SSB 1060 (LSB 1214XD (3) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF TRANSPORTATION BILL)

A BILL FOR

An Act relating to third-party testers who administer the knowledge and driving skills tests required for a commercial learner’s permit or commercial driver’s license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.187, subsection 2, paragraph c, Code 2023, is amended to read as follows:
   c.  Any third-party test examiner used by the third-party tester shall meet comply with the requirements of 49 C.F.R. pts. 383 and 
384
 applicable to third-party knowledge and driving skills testing, as adopted by rule by the department. The department shall adopt rules regarding who may qualify as a third-party tester. The department may adopt rules may also provide that doing any of the following: 
   (1)  Requiring a third-party tester to 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. A third-party tester, other than a community college established under chapter 260C, must be one of the following:
   (1)  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.
   (2)  An Iowa nonprofit corporation that serves as a trade association for Iowa-based motor carriers.
   (3)  A public transit system or regional transit system, as those terms are defined in section 324A.1, in this state.
   (2)  Restricting the testing scope of a third-party tester.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the department of transportation (DOT) must examine applicants for driver’s licenses. The DOT is authorized to designate community colleges and other third-party testers to administer the knowledge and driving skills tests required for a commercial learner’s permit or commercial driver’s license. A third-party tester, other than a community college, must be an Iowa-based motor carrier that operates a permanent commercial driver training facility in Iowa, an Iowa nonprofit corporation that serves as a trade association for Iowa-based motor carriers, or a public or regional transit system.
   This bill strikes the provisions that identify particular types of third-party testers, other than community colleges; requires any third-party test examiner used by a third-party tester to comply with existing federal regulations applicable to third-party knowledge and driving skills testing, as adopted by rule by the DOT; and authorizes the DOT to adopt rules restricting the testing scope of a third-party tester.