321.198  Military service exception.

The effective date of a valid driver's license to the extent that it permits the operation of a motor vehicle other than a commercial motor vehicle and other than as a chauffeur, issued under the laws of this state, held by any person at the time of entering the military service of the United States or of the state of Iowa notwithstanding the expiration of the license according to its terms, is hereby extended without fee until six months following the initial separation from active duty of the person from the military service, provided the person is not suffering from physical disabilities which impair the person's competency as an operator and provided further that the licensee shall upon demand of any peace officer furnish satisfactory evidence of the person's military service. However, a person entitled to the benefits of this section, charged with operating a motor vehicle without an operator's license, shall not be convicted if the person produces in court, within a reasonable time, a valid driver's license previously issued to that person along with evidence of the person's military service as above mentioned.

The department is authorized to renew any driver's license falling within the provisions and limitations of the preceding paragraph, without examination, upon application and payment of fee made within six months following separation from the military service.

The provisions of this section shall also apply to the spouse and children or ward of such military personnel when such spouse, children or ward are living with the above described military personnel outside of the state of Iowa and provided that such extension of license does not exceed five years.

A person whose period of validity of the person's driver's license is extended under this section may file an application in accordance with rules adopted by the department to have the person's record of issuance of a driver's license retained in the department's record system during the period for which the driver's license remains valid. If a person has had the record of issuance of the person's driver's license removed from the department's records, the person shall have the person's record of driver's license issuance reentered by the department upon request if the request is accompanied by a letter from the applicable person's commanding officer verifying the military service.

Section History: Early form

  [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.198]

Section History: Recent form

  87 Acts, ch 167, §5; 87 Acts, ch 170, § 5; 90 Acts, ch 1230, § 43, 44; 98 Acts, ch 1073, §9

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Last update: Thu Mar 18 15:00:31 CST 1999
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