SF 226 (LSB 1270SV (2) 88)

SENATE FILE 226

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SSB 1049)

A BILL FOR

An Act relating to commercial driver’s license requirements, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.187, subsection 2, paragraph c, Code 2019, is amended to read as follows:
   c.  Any third-party skills test examiner used by the third-party tester shall meet the requirements of 49 C.F.R. §383.75 and 
49 C.F.R. §384.228
, as adopted by rule by the department. The department shall adopt rules requiring that a third-party tester, other than a community college established under chapter 260C, shall be an Iowa-based motor carrier, or its subsidiary, that has its principal office within this state and operates a permanent commercial driver training facility in this state, or an Iowa nonprofit corporation that serves as a trade association for Iowa-based motor carriers. The rules may also provide that a third-party tester conduct a number of skills test examinations above the number required under 49 C.F.R. §383.75 in order to remain qualified as a third-party tester under this section.
    Sec. 2.  Section 321.188, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0c.  Successfully complete any entry-level driver training if required under 49 C.F.R. pt. 380, subpt. F, or 49 C.F.R. pt. 383, subpt. E, prior to taking a knowledge test or driving skills test, the passage of which is required under paragraph “c”. 
    Sec. 3.  Section 321.188, subsection 4, Code 2019, is amended to read as follows:
   4.  The department shall check the applicant’s driving record as maintained by the applicant’s current licensing state, the national commercial driver’s license information system, the national drug and alcohol clearinghouse if required under 49 C.F.R. §383.73, and the national driver register to determine whether the applicant qualifies to be issued for the issuance, renewal, or upgrade of a commercial driver’s license, as applicable. The department shall notify the national commercial driver’s license information system of the issuance, renewal, or upgrade of a commercial driver’s license and shall post the driver’s self-certification of type of driving as required by rule. The department shall also post information from the medical examiner’s certificate required under subsection 1, paragraph “c”, to the national commercial driver’s license information system, if required by rule.
    Sec. 4.  APPLICABILITY.  The following applies to applicants for which the issuance or upgrade of a commercial driver’s license sought by the applicant is or will be issued by the department of transportation on or after February 7, 2020, regardless of the date the applicant submitted to the department the application or other information required for the issuance or upgrade of the license: 
   The section of this Act enacting section 321.188, subsection 1, paragraph “0c”.
    Sec. 5.  APPLICABILITY.  The following applies to applicants for which the issuance, renewal, or upgrade of a commercial driver’s license sought by the applicant is or will be issued by the department of transportation on or after January 6, 2020, regardless of the date the applicant submitted to the department the application or other information required for the issuance, renewal, or upgrade of the license: 
   The section of this Act amending section 321.188, subsection 4.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law allows third-party testers to administer driving skills tests required for a commercial driver’s license. A third-party tester, other than a community college, must be an Iowa-based motor carrier, or its subsidiary, that has its principal office within this state and operates a permanent commercial driver training facility in this state. This bill allows an Iowa nonprofit corporation that serves as a trade association for Iowa-based motor carriers to be a third-party tester.
   The bill requires commercial driver’s license applicants to successfully complete any entry-level driver training if required under the code of federal regulations prior to taking a required knowledge test or driving skills test. This provision of the bill applies to applicants for which the issuance or upgrade of a commercial driver’s license sought by the applicant is or will be issued by the department of transportation (DOT) on or after February 7, 2020, regardless of the date the applicant submitted to the DOT the application or other information required for the issuance or upgrade of the license.
   In addition, the bill requires the DOT to check the national drug and alcohol clearinghouse if required under the code of federal regulations to determine whether the applicant qualifies for the issuance, renewal, or upgrade of a commercial driver’s license. This provision of the bill applies to applicants for which the issuance, renewal, or upgrade of a commercial driver’s license sought by the applicant is or will be issued by the DOT on or after January 6, 2020, regardless of the date the applicant submitted to the DOT the application or other information required for the issuance, renewal, or upgrade of the license.
   The provisions of Code section 321.188 (commercial driver’s license requirements) are applicable to the issuance of commercial learner’s permits under Code section 321.180(2)(a).