Text: HF00305 Text: HF00307 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.1, subsection 11, Code 1995, is 1 2 amended by adding the following new paragraph and relettering 1 3 the remaining paragraphs: 1 4 NEW PARAGRAPH. d. "Commercial motor carrier" means a 1 5 person responsible for the safe operation of a commercial 1 6 motor vehicle. 1 7 Sec. 2. Section 321.12, unnumbered paragraph 2, Code 1995, 1 8 is amended to read as follows: 1 9 The director shall destroy any operating records pertaining 1 10 to arrests or convictions for operating while intoxicated, in 1 11 violation of section 321J.2, which are more than twelve years 1 12 old. The twelve-year period shall commence with the date of 1 13 the arrest or conviction for the offense, whichever first 1 14 occurs. However, the director shall not destroy operating 1 15 records which pertain to arrests or convictions for operating 1 16 while intoxicated after the expiration of twelve years when 1 17 the motor vehicle being operated was a commercial motor 1 18 vehicle or if all of the provisions of the court order have 1 19 not been satisfied. 1 20 Sec. 3. Section 321.30, Code 1995, is amended by adding 1 21 the following new subsection: 1 22 NEW SUBSECTION. 12. If a commercial motor vehicle has 1 23 been assigned to be operated by a commercial motor carrier 1 24 whose ability to operate has been terminated or denied by a 1 25 federal agency. 1 26 Sec. 4. Section 321.101, Code 1995, is amended by adding 1 27 the following new subsection: 1 28 NEW SUBSECTION. 8A. If a commercial motor vehicle has 1 29 been assigned to be operated by a commercial motor carrier 1 30 whose ability to operate has been terminated or denied by a 1 31 federal agency. 1 32 Sec. 5. Section 321.208, Code 1995, is amended by adding 1 33 the following new subsection: 1 34 NEW SUBSECTION. 5A. A person is disqualified from 1 35 operating a commercial motor vehicle: 2 1 a. For ninety days upon conviction for the first violation 2 2 of an out-of-service order; for one year, upon conviction for 2 3 a second violation of an out-of-service order in separate 2 4 incidents within a ten-year period; and for not less than 2 5 three and not more than five years upon conviction for a third 2 6 or subsequent violation of an out-of-service order in separate 2 7 incidents within a ten-year period. 2 8 b. For one year upon conviction for the first violation 2 9 and for not less than three years and not more than five years 2 10 upon conviction for a second or subsequent violation of an 2 11 out-of-service order while transporting hazardous materials 2 12 required to be placarded, or while operating a commercial 2 13 motor vehicle designed to transport more than fifteen 2 14 passengers including the driver. 2 15 Sec. 6. Section 321.208A, Code 1995, is amended to read as 2 16 follows: 2 17 321.208A TWENTY-FOUR HOUR OUT-OF-SERVICE ORDER. 2 18 A person required to hold a commercial driver's license to 2 19 operate a commercial motor vehicle shall not operate a 2 20 commercial motor vehicle on the highways of this state in 2 21 violation of an out-of-service order issued by a peace officer 2 22 for a violation of the out-of-service rules adopted by the 2 23 department. An employer shall not allow an employee to drive 2 24 a commercial motor vehicle in violation of such out-of-service 2 25 order. The department shall adopt out-of-service rules which 2 26 shall be consistent with 49 C.F.R. } 392.5 adopted as of a 2 27 specific date by the department. A person who violates this 2 28 section shall be subject to a penalty of one hundred dollars. 2 29 Sec. 7. Section 321.213, Code 1995, is amended to read as 2 30 follows: 2 31 321.213 LICENSE SUSPENSIONS OR REVOCATIONS DUE TO 2 32 VIOLATIONS BY JUVENILE DRIVERS. 2 33 Upon the entering of an order at the conclusion of an 2 34 adjudicatory hearing under section 232.47 that the child 2 35 violated a provision of this chapter or chapter 124, 126, 3 1 321A, 321J, or 453B for which the penalty is greater than a 3 2 simple misdemeanor, the clerk of the juvenile court in the 3 3 adjudicatory hearing shall forward a copy of the adjudication 3 4 to the department. Notwithstanding section 232.55, a final 3 5 adjudication in a juvenile court that the child violated a 3 6 provision of this chapteror section 124.401, 124.402,3 7124.403, chapter 124, a drug offense under section 126.3, or 3 8 chapter 321A, 321J, or 453B constitutes a final convictionof3 9a violation of a provision of this chapter or section 124.401,3 10124.402, 124.403, a drug offense under section 126.3, or3 11chapter 321A, 321J, or 453Bfor purposes of section 321.189, 3 12 subsection 8, paragraph "b", and sections 321.193, 321.194, 3 13 321.200, 321.209, 321.210, 321.215, 321.555, 321A.17, 321J.2, 3 14 321J.3, and 321J.4. However, suspensions for violations of 3 15 chapter 124, section 126.3, or chapter 453B shall be in 3 16 accordance with section 321.213A. 3 17 Sec. 8. Section 321.213A, Code 1995, is amended to read as 3 18 follows: 3 19 321.213A LICENSE SUSPENSION FOR JUVENILES ADJUDICATED 3 20 DELINQUENT FOR CERTAIN DRUG OR ALCOHOL OFFENSES. 3 21 Upon the entering of an order at the conclusion of a 3 22 dispositional hearing under section 232.50, where the child 3 23 has been adjudicated to have committed a delinquent act, which 3 24 would be a first or subsequent violation of section 123.46, 3 25 section 123.47 involving the purchase or attempt to purchase 3 26 alcoholic beverages,orchapter 124, section 126.3, chapter 3 27 453B, or a second or subsequent violation of section 123.47 3 28 regarding the possession of alcoholic beverages, the clerk of 3 29 the juvenile court in the dispositional hearing shall forward 3 30 a copy of the adjudication and dispositional order to the 3 31 department. The department shall suspend the license or 3 32 operating privilege of the child for one year. The child may 3 33 receive a temporary restricted license as provided in section 3 34 321.215. 3 35 Sec. 9. Section 321.215, subsections 1 and 2, Code 1995, 4 1 are amended to read as follows: 4 2 1. The department, on application, may issue a temporary 4 3 restricted license to a person whose motor vehicle license is 4 4 suspended or revoked under this chapter, allowing the person 4 5 to drive to and from the person's home and specified places at 4 6 specified times which can be verified by the department and 4 7 which are required by any of the following: 4 8 a. The person's full-time or part-time employment. 4 9 b. The person's continuing health care or the continuing 4 10 health care of another who is dependent upon the person. 4 11 c. The person's continuing education while enrolled in an 4 12 educational institution on a part-time or full-time basis and 4 13 while pursuing a course of study leading to a diploma, degree, 4 14 or other certification of successful educational completion. 4 15 d. The person's substance abuse treatment. 4 16 e. The person's court-ordered community service 4 17 responsibilities. 4 18 However, a temporary restricted license shall not be issued 4 19 to a person whose license is revoked under section 321.205 for 4 20 a drug or drug-related offense or under section 321.209, 4 21 subsections 1 through 5 or subsection 7 or 8 or to a juvenile 4 22 whose license has been suspended under section 321.213A for a 4 23 violation of chapter 124 or 453B, or section 126.3. A 4 24 temporary restricted license may be issued to a person whose 4 25 license is revoked under section 321.209, subsection 6, only 4 26 if the person has no previous drag racing convictions. A 4 27 person holding a temporary restricted license issued by the 4 28 department under this section shall not operate a motor 4 29 vehicle for pleasure. 4 30 2. Upon conviction and the suspension or revocation of a 4 31 person's motor vehicle license under section 321.205 for a 4 32 drug or drug-related offense; 321.209, subsection 5, 6, or 8; 4 33 321.210; 321.210A; 321.513; or 321.555, subsection 2; or a 4 34 juvenile, whose license has been suspended under section 4 35 321.213A for a violation of chapter 124 or 453B, or section 5 1 126.3, and upon the denial by the director of an application 5 2 for a temporary restricted license, a person may apply to the 5 3 district court having jurisdiction for the residence of the 5 4 person for a temporary restricted permit to operate a motor 5 5 vehicle for the limited purpose or purposes specified in 5 6 subsection 1. The application may be granted only if all of 5 7 the following criteria are satisfied: 5 8 a. The temporary restricted permit is requested only for a 5 9 case of extreme hardship or compelling circumstances where 5 10 alternative means of transportation do not exist. 5 11 b. The permit applicant has not made an application for a 5 12 temporary restricted permit in any district court in the state 5 13 which was denied. 5 14 c. The temporary restricted permit is restricted to the 5 15 limited purpose or purposes specified in subsection 1 at times 5 16 specified in the permit. 5 17 d. Proof of financial responsibility is established as 5 18 defined in chapter 321A. However, such proof is not required 5 19 if the motor vehicle license was suspended under section 5 20 321.210A or 321.513 or revoked under section 321.209, 5 21 subsection 8, or suspended or revoked under section 321.205 5 22 for a drug or drug-related offense. 5 23 The district court shall forward a record of each 5 24 application for such temporary restricted permit to the 5 25 department, together with the results of the disposition of 5 26 the request by the court. A temporary restricted permit is 5 27 valid only if the department is in receipt of records required 5 28 by this section. 5 29 Sec. 10. Section 321A.17, subsection 5, Code 1995, is 5 30 amended to read as follows: 5 31 5. An individual applying for a motor vehicle license 5 32 following a period of suspension or revocation under section 5 33 321.205 for a drug or drug-related offense, section 321.209, 5 34 subsection 8, section 321.210, subsection 1, paragraph "d", or 5 35 section 321.210A, 321.213A, 321.213B, 321.216B, or 321.513, or 6 1 following a period of suspension under section 321.194, is not 6 2 required to maintain proof of financial responsibility under 6 3 this section. 6 4 Sec. 11. Section 321J.4, subsection 2, Code 1995, is 6 5 amended to read as follows: 6 6 2. If the court defers judgment pursuant to section 907.3 6 7 for a violation of section 321J.2, thecourt shall order the6 8 departmenttoshall revoke the defendant's motor vehicle 6 9 license or nonresident operating privilege for a period of not 6 10 less than thirty days nor more than ninety days if the 6 11 defendant's motor vehicle license or nonresident operating 6 12 privilege has not been revoked under section 321J.9 or 321J.12 6 13 or has not otherwise been revoked for the occurrence from 6 14 which the arrest arose.The court shall immediately require6 15the defendant to surrender to it all Iowa licenses or permits6 16held by the defendant, which the court shall forward to the6 17department with a copy of the order deferring judgment.6 18 EXPLANATION 6 19 This bill defines the term "commercial motor carrier" to 6 20 mean a person who is responsible for the safe operation of a 6 21 commercial motor vehicle operated in interstate commerce. The 6 22 bill allows for the department to refuse to issue a motor 6 23 vehicle registration or certificate of title or to suspend or 6 24 revoke the registration or certificate of title of a 6 25 commercial motor vehicle operated by a commercial motor 6 26 carrier whose ability to operate has been terminated or denied 6 27 by a federal agency. A person is disqualified from operating 6 28 a commercial motor vehicle for 90 days for the first violation 6 29 of an out-of-service order, for one year for a second 6 30 violation within 10 years, and for not less than three, and 6 31 not more than five years, for a third subsequent violation 6 32 within a 10-year period. In addition, a person who violates 6 33 an out-of-service order while transporting hazardous materials 6 34 required to be placarded or while operating a commercial motor 6 35 vehicle designed to transport more than 15 passengers, is 7 1 disqualified for one year for the first violation and for not 7 2 less than three and not more than five for any subsequent 7 3 violations. The bill also provides a $100 fine for persons 7 4 who violate an out-of-service order. 7 5 The bill prevents the state department of transportation 7 6 from destroying operating records pertaining to arrests or 7 7 convictions for operating while intoxicated in violation of 7 8 section 321J.2 if all of the provisions of the court order 7 9 have not been satisfied. Currently, the department may 7 10 destroy records which are more than 12 years old, unless the 7 11 motor vehicle which was operated was a commercial motor 7 12 vehicle. 7 13 Sections 321.213 and 321.213A are amended to provide that a 7 14 juvenile's driver's license is suspended for a one-year period 7 15 of time for violations of chapter 124, section 126.3, or 7 16 chapter 453B. Section 321.215 prevents persons convicted of 7 17 out-of-state drug and drug-related offenses under section 7 18 321.205 and juveniles whose driver's licenses were suspended 7 19 under section 321.213A for violations of chapter 124 or 453B, 7 20 or section 126.3 from being issued a temporary restricted 7 21 license. It does allow these persons to apply to the district 7 22 court for a temporary restricted permit which may only be 7 23 issued under certain circumstances. The bill provides that 7 24 persons who are applying for a motor vehicle license following 7 25 a period of suspension or revocation for violations under 7 26 section 321.205 for out-of-state drug or drug-related offenses 7 27 and juveniles whose driver's licenses are suspended under 7 28 section 321.213A are not required to maintain proof of 7 29 financial responsibility in order to have the driver's license 7 30 reinstated. 7 31 Finally, the bill allows the department to revoke a 7 32 driver's license without waiting for an order from the court 7 33 in those cases where the driver submitted to a chemical test 7 34 and passed the chemical test but was still found guilty of 7 35 operating while intoxicated and granted a deferred judgment. 8 1 LSB 1165HV 76 8 2 js/jj/8
Text: HF00305 Text: HF00307 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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