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House Study Bill 576

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.177, subsection 1, Code 1997, is
  1  2 amended to read as follows:
  1  3    1.  To any person who is under the age of eighteen years,
  1  4 without the person's first having successfully completed an
  1  5 approved driver education course, in which case, the minimum
  1  6 age is sixteen years except as provided in section 321.180B.
  1  7 However, the department may issue a driver's license to
  1  8 certain minors as provided in section 321.178 or 321.194, an
  1  9 instruction permit as provided in section 321.180, subsection
  1 10 1, or a driver's license restricted to motorized bicycles as
  1 11 provided in section 321.189, subsection 8.
  1 12    Sec. 2.  Section 321.178, subsection 1, Code 1997, is
  1 13 amended to read as follows:
  1 14    1.  APPROVED COURSE.  An approved driver education course
  1 15 as programmed by the department of education shall consist of
  1 16 at least thirty clock hours of classroom instruction, and six
  1 17 twelve or more clock hours of laboratory instruction of which
  1 18 at least three clock hours shall consist of street or highway
  1 19 driving.  Classroom instruction shall include all of the
  1 20 following:
  1 21    a.  A minimum of four hours of instruction concerning
  1 22 substance abuse.
  1 23    b.  A minimum of twenty minutes of instruction concerning
  1 24 railroad crossing safety.
  1 25    c.  Instruction relating to becoming an organ donor under
  1 26 the uniform anatomical gift Act.
  1 27    After the student has completed three clock hours of street
  1 28 or highway driving and has demonstrated to the instructor an
  1 29 ability to properly operate a motor vehicle and upon written
  1 30 request of a parent or guardian, the instructor may waive the
  1 31 remaining required laboratory instruction.
  1 32    To be qualified as a classroom driver education instructor,
  1 33 a person shall have satisfied the educational requirements for
  1 34 a teaching license at the secondary level and hold a valid
  1 35 license to teach driver education in the public schools of
  2  1 this state.
  2  2    Every public school district in Iowa shall offer or make
  2  3 available to all students residing in the school district or
  2  4 Iowa students attending a nonpublic school in the district an
  2  5 approved course in driver education.  The courses may be
  2  6 offered at sites other than at the public school, including
  2  7 nonpublic school facilities within the public school
  2  8 districts.  An approved course offered during the summer
  2  9 months, on Saturdays, after regular school hours during the
  2 10 regular terms or partly in one term or summer vacation period
  2 11 and partly in the succeeding term or summer vacation period,
  2 12 as the case may be, shall satisfy the requirements of this
  2 13 section to the same extent as an approved course offered
  2 14 during the regular school hours of the school term.  A student
  2 15 who successfully completes and obtains certification in an
  2 16 approved course in driver education or an approved course in
  2 17 motorcycle education may, upon proof of such fact, be excused
  2 18 from any field test which the student would otherwise be
  2 19 required to take in demonstrating the student's ability to
  2 20 operate a motor vehicle.  Street or highway driving
  2 21 instruction may be provided by a person qualified as a
  2 22 classroom driver education instructor or a person certified by
  2 23 the department of transportation.  The department of
  2 24 transportation shall adopt rules pursuant to chapter 17A to
  2 25 provide for certification of persons qualified to provide
  2 26 street or highway driving instruction.
  2 27    "Student," for purposes of this section, means a person
  2 28 between the ages of fourteen years and twenty-one years who
  2 29 resides in the public school district and who satisfies the
  2 30 preliminary licensing requirements of the department of
  2 31 transportation.
  2 32    Any person who successfully completes an approved driver
  2 33 education course at a private or commercial driver education
  2 34 school licensed by the department of transportation, shall
  2 35 likewise be eligible for a driver's license at the age of
  3  1 sixteen years, providing the instructor in charge of the
  3  2 student's training has satisfied the educational requirements
  3  3 for a teaching certificate at the secondary level and holds a
  3  4 valid certificate to teach driver education in the public
  3  5 schools of Iowa as provided in section 321.180B or 321.194.
  3  6    Sec. 3.  Section 321.180, subsection 1, Code 1997, is
  3  7 amended to read as follows:
  3  8    1.  a.  A person who is at least fourteen eighteen years of
  3  9 age and who, except for the person's lack of instruction in
  3 10 operating a motor vehicle, would be qualified to obtain a
  3 11 driver's license, shall, upon meeting the requirements of
  3 12 section 321.186 other than a driving demonstration, and upon
  3 13 paying the required fee, be issued an instruction permit by
  3 14 the department.  Subject to the limitations in this
  3 15 subsection, an instruction permit entitles the permittee,
  3 16 while having the permit in the permittee's immediate
  3 17 possession, to operate a motor vehicle, other than a
  3 18 commercial motor vehicle or as a chauffeur or a motor vehicle
  3 19 with a gross vehicle weight rating of sixteen thousand one or
  3 20 more pounds, upon the highways for a period not to exceed two
  3 21 years from the licensee's birthday anniversary in the year of
  3 22 issuance.  If the applicant for an instruction permit holds a
  3 23 driver's license issued in this state valid for the operation
  3 24 of a motorized bicycle or a motorcycle, the instruction permit
  3 25 shall be valid for such operation without the need of an
  3 26 accompanying person.
  3 27    A permittee shall not be penalized for failing to have the
  3 28 instruction permit in immediate possession if the permittee
  3 29 produces in court, within a reasonable time, an instruction
  3 30 permit issued to the permittee and valid at the time of the
  3 31 permittee's arrest or at the time the permittee was charged
  3 32 with failure to have the permit in the permittee's immediate
  3 33 possession.
  3 34    b.  Except as otherwise provided, a permittee who is
  3 35 sixteen eighteen years of age or older must be accompanied by
  4  1 a person issued a motor vehicle license valid for the vehicle
  4  2 operated who is a member of the permittee's immediate family
  4  3 if the family member is at least twenty-one years of age, an
  4  4 approved driver education instructor, a prospective driver
  4  5 education instructor who is enrolled in a practitioner
  4  6 preparation program with a safety education program approved
  4  7 by the state board of education, or a person at least eighteen
  4  8 twenty-five years of age, and who is actually occupying a seat
  4  9 beside the driver.  Except as otherwise provided, a permittee
  4 10 who is less than sixteen years of age must be accompanied by a
  4 11 person issued a motor vehicle license valid for the vehicle
  4 12 operated who is the parent or guardian of the permittee,
  4 13 member of the permittee's immediate family if the family
  4 14 member is at least twenty-one years of age, an approved driver
  4 15 education instructor, a prospective driver education
  4 16 instructor who is enrolled in a practitioner preparation
  4 17 program with a safety education program approved by the state
  4 18 board of education, or a person who is twenty-five years of
  4 19 age or more if written permission is granted by the parent or
  4 20 guardian, and who is actually occupying a seat beside the
  4 21 driver.
  4 22    However, if the permittee is operating a motorcycle in
  4 23 accordance with this section or section 321.180B, the
  4 24 accompanying person must be within audible and visual
  4 25 communications distance from the permittee and be accompanying
  4 26 the permittee on or in a different motor vehicle.  Only one
  4 27 permittee shall be under the immediate supervision of an
  4 28 accompanying qualified person, unless the qualified person is
  4 29 an approved motorcycle or driver education instructor or a
  4 30 prospective motorcycle or driver education instructor who is
  4 31 enrolled in a practitioner preparation program with a safety
  4 32 education program approved by the state board of education,
  4 33 and the permittee is enrolled in an approved motorcycle or
  4 34 driver education course, in which case no more than three
  4 35 students shall be under the immediate supervision of each
  5  1 instructor while on the highway.
  5  2    Sec. 4.  Section 321.180, Code 1997, is amended by adding
  5  3 the following new subsection:
  5  4    NEW SUBSECTION.  5.  A motorcycle instruction permit issued
  5  5 under this section is not renewable.
  5  6    Sec. 5.  NEW SECTION.  321.180B  GRADUATED DRIVER'S
  5  7 LICENSES FOR PERSONS AGED FOURTEEN THROUGH SEVENTEEN.
  5  8    Persons under age eighteen shall not be issued a license or
  5  9 permit to operate a motor vehicle except under the provisions
  5 10 of this section.  However, the department may issue restricted
  5 11 and special driver's licenses to certain minors as provided in
  5 12 sections 321.178 and 321.194, and driver's licenses restricted
  5 13 to motorized bicycles as provided in section 321.189.  A
  5 14 license or permit shall not be issued under this section or
  5 15 section 321.178 or 321.194 without the consent of a parent or
  5 16 guardian.  An additional consent is required each time a
  5 17 license or permit is issued under this section or section
  5 18 321.178 or 321.194.  The consent must be signed by at least
  5 19 one parent or guardian on an affidavit form provided by the
  5 20 department.
  5 21    1.  INSTRUCTION PERMIT.  The department may issue an
  5 22 instruction permit to an applicant between the ages of
  5 23 fourteen and eighteen years if the applicant meets the
  5 24 requirements of sections 321.184 and 321.186, other than a
  5 25 driving demonstration, and pays the required fee.  An
  5 26 instruction permit issued under this section shall be valid
  5 27 for a period not to exceed two years from the licensee's
  5 28 birthday anniversary in the year of issuance.  A motorcycle
  5 29 instruction permit issued under this section is not renewable.
  5 30    Subject to the limitations in this subsection, an
  5 31 instruction permit entitles the permittee, while having the
  5 32 permit in the permittee's immediate possession, to operate a
  5 33 motor vehicle other than a commercial motor vehicle or as a
  5 34 chauffeur or a motor vehicle with a gross vehicle weight
  5 35 rating of sixteen thousand one or more pounds upon the
  6  1 highways.
  6  2    Except as otherwise provided, a permittee who is less than
  6  3 eighteen years of age and who is operating a motor vehicle
  6  4 must be accompanied by a person issued a driver's license
  6  5 valid for the vehicle operated who is the parent or guardian
  6  6 of the permittee, member of the permittee's immediate family
  6  7 if the family member is at least twenty-one years of age, an
  6  8 approved driver education instructor, a prospective driver
  6  9 education instructor who is enrolled in a practitioner
  6 10 preparation program with a safety education program approved
  6 11 by the state board of education, or a person at least twenty-
  6 12 five years of age if written permission is granted by the
  6 13 parent or guardian, and who is actually occupying a seat
  6 14 beside the driver.  If the applicant for an instruction permit
  6 15 holds a driver's license issued in this state valid for the
  6 16 operation of a motorized bicycle or a motorcycle, the
  6 17 instruction permit shall be valid for such operation without
  6 18 the requirement of an accompanying person.
  6 19    However, if the permittee is operating a motorcycle in
  6 20 accordance with this section, the accompanying person must be
  6 21 within audible and visual communications distance from the
  6 22 permittee and be accompanying the permittee on or in a
  6 23 different motor vehicle.  Only one permittee shall be under
  6 24 the immediate supervision of an accompanying qualified person.
  6 25    A permittee shall not be penalized for failing to have the
  6 26 instruction permit in the permittee's immediate possession if
  6 27 the permittee produces in court, within a reasonable time, an
  6 28 instruction permit issued to the permittee and valid at the
  6 29 time of the permittee's arrest or at the time the permittee
  6 30 was charged with failure to have the permit in the permittee's
  6 31 immediate possession.
  6 32    2.  INTERMEDIATE LICENSE.  The department may issue an
  6 33 intermediate driver's license to a person sixteen or seventeen
  6 34 years of age who possesses an instruction permit issued under
  6 35 subsection 1 for a minimum of six months, and whose driving
  7  1 privileges have not been suspended, revoked, or barred under
  7  2 this chapter or chapter 321J during, and who has been accident
  7  3 and conviction free continuously for, the six-month period
  7  4 immediately preceding the application for an intermediate
  7  5 license.  An applicant for an intermediate license must meet
  7  6 the requirements of section 321.186, including vision
  7  7 screening, an advanced knowledge examination, a driving
  7  8 demonstration, satisfactory completion of driver education as
  7  9 required in section 321.178, and payment of the required
  7 10 license fee before an intermediate license will be issued.
  7 11    Except as otherwise provided, a person issued an
  7 12 intermediate license under this subsection who is operating a
  7 13 motor vehicle between the hours of midnight and six a.m. must
  7 14 be accompanied by a person issued a driver's license valid for
  7 15 the vehicle operated who is the parent or guardian of the
  7 16 permittee, a member of the permittee's immediate family if the
  7 17 family member is at least twenty-one years of age, an approved
  7 18 driver education instructor, a prospective driver education
  7 19 instructor who is enrolled in a practitioner preparation
  7 20 program with a safety education program approved by the state
  7 21 board of education, or a person at least twenty-five years of
  7 22 age if written permission is granted by the parent or
  7 23 guardian, and who is actually occupying a seat beside the
  7 24 driver.  An accompanying driver is not required between the
  7 25 hours of six a.m. and midnight.
  7 26    3.  REMEDIAL DRIVER IMPROVEMENT ACTION OR SUSPENSION OF
  7 27 PERMIT OR INTERMEDIATE LICENSE.  A person who has been issued
  7 28 an instruction permit or an intermediate license under this
  7 29 section, upon conviction of a moving traffic violation or
  7 30 involvement in a motor vehicle accident which occurred during
  7 31 the term of the instruction permit or intermediate license,
  7 32 shall be subject to remedial driver improvement action or
  7 33 suspension of the permit or license.  A person possessing an
  7 34 instruction permit who has been convicted of a moving traffic
  7 35 violation or has been involved in an accident shall not be
  8  1 issued an intermediate license until the person has completed
  8  2 the remedial driver improvement action and has been accident
  8  3 and conviction free continuously for the six-month period
  8  4 immediately preceding the application for the intermediate
  8  5 license.  A person possessing an intermediate license who has
  8  6 been convicted of a moving traffic violation or has been
  8  7 involved in an accident shall not be issued a full driver's
  8  8 license until the person has completed the remedial driver
  8  9 improvement action and has been accident and conviction free
  8 10 continuously for the twelve-month period immediately preceding
  8 11 the application for a full driver's license.
  8 12    4.  FULL DRIVER'S LICENSE.  A full driver's license may be
  8 13 issued to a person seventeen years of age who possesses an
  8 14 intermediate license issued under subsection 2 for a minimum
  8 15 of twelve months, whose driving privileges have not been
  8 16 suspended, revoked, or barred under this chapter or chapter
  8 17 321J during, and who has been accident and conviction free
  8 18 continuously for, the twelve-month period immediately
  8 19 preceding the application for a full driver's license, and who
  8 20 has paid the required license fee.
  8 21    5.  CLASS M LICENSE EDUCATION REQUIREMENTS.  A person under
  8 22 the age of eighteen applying for an intermediate or full
  8 23 driver's license valid for the operation of a motorcycle shall
  8 24 be required to successfully complete a motorcycle education
  8 25 course either approved and established by the department of
  8 26 transportation or from a private or commercial driver
  8 27 education school licensed by the department of transportation
  8 28 before the class M license will be issued.  A public school
  8 29 district shall charge a student a fee which shall not exceed
  8 30 the actual cost of instruction minus moneys received by the
  8 31 school district under subsection 6.
  8 32    6.  MOTORCYCLE RIDER EDUCATION FUND.  The motorcycle rider
  8 33 education fund is established in the office of the treasurer
  8 34 of state.  The moneys credited to the fund are appropriated to
  8 35 the state department of transportation to be used to establish
  9  1 new motorcycle rider education courses and reimburse sponsors
  9  2 of motorcycle rider education courses for the costs of
  9  3 providing motorcycle rider education courses approved and
  9  4 established by the department.  The department shall adopt
  9  5 rules under chapter 17A providing for the distribution of
  9  6 moneys to sponsors of motorcycle rider education courses based
  9  7 upon the cost of providing the education courses.
  9  8    7.  RULES.  The department may adopt rules pursuant to
  9  9 chapter 17A to administer this section.
  9 10    Sec. 6.  Section 321.189, subsection 6, Code Supplement
  9 11 1997, is amended to read as follows:
  9 12    6.  LICENSES ISSUED TO PERSONS UNDER AGE TWENTY-ONE.  A
  9 13 motor vehicle license issued to a person under eighteen years
  9 14 of age shall be identical in form to any other motor vehicle
  9 15 license except that the words "under eighteen" shall appear
  9 16 prominently on the face of the license.  A motor vehicle
  9 17 license issued to a person eighteen years of age or older but
  9 18 less than twenty-one years of age shall be identical in form
  9 19 to any other motor vehicle license except that the words
  9 20 "under twenty-one" shall appear prominently on the face of the
  9 21 license.  Upon attaining the age of eighteen or upon attaining
  9 22 the age of twenty-one, and upon payment of a one dollar fee,
  9 23 the person shall be entitled to a new motor vehicle license or
  9 24 nonoperator's identification card for the unexpired months of
  9 25 the motor vehicle license or card.  An instruction permit or
  9 26 intermediate license issued under section 321.180B, subsection
  9 27 1 or 2, shall include a distinctive color bar.  An
  9 28 intermediate license issued under section 321.180B, subsection
  9 29 2, shall include the words "intermediate license" printed
  9 30 prominently on the face of the license.
  9 31    Sec. 7.  Section 321.189, subsections 7 and 9, Code
  9 32 Supplement 1997, are amended by striking the subsections.
  9 33    Sec. 8.  Section 321.194, Code 1997, is amended to read as
  9 34 follows:
  9 35    321.194  SPECIAL MINORS' LICENSES.
 10  1    1.  DRIVER'S LICENSE ISSUED FOR TRAVEL TO AND FROM SCHOOL.
 10  2 Upon certification of a special need by the school board or
 10  3 the superintendent of the applicant's school, the department
 10  4 may issue a class C or M driver's license to a person between
 10  5 the ages of fourteen fifteen and eighteen years whose driving
 10  6 privileges have not been suspended, revoked, or barred under
 10  7 this chapter or chapter 321J during, and who has not been
 10  8 convicted of a moving traffic violation or involved in a motor
 10  9 vehicle accident for, the six-month period immediately
 10 10 preceding the application for the special minor's license and
 10 11 who has successfully completes completed an approved driver
 10 12 education course.  However, the completion of a course is not
 10 13 required if the applicant demonstrates to the satisfaction of
 10 14 the department that completion of the course would impose a
 10 15 hardship upon the applicant.  The department shall adopt rules
 10 16 defining the term "hardship" and establish procedures for the
 10 17 demonstration and determination of when completion of the
 10 18 course would impose a hardship upon an applicant.
 10 19    a.  The driver's license entitles the holder, while having
 10 20 the license in immediate possession, to operate a motor
 10 21 vehicle other than a commercial motor vehicle or as a
 10 22 chauffeur:
 10 23    (1)  During the hours of 6 a.m. to 10 p.m. over the most
 10 24 direct and accessible route between the licensee's residence
 10 25 and schools of enrollment and between schools of enrollment
 10 26 for the purpose of attending duly scheduled courses of
 10 27 instruction and extracurricular activities at the schools.
 10 28    (2)  At any time when the licensee is accompanied in
 10 29 accordance with section 321.180 321.180B, subsection 1,
 10 30 paragraph "b".
 10 31    b.  Each application shall be accompanied by a statement
 10 32 from the school board or superintendent of the applicant's
 10 33 school.  The statement shall be upon a form provided by the
 10 34 department.  The school board or superintendent shall certify
 10 35 that a need exists for the license and that the board and
 11  1 superintendent are not responsible for actions of the
 11  2 applicant which pertain to the use of the driver's license.
 11  3 The department of education shall adopt rules establishing
 11  4 criteria for issuing a statement of necessity.  Upon receipt
 11  5 of a statement of necessity, the department shall issue the
 11  6 driver's license.  The fact that the applicant resides at a
 11  7 distance less than one mile from the applicant's schools of
 11  8 enrollment is prima facie evidence of the nonexistence of
 11  9 necessity for the issuance of a license.  The driver's license
 11 10 shall not be issued for purposes of attending a public school
 11 11 in a school district other than either of the following:
 11 12    (1)  The district of residence of the parent or guardian of
 11 13 the student.
 11 14    (2)  A district which is contiguous to the district of
 11 15 residence of the parent or guardian of the student, if the
 11 16 student is enrolled in the public school which is not the
 11 17 school district of residence because of open enrollment under
 11 18 section 282.18 or as a result of an election by the student's
 11 19 district of residence to enter into one or more sharing
 11 20 agreements pursuant to the procedures in chapter 282.
 11 21    2.  SUSPENSION AND REVOCATION.  A driver's license issued
 11 22 under this section is subject to suspension or revocation for
 11 23 the same reasons and in the same manner as suspension or
 11 24 revocation of any other driver's license.  The department may
 11 25 also suspend a driver's license issued under this section upon
 11 26 receiving satisfactory evidence that the licensee has violated
 11 27 the restrictions of the license or has been involved in one or
 11 28 more accidents chargeable to the licensee.  The department may
 11 29 suspend a driver's license issued under this section upon
 11 30 receiving a record of the licensee's conviction for one
 11 31 violation.  The department shall revoke the license upon
 11 32 receiving a record of conviction for two or more violations of
 11 33 a law of this state or a city ordinance regulating the
 11 34 operation of motor vehicles on highways other than parking
 11 35 violations as defined in section 321.210.  After a person
 12  1 licensed under this section receives two or more convictions
 12  2 which require revocation of the person's license under this
 12  3 section, the department shall not grant an application for a
 12  4 new motor vehicle license until the expiration of one year or
 12  5 until the licensee's sixteenth birthday, whichever is the
 12  6 longer period.
 12  7    Sec. 9.  Section 321.196, unnumbered paragraph 1, Code
 12  8 1997, is amended to read as follows:
 12  9    Except as otherwise provided, a motor vehicle license,
 12 10 other than an instruction permit, chauffeur's instruction
 12 11 permit, or commercial driver's instruction permit issued under
 12 12 section 321.180, expires, at the option of the applicant, two
 12 13 or four years from the licensee's birthday anniversary
 12 14 occurring in the year of issuance if the licensee is between
 12 15 the ages of seventeen years eleven months and seventy years on
 12 16 the date of issuance of the license.  If the licensee is under
 12 17 the age of seventeen years eleven months or age seventy or
 12 18 over, the license is effective for a period of two years from
 12 19 the licensee's birthday anniversary occurring in the year of
 12 20 issuance.  Except as required in section 321.188, and except
 12 21 for a motorcycle instruction permit issued in accordance with
 12 22 section 321.180 or 321.180B, a motor vehicle license is
 12 23 renewable without written examination or penalty within a
 12 24 period of sixty days after its expiration date.  A person
 12 25 shall not be considered to be driving with an invalid license
 12 26 during a period of sixty days following the license expiration
 12 27 date.  However, for a license renewed within the sixty-day
 12 28 period, the date of issuance shall be considered to be the
 12 29 previous birthday anniversary on which it expired.  Applicants
 12 30 whose licenses are restricted due to vision or other physical
 12 31 deficiencies may be required to renew their licenses every two
 12 32 years.  For the purposes of this section the birthday
 12 33 anniversary of a person born on February 29 shall be deemed to
 12 34 occur on March 1.  The department in its discretion may
 12 35 authorize the renewal of a valid motor vehicle license other
 13  1 than a commercial driver's license upon application without an
 13  2 examination provided that the applicant satisfactorily passes
 13  3 a vision test as prescribed by the department, files a vision
 13  4 report in accordance with section 321.186A which shows that
 13  5 the applicant's visual acuity level meets or exceeds those
 13  6 required by the department, or is eligible for renewal by mail
 13  7 pursuant to rules adopted by the department.  The department
 13  8 may assess an applicant a fee of no more than two dollars for
 13  9 administration and mailing expenses for providing for renewal
 13 10 of the applicant's driver's license by mail.
 13 11    Sec. 10.  NEW SECTION.  321.210C  PROBATION PERIOD.
 13 12    A person whose driver's license or operating privileges
 13 13 have been suspended, revoked, or barred under chapter 321 for
 13 14 a conviction of a moving traffic violation, or suspended,
 13 15 revoked, or barred under section 321.205 or section 321.210,
 13 16 subsection 1, paragraph "e", or chapter 321J, must
 13 17 satisfactorily complete a twelve-month probation period
 13 18 beginning immediately after the end of the period of
 13 19 suspension, revocation, or bar.  Upon conviction of a moving
 13 20 traffic violation which occurred during the probation period,
 13 21 the department may suspend the driver's license or operating
 13 22 privileges for an additional period equal in duration to the
 13 23 original period of suspension, revocation, or bar, or for one
 13 24 year, whichever is the shorter period.
 13 25    Sec. 11.  Section 321.218A, Code Supplement 1997, is
 13 26 amended to read as follows:
 13 27    321.218A  CIVIL PENALTY – DISPOSITION – REINSTATEMENT.
 13 28    When the department suspends, revokes, or bars a person's
 13 29 motor vehicle license or nonresident operating privilege for a
 13 30 conviction under this chapter, the department shall assess the
 13 31 person a civil penalty of two hundred dollars.  However, for
 13 32 persons age nineteen or under, the civil penalty assessed
 13 33 shall be fifty dollars.  The civil penalty does not apply to a
 13 34 suspension issued for a violation of section 321.180B.  The
 13 35 money collected by the department under this section shall be
 14  1 transmitted to the treasurer of state who shall deposit the
 14  2 money in the general fund of the state.  A temporary
 14  3 restricted license shall not be issued or a motor vehicle
 14  4 license or nonresident operating privilege reinstated until
 14  5 the civil penalty has been paid.
 14  6    Sec. 12.  Section 321A.17, subsection 5, Code 1997, is
 14  7 amended to read as follows:
 14  8    5.  An individual applying for a motor vehicle license
 14  9 following a period of suspension or revocation pursuant to a
 14 10 dispositional order issued under section 232.52, subsection 2,
 14 11 paragraph "a", or under section 321.180B, section 321.210,
 14 12 subsection 1, paragraph "d", or section 321.210A, 321.213A,
 14 13 321.213B, 321.216B, or 321.513, following a period of
 14 14 suspension under section 321.194, or following a period of
 14 15 revocation pursuant to a court order issued under section
 14 16 901.5, subsection 10, or under section 321J.2A, is not
 14 17 required to maintain proof of financial responsibility under
 14 18 this section.
 14 19    Sec. 13.  Section 805.8, subsection 2, paragraph f, Code
 14 20 Supplement 1997, is amended to read as follows:
 14 21    f.  For violations of the conditions or restrictions of a
 14 22 motor vehicle license under sections 321.180, 321.180B,
 14 23 321.193, and 321.194, the scheduled fine is twenty dollars.
 14 24    Sec. 14.  APPLICABILITY.  The provisions of this Act
 14 25 relating to the issuance of any individual type of driver's
 14 26 permit or license to operate a motor vehicle and to the
 14 27 operation of a motor vehicle under that permit or license
 14 28 shall be applied only to a person who meets the minimum age
 14 29 qualification for the particular permit or license on or after
 14 30 the effective date of this Act.
 14 31    Sec. 15.  EFFECTIVE DATE.  This Act takes effect January 1,
 14 32 1999.  
 14 33                           EXPLANATION
 14 34    This bill establishes a graduated driver's license for
 14 35 young drivers and makes penalties applicable.
 15  1    Code section 321.180B is created to control the issuance of
 15  2 all permits and licenses to persons under age 18.  The new
 15  3 Code section directly regulates the issuance of instruction
 15  4 permits to persons between the ages of 14 and 18, intermediate
 15  5 licenses to persons 16 or 17 years of age, and full driver's
 15  6 licenses to persons 17 years of age.  The new Code section
 15  7 generally requires the consent of a parent or guardian each
 15  8 time any type of license or permit is issued to a person under
 15  9 18 years of age.  The new Code section also references the
 15 10 following Code sections:
 15 11    Restricted Licenses.  Code section 321.178, which is not
 15 12 amended substantively and continues to regulate the issuance
 15 13 of restricted licenses to persons between the ages of 16 and
 15 14 18, who have not completed an approved driver's education
 15 15 course, to allow the persons to travel to and from work or to
 15 16 transport dependents to and from temporary care facilities.
 15 17    Motorized Bicycle Licenses.  Code section 321.189, which is
 15 18 not amended substantively and continues to regulate the
 15 19 issuance of a motorized bicycle driver's license to persons 14
 15 20 years of age and older.
 15 21    Special Minor's School License.  Code section 321.194,
 15 22 which is amended substantively.  Currently, a special minor's
 15 23 license may be issued to persons between the ages of 14 and 18
 15 24 for the operation of a noncommercial motor vehicle or
 15 25 motorcycle to and from school and extracurricular activities
 15 26 between the hours of 6 a.m. and 10 p.m., if they have
 15 27 completed an approved driver education course or demonstrate
 15 28 that requiring such completion would impose a hardship.  The
 15 29 amendment to the Code section only allows issuance to a person
 15 30 aged 15 or older and only if the person has the consent of a
 15 31 parent or guardian and has not had the person's driving
 15 32 privileges suspended, revoked, or barred under Code chapter
 15 33 321 or 321J during, and who has not been convicted of a moving
 15 34 traffic violation or involved in a motor vehicle accident for,
 15 35 the six-month period immediately preceding the date of
 16  1 application for the special minor's license.  After revocation
 16  2 of the license for two or more serious violations, a new
 16  3 license cannot be issued for one year.
 16  4    Instruction Permits.  New Code section 321.180B(1)
 16  5 regulates the issuance of instruction permits to persons
 16  6 between the ages of 14 and 18.  Currently, a permittee 14 or
 16  7 15 years of age must be accompanied by a driver who is a
 16  8 parent or guardian, an immediate family member at least 21
 16  9 years of age, an approved driver education instructor or one
 16 10 in approved training, or a person at least 25 years of age
 16 11 with the written permission of the person's parent or
 16 12 guardian.  Currently, a permittee 16 years of age or older
 16 13 must be accompanied by a driver 18 years of age.  The new Code
 16 14 section applies the qualifications currently applicable to
 16 15 drivers accompanying 14-year-olds or 15-year-olds to drivers
 16 16 accompanying 16-year-olds or 17-year-olds.  Code section
 16 17 321.189(1) is also similarly amended with respect to persons
 16 18 accompanying drivers possessing a special minor's school
 16 19 license during hours other than 6 a.m. to 10 p.m. or on routes
 16 20 not to and from school or extracurricular activities.
 16 21    Current Code section 321.180(1) is amended to require that
 16 22 a person with an instruction permit who is 18 years of age or
 16 23 older be accompanied by an immediate family member at least 21
 16 24 years of age, an approved driver education instructor or one
 16 25 in approved training, or a person at least 25 years of age.
 16 26 Only one motorcycle instruction permittee may be supervised by
 16 27 an accompanying person at any one time.
 16 28    Current Code section 321.180 is amended to provide and new
 16 29 Code section 321.180B provides that whereas other instruction
 16 30 permits are valid for two years and are renewable, motorcycle
 16 31 instruction permits issued under those sections are not
 16 32 renewable.
 16 33    Intermediate Licenses.  New Code section 321.180B(2)
 16 34 regulates the issuance of intermediate licenses to persons 16
 16 35 or 17 years of age.  An intermediate license may only be
 17  1 issued to such a person who possesses an instruction permit
 17  2 for at least six months, has the consent of a parent or
 17  3 guardian, and has not had the person's driving privileges
 17  4 suspended, revoked, or barred under Code chapter 321 or 321J
 17  5 during, and has been accident and conviction free continuously
 17  6 for, six months.  The applicant must also be competent to
 17  7 operate a motor vehicle, and pass the vision test, an advanced
 17  8 knowledge examination, and a driving demonstration, and must
 17  9 have satisfactorily completed an approved driver education
 17 10 course.  A driver issued an intermediate license may drive
 17 11 without an accompanying driver between the hours of 6 a.m. and
 17 12 midnight, but between the hours of midnight and 6 a.m. must be
 17 13 accompanied by a driver who is a parent or guardian, an
 17 14 immediate family member at least 21 years of age, an approved
 17 15 driver education instructor or one in approved training, or a
 17 16 person at least 25 years of age with the written permission of
 17 17 the person's parent or guardian, the same accompanying drivers
 17 18 who are required to accompany persons under age 18 with
 17 19 instruction permits under new Code section 321.180B.
 17 20    Remedial Driver Improvement Action or Suspension of
 17 21 Instruction Permit or Intermediate License.  New Code section
 17 22 321.180B(3) provides that upon conviction of a moving traffic
 17 23 violation or involvement in a motor vehicle accident, a person
 17 24 possessing an instruction permit or intermediate license shall
 17 25 be subject to remedial driver improvement action or suspension
 17 26 of the permit or license.  In addition such a person
 17 27 possessing an instruction permit shall not be issued an
 17 28 intermediate license until the person has completed the
 17 29 remedial driver improvement action and has the consent of a
 17 30 parent or guardian and has not had the person's driving
 17 31 privileges suspended, revoked, or barred under Code chapter
 17 32 321 or 321J during, and has been accident and conviction free
 17 33 for, six months.  Such a person possessing an intermediate
 17 34 license shall not be issued a full driver's license until the
 17 35 person has been accident and conviction free for 12 months.
 18  1    Civil Penalty and Financial Responsibility.  Code section
 18  2 321.218A is amended to provide that a suspension issued for a
 18  3 violation of new Code section 321.180B does not carry the
 18  4 civil penalty of $50 applicable to other suspensions under
 18  5 Code chapter 321.  Code section 321A.17 is amended to provide
 18  6 that a person who has violated new Code section 321.180B and
 18  7 whose driver's license or operating privileges have been
 18  8 suspended or revoked is not required to maintain proof of
 18  9 financial responsibility under Code chapter 321A.  Code
 18 10 section 805.8(2)(f) is amended to apply a $20 scheduled fine
 18 11 to operating a motor vehicle in violation of the conditions or
 18 12 restrictions of Code section 321.180B.
 18 13    Full Driver's Licenses.  New Code section 321.180B(4)
 18 14 provides that an unrestricted or full license may be issued to
 18 15 a person 17 years of age who possesses an intermediate license
 18 16 for at least 12 months and has the consent of a parent or
 18 17 guardian and has not had the person's driving privileges
 18 18 suspended, revoked, or barred under Code chapter 321 or 321J
 18 19 during, and who has been accident and conviction free for, 12
 18 20 months.
 18 21    Motorcycle Education.  New Code section 321.180B(5)
 18 22 provides, and current Code section 321.189(7) is amended
 18 23 correspondingly, to provide that the motorcycle education
 18 24 requirements currently applicable to persons under 18 years of
 18 25 age applying for a driver's license valid for the operation of
 18 26 a motorcycle will apply to persons under 18 years of age
 18 27 applying for either an intermediate or a full driver's license
 18 28 valid for the operation of a motorcycle.
 18 29    Motorcycle Rider Education Fund.  The current Code
 18 30 provision establishing the motorcycle rider education fund is
 18 31 moved from current Code section 321.189(9) to new Code section
 18 32 321.180B(6).
 18 33    Driver Education Courses.  Code section 321.178 is amended
 18 34 to increase the number of hours required for street or highway
 18 35 driving instruction from six to 12 hours, to strike the
 19  1 excusal from certain extended hours of street or highway
 19  2 driving instruction and from a field test demonstrating a
 19  3 student's ability to operate a motor vehicle for persons
 19  4 successfully completing an approved driver education course,
 19  5 and to allow the department of transportation to certify
 19  6 persons to provide street or highway driving instruction other
 19  7 than persons qualified as classroom driver education
 19  8 instructors.
 19  9    Distinctive Features on Permits and Intermediate Licenses.
 19 10 Code section 321.189(6) is amended to provide that instruction
 19 11 permits must be color bar coded and that intermediate licenses
 19 12 must be color bar coded and must contain the words
 19 13 "intermediate license" printed on the face of the licenses.
 19 14    Probation Period.  New Code section 321.210C is created to
 19 15 require a probation period for any person whose driver's
 19 16 license or operating privileges have been suspended, revoked,
 19 17 or barred under Code chapter 321 for a moving traffic
 19 18 violation, or suspended or revoked under Code section 321.205
 19 19 or 321.210 for a violation in another state, or suspended,
 19 20 revoked, or barred under Code chapter 321J relating to
 19 21 operating a motor vehicle while intoxicated (OWI).  If the
 19 22 person is convicted of a moving traffic violation during the
 19 23 probation period, the department is authorized to suspend the
 19 24 driver's license or operating privileges of the person for an
 19 25 additional period equal to the original period of suspension,
 19 26 revocation, or bar, or for one year, whichever is shorter.
 19 27    The bill takes effect January 1, 1999, and applies to the
 19 28 issuance of any individual type of driver's permit or license
 19 29 and operation of a motor vehicle under that permit or license
 19 30 to a person who meets the minimum age qualification for that
 19 31 particular permit or license on or after the effective date of
 19 32 the bill.  
 19 33 LSB 3439XL 77
 19 34 jm/jl/8.2
     

Text: HSB00575                          Text: HSB00577
Text: HSB00500 - HSB00599               Text: HSB Index
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