Text: HF02527 Text: HF02529 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2528 1 2 1 3 AN ACT 1 4 ESTABLISHING A GRADUATED DRIVER'S LICENSE FOR YOUNG 1 5 DRIVERS, MAKING PENALTIES APPLICABLE, CREATING AN 1 6 INTERIM STUDY COMMITTEE, AND INCLUDING AN APPLI- 1 7 CABILITY PROVISION AND AN EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 321.177, subsection 1, Code 1997, is 1 12 amended to read as follows: 1 13 1. To any person who is under the age of eighteen years,1 14without the person's first having successfully completed an1 15approved driver education course, in which case, the minimum1 16age is sixteen yearsexcept as provided in section 321.180B. 1 17 However, the department may issue a driver's license to 1 18 certain minors as provided in section 321.178 or 321.194,an1 19instruction permit as provided in section 321.180, subsection1 201,or a driver's license restricted to motorized bicycles as 1 21 provided in section 321.189, subsection 8. 1 22 Sec. 2. Section 321.178, subsection 1, Code 1997, is 1 23 amended to read as follows: 1 24 1. APPROVED COURSE. An approved driver education course 1 25 as programmed by the department of education shall consist of 1 26 at least thirty clock hours of classroom instruction, and six 1 27 or more clock hours of laboratory instruction of which at 1 28 least three clock hours shall consist of street or highway 1 29 driving. Classroom instruction shall include all of the 1 30 following: 1 31 a. A minimum of four hours of instruction concerning 1 32 substance abuse. 1 33 b. A minimum of twenty minutes of instruction concerning 1 34 railroad crossing safety. 1 35 c. Instruction relating to becoming an organ donor under 2 1 the uniform anatomical gift Act. 2 2After the student has completed three clock hours of street2 3or highway driving and has demonstrated to the instructor an2 4ability to properly operate a motor vehicle and upon written2 5request of a parent or guardian, the instructor may waive the2 6remaining required laboratory instruction.2 7 To be qualified as a classroom or laboratory driver 2 8 education instructor, a person shall have satisfied the 2 9 educational requirements for a teaching license at the 2 10 elementary or secondary level and hold a valid license to 2 11 teach driver education in the public schools of this state. 2 12 Every public school district in Iowa shall offer or make 2 13 available to all students residing in the school district or 2 14 Iowa students attending a nonpublic school in the district an 2 15 approved course in driver education. The courses may be 2 16 offered at sites other than at the public school, including 2 17 nonpublic school facilities within the public school 2 18 districts. An approved course offered during the summer 2 19 months, on Saturdays, after regular school hours during the 2 20 regular terms or partly in one term or summer vacation period 2 21 and partly in the succeeding term or summer vacation period, 2 22 as the case may be, shall satisfy the requirements of this 2 23 section to the same extent as an approved course offered 2 24 during the regular school hours of the school term. A 2 25 student who successfully completes and obtains certification 2 26 in an approved course in driver education or an approved 2 27 course in motorcycle education may, upon proof of such fact, 2 28 be excused from any field test which the student would 2 29 otherwise be required to take in demonstrating the student's 2 30 ability to operate a motor vehicle. A student shall not be 2 31 excused from any field test if a parent, guardian, or 2 32 instructor requests that a test be administered. Street or 2 33 highway driving instruction may be provided by a person 2 34 qualified as a classroom driver education instructor or a 2 35 person certified by the department of transportation. The 3 1 department of transportation shall adopt rules pursuant to 3 2 chapter 17A to provide for certification of persons qualified 3 3 to provide street or highway driving instruction and for 3 4 administering requested field tests. 3 5 "Student," for purposes of this section, means a person 3 6 between the ages of fourteen years and twenty-one years who 3 7 resides in the public school district and who satisfies the 3 8 preliminary licensing requirements of the department of 3 9 transportation. 3 10 Any person who successfully completes an approved driver 3 11 education course at a private or commercial driver education 3 12 school licensed by the department of transportation, shall 3 13 likewise be eligible for a driver's licenseat the age of3 14sixteen years, providing the instructor in charge of the3 15student's training has satisfied the educational requirements3 16for a teaching certificate at the secondary level and holds a3 17valid certificate to teach driver education in the public3 18schools of Iowaas provided in section 321.180B or 321.194. 3 19 Sec. 3. Section 321.180, subsection 1, Code 1997, is 3 20 amended to read as follows: 3 21 1. a. A person who is at leastfourteeneighteen years of 3 22 age and who, except for the person's lack of instruction in 3 23 operating a motor vehicle, would be qualified to obtain a 3 24 driver's license, shall, upon meeting the requirements of 3 25 section 321.186 other than a driving demonstration, and upon 3 26 paying the required fee, be issued an instruction permit by 3 27 the department. Subject to the limitations in this 3 28 subsection, an instruction permit entitles the permittee, 3 29 while having the permit in the permittee's immediate 3 30 possession, to operate a motor vehicle, other than a 3 31 commercial motor vehicle or as a chauffeur or a motor vehicle 3 32 with a gross vehicle weight rating of sixteen thousand one or 3 33 more pounds, upon the highways for a period not to exceed two 3 34 years from the licensee's birthday anniversary in the year of 3 35 issuance. If the applicant for an instruction permit holds a 4 1 driver's license issued in this state valid for the operation 4 2 of a motorized bicycle or a motorcycle, the instruction permit 4 3 shall be valid for such operation without the need of an 4 4 accompanying person. 4 5 A permittee shall not be penalized for failing to have the 4 6 instruction permit in immediate possession if the permittee 4 7 produces in court, within a reasonable time, an instruction 4 8 permit issued to the permittee and valid at the time of the 4 9 permittee's arrest or at the time the permittee was charged 4 10 with failure to have the permit in the permittee's immediate 4 11 possession. 4 12 b. Except as otherwise provided, a permittee who is 4 13sixteeneighteen years of age or older must be accompanied by 4 14 a person issued a motor vehicle license valid for the vehicle 4 15 operated who is a member of the permittee's immediate family 4 16 if the family member is at least twenty-one years of age, an 4 17 approved driver education instructor, a prospective driver 4 18 education instructor who is enrolled in a practitioner 4 19 preparation program with a safety education program approved 4 20 by the state board of education, or a person at leasteighteen4 21 twenty-five years of age, and who is actually occupying a seat 4 22 beside the driver.Except as otherwise provided, a permittee4 23who is less than sixteen years of age must be accompanied by a4 24person issued a motor vehicle license valid for the vehicle4 25operated who is the parent or guardian of the permittee,4 26member of the permittee's immediate family if the family4 27member is at least twenty-one years of age, an approved driver4 28education instructor, a prospective driver education4 29instructor who is enrolled in a practitioner preparation4 30program with a safety education program approved by the state4 31board of education, or a person who is twenty-five years of4 32age or more if written permission is granted by the parent or4 33guardian, and who is actually occupying a seat beside the4 34driver.4 35 However, if the permittee is operating a motorcycle in 5 1 accordance with this section or section 321.180B, the 5 2 accompanying person must be within audible and visual 5 3 communications distance from the permittee and be accompanying 5 4 the permittee on or in a different motor vehicle. Only one 5 5 permittee shall be under the immediate supervision of an 5 6 accompanying qualified person, unless the qualified person is5 7an approved motorcycle or driver education instructor or a5 8prospective motorcycle or driver education instructor who is5 9enrolled in a practitioner preparation program with a safety5 10education program approved by the state board of education,5 11and the permittee is enrolled in an approved motorcycle or5 12driver education course, in which case no more than three5 13students shall be under the immediate supervision of each5 14instructor while on the highway. 5 15 Sec. 4. Section 321.180, Code 1997, is amended by adding 5 16 the following new subsection: 5 17 NEW SUBSECTION. 5. A motorcycle instruction permit issued 5 18 under this section is not renewable. 5 19 Sec. 5. NEW SECTION. 321.180B GRADUATED DRIVER'S 5 20 LICENSES FOR PERSONS AGED FOURTEEN THROUGH SEVENTEEN. 5 21 Persons under age eighteen shall not be issued a license or 5 22 permit to operate a motor vehicle except under the provisions 5 23 of this section. However, the department may issue restricted 5 24 and special driver's licenses to certain minors as provided in 5 25 sections 321.178 and 321.194, and driver's licenses restricted 5 26 to motorized bicycles as provided in section 321.189. A 5 27 license or permit shall not be issued under this section or 5 28 section 321.178 or 321.194 without the consent of a parent or 5 29 guardian. An additional consent is required each time a 5 30 license or permit is issued under this section or section 5 31 321.178 or 321.194. The consent must be signed by at least 5 32 one parent or guardian on an affidavit form provided by the 5 33 department. 5 34 1. INSTRUCTION PERMIT. The department may issue an 5 35 instruction permit to an applicant between the ages of 6 1 fourteen and eighteen years if the applicant meets the 6 2 requirements of sections 321.184 and 321.186, other than a 6 3 driving demonstration, and pays the required fee. An 6 4 instruction permit issued under this section shall be valid 6 5 for a period not to exceed two years from the licensee's 6 6 birthday anniversary in the year of issuance. A motorcycle 6 7 instruction permit issued under this section is not renewable. 6 8 Subject to the limitations in this subsection, an 6 9 instruction permit entitles the permittee, while having the 6 10 permit in the permittee's immediate possession, to operate a 6 11 motor vehicle other than a commercial motor vehicle or as a 6 12 chauffeur or a motor vehicle with a gross vehicle weight 6 13 rating of sixteen thousand one or more pounds upon the 6 14 highways. 6 15 Except as otherwise provided, a permittee who is less than 6 16 eighteen years of age and who is operating a motor vehicle 6 17 must be accompanied by a person issued a driver's license 6 18 valid for the vehicle operated who is the parent or guardian 6 19 of the permittee, member of the permittee's immediate family 6 20 if the family member is at least twenty-one years of age, an 6 21 approved driver education instructor, a prospective driver 6 22 education instructor who is enrolled in a practitioner 6 23 preparation program with a safety education program approved 6 24 by the state board of education, or a person at least twenty- 6 25 five years of age if written permission is granted by the 6 26 parent or guardian, and who is actually occupying a seat 6 27 beside the driver. A permittee shall not operate a motor 6 28 vehicle if the number of passengers in the motor vehicle 6 29 exceeds the number of passenger safety belts in the motor 6 30 vehicle. If the applicant for an instruction permit holds a 6 31 driver's license issued in this state valid for the operation 6 32 of a motorized bicycle or a motorcycle, the instruction permit 6 33 shall be valid for such operation without the requirement of 6 34 an accompanying person. 6 35 However, if the permittee is operating a motorcycle in 7 1 accordance with this section, the accompanying person must be 7 2 within audible and visual communications distance from the 7 3 permittee and be accompanying the permittee on or in a 7 4 different motor vehicle. Only one permittee shall be under 7 5 the immediate supervision of an accompanying qualified person. 7 6 A permittee shall not be penalized for failing to have the 7 7 instruction permit in the permittee's immediate possession if 7 8 the permittee produces in court, within a reasonable time, an 7 9 instruction permit issued to the permittee and valid at the 7 10 time of the permittee's arrest or at the time the permittee 7 11 was charged with failure to have the permit in the permittee's 7 12 immediate possession. 7 13 2. INTERMEDIATE LICENSE. The department may issue an 7 14 intermediate driver's license to a person sixteen or seventeen 7 15 years of age who possesses an instruction permit issued under 7 16 subsection 1 for a minimum of six months, and who presents an 7 17 affidavit signed by a parent or guardian on a form to be 7 18 provided by the department that the permittee has accumulated 7 19 a total of twenty hours of street or highway driving of which 7 20 two hours were conducted after sunset and before sunrise and 7 21 the street or highway driving was with the permittee's parent, 7 22 guardian, instructor, a person certified by the department, or 7 23 a person at least twenty-five years of age who had written 7 24 permission from a parent or guardian to accompany the 7 25 permittee, and whose driving privileges have not been 7 26 suspended, revoked, or barred under this chapter or chapter 7 27 321J during, and who has been accident and conviction free 7 28 continuously for, the six-month period immediately preceding 7 29 the application for an intermediate license. An applicant for 7 30 an intermediate license must meet the requirements of section 7 31 321.186, including satisfactory completion of driver education 7 32 as required in section 321.178, and payment of the required 7 33 license fee before an intermediate license will be issued. A 7 34 person issued an intermediate license must limit the number of 7 35 passengers in the motor vehicle when the intermediate licensee 8 1 is operating the motor vehicle to the number of passenger 8 2 safety belts. 8 3 Except as otherwise provided, a person issued an 8 4 intermediate license under this subsection who is operating a 8 5 motor vehicle between the hours of twelve-thirty a.m. and five 8 6 a.m. must be accompanied by a person issued a driver's license 8 7 valid for the vehicle operated who is the parent or guardian 8 8 of the permittee, a member of the permittee's immediate family 8 9 if the family member is at least twenty-one years of age, an 8 10 approved driver education instructor, a prospective driver 8 11 education instructor who is enrolled in a practitioner 8 12 preparation program with a safety education program approved 8 13 by the state board of education, or a person at least twenty- 8 14 five years of age if written permission is granted by the 8 15 parent or guardian, and who is actually occupying a seat 8 16 beside the driver. However, a licensee may operate a vehicle 8 17 to and from school-related extracurricular activities and work 8 18 without an accompanying driver between the hours of twelve- 8 19 thirty a.m. and five a.m. if such licensee possesses a waiver 8 20 on a form to be provided by the department. An accompanying 8 21 driver is not required between the hours of five a.m. and 8 22 twelve-thirty a.m. 8 23 3. REMEDIAL DRIVER IMPROVEMENT ACTION OR SUSPENSION OF 8 24 PERMIT OR INTERMEDIATE LICENSE. A person who has been issued 8 25 an instruction permit or an intermediate license under this 8 26 section, upon conviction of a moving traffic violation or 8 27 involvement in a motor vehicle accident which occurred during 8 28 the term of the instruction permit or intermediate license, 8 29 shall be subject to remedial driver improvement action or 8 30 suspension of the permit or license. A person possessing an 8 31 instruction permit who has been convicted of a moving traffic 8 32 violation or has been involved in an accident shall not be 8 33 issued an intermediate license until the person has completed 8 34 the remedial driver improvement action and has been accident 8 35 and conviction free continuously for the six-month period 9 1 immediately preceding the application for the intermediate 9 2 license. A person possessing an intermediate license who has 9 3 been convicted of a moving traffic violation or has been 9 4 involved in an accident shall not be issued a full driver's 9 5 license until the person has completed the remedial driver 9 6 improvement action and has been accident and conviction free 9 7 continuously for the twelve-month period immediately preceding 9 8 the application for a full driver's license. 9 9 4. FULL DRIVER'S LICENSE. A full driver's license may be 9 10 issued to a person seventeen years of age who possesses an 9 11 intermediate license issued under subsection 2 for a minimum 9 12 of twelve months, and who presents an affidavit signed by a 9 13 parent or guardian on a form to be provided by the department 9 14 that the intermediate licensee has accumulated a total of ten 9 15 hours of street or highway driving of which two hours were 9 16 conducted after sunset and before sunrise and the street or 9 17 highway driving was with the licensee's parent, guardian, 9 18 instructor, a person certified by the department, or a person 9 19 at least twenty-five years of age who had written permission 9 20 from a parent or guardian to accompany the licensee, whose 9 21 driving privileges have not been suspended, revoked, or barred 9 22 under this chapter or chapter 321J during, and who has been 9 23 accident and conviction free continuously for, the twelve- 9 24 month period immediately preceding the application for a full 9 25 driver's license, and who has paid the required fee. 9 26 5. CLASS M LICENSE EDUCATION REQUIREMENTS. A person under 9 27 the age of eighteen applying for an intermediate or full 9 28 driver's license valid for the operation of a motorcycle shall 9 29 be required to successfully complete a motorcycle education 9 30 course either approved and established by the department of 9 31 transportation or from a private or commercial driver 9 32 education school licensed by the department of transportation 9 33 before the class M license will be issued. A public school 9 34 district shall charge a student a fee which shall not exceed 9 35 the actual cost of instruction minus moneys received by the 10 1 school district under subsection 6. 10 2 6. MOTORCYCLE RIDER EDUCATION FUND. The motorcycle rider 10 3 education fund is established in the office of the treasurer 10 4 of state. The moneys credited to the fund are appropriated to 10 5 the state department of transportation to be used to establish 10 6 new motorcycle rider education courses and reimburse sponsors 10 7 of motorcycle rider education courses for the costs of 10 8 providing motorcycle rider education courses approved and 10 9 established by the department. The department shall adopt 10 10 rules under chapter 17A providing for the distribution of 10 11 moneys to sponsors of motorcycle rider education courses based 10 12 upon the cost of providing the education courses. 10 13 7. RULES. The department may adopt rules pursuant to 10 14 chapter 17A to administer this section. 10 15 Sec. 6. Section 321.189, subsection 6, Code Supplement 10 16 1997, is amended to read as follows: 10 17 6. LICENSES ISSUED TO PERSONS UNDER AGE TWENTY-ONE. A 10 18 motor vehicle license issued to a person under eighteen years 10 19 of age shall be identical in form to any other motor vehicle 10 20 license except that the words "under eighteen" shall appear 10 21 prominently on the face of the license. A motor vehicle 10 22 license issued to a person eighteen years of age or older but 10 23 less than twenty-one years of age shall be identical in form 10 24 to any other motor vehicle license except that the words 10 25 "under twenty-one" shall appear prominently on the face of the 10 26 license. Upon attaining the age of eighteen or upon attaining 10 27 the age of twenty-one, and upon payment of a one dollar fee, 10 28 the person shall be entitled to a new motor vehicle license or 10 29 nonoperator's identification card for the unexpired months of 10 30 the motor vehicle license or card. An instruction permit or 10 31 intermediate license issued under section 321.180B, subsection 10 32 1 or 2, shall include a distinctive color bar. An 10 33 intermediate license issued under section 321.180B, subsection 10 34 2, shall include the words "intermediate license" printed 10 35 prominently on the face of the license. 11 1 Sec. 7. Section 321.189, subsections 7 and 9, Code 11 2 Supplement 1997, are amended by striking the subsections. 11 3 Sec. 8. Section 321.194, Code 1997, is amended to read as 11 4 follows: 11 5 321.194 SPECIAL MINORS' LICENSES. 11 6 1. DRIVER'S LICENSE ISSUED FOR TRAVEL TO AND FROM SCHOOL. 11 7 Upon certification of a special need by the school board,or11 8thesuperintendent of the applicant's school, or principal, if 11 9 authorized by the superintendent, the department may issue a 11 10 class C or M driver's license to a person between the ages of 11 11 fourteen and eighteen years whose driving privileges have not 11 12 been suspended, revoked, or barred under this chapter or 11 13 chapter 321J during, and who has not been convicted of a 11 14 moving traffic violation or involved in a motor vehicle 11 15 accident for, the six-month period immediately preceding the 11 16 application for the special minor's license and who has 11 17 successfullycompletescompleted an approved driver education 11 18 course. However, the completion of a course is not required 11 19 if the applicant demonstrates to the satisfaction of the 11 20 department that completion of the course would impose a 11 21 hardship upon the applicant. The department shall adopt rules 11 22 defining the term "hardship" and establish procedures for the 11 23 demonstration and determination of when completion of the 11 24 course would impose a hardship upon an applicant. 11 25 a. The driver's license entitles the holder, while having 11 26 the license in immediate possession, to operate a motor 11 27 vehicle other than a commercial motor vehicle or as a 11 28 chauffeur: 11 29 (1) During the hours of 6 a.m. to 10 p.m. over the most 11 30 direct and accessible route between the licensee's residence 11 31 and schools of enrollment and between schools of enrollment 11 32 for the purpose of attending duly scheduled courses of 11 33 instruction and extracurricular activitiesat the schools11 34 within the school district. 11 35 (2) At any time when the licensee is accompanied in 12 1 accordance with section321.180321.180B, subsection 1,12 2paragraph "b". 12 3 b. Each application shall be accompanied by a statement 12 4 from the school board,orsuperintendent, or principal, if 12 5 authorized by the superintendent, of the applicant's school. 12 6 The statement shall be upon a form provided by the department. 12 7 The school board,orsuperintendent, or principal, if 12 8 authorized by the superintendent, shall certify that a need 12 9 exists for the license and that the board,andsuperintendent, 12 10 and a principal authorized by the superintendent are not 12 11 responsible for actions of the applicant which pertain to the 12 12 use of the driver's license. The department of education 12 13 shall adopt rules establishing criteria for issuing a 12 14 statement of necessity. Upon receipt of a statement of 12 15 necessity, the department shall issue the driver's license. 12 16 The fact that the applicant resides at a distance less than 12 17 one mile from the applicant's schools of enrollment is prima 12 18 facie evidence of the nonexistence of necessity for the 12 19 issuance of a license. The driver's license shall not be 12 20 issued for purposes of attending a public school in a school 12 21 district other than either of the following: 12 22 (1) The district of residence of the parent or guardian of 12 23 the student. 12 24 (2) A district which is contiguous to the district of 12 25 residence of the parent or guardian of the student, if the 12 26 student is enrolled in the public school which is not the 12 27 school district of residence because of open enrollment under 12 28 section 282.18 or as a result of an election by the student's 12 29 district of residence to enter into one or more sharing 12 30 agreements pursuant to the procedures in chapter 282. 12 31 2. SUSPENSION AND REVOCATION. A driver's license issued 12 32 under this section is subject to suspension or revocation for 12 33 the same reasons and in the same manner as suspension or 12 34 revocation of any other driver's license. The department may 12 35 also suspend a driver's license issued under this section upon 13 1 receiving satisfactory evidence that the licensee has violated 13 2 the restrictions of the license or has been involved in one or 13 3 more accidents chargeable to the licensee. The department may 13 4 suspend a driver's license issued under this section upon 13 5 receiving a record of the licensee's conviction for one 13 6 violation. The department shall revoke the license upon 13 7 receiving a record of conviction for two or more violations of 13 8 a law of this state or a city ordinance regulating the 13 9 operation of motor vehicles on highways other than parking 13 10 violations as defined in section 321.210. After a person 13 11 licensed under this section receives two or more convictions 13 12 which require revocation of the person's license under this 13 13 section, the department shall not grant an application for a 13 14 new motor vehicle license until the expiration of one yearor13 15until the licensee's sixteenth birthday, whichever is the13 16longer period. 13 17 Sec. 9. Section 321.196, unnumbered paragraph 1, Code 13 18 1997, is amended to read as follows: 13 19 Except as otherwise provided, a motor vehicle license, 13 20 other than an instruction permit, chauffeur's instruction 13 21 permit, or commercial driver's instruction permit issued under 13 22 section 321.180, expires, at the option of the applicant, two 13 23 or four years from the licensee's birthday anniversary 13 24 occurring in the year of issuance if the licensee is between 13 25 the ages of seventeen years eleven months and seventy years on 13 26 the date of issuance of the license. If the licensee is under 13 27 the age of seventeen years eleven months or age seventy or 13 28 over, the license is effective for a period of two years from 13 29 the licensee's birthday anniversary occurring in the year of 13 30 issuance. Except as required in section 321.188, and except 13 31 for a motorcycle instruction permit issued in accordance with 13 32 section 321.180 or 321.180B, a motor vehicle license is 13 33 renewable without written examination or penalty within a 13 34 period of sixty days after its expiration date. A person 13 35 shall not be considered to be driving with an invalid license 14 1 during a period of sixty days following the license expiration 14 2 date. However, for a license renewed within the sixty-day 14 3 period, the date of issuance shall be considered to be the 14 4 previous birthday anniversary on which it expired. Applicants 14 5 whose licenses are restricted due to vision or other physical 14 6 deficiencies may be required to renew their licenses every two 14 7 years. For the purposes of this section the birthday 14 8 anniversary of a person born on February 29 shall be deemed to 14 9 occur on March 1. The department in its discretion may 14 10 authorize the renewal of a valid motor vehicle license other 14 11 than a commercial driver's license upon application without an 14 12 examination provided that the applicant satisfactorily passes 14 13 a vision test as prescribed by the department, files a vision 14 14 report in accordance with section 321.186A which shows that 14 15 the applicant's visual acuity level meets or exceeds those 14 16 required by the department, or is eligible for renewal by mail 14 17 pursuant to rules adopted by the department. The department 14 18 may assess an applicant a fee of no more than two dollars for 14 19 administration and mailing expenses for providing for renewal 14 20 of the applicant's driver's license by mail. 14 21 Sec. 10. NEW SECTION. 321.210C PROBATION PERIOD. 14 22 A person whose driver's license or operating privileges 14 23 have been suspended, revoked, or barred under chapter 321 for 14 24 a conviction of a moving traffic violation, or suspended, 14 25 revoked, or barred under section 321.205 or section 321.210, 14 26 subsection 1, paragraph "e", or chapter 321J, must 14 27 satisfactorily complete a twelve-month probation period 14 28 beginning immediately after the end of the period of 14 29 suspension, revocation, or bar. Upon conviction of a moving 14 30 traffic violation which occurred during the probation period, 14 31 the department may suspend the driver's license or operating 14 32 privileges for an additional period equal in duration to the 14 33 original period of suspension, revocation, or bar, or for one 14 34 year, whichever is the shorter period. 14 35 Sec. 11. Section 321.218A, Code Supplement 1997, is 15 1 amended to read as follows: 15 2 321.218A CIVIL PENALTY – DISPOSITION – REINSTATEMENT. 15 3 When the department suspends, revokes, or bars a person's 15 4 motor vehicle license or nonresident operating privilege for a 15 5 conviction under this chapter, the department shall assess the 15 6 person a civil penalty of two hundred dollars. However, for 15 7 persons age nineteen or under, the civil penalty assessed 15 8 shall be fifty dollars. The civil penalty does not apply to a 15 9 suspension issued for a violation of section 321.180B. The 15 10 money collected by the department under this section shall be 15 11 transmitted to the treasurer of state who shall deposit the 15 12 money in the general fund of the state. A temporary 15 13 restricted license shall not be issued or a motor vehicle 15 14 license or nonresident operating privilege reinstated until 15 15 the civil penalty has been paid. 15 16 Sec. 12. Section 321A.17, subsection 5, Code 1997, is 15 17 amended to read as follows: 15 18 5. An individual applying for a motor vehicle license 15 19 following a period of suspension or revocation pursuant to a 15 20 dispositional order issued under section 232.52, subsection 2, 15 21 paragraph "a", or under section 321.180B, section 321.210, 15 22 subsection 1, paragraph "d", or section 321.210A, 321.213A, 15 23 321.213B, 321.216B, or 321.513, following a period of 15 24 suspension under section 321.194, or following a period of 15 25 revocation pursuant to a court order issued under section 15 26 901.5, subsection 10, or under section 321J.2A, is not 15 27 required to maintain proof of financial responsibility under 15 28 this section. 15 29 Sec. 13. Section 805.8, subsection 2, paragraph f, Code 15 30 Supplement 1997, is amended to read as follows: 15 31 f. For violations of the conditions or restrictions of a 15 32 motor vehicle license under sections 321.180, 321.180B, 15 33 321.193, and 321.194, the scheduled fine is twenty dollars. 15 34 Sec. 14. APPLICABILITY. The provisions of this Act 15 35 relating to the issuance of any individual type of driver's 16 1 permit or license to operate a motor vehicle and to the 16 2 operation of a motor vehicle under that permit or license 16 3 shall be applied only to a person who meets the minimum age 16 4 qualification for the particular permit or license on or after 16 5 the effective date of this Act. 16 6 Sec. 15. DRIVER'S EDUCATION CURRICULUM – STUDY. 16 7 The legislative council is requested to establish an 16 8 interim study committee consisting of members of both 16 9 political parties administered throughout the state. The 16 10 study may include but is not limited to driver's education 16 11 curriculum, certification of persons by the department to 16 12 provide classroom and laboratory instruction, costs to 16 13 students and to schools, privatizing driver's education, 16 14 expansion of behind-the-wheel training and effects on 16 15 insurance rates. The committee may consult with the 16 16 department of transportation, department of education, 16 17 parents, educators, insurance executives, and other persons 16 18 the committee may believe relevant to the study of driver's 16 19 education. The committee is directed to submit its findings, 16 20 together with any recommendations, in a report to the general 16 21 assembly which convenes in January 1999. 16 22 Sec. 16. EFFECTIVE DATE. This Act takes effect January 1, 16 23 1999. 16 24 16 25 16 26 16 27 RON J. CORBETT 16 28 Speaker of the House 16 29 16 30 16 31 16 32 MARY E. KRAMER 16 33 President of the Senate 16 34 16 35 I hereby certify that this bill originated in the House and 17 1 is known as House File 2528, Seventy-seventh General Assembly. 17 2 17 3 17 4 17 5 ELIZABETH ISAACSON 17 6 Chief Clerk of the House 17 7 Approved , 1998 17 8 17 9 17 10 17 11 TERRY E. BRANSTAD 17 12 Governor
Text: HF02527 Text: HF02529 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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