Text: HSB00514 Text: HSB00516 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.12, subsection 3, paragraph a, Code 1 2 1999, is amended to read as follows: 1 3 a. Records concerning suspensions authorized under section 1 4 321.210, subsection 1, paragraph"g","f", and section 1 5 321.210A may be destroyed six months after the suspension is 1 6 terminated and the requirements of section 321.191 have been 1 7 satisfied. 1 8 Sec. 2. Section 321.180A, subsections 1 and 3, Code 1999, 1 9 are amended to read as follows: 1 10 1. Notwithstanding other provisions of this chapter, a 1 11 person with a physical or mental disability, who is not 1 12 suffering from a convulsive disorder and who can provide a 1 13 favorable medical report, whose license renewal has been 1 14 denied under section 321.177, subsection 6 or 7, orwhose1 15driver's license has been suspended under section 321.210,1 16subsection 1, paragraph "c",whose driver's license has been 1 17 denied, suspended, revoked, or limited under section 321.186B, 1 18 upon meeting the requirements of section 321.186, other than a 1 19 driving demonstration or the person's limitations which caused 1 20 the denial under section 321.177, subsection 6 or 7, or 1 21suspension under section 321.210, subsection 1, paragraph "c",1 22 the denial, suspension, revocation, or limitation under 1 23 section 321.186B, and upon paying the fee required in section 1 24 321.191, shall be issued a special instruction permit by the 1 25 department. Upon issuance of the permit the denial,or1 26 suspension, revocation, or limitation shall be stayed and the 1 27 stay shall remain in effect as long as the permit is valid. 1 28 3. The permittee may apply for a driver's license if 1 29 thirty days have elapsed since issuance of the special 1 30 instruction permit. The department shall issue a driver's 1 31 license if the permittee is qualified, passes all required 1 32 tests, including a driving test, and pays the required fees. 1 33 If the person has not obtained a driver's license before 1 34 expiration of the person's special instruction permit, the 1 35 person's former denial,orsuspension, revocation, or 2 1 limitation under section 321.177, subsection 6 or 7, or 2 2section 321.210, subsection 1, paragraph "c",section 2 3 321.186B, upon service of notice by the department, shall be 2 4 reinstated. A permit shall be reissued for one additional 2 5 six-month period if a permittee continues to meet the 2 6 qualifications of subsection 1 and has incurred no motor 2 7 vehicle violations. 2 8 Sec. 3. Section 321.186, Code Supplement 1999, is amended 2 9 to read as follows: 2 10 321.186 EXAMINATION OF NEWOR INCOMPETENTOPERATORS OR 2 11 OPERATORS WITH POOR DRIVING RECORDS. 2 12 1. The department may examine every new applicant for a 2 13 driver's license or any person holding a valid driver's 2 14 licensewhen the department has reason to believe that the2 15person may be physically or mentally incompetent to operate a2 16motor vehicle, orwhose driving record appears to the 2 17 department to justify the examination. The examinations shall 2 18 be held in every county within periods not to exceed fifteen 2 19 days except that the driving skills test for a commercial 2 20 driver's license shall be given only at locations where 2 21 required driving skills may be adequately tested, including 2 22 pretrip and off-road examinations. The department shall make 2 23 every effort to accommodate a functionally illiterate 2 24 applicant when the applicant is taking a knowledge test. The 2 25 department shall make every effort to have an examiner conduct 2 26 the commercial driver's license driving skills tests at other 2 27 locations in this state where skills may be adequately tested 2 28 when requested by a person representing ten or more drivers 2 29 requiring driving skills testing. 2 30 2. The department shall make every effort to accommodate a 2 31 commercial driver's license applicant's need to arrange an 2 32 appointment for a driving skills test at an established test 2 33 site other than where the applicant passed the required 2 34 knowledge test. The department shall report to the governor 2 35 and the general assembly on any problems, extraordinary costs 3 1 and recommendations regarding the appointment scheduling 3 2 process. 3 3 3. The examination shall include a screening of the 3 4 applicant's eyesight, a test of the applicant's ability to 3 5 read and understand highway signs regulating, warning, and 3 6 directing traffic, a test of the applicant's knowledge of the 3 7 traffic laws of this state, an actual demonstration of ability 3 8 to exercise ordinary and reasonable control in the operation 3 9 of a motor vehicle and other physical and mental examinations 3 10 as the department finds necessary to determine the applicant's 3 11 fitness to operate a motor vehicle safely upon the highways. 3 12 However, an applicant for a new driver's license other than a 3 13 commercial driver's license need not pass a vision test 3 14 administered by the department if the applicant files with the 3 15 department a vision report in accordance with section 321.186A 3 16 which shows that the applicant's visual acuity level meets or 3 17 exceeds those required by the department. 3 18A physician licensed under chapter 148, 150, or 150A, or an3 19optometrist licensed under chapter 154, may report to the3 20department the identity of a person who has been diagnosed as3 21having a physical or mental condition which would render the3 22person physically or mentally incompetent to operate a motor3 23vehicle in a safe manner. The physician or optometrist shall3 24make reasonable efforts to notify the person who is the3 25subject of the report, in writing. The written notification3 26shall state the nature of the disclosure and the reason for3 27the disclosure. A physician or optometrist making a report3 28under this section shall be immune from any liability, civil3 29or criminal, which might otherwise be incurred or imposed as a3 30result of the report. A physician or optometrist has no duty3 31to make a report or to warn third parties with regard to any3 32knowledge concerning a person's mental or physical competency3 33to operate a motor vehicle in a safe manner. Any report3 34received by the department from a physician or optometrist3 35under this section shall be kept confidential. Information4 1regulated by chapter 141A shall be subject to the4 2confidentiality provisions and remedies of that chapter.4 3 Sec. 4. NEW SECTION. 321.186B EXAMINATION OF PHYSICALLY 4 4 OR MENTALLY DISABLED OPERATORS – REPORTS – PENALTIES. 4 5 1. a. The department may examine any person holding a 4 6 valid driver's license when the department has good cause to 4 7 believe that the person, by reason of physical or mental 4 8 disability, is unable to operate a motor vehicle safely after 4 9 giving ten days' notice to the person in writing by certified 4 10 mail to the person's last known address. The department may 4 11 deny, suspend, or revoke a person's driver's license if the 4 12 person refuses or neglects to submit to the examination within 4 13 thirty days after receipt of notice. 4 14 b. The examination may include any or all of the tests and 4 15 demonstrations listed in section 321.186, subsection 3, as 4 16 determined necessary by the department, in consultation with 4 17 the driver's license medical advisory council established in 4 18 section 321.186C. Upon conclusion of the examination, the 4 19 department may allow the person to retain the person's 4 20 driver's license or may deny, suspend, revoke, or place 4 21 limitations on the person's driver's license. 4 22 2. The department shall have good cause to believe that a 4 23 person holding a valid driver's license, by reason of physical 4 24 or mental disability, is unable to operate a motor vehicle 4 25 safely on the basis of, but not limited to, a report by any of 4 26 the following: 4 27 a. A peace officer. 4 28 b. A physician licensed under chapter 148, 150, or 150A, a 4 29 chiropractor licensed under chapter 151, a registered nurse 4 30 licensed under chapter 152, an optometrist licensed under 4 31 chapter 154, a psychologist licensed under chapter 154B, or a 4 32 social worker licensed under chapter 154C. 4 33 c. A member of the operator's family within three degrees 4 34 of consanguinity, or the operator's spouse, who has reached 4 35 the age of eighteen years, except that a person shall not 5 1 report the same family member more than once during a twelve- 5 2 month period. 5 3 3. A report submitted pursuant to subsection 2 must state 5 4 that the person reasonably and in good faith believes the 5 5 licensee cannot safely operate a motor vehicle and must be 5 6 based upon personal observation or knowledge, physical 5 7 evidence, or an investigation by a peace officer. The basis 5 8 of the report shall be described in the report. The report 5 9 shall include the name, address, telephone number, and 5 10 signature of the person making the report and shall be 5 11 submitted to the department in the form prescribed by the 5 12 department. 5 13 4. a. A physician licensed under chapter 148, 150, or 5 14 150A, a chiropractor licensed under chapter 151, a registered 5 15 nurse licensed under chapter 152, an optometrist licensed 5 16 under chapter 154, a psychologist licensed under chapter 154B, 5 17 or a social worker licensed under chapter 154C may report to 5 18 the department, pursuant to subsections 2 and 3, the identity 5 19 of a person who has been diagnosed as having a physical or 5 20 mental disability which would render the person physically or 5 21 mentally unable to operate a motor vehicle safely. The report 5 22 shall state the diagnosis and whether the condition is 5 23 permanent or temporary. The existence of a physician-patient 5 24 relationship shall not prevent the making of a report. 5 25 b. A person making a report pursuant to this subsection 5 26 shall make reasonable efforts to notify the person who is the 5 27 subject of the report in writing. The written notification 5 28 shall state the nature of the disclosure and the reason for 5 29 the disclosure. 5 30 5. A person who makes a report in good faith pursuant to 5 31 this section is immune from any liability, civil or criminal, 5 32 which might otherwise be incurred or imposed as a result of 5 33 the report. The department shall keep a report submitted 5 34 pursuant to this section confidential. Information regulated 5 35 by chapter 141A shall be subject to the confidentiality 6 1 provisions and remedies of that chapter. 6 2 6. A person who does either of the following is guilty of 6 3 a simple misdemeanor and shall be liable for damages which 6 4 proximately result from the person's actions: 6 5 a. Intentionally files a false report under this section. 6 6 b. Knowingly violates a confidentiality provision of this 6 7 section or knowingly permits or encourages the unauthorized 6 8 use of a report or reporting person's name in violation of 6 9 this section. 6 10 7. The department shall, in consultation with the driver's 6 11 license medical advisory council, develop a standardized 6 12 reporting form and adopt rules for the filing of reports 6 13 pursuant to this section. The department shall also adopt 6 14 rules, in consultation with the driver's license medical 6 15 advisory council, when necessary, to administer the other 6 16 provisions of this section. 6 17 Sec. 5. NEW SECTION. 321.186C DRIVER'S LICENSE MEDICAL 6 18 ADVISORY COUNCIL. 6 19 1. A driver's license medical advisory council is 6 20 established within the department. The council shall consist 6 21 of seven members appointed by the director, in consultation 6 22 with the director of public health. Appointments to the 6 23 council are subject to the requirements of sections 69.16 and 6 24 69.16A. Two members of the council shall be physicians 6 25 licensed under chapter 148, 150, or 150A, one member shall be 6 26 a chiropractor licensed under chapter 151, one member shall be 6 27 a registered nurse licensed under chapter 152, one member 6 28 shall be an optometrist licensed under chapter 154, one member 6 29 shall be a psychologist licensed under chapter 154B, and one 6 30 member shall be a social worker licensed under chapter 154C. 6 31 2. The initial members of the council shall serve 6 32 staggered terms, with two members serving one-year terms, two 6 33 members serving two-year terms, and three members serving 6 34 three-year terms. Subsequent members shall serve three-year 6 35 terms. Terms shall commence on July 1 of the year of 7 1 appointment. The council shall select a chairperson from its 7 2 membership. The department shall reimburse each member for 7 3 actual expenses incurred by the member in performance of the 7 4 member's duties on the council. 7 5 3. a. The council shall advise the state department of 7 6 transportation regarding physical and mental disabilities 7 7 which would render a person physically or mentally unable to 7 8 operate a motor vehicle safely, the types of examinations 7 9 necessary to evaluate a person's physical or mental ability to 7 10 operate a motor vehicle, and limitations which could be 7 11 imposed on a person's driver's license to allow a person with 7 12 a physical or mental disability to operate a motor vehicle 7 13 safely. 7 14 b. The council shall also advise the department in 7 15 developing a standardized reporting form and adopting rules 7 16 for the reporting of cases of physical or mental disability to 7 17 operate a motor vehicle pursuant to section 321.186B. 7 18 Sec. 6. Section 321.190, subsection 1, paragraph d, 7 19 unnumbered paragraph 1, Code 1999, is amended to read as 7 20 follows: 7 21 The fee for a nonoperator's identification card shall be 7 22 five dollars and the card shall be valid for a period of four 7 23 years from the date of issuance. No issuance fee shall be 7 24 charged for a person whose driver's license or driving 7 25 privilege has been suspended or revoked under section321.210,7 26subsection 1, paragraph "c"321.186B. 7 27 Sec. 7. Section 321.191, subsection 9, Code 1999, is 7 28 amended to read as follows: 7 29 9. DRIVER'S LICENSE REINSTATEMENTS. The fee for 7 30 reinstatement of a driver's license shall be twenty dollars 7 31 for a license which is, after notice and opportunity for 7 32 hearing, canceled, suspended, revoked, or barred.However,7 33reinstatement of the privilege suspended under section7 34321.210, subsection 1, paragraph "c", shall be without fee.7 35 The fee for reinstatement of the privilege to operate a 8 1 commercial motor vehicle after a period of disqualification 8 2 shall be twenty dollars. 8 3 Sec. 8. Section 321.196, unnumbered paragraph 1, Code 8 4 1999, is amended to read as follows: 8 5 Except as otherwise provided, a driver's license, other 8 6 than an instruction permit, chauffeur's instruction permit, or 8 7 commercial driver's instruction permit issued under section 8 8 321.180, expires, at the option of the applicant, two or four 8 9 years from the licensee's birthday anniversary occurring in 8 10 the year of issuance if the licensee is between the ages of 8 11 seventeen years eleven months and seventy years on the date of 8 12 issuance of the license. If the licensee is under the age of 8 13 seventeen years eleven months or age seventy or over, the 8 14 license is effective for a period of two years from the 8 15 licensee's birthday anniversary occurring in the year of 8 16 issuance. Except as required in section 321.188, and except 8 17 for a motorcycle instruction permit issued in accordance with 8 18 section 321.180 or 321.180B, a driver's license is renewable 8 19 without written examination or penalty within a period of 8 20 sixty days after its expiration date. A person shall not be 8 21 considered to be driving with an invalid license during a 8 22 period of sixty days following the license expiration date. 8 23 However, for a license renewed within the sixty-day period, 8 24 the date of issuance shall be considered to be the previous 8 25 birthday anniversary on which it expired. Applicants whose 8 26 licenses are restricted or limited due to vision or other 8 27 physical or mental deficiencies or disabilities may be 8 28 required to renew their licenses every two years. For the 8 29 purposes of this section the birthday anniversary of a person 8 30 born on February 29 shall be deemed to occur on March 1. The 8 31 department in its discretion may authorize the renewal of a 8 32 valid driver's license other than a commercial driver's 8 33 license upon application without an examination provided that 8 34 the applicant satisfactorily passes a vision test as 8 35 prescribed by the department, files a vision report in 9 1 accordance with section 321.186A which shows that the 9 2 applicant's visual acuity level meets or exceeds those 9 3 required by the department, or is eligible for renewal by mail 9 4 pursuant to rules adopted by the department. The department 9 5 may assess an applicant a fee of no more than two dollars for 9 6 administration and mailing expenses for providing for renewal 9 7 of the applicant's driver's license by mail. 9 8 Sec. 9. Section 321.198, unnumbered paragraph 1, Code 9 9 1999, is amended to read as follows: 9 10 The effective date of a valid driver's license to the 9 11 extent that it permits the operation of a motor vehicle other 9 12 than a commercial motor vehicle and other than as a chauffeur, 9 13 issued under the laws of this state, held by any person at the 9 14 time of entering the military service of the United States or 9 15 of the state of Iowa notwithstanding the expiration of the 9 16 license according to its terms, is hereby extended without fee 9 17 until six months following the initial separation from active 9 18 duty of the person from the military service, provided the 9 19 person is not suffering from physical or mental disabilities 9 20 which impair the person's competency as an operator and 9 21 provided further that the licensee shall upon demand of any 9 22 peace officer furnish satisfactory evidence of the person's 9 23 military service. However, a person entitled to the benefits 9 24 of this section, charged with operating a motor vehicle 9 25 without an operator's license, shall not be convicted if the 9 26 person produces in court, within a reasonable time, a valid 9 27 driver's license previously issued to that person along with 9 28 evidence of the person's military service as above mentioned. 9 29 Sec. 10. Section 321.210, subsection 1, Code 1999, is 9 30 amended to read as follows: 9 31 1. The department is authorized to establish rules 9 32 providing for the suspension of the license of an operator 9 33 upon thirty days' notice and without preliminary hearing upon 9 34 a showing by its records or other sufficient evidence that the 9 35 licensee: 10 1 a. Is an habitually reckless or negligent driver of a 10 2 motor vehicle. 10 3 b. Is an habitual violator of the traffic laws. 10 4c. Is physically or mentally incapable of safely operating10 5a motor vehicle.10 6d.c. Has permitted an unlawful or fraudulent use of the 10 7 license. 10 8e.d. Has committed an offense or acted in a manner in 10 9 another state or foreign jurisdiction which in this state 10 10 would be grounds for suspension or revocation. 10 11f.e. Has committed a serious violation of the motor 10 12 vehicle laws of this state. 10 13g.f. Is subject to a license suspension under section 10 14 321.513. 10 15 Prior to a suspension taking effect under paragraph "a", 10 16 "b", "c", "d", or "e",or "f",the licensee shall have 10 17 received thirty days' advance notice of the effective date of 10 18 the suspension. Notwithstanding the terms of the Iowa 10 19 administrative procedure Act, chapter 17A, the filing of a 10 20 petition for judicial review shall, except for suspensions10 21under paragraph "c",operate to stay the suspension pending 10 22 the determination by the district court. 10 23 Sec. 11. Section 321.210C, Code 1999, is amended to read 10 24 as follows: 10 25 321.210C PROBATION PERIOD. 10 26 A person whose driver's license or operating privileges 10 27 have been suspended, revoked, or barred under chapter 321 for 10 28 a conviction of a moving traffic violation, or suspended, 10 29 revoked, or barred under section 321.205 or section 321.210, 10 30 subsection 1, paragraph"e","d", or chapter 321J, must 10 31 satisfactorily complete a twelve-month probation period 10 32 beginning immediately after the end of the period of 10 33 suspension, revocation, or bar. Upon conviction of a moving 10 34 traffic violation which occurred during the probation period, 10 35 the department may suspend the driver's license or operating 11 1 privileges for an additional period equal in duration to the 11 2 original period of suspension, revocation, or bar, or for one 11 3 year, whichever is the shorter period. 11 4 Sec. 12. Section 321.212, subsection 1, paragraph a, 11 5 unnumbered paragraph 2, Code 1999, is amended to read as 11 6 follows: 11 7 A suspension under section 321.210, subsection 1, paragraph 11 8"d","c", for a violation of section 321.216B shall not exceed 11 9 six months. As soon as practicable after the period of 11 10 suspension has expired, but not later than six months after 11 11 the date of expiration, the department shall expunge 11 12 information regarding the suspension from the person's driving 11 13 record. 11 14 Sec. 13. Section 321.218, subsection 3, unnumbered 11 15 paragraph 1, Code Supplement 1999, is amended to read as 11 16 follows: 11 17 The department, upon receiving the record of the conviction 11 18 of a person under this section upon a charge of operating a 11 19 motor vehicle while the license of the person is suspended or 11 20 revoked, shall, except for licenses suspended under section 11 21 252J.8,321.210, subsection 1, paragraph "c", section11 22 321.186B, 321.210A, 321.210B, or 321.513, extend the period of 11 23 suspension or revocation for an additional like period, and 11 24 the department shall not issue a new driver's license to the 11 25 person during the additional period. 11 26 Sec. 14. Section 321A.17, subsection 5, Code Supplement 11 27 1999, is amended to read as follows: 11 28 5. An individual applying for a driver's license following 11 29 a period of suspension or revocation pursuant to a 11 30 dispositional order issued under section 232.52, subsection 2, 11 31 paragraph "a", or under section 321.180B, section 321.210, 11 32 subsection 1, paragraph"d","c", or section 321.210A, 11 33 321.213A, 321.213B, 321.216B, or 321.513, following a period 11 34 of suspension under section 321.194, or following a period of 11 35 revocation pursuant to a court order issued under section 12 1 901.5, subsection 10, or under section 321J.2A, is not 12 2 required to maintain proof of financial responsibility under 12 3 this section. 12 4 EXPLANATION 12 5 This bill creates new Code sections 321.186B and 321.186C, 12 6 providing for the examination of drivers who may be physically 12 7 or mentally unable to operate a motor vehicle and creating a 12 8 driver's license medical advisory board. The bill also makes 12 9 corresponding changes in Code section 321.186, relating to the 12 10 examination of new or incompetent operators; Code sections 12 11 321.180A, 321.190, 321.191, 321.196, 321.198, 321.210, and 12 12 321.218, relating to special instruction permits, issuance of 12 13 nonoperator's identification cards, driver's license fees, 12 14 license renewal, military services exceptions, suspension of 12 15 driver's licenses, and operating without a valid driver's 12 16 license, respectively; and Code section 321.210, relating to 12 17 the authority of the state department of transportation to 12 18 adopt rules providing for the suspension of driver's licenses. 12 19 Additionally, the bill makes corresponding reference changes 12 20 in Code sections 321.12, 321.210C, 321.212, and 321A.17. 12 21 New Code section 321.186B allows the state department of 12 22 transportation to examine a person holding a valid driver's 12 23 license when the department has good cause to believe the 12 24 person is physically or mentally unable to operate a motor 12 25 vehicle safely. The department has good cause to believe a 12 26 person is physically or mentally unable to operate a motor 12 27 vehicle safely on the basis of, but not limited to, a report 12 28 by a peace officer, a medical or other professional listed in 12 29 the bill, or a person closely related to the licensee. The 12 30 report must state that the person reasonably and in good faith 12 31 believes the licensee cannot safely operate a motor vehicle 12 32 and must be based upon personal observation or knowledge, 12 33 physical evidence, or an investigation by a peace officer, as 12 34 described in the report. The bill provides immunity for 12 35 persons making reports in good faith pursuant to new Code 13 1 section 321.186B and provides that the reports shall be kept 13 2 confidential. 13 3 New Code section 321.186B also provides that a person who 13 4 intentionally files a false report, knowingly violates a 13 5 confidentiality provision of the section, or knowingly permits 13 6 or encourages the unauthorized use of a report or reporting 13 7 person's name is guilty of a simple misdemeanor and shall be 13 8 liable for damages which proximately result from the person's 13 9 actions. 13 10 New Code section 321.186C establishes a driver's license 13 11 medical advisory council within the state department of 13 12 transportation. The seven members of the council are to be 13 13 appointed by the director of transportation, in consultation 13 14 with the director of the department of public health, and are 13 15 to include two licensed physicians, a licensed chiropractor, a 13 16 licensed registered nurse, a licensed optometrist, a licensed 13 17 psychologist, and a licensed social worker. 13 18 The advisory council is charged with advising the state 13 19 department of transportation regarding physical and mental 13 20 disabilities which would render a person physically or 13 21 mentally unable to operate a motor vehicle safely, the types 13 22 of examinations necessary to evaluate a person's physical or 13 23 mental ability to operate a motor vehicle, and limitations 13 24 which could be imposed on a person's driver's license to allow 13 25 a person with a physical or mental disability to operate a 13 26 motor vehicle safely. The advisory council is also required 13 27 to advise the department in developing a standardized 13 28 reporting form and adopting rules for the reporting of cases 13 29 of physical or mental inability to operate a motor vehicle 13 30 pursuant to new Code section 321.186B. 13 31 LSB 5038YC 78 13 32 nh/gg/8
Text: HSB00514 Text: HSB00516 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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