT gains authority to approve/deny ATE permits, suspend/revoke them, consolidate permits by locality, require explicit denial reasons, and implement federal-aligned rulemaking.

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Bill Summary · 1395XD

Summary of Bill 1395XD (Automatic Traffic Enforcement, Rulemaking)

Overview

  • Bill Number: 1395XD
  • Title: Automatic Traffic Enforcement, Rulemaking (1395XD) – Transportation, Department of
  • Status: Proposed bill (introduced November 28, 2025)
  • Purpose: To refine and strengthen the Department of Transportation’s (DOT) administration of automated traffic enforcement (ATE) in Iowa, including permit issuance, suspension, revocation, and rulemaking, while aligning with federal requirements and emphasizing safety.

Key Provisions

1) Permit Application and Approval Process (Code §321P.2, amended)

  • Local authorities apply for an ATE permit through a DOT-determined process.
  • DOT may approve or disapprove a permit based on whether the system is:
    • Appropriate for addressing critical traffic safety issues at a location,
    • Necessary, and
    • The least restrictive means to address those issues.
  • If the DOT determines a system is inappropriate, unnecessary, or not the least restrictive means, it must deny the application and provide the local authority with the reason.
  • Each local authority is issued only one permit, which covers all locations the authority is authorized to operate.
  • Local authorities may submit applications to update their permit to add new locations, using the same process as the initial permit.
  • Applications for a location must include all required information for that location.

2) Permit Suspension and Revocation (New Code §321P.2A)

  • DOT may suspend a permit if the local authority violates this chapter or a DOT rule.
  • A suspended permit remains suspended until the local authority demonstrates compliance with the chapter and rules.
  • DOT may revoke a permit or remove an authorized location if continued use of the system is no longer appropriate, necessary, or the least restrictive means.
  • DOT may revoke a permit if the local authority is in continuous noncompliance with the ATE law or rules.
  • Local authorities whose permits are revoked may reapply under §321P.2.

3) Rulemaking Authority and Final Agency Action (New Code §321P.10)

  • DOT must adopt rules under Chapter 17A to implement, administer, and interpret this chapter.
  • Rules must consider critical traffic safety issues and align with federal requirements.
  • In contested cases under this chapter, the presiding officer’s decision is the final agency action for purposes of judicial review (no further agency appeal within the agency).

Affected Parties and Impacts

  • Local Authorities (cities/counties operating automated traffic enforcement):
    • Face a consolidated, DOT-controlled permit system; must ensure compliance to avoid denial, suspension, or revocation.
    • Can update permits to add locations; potential consequences if a location is removed.
  • Department of Transportation (DOT):
    • Gains explicit authority to suspend/revoke permits and require justification for permit denials.
    • Responsible for developing and enforcing ATE rules, with federal-aligned standards.
  • Public/Regulated Community:
    • Enhanced transparency due to required reasons for permit denials.
    • ATE deployments may be revised based on safety effectiveness and compliance.

Procedural and Timeline Aspects

  • DOT rulemaking to implement 321P.10 through Chapter 17A.
  • Denials must include explicit reasons to local authorities.
  • Final agency action in contested ATE cases is the presiding officer’s decision, shaping judicial review outcomes.
  • No specific effective date is provided in the text; typically follows passage and rulemaking completion.

Bottom Line

1395XD tightens DOT oversight of automated traffic enforcement in Iowa by requiring explicit DOT denial reasons, establishing permit suspension and revocation mechanisms, consolidating permits per local authority, and granting DOT robust rulemaking authority with final agency action in contested cases. The bill aims to strengthen safety-focused deployment of ATE while ensuring consistent standards and federal compliance.

Compiled from official sources — confirm details with the bill’s official record.

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