CHAPTER 607
COMMERCIAL DRIVER LICENSING
761—607.1(321) Scope. This chapter applies to licensing persons for the operation of commercial motor vehicles. Unless otherwise stated, the provisions of this chapter are in addition to other motor vehicle licensing rules.
This rule is intended to implement Iowa Code chapter 321.
761—607.2(17A) Information.
	607.2(1) Information and location. Applications, forms and information about the commercial driver’s license (CDL) are available at any driver’s license service center. Assistance is also available by mail from the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)244-8725; by facsimile at (515)239-1837; or on the department’s website at www.iowadot.gov.
	607.2(2) Manual. A copy of a study manual for the commercial driver’s license tests is available upon request at any driver’s license service center and on the department’s website.
This rule is intended to implement Iowa Code section 17A.3.
[ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 3689C, IAB 3/14/18, effective 4/18/18; ARC 4986C, IAB 3/11/20, effective 4/15/20; ARC 6168C, IAB 2/9/22, effective 3/16/22]
761—607.3(321) Definitions. The definitions in Iowa Code section 321.1 apply to this chapter of rules. In addition, the following definitions are adopted:
“Air brake system” means a system that uses air as a medium for transmitting pressure or force from the driver’s control to the service brake. “Air brake system” shall include any braking system operating fully or partially on the air brake principle.
“Air over hydraulic brakes” means any braking system operating partially on the air brake and partially on the hydraulic brake principle.
“Automatic transmission” means any transmission other than a manual transmission.
“CDLIS” means “commercial driver’s license information system” as defined in Iowa Code section 321.1.
“Commercial driver’s license downgrade” or “CDL downgrade” means either:
	1.	The driver changes the driver’s self-certification of type of driving from non-excepted interstate to excepted interstate, non-excepted intrastate, or excepted intrastate driving, or
	2.	The department removed the CDL privilege from the driver’s license.
“Commercial motor vehicle” or “CMV” as defined in Iowa Code section 321.1 does not include a motor vehicle designed as off-road equipment rather than as a motor truck, such as a forklift, motor grader, scraper, tractor, trencher or similar industrial-type equipment. “Commercial motor vehicle” also does not include self-propelled implements of husbandry described in Iowa Code subsection 321.1(32).
“Controlled substance” as used in Iowa Code section 321.208 means a substance defined in Iowa Code section 124.101.
“Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. Section 5103 and is required to be placarded under 49 CFR Part 172, Subpart F, or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.
“Manual transmission” means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated either by hand or by foot. All other transmissions, whether semi-automatic or automatic, will be considered automatic.
“Medical examiner” means a person who is licensed, certified or registered, in accordance with applicable state laws and regulations, to perform physical examinations. The term includes but is not limited to doctors of medicine, doctors of osteopathy, physician assistants, advanced registered nurse practitioners, and doctors of chiropractic.
“Medical examiner’s certificate” means a certificate completed and signed by a medical examiner under the provisions of 49 CFR Section 391.43.
“Medical variance” means a driver has received one of the following from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate:
	1.	An exemption letter permitting operation of a commercial motor vehicle pursuant to 49 CFR Part 381, Subpart C, or 49 CFR Section 391.62, or 49 CFR Section 391.64.
	2.	A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 CFR Section 391.49.
“Passenger vehicle” means either of the following:
	1.	A motor vehicle designed to transport 16 or more persons including the operator.
	2.	A motor vehicle of a size and design to transport 16 or more persons including the operator which is redesigned or modified to transport fewer than 16 persons with disabilities. The size of a redesigned or modified vehicle shall be any such vehicle with a gross vehicle weight rating of 10,001 or more pounds.
“School bus” means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events unless otherwise provided in Iowa Code section 321.1(69). “School bus” does not include a bus used as a common carrier.
“Self-certification” means a written certification of which category of type of driving an applicant for a commercial driver’s license engages in or intends to engage in, from the following categories:
	1.	Non-excepted interstate. The person certifies that the person operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 CFR Part 391, and is required to obtain a medical examiner’s certificate by 49 CFR Section 391.45.
	2.	Excepted interstate. The person certifies that the person operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 CFR Section 390.3(f), 391.2, 391.68 or 398.3 from all or parts of the qualification requirements of 49 CFR Part 391, and is therefore not required to obtain a medical examiner’s certificate by 49 CFR Section 391.45.
	3.	Non-excepted intrastate. The person certifies that the person operates only in intrastate commerce and is subject to state driver qualification requirements.
	4.	Excepted intrastate. The person certifies that the person operates only in intrastate commerce, but engages exclusively in transportation or operations excepted from all or parts of the state driver qualification requirements as set forth in Iowa Code section 321.449.
“State,” as used in this chapter and in “another state” in Iowa Code subsection 321.174(2), “former state of residence” in Iowa Code subsection 321.188(5), or “any state” in Iowa Code subsection 321.208(1), means one of the United States or the District of Columbia unless the context means the state of Iowa.
This rule is intended to implement Iowa Code sections 321.1, 321.174, 321.188, 321.191, 321.193, 321.207 and 321.208.
[ARC 7902B, IAB 7/1/09, effective 8/5/09; ARC 9954B, IAB 1/11/12, effective 1/30/12; ARC 0031C, IAB 3/7/12, effective 4/11/12; ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 4986C, IAB 3/11/20, effective 4/15/20]
761—607.4 and 607.5  Reserved.
761—607.6(321) Exemptions.
	607.6(1) Persons exempt. A person listed in Iowa Code section 321.176A is exempt from commercial driver licensing requirements.
	607.6(2) Exempt until April 1, 1992. Rescinded IAB 6/23/93, effective 7/28/93.
This rule is intended to implement Iowa Code sections 321.1 and 321.176A.
761—607.7(321) Records. The operating record of a person who has been issued a commercial driver’s license or a commercial learner’s permit or a person who has been disqualified from operating a commercial motor vehicle shall be maintained as provided in the department’s “Record Management Manual” adopted in 761—Chapter 4.
This rule is intended to implement Iowa Code sections 22.11, 321.12 and 321.199.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16]
761—607.8 and 607.9  Reserved.
761—607.10(321) Adoption of federal regulations.
	607.10(1) Code of Federal Regulations. The department’s administration of commercial driver’s licenses shall be in compliance with the state procedures set forth in 49 CFR Section 383.73, and this chapter shall be construed to that effect. The department adopts the following portions of the Code of Federal Regulations which are referenced throughout this chapter of rules:
	a. 	49 CFR Section 391.11 as adopted in 761—Chapter 520.
	b. 	49 CFR Section 392.5 as adopted in 761—Chapter 520.
	c. 	49 CFR Part 380, Subpart F.
	d. 	The following portions of 49 CFR Part 383 (October 1, 2020):
	(1)	Section 383.51, Disqualification of drivers.
	(2)	Subpart E—Testing and Licensing Procedures.
	(3)	Subpart G—Required Knowledge and Skills.
	(4)	Subpart H—Tests.
	607.10(2) Copies of regulations. Copies of the federal regulations may be reviewed at the state law library or through the Internet at www.fmcsa.dot.gov.
This rule is intended to implement Iowa Code sections 321.187, 321.188, 321.207, 321.208 and 321.208A.
[ARC 7902B, IAB 7/1/09, effective 8/5/09; ARC 9954B, IAB 1/11/12, effective 1/30/12; ARC 0031C, IAB 3/7/12, effective 4/11/12; ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 2986C, IAB 3/15/17, effective 4/19/17; ARC 3840C, IAB 6/6/18, effective 7/11/18; ARC 4401C, IAB 4/10/19, effective 5/15/19; ARC 4986C, IAB 3/11/20, effective 4/15/20; ARC 5018C, IAB 4/8/20, effective 5/13/20; ARC 5547C, IAB 4/7/21, effective 5/12/21]
761—607.11 to 607.14  Reserved.
761—607.15(321) Application. An applicant for a commercial driver’s license shall comply with the requirements of Iowa Code sections 321.180(2)“e,”321.182 and 321.188, and 761—Chapter 601, and must provide the proofs of citizenship or lawful permanent residence and state of domicile required by 49 CFR Section 383.71. If the applicant is domiciled in a foreign jurisdiction and applying for a nondomiciled commercial driver’s license, the applicant must provide a document required by 49 CFR Section 383.71(f).
This rule is intended to implement Iowa Code sections 321.180, 321.182 and 321.188.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16]
761—607.16(321) Commercial driver’s license (CDL).
	607.16(1) Classes. The department may issue a commercial driver’s license only as a Class A, B or C driver’s license. The license class identifies the types of vehicles that may be operated. A commercial driver’s license may have endorsements which authorize additional vehicle operations or restrictions which limit vehicle operations.
	607.16(2) Validity.
	a. 	A Class A commercial driver’s license allows a person to operate a combination of commercial motor vehicles as specified in Iowa Code section 321.189(1)“a.” With the required endorsements and subject to the applicable restrictions, a Class A commercial driver’s license is valid to operate any vehicle. Before the department administers the skills test for a Class A commercial driver’s license to an applicant for the first time, the applicant must comply with the entry-level driver training requirements as provided in Iowa Code section 321.188.
	b. 	A Class B commercial driver’s license allows a person to operate a commercial motor vehicle as specified in Iowa Code section 321.189(1)“b.” With the required endorsements and subject to the applicable restrictions, a Class B commercial driver’s license is valid to operate any vehicle except a truck-tractor semitrailer combination as a chauffeur (Class D) or a vehicle requiring a Class A commercial driver’s license. Before the department administers the skills test for a Class B commercial driver’s license to an applicant for the first time, the applicant must comply with the entry-level driver training requirements as provided in Iowa Code section 321.188.
	c. 	A Class C commercial driver’s license allows a person to operate a commercial motor vehicle as specified in Iowa Code section 321.189(1)“c.” With the required endorsements and subject to the applicable restrictions, a Class C commercial driver’s license is valid to operate any vehicle except a vehicle requiring a Class A or Class B commercial driver’s license.
	d. 	A commercial driver’s license is valid for operating a motorcycle as a commercial motor vehicle only if the license has a motorcycle endorsement and a hazardous material endorsement. A commercial driver’s license is valid for operating a motorcycle as a noncommercial motor vehicle only if the license has a motorcycle endorsement.
	e. 	A commercial driver’s license valid for eight years shall be issued to a qualified applicant who is at least 18 years of age but not yet 78 years of age. However, the expiration date of the license issued shall not exceed the licensee’s 80th birthday.
	f. 	A commercial driver’s license valid for two years shall be issued to a qualified applicant 78 years of age or older. A two-year license may also be issued, at the discretion of the department, to an applicant whose license is restricted due to vision or other physical disabilities.
	g. 	A commercial driver’s license is valid for 60 days after the expiration date.
	h. 	A person with a commercial driver’s license valid for the vehicle operated is not required to obtain a Class D driver’s license to operate the vehicle as a chauffeur.
	607.16(3) Requirements.
	a. 	The minimum age to obtain a commercial driver’s license is set out in 49 CFR, Part 391, Subpart B, except that, for a person operating solely intrastate, the driver age qualifications are set out in Iowa Code section 321.449(3).
	b. 	The applicant shall meet the requirements set forth in rule 761—607.15(321).
	607.16(4) Transition from five-year to eight-year licenses. During the period January 1, 2014, to December 31, 2018, the department shall issue qualified applicants otherwise eligible for an eight-year license a five-year, six-year, seven-year, or eight-year license, subject to all applicable limitations for age and ability. The applicable period shall be randomly assigned to the applicant by the department’s computerized issuance system based on a distribution formula intended to spread renewal volumes as equally as practical over the eight-year period beginning January 1, 2019, and ending December 31, 2026.
	607.16(5) License extension.
	a. 	As provided in 49 CFR Section 383.153, a person may apply for a 60-day extension of a commercial driver’s license if the person:
	(1)	Has a valid license,
	(2)	Is eligible for further licensing, and
	(3)	Is temporarily absent from Iowa or is temporarily incapacitated at the time for renewal.
	b. 	The person shall apply for an extension by submitting Form 430027 to the department. The form may be obtained from and submitted to a driver’s license service center. The person may also apply by letter to the address in 761—paragraph 605.12(1)“a.”
	c. 	A 60-day extension shall be added to the expiration date on the license. When the person appears to renew the license, the expiration date of the renewed license will be computed from the expiration date of the original license, notwithstanding the extension.
	d. 	The department shall allow only one 60-day extension.
This rule is intended to implement Iowa Code sections 321.1(8) as amended by 2021 Iowa Acts, House File 389, 321.177, 321.182, 321.188, 321.189, 321.196, and 321.449 and 2013 Iowa Acts, chapter 104, section 2.
[ARC 1714C, IAB 11/12/14, effective 12/17/14; ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 4986C, IAB 3/11/20, effective 4/15/20; ARC 5495C, IAB 3/10/21, effective 4/14/21; ARC 5942C, IAB 10/6/21, effective 11/10/21]
761—607.17(321) Endorsements. All endorsements except the hazardous material endorsement continue to be valid without retesting or additional fees when renewing or upgrading a license. The endorsements that authorize additional commercial motor vehicle operations with a commercial driver’s license are:
	607.17(1) Hazardous material. A hazardous material endorsement (H) is required to transport hazardous materials. The hazardous material endorsement is only valid when the applicant or holder of the endorsement complies with the Transportation Security Administration’s security threat assessment standards specified in 49 CFR Sections 383.71(b)(8) and 383.141. Before the department administers the knowledge test for a hazardous material endorsement to an applicant for the first time, the applicant shall comply with the entry-level driver training requirements as provided in Iowa Code section 321.188. To obtain or retain the hazardous material endorsement, the applicant or holder must pass a knowledge test as required under 49 CFR Section 383.121 and pay the endorsement fee. Retesting and fee payment are also required when an applicant transfers a commercial driver’s license from another state unless, as provided in 49 CFR Section 383.73, the transfer applicant provides evidence of passing the knowledge test as required under 49 CFR Section 383.121 within the preceding 24 months. A farmer or a person working for a farmer is not subject to the hazardous material endorsement while operating either a pickup or a special truck within 150 air miles of the farmer’s farm to transport supplies to or from the farm.
	607.17(2) Passenger vehicle. A passenger vehicle endorsement (P) is required to operate a passenger vehicle as defined in rule 761—607.3(321). Before the department administers the skills test for a passenger vehicle endorsement to an applicant for the first time, the applicant shall comply with the entry-level driver training requirements as provided in Iowa Code section 321.188.
	607.17(3) Tank vehicle. A tank vehicle endorsement (N) is required to operate a tank vehicle as defined in Iowa Code section 321.1. A vehicle transporting a tank, regardless of the tank’s capacity, which does not otherwise meet the definition of a commercial motor vehicle in Iowa Code section 321.1 is not a tank vehicle.
	607.17(4) Double/triple trailer. A double/triple trailer endorsement (T) is required to operate a commercial motor vehicle with two or more towed trailers when the combination of vehicles meets the criteria for a Class A commercial motor vehicle. Operation of a triple trailer combination vehicle is not permitted in Iowa.
	607.17(5) Hazardous material and tank. A combined endorsement (X) authorizes both hazardous material and tank vehicle operations.
	607.17(6) School bus. A school bus endorsement (S) is required to operate a school bus as defined in rule 761—607.3(321). An applicant for a school bus endorsement must also qualify for a passenger vehicle endorsement. Before the department administers the skills test for a school bus endorsement to an applicant for the first time, the applicant shall comply with the entry-level driver training requirements as provided in Iowa Code section 321.188.
	607.17(7) Exceptions for towing operations.
	a. 	A driver who tows a vehicle in an emergency “first move” from the site of a vehicle malfunction or accident on a highway to the nearest appropriate repair facility is not required to have the endorsement(s) applicable to the towed vehicle. In any subsequent move, a driver who tows a vehicle from one repair or disposal facility to another is required to have the endorsement(s) applicable to the towed vehicle with one exception: A tow truck driver is not required to have a passenger endorsement to tow a passenger vehicle.
	b. 	The double/triple trailer endorsement is not required to operate a commercial motor vehicle with two or more towed vehicles that are not trailers.
This rule is intended to implement Iowa Code sections 321.1, 321.176A, 321.188 and 321.189.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 4986C, IAB 3/11/20, effective 4/15/20]
761—607.18(321) Restrictions. The restrictions that may limit commercial motor vehicle operation with a commercial driver’s license are listed in 761—subrule 605.8(3) and are explained below:
	607.18(1) Air brake. The air brake restriction (L, no air brake equipped CMV) applies to a licensee who either fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes and prohibits the operation of a commercial motor vehicle equipped with an air brake system until the licensee passes the required air brake tests and pays the fee for upgrading the license. Retesting and fee payment are not required when the license is renewed.
	607.18(2) Full air brake. The full air brake restriction (Z, no full air brake equipped CMV) applies to a licensee who performs the skills test in a vehicle equipped with air over hydraulic brakes and prohibits the operation of a commercial motor vehicle equipped with any braking system operating fully on the air brake principle until the licensee passes the required air brake tests and pays the fee for upgrading the license. Retesting and fee payment are not required when the license is renewed.
	607.18(3) Manual transmission. The manual transmission restriction (E, no manual transmission equipped CMV) applies to a licensee who performs the skills test in a vehicle equipped with automatic transmission and prohibits the operation of a commercial motor vehicle equipped with a manual transmission until the licensee passes the required tests and pays the fee for upgrading the license. Retesting and fee payment are not required when the license is renewed.
	607.18(4) Tractor-trailer. The tractor-trailer restriction (O, no tractor trailer CMV) applies to a licensee who performs the skills test in a combination vehicle for a Class A commercial driver’s license with the power unit and towed unit connected with a pintle hook or other non-fifth wheel connection and prohibits operation of a tractor-trailer combination connected by a fifth wheel that requires a Class A commercial driver’s license until the licensee passes the required tests and pays the fee for upgrading the license. Retesting and fee payment are not required when the license is renewed.
	607.18(5) Class A passenger vehicle. The Class A passenger vehicle restriction (M, no Class A passenger vehicle) applies to a licensee who applies for a passenger endorsement and performs the skills test in a passenger vehicle that requires a Class B commercial driver’s license and prohibits operation of a passenger vehicle that requires a Class A commercial driver’s license.
	607.18(6) Class A and B passenger vehicle. The Class A and B passenger vehicle restriction (N, no Class A and B passenger vehicle) applies to a licensee who applies for a passenger endorsement and performs the skills test in a passenger vehicle that requires a Class C commercial driver’s license and prohibits operation of a passenger vehicle that requires a Class A or Class B commercial driver’s license.
	607.18(7) Intrastate only. The intrastate only restriction (K, intrastate only) applies to a licensee who self-certifies to non-excepted intrastate or excepted intrastate driving and prohibits the operation of a commercial motor vehicle in interstate commerce.
	607.18(8) Medical variance. The medical variance restriction (V, medical variance) applies to a licensee when the department is notified pursuant to 49 CFR Section 383.73(o)(3) that the driver has been issued a medical variance and indicates there is information about a medical variance on the CDLIS driver record.
This rule is intended to implement Iowa Code sections 321.189 and 321.191.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 4586C, IAB 7/31/19, effective 9/4/19]
761—607.19  Reserved.
761—607.20(321) Commercial learner’s permit.
	607.20(1) Validity.
	a. 	A commercial learner’s permit allows the permit holder to operate a commercial motor vehicle when accompanied as required by Iowa Code section 321.180(2)“d.”
	b. 	A commercial learner’s permit is valid for one year without retaking the general and endorsement knowledge tests required by Iowa Code section 321.188.
	c. 	A commercial learner’s permit is invalid after the expiration date of the underlying commercial or noncommercial driver’s license issued to the permit holder or the expiration date of the permit whichever occurs first.
	d. 	The issuance of a commercial learner’s permit is a precondition to the initial issuance of a commercial driver’s license. The issuance of a commercial learner’s permit is also a precondition to the upgrade of a commercial driver’s license if the upgrade requires a skills test. If the permit holder is subject to the requirement to complete entry-level driver training as provided in Iowa Code section 321.188, the permit holder shall complete the training after the permit holder obtains the commercial learner’s permit, but before the permit holder takes the required skills test. The holder of a commercial learner’s permit is not eligible to take a required driving skills test for the first 14 days after the permit holder is issued the permit. The 14-day period includes the day the commercial learner’s permit was issued.
Example: The commercial learner’s permit is issued on September 1. The earliest date the permit holder would be eligible to take the skills test is September 15.
	e. 	A commercial learner’s permit is not valid for the operation of a vehicle transporting hazardous materials.
	607.20(2) Requirements.
	a. 	An applicant for a commercial learner’s permit must hold a valid Class A, B, C, or D driver’s license issued in this state that is not an instruction permit, a special instruction permit, a motorized bicycle license or a temporary restricted license; must be at least 18 years of age; and must meet the requirements to obtain a valid commercial driver’s license, including the requirements set forth in Iowa Code section 321.188. However, the applicant does not have to complete the driving skills tests required for a commercial driver’s license to obtain a commercial learner’s permit.
	b. 	The applicant must successfully pass a general knowledge test that meets the federal standards contained in 49 CFR Part 383, Subparts F, G and H, for the commercial motor vehicle the applicant operates or expects to operate, including any endorsement for which the applicant applies.
	607.20(3) Endorsements. A commercial learner’s permit may include the following endorsements. All other endorsements are prohibited on a commercial learner’s permit.
	a. 	An applicant for a passenger endorsement (P) must take and pass the passenger endorsement knowledge test. A commercial learner’s permit holder with a passenger endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal/state auditors and inspectors, test examiners, other trainees, and the commercial driver’s license holder accompanying the permit holder required by Iowa Code section 321.180(2)“d.”
	b. 	An applicant for a school bus endorsement (S) must take and pass the school bus endorsement knowledge test. A commercial learner’s permit holder with a school bus endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal/state auditors and inspectors, test examiners, other trainees, and the commercial driver’s license holder accompanying the permit holder required by Iowa Code section 321.180(2)“d.”
	c. 	An applicant for a tank vehicle endorsement (N) must take and pass the tank vehicle endorsement knowledge test. A commercial learner’s permit holder with a tank vehicle endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue.
	607.20(4) Restrictions. A commercial learner’s permit may include the air brake (L), medical variance (V), Class A passenger vehicle (M), Class A and B passenger vehicle (N) and intrastate only (K) restrictions described in rule 761—607.18(321). In addition, a commercial learner’s permit may include the following restrictions that are specific to the commercial learner’s permit:
	a. 	Passenger. The passenger restriction (P, no passengers in CMV bus) applies to a permit holder who has a commercial learner’s permit with a passenger or school bus endorsement and prohibits the operation of a commercial motor vehicle carrying passengers, other than federal/state auditors and inspectors, test examiners, other trainees, and the commercial driver’s license holder accompanying the permit holder required by Iowa Code section 321.180(2)“d.”
	b. 	Cargo. The cargo restriction (X, no cargo in CMV tank vehicle) applies to a permit holder who has a commercial learner’s permit with a tank vehicle endorsement and prohibits the operation of any tank vehicle containing cargo or any tank vehicle that previously contained hazardous materials that has not been purged of any residue.
This rule is intended to implement Iowa Code sections 321.180, 321.186 and 321.188.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 3689C, IAB 3/14/18, effective 4/18/18; ARC 4986C, IAB 3/11/20, effective 4/15/20]
761—607.21 to 607.24  Reserved.
761—607.25(321) Examination for a commercial driver’s license. In addition to the requirements of 761—Chapter 604, an applicant for a commercial driver’s license shall pass the knowledge and skills tests as required in 49 CFR Part 383, Subparts G and H.
This rule is intended to implement Iowa Code section 321.186.
761—607.26(321) Vision screening. An applicant for a commercial driver’s license or commercial learner’s permit must pass a vision screening test administered by the department. The vision standards are given in 761—604.11(321).
This rule is intended to implement Iowa Code sections 321.186 and 321.186A.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16]
761—607.27(321) Knowledge tests.
	607.27(1) General knowledge test. The general knowledge test for a commercial driver’s license is a written test of topics such as vehicle inspection, operation, safety and control in accordance with 49 CFR Section 383.111.
	607.27(2) Additional tests. In addition to the general knowledge test for a commercial driver’s license, an additional knowledge test is required for each of the following:
	a. 	Class A license for combination vehicle operation as required in 49 CFR Section 383.111.
	b. 	Hazardous material endorsement as required in 49 CFR Section 383.121. The knowledge test for a hazardous material endorsement shall not be administered orally or in a language other than English.
	c. 	Passenger vehicle endorsement as required in 49 CFR Section 383.117.
	d. 	Tank vehicle endorsement as required in 49 CFR Section 383.119.
	e. 	Double/triple trailer endorsement as required in 49 CFR Section 383.115.
	f. 	School bus endorsement as required in 49 CFR Section 383.123. The applicant must also qualify for a passenger vehicle endorsement.
	g. 	Removal of the air brake restriction as required in 49 CFR Section 383.111.
	607.27(3) Test methods. All knowledge tests shall be administered in compliance with 49 CFR Section 383.133(b). All tests other than the hazardous material endorsement test may be administered in written form, verbally, or in automated format and can be administered in a foreign language, provided no interpreter is used in administering the test. A verbal test shall be offered only at specified locations. Information about the locations is available at any driver’s license service center.
	607.27(4) Waiver. A waiver of any knowledge test is permitted only as provided in Iowa Code section 321.188(5) and this chapter. The burden of proof of having passed the hazardous material endorsement test within the preceding 24 months rests with the applicant.
	607.27(5) Military waiver. The department may waive the requirement that an applicant pass a required knowledge test for an applicant who is a current or former military service member as defined in 49 CFR Section 383.5. An applicant for a waiver of the knowledge test under this subrule shall certify and provide evidence, as required by the department, that the following apply:
	a. 	The applicant is regularly employed or was regularly employed within the past year in a military position specifically designated in 49 CFR Section 383.77.
	b. 	The applicant is or was operating a vehicle representative of the commercial motor vehicle the applicant operates or expects to operate immediately preceding honorable separation from military service as evidenced by the applicant’s certificate of release or discharge from active duty, commonly referred to as a DD form 214.
	c. 	The applicant has not had more than one driver’s license, other than a military license.
	d. 	The applicant has not had any driver’s license suspended, revoked, or canceled.
	e. 	The applicant has not been convicted of an offense committed while operating any type of motor vehicle that is listed as a disqualifying offense in 49 CFR Section 383.51(b).
	f. 	The applicant has not had more than one conviction for an offense committed while operating any type of motor vehicle that is listed as a serious traffic violation in 49 CFR Section 383.51(c).
	g. 	The applicant has not had a conviction for violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident, and has no record of an accident in which the applicant was at fault.
	607.27(6) Requirement. An applicant must pass the applicable knowledge test(s) before taking the skills test. Passing scores for a knowledge test shall meet the standards contained in 49 CFR Section 383.135(a).
This rule is intended to implement Iowa Code sections 321.186 and 321.188.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 4986C, IAB 3/11/20, effective 4/15/20]
761—607.28(321) Skills test.
	607.28(1) Content. The skills test for a commercial driver’s license is a three-part test as required in 49 CFR Part 383, Subparts E, G and H.
	607.28(2) Test methods. All skills tests shall be administered in compliance with 49 CFR Section 383.133(c). Interpreters are prohibited during the administration of skills tests. Applicants must be able to understand and respond to verbal commands and instructions in English by a skills test examiner. Neither the applicant nor the examiner may communicate in a language other than English during the skills test.
	607.28(3) Order. The skills test must be administered and successfully completed in the following order: pre-trip inspection, basic vehicle control skills, on-road skills. If an applicant fails one segment of the skills test, the applicant cannot continue to the next segment of the test, and scores for the passed segments of the test are only valid during initial issuance of the commercial learner’s permit.
	607.28(4) Vehicle. The applicant shall provide a representative vehicle for the skills test. “Representative vehicle” means a commercial motor vehicle that meets the statutory description for the class of license applied for.
	a. 	To obtain a passenger vehicle endorsement applicable to a specific vehicle class, the applicant must take the skills test in a passenger vehicle, as defined in rule 761—607.3(321), satisfying the requirements of that class, as required in 49 CFR Section 383.117.
	b. 	To obtain a school bus endorsement, the applicant must qualify for a passenger vehicle endorsement and take the skills test in a school bus, as defined in rule 761—607.3(321), in the same vehicle class as the applicant will drive, as required in 49 CFR Section 383.123.
	c. 	To obtain a tank endorsement, the applicant must take the skills test in a representative vehicle for the class of license applied for, but the representative vehicle is not required to be a tank vehicle.
	d. 	To remove an air brake or full air brake restriction, the applicant must take the skills test in a vehicle equipped with an air brake system, as defined in rule 761—607.3(321) and as required in 49 CFR Section 383.113.
	e. 	To remove a manual transmission restriction, the applicant must take the on-road segment of the skills test in a vehicle equipped with a manual transmission, as defined in rule 761—607.3(321).
	607.28(5) Skills test scoring. Passing scores for a skills test shall meet the standards contained in 49 CFR Section 383.135(b).
	607.28(6) Military waiver. The department may waive the requirement that an applicant pass a required skills test for an applicant who is on active duty in the military service or who has separated from such service in the past year, provided the applicant meets the requirements of Iowa Code subsection 321.188(6).
	607.28(7) Locations. The skills test for a commercial driver’s license shall be given only at specified locations where adequate testing facilities are available. An applicant may contact any driver’s license service center for the location of the nearest skills testing center.
	607.28(8) Fees. Fees authorized pursuant to Iowa Code sections 321.187A and 321M.6A will be collected by the department or a county treasurer location offering commercial driver’s license skills tests.
	a. 	Except as provided in paragraph 607.28(8)“c,” the fee for an applicant to schedule the pre-trip vehicle inspection segment of the skills test with the department is $25. No fees are due to the department for scheduling the basic vehicle control skills or on-road skills segment of the test.
	b. 	Except as provided in paragraph 607.28(8)“c,” the fee to schedule the pre-trip vehicle inspection segment of the skills test with a county treasurer is $25. The fee for a county treasurer to administer the basic vehicle control skills segment is $25, and the fee to administer the on-road skills segment of the test is $25. However, if the applicant fails one segment of the driving skills test, no fee shall be due for a subsequent segment of the test.
	c. 	If the applicant is an employee or volunteer of a government agency as defined in Iowa Code section 553.3, the following shall apply:
	(1)	 The department shall not charge the pre-trip inspection scheduling fee under paragraph 607.28(8)“a.”
	(2)	A county treasurer may charge only the pre-trip inspection fee under paragraph 607.28(8)“b.”
	(3)	An applicant must provide the department or county treasurer with reasonable proof that the applicant is an employee or volunteer of a qualifying government agency and that a commercial driver’s license is necessary for the applicant’s employment or volunteer duties. Reasonable proof shall be provided on Form 430311. Alternatively, if the applicant is seeking a skills test from a county treasurer, reasonable proof may include payment of the pre-trip inspection fee by a government agency on behalf of the applicant.
	d. 	If an applicant fails to appear for the pre-trip inspection segment of the skills test, the appointment shall be canceled and no other applicable fees are due.
	e. 	Except as provided in paragraph 607.28(8)“g,” new fees will apply if an applicant schedules a new skills test appointment.
	f. 	The department or a county treasurer may collect any fees due and owed for the skills test at the same time any fees are collected as part of the commercial driver’s license issuance transaction.
	g. 	Any fees collected under this subrule are nonrefundable. However, nothing in this paragraph shall be construed as preventing the department or a county treasurer from transferring a fee charged for a pre-trip inspection to a new pre-trip inspection if rescheduling the appointment is determined necessary or appropriate as determined by the department or county treasurer upon a showing of good cause.
	h. 	A skills test fee charged under this subrule that remains unpaid may be collected at the person’s next driver’s license renewal or replacement.
This rule is intended to implement Iowa Code sections 321.186, 321.187A,  321.188 and 321M.6A.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 3689C, IAB 3/14/18, effective 4/18/18; ARC 4986C, IAB 3/11/20, effective 4/15/20; ARC 5547C, IAB 4/7/21, effective 5/12/21; ARC 6168C, IAB 2/9/22, effective 3/16/22]
761—607.29(321) Waiver of skills test. Rescinded IAB 6/23/93, effective 7/28/93.
761—607.30(321) Third-party testing.
	607.30(1) Purpose and definitions. The skills test required by rule 761—607.28(321) may be administered by third-party testers and third-party skills test examiners approved and certified by the department. For the purpose of administering third-party skills testing and this rule, the following definitions shall apply:
“Community college” means an Iowa community college established under Iowa Code chapter 260C.
“Iowa-based motor carrier” means a motor carrier or its subsidiary that has its principal place of business in the state of Iowa and operates a permanent commercial driver training facility in the state of Iowa.
“Iowa nonprofit corporation” means a nonprofit corporation that serves as a trade association for Iowa-based motor carriers.
“Motor carrier” means the same as defined in 49 CFR Section 390.5.
“Permanent commercial driver training facility” means a facility dedicated to a program of commercial driving instruction that is offered to employees or potential employees of the motor carrier as incident to the motor carrier’s commercial operations, that requires at least 40 hours of instruction, and that includes fixed and permanent structures and facilities for the off-road portions of commercial driving instruction, including classroom, pretrip inspection, and basic vehicle control skills. A permanent commercial driver training facility must include a fixed and paved or otherwise hard-surfaced area for basic vehicle control skills testing that is permanently marked and capable of inspection and measurement by the department.
“Skills test” means the skills test required by rule 761—607.28(321).
“Subsidiary” means a company that is partly or wholly owned by a motor carrier that holds a controlling interest in the subsidiary company.
“Third-party skills test examiner” means the same as defined in 49 CFR Section 383.5.
“Third-party tester” means the same as defined in 49 CFR Section 383.5.
	607.30(2) Certification of third-party testers.
	a. 	The department may certify as a third-party tester a community college, Iowa-based motor carrier or Iowa nonprofit corporation to administer skills tests. A community college, Iowa-based motor carrier or Iowa nonprofit corporation that seeks certification as a third-party tester shall contact the motor vehicle division and schedule a review of the proposed testing program, which shall include the proposed testing courses and facilities, information sufficient to identify all proposed third-party skills test examiners, and any other information necessary to demonstrate compliance with 49 CFR Section 383.75.
	b. 	No community college, Iowa-based motor carrier or Iowa nonprofit corporation shall be certified to conduct third-party testing unless and until the community college, Iowa-based motor carrier or Iowa nonprofit corporation enters an agreement with the department that meets the requirements of 49 CFR Section 383.75 and demonstrates sufficient ability to conduct skills tests in a manner that consistently meets the requirements of 49 CFR Section 383.75.
	c. 	The department shall issue a certified third-party tester a certificate of authority that identifies the classes and types of vehicles for which skills tests may be administered. The certificate shall be valid for the duration of the agreement executed pursuant to paragraph 607.30(2)“b,” unless revoked by the department for engaging in fraudulent activities related to conducting skills tests or failing to comply with the requirements, qualifications, and standards of this chapter, the agreement, or 49 CFR Section 383.75.
	607.30(3) Certification of third-party skills test examiners.
	a. 	A certified third-party tester shall not employ or otherwise use as a third-party skills test examiner a person who has not been approved and certified by the department to administer skills tests. Each certified third-party tester shall submit for approval the names of all proposed third-party skills test examiners to the department. The department shall not approve as a third-party skills test examiner a person who does not meet the requirements, qualifications and standards of 49 CFR Sections 383.75 and 384.228, including but not limited to all required training and examination and a nationwide criminal background check. The criteria for passing the nationwide criminal background check shall include no felony convictions within the last ten years and no convictions involving fraudulent activities.
	b. 	The department shall issue a certificate of authority for each person certified as a third-party skills test examiner that identifies the certified third-party tester for which the person will administer skills tests and the classes and types of vehicles for which the person may administer skills tests. The certificate shall be valid for a period of four years from the date of issuance of the certificate.
	c. 	The department shall revoke the certificate if the person holding the certificate does not administer skills tests to at least ten different applicants per calendar year; does not successfully complete the refresher training required by 49 CFR Section 384.228 every four years; is involved in fraudulent activities related to conducting skills tests; or otherwise fails to comply with and meet the requirements, qualifications and standards of this chapter or 49 CFR Sections 383.75 and 384.228. Notwithstanding anything in this paragraph to the contrary, as provided in 49 CFR Section 383.75, if the person does not administer skills tests to at least ten different applicants per calendar year, the certificate will not be revoked for that reason if the person provides proof of completion of the examiner refresher training in 49 CFR Section 384.228 to the department or successfully completes one skills test under the observation of a department examiner.
	d. 	A third-party skills test examiner who is also a skills instructor shall not administer a skills test to an applicant who received skills training from that third-party skills test examiner.
	e. 	A third-party skills test examiner may only administer CDL skills tests for the examiner’s primary employer, unless authorized by the department to administer CDL skills tests for another county or third-party tester.
	607.30(4) Bond. As a condition of certification, an Iowa-based motor carrier or Iowa nonprofit corporation must maintain a bond in the amount of $50,000 to pay for the retesting of drivers in the event that the third-party tester or one or more of its third-party skills test examiners are involved in fraudulent activities related to conducting skills tests of applicants for a commercial driver’s license.
	607.30(5) Limitation applicable to Iowa-based motor carriers. An Iowa-based motor carrier certified as a third-party tester may only administer the skills test to persons who are enrolled in the Iowa-based motor carrier’s commercial driving instruction program and shall not administer skills tests to persons who are not enrolled in that program.
	607.30(6) Training and refresher training for third-party skills test examiners. All training and refresher training required under this rule shall be provided by the department, in form and content that meet the recommendations of the American Association of Motor Vehicle Administrators’ International Third-Party Examiner/Tester Certification Program.
This rule is intended to implement Iowa Code section 321.187.
[ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 4986C, IAB 3/11/20, effective 4/15/20; ARC 6168C, IAB 2/9/22, effective 3/16/22]
761—607.31(321) Test results.
	607.31(1) Period of validity. Passing knowledge and skills test results shall remain valid for a period of one year.
	607.31(2) Retesting. Subject to rule 761—607.28(321), an applicant shall be required to repeat only the knowledge test(s) or part(s) of the skills test that the applicant failed. An applicant who fails a test shall not be permitted to repeat that test the same day. An applicant may be required to repeat a test if the department determines the test was improperly administered.
	607.31(3) Skills test results from other states. As required by 49 CFR Section 383.79, the department shall accept the valid results of a skills test administered to an applicant who is domiciled in the state of Iowa and that was administered by another state, in accordance with 49 CFR Part 383, Subparts F, G and H, in fulfillment of the applicant’s testing requirements under 49 CFR Section 383.71 and the state’s test administration requirements under 49 CFR Section 383.73. The results must be transmitted directly from the testing state to the department as required by 49 CFR Section 383.79.
	607.31(4) Skills test results from certified third-party testers. A third-party skills tester certified under rule 761—607.30(321) shall transmit the skills test results of tests administered by the third-party tester through secure electronic means determined by the department. The department may retest any person who has passed a skills test administered by a certified third-party tester if it appears to the department that the skills test administered by the third-party tester was administered fraudulently or improperly, and as needed to meet the third-party skills test examiner oversight requirements of 49 CFR Section 383.75(a)(5).
This rule is intended to implement Iowa Code sections 321.180, 321.186, 321.187 and 321.188.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 3689C, IAB 3/14/18, effective 4/18/18; ARC 4986C, IAB 3/11/20, effective 4/15/20]
761—607.32(321) Knowledge and skills testing of nondomiciled military personnel.
	607.32(1) Role of state of duty station. The department may accept an application for a CLP or CDL, including an application for waiver of the knowledge test as provided in subrule 607.27(5), if the applicant is an active duty military service member stationed, but not domiciled, in Iowa, and the department has an agreement to accept such applications with the applicant’s state of domicile as provided in 49 CFR Section 383.79.
	a. 	The applicant shall certify and provide evidence that the following apply:
	(1)	The applicant is regularly employed or was regularly employed within the past year in a military position requiring operation of a commercial motor vehicle.
	(2)	The applicant has a valid driver’s license from the applicant’s state of domicile.
	(3)	The applicant has a valid active duty military identification card.
	(4)	The applicant has a current copy of either the applicant’s military leave and earnings statement or the applicant’s orders.
	b. 	If the applicant meets the requirements of paragraph 607.32(1)“a” and the department has an agreement with the applicant’s state of domicile as provided in this subrule, the department may do either of the following:
	(1)	Administer the knowledge and skills tests to the applicant as appropriate in accordance with 49 CFR Part 383, Subparts F, G, and H, if the state of domicile requires those tests; or
	(2)	Waive the knowledge and skills tests in accordance with 49 CFR Section 383.77 and this chapter if the state of domicile also permits waiver of the knowledge and skills test.
	c. 	The department may destroy the applicant’s driver’s license on behalf of the state of domicile unless the state of domicile requires the driver’s license to be surrendered to the state of domicile’s driver’s licensing agency.
	607.32(2) Electronic transmission of application and test results. The department shall transmit to the state of domicile the applicant’s application, any supporting documents and the results of any skills or knowledge tests administered as provided under this rule.
	607.32(3) Role of state of domicile. If the department has an agreement with the applicant’s state of duty station, upon completion of the applicant’s application pursuant to 49 CFR Section 383.71 and any testing administered by the applicant’s state of duty station pursuant to 49 CFR Sections 383.71 and 383.73, the department may do all of the following:
	a. 	Accept the completed application, any supporting documents, and the results of the knowledge and skills tests administered by the applicant’s state of duty station.
	b. 	Issue the applicant a CLP or CDL.
This rule is intended to implement Iowa Code sections 321.180, 321.186, 321.187, and 321.188 and 49 CFR Part 383.
[ARC 4986C, IAB 3/11/20, effective 4/15/20]
761—607.33 and 607.34  Reserved.
761—607.35(321) Issuance of commercial driver’s license and commercial learner’s permit. A commercial driver’s license or commercial learner’s permit issued by the department shall include the information and markings required by Iowa Code section 321.189(2)“b.”
This rule is intended to implement Iowa Code section 321.189.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16]
761—607.36(321) Conversion to commercial driver’s license. Rescinded IAB 6/23/93, effective 7/28/93.
761—607.37(321) Commercial driver’s license renewal. The department shall administer commercial driver’s license renewals as required by 49 CFR Section 383.73.
	607.37(1) Licensee requirements. To renew a commercial driver’s license, the licensee shall apply at a driver’s license service center and complete the following requirements:
	a. 	The licensee shall make a written self-certification of type of driving as required by rule 761—607.50(321) and, if required, provide a current medical examiner’s certificate unless the person’s medical examiner’s certificate is provided to the department electronically by the Federal Motor Carrier Safety Administration.
	b. 	If the licensee has and wishes to retain a hazardous material endorsement, the licensee shall pass the test required in 49 CFR Section 383.121 and comply with the Transportation Security Administration security threat assessment standards specified in 49 CFR Sections 383.71(b)(8) and 383.141 for such endorsement. A lawful permanent resident of the United States must also provide the licensee’s U.S. Citizenship and Immigration Services alien registration number.
	c. 	The licensee shall provide proof of citizenship or lawful permanent residency and state of domicile as required by rule 761—607.15(321) and 49 CFR 383.73(d)(7). Proof of citizenship or lawful permanent residency is not required if the licensee provided such proof at initial issuance or a previous renewal or upgrade of the license and the department has a notation on the licensee’s record confirming that the required proof of legal citizenship or legal presence check was made and the date on which it was made.
	d. 	If the licensee is domiciled in a foreign jurisdiction and renewing a non-domiciled commercial driver’s license, the licensee must provide a document required by 49 CFR 383.71(f) at each renewal.
	607.37(2) Early renewal. A valid commercial driver’s license may be renewed 90 days before the expiration date. If this is impractical, the department for good cause may renew a license earlier, not to exceed 364 days prior to the expiration date. The department may allow renewal earlier than 364 days prior to the expiration date for active military personnel being deployed due to actual or potential military conflict.
This rule is intended to implement Iowa Code sections 321.186, 321.188 and 321.196.
[ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 4986C, IAB 3/11/20, effective 4/15/20; ARC 5547C, IAB 4/7/21, effective 5/12/21]
761—607.38(321) Transfers from another state. Upon initial application for an Iowa license, an Iowa resident who has a valid commercial driver’s license from a former state of residence is not required to retest except as specified in Iowa Code subsection 321.188(5) but is required to pay the applicable endorsement and restriction removal fees.
This rule is intended to implement Iowa Code sections 321.188 and 321.191.
761—607.39(321) Disqualification.
	607.39(1) Date. A disqualifying act, action or offense under Iowa Code section 321.208, that occurred before July 1, 1990, shall not be grounds for disqualification from operating a commercial motor vehicle.
	607.39(2) Notice. A 30-day advance notice of disqualification shall be served by the department in accordance with rule 761—615.37(321). Pursuant to Iowa Code subsection 321.208(12), a peace officer on behalf of the department may serve the notice of disqualification immediately.
	607.39(3) Hearing and appeal process. A person who has received a notice of disqualification may contest the disqualification in accordance with 761—615.38(17A,321).
	607.39(4) Reduction of lifetime disqualification.
	a. 	As permitted by 49 CFR Section 383.51, a person subject to lifetime disqualification of the person’s commercial driving privileges may apply to the department for reinstatement. The approval is subject to the discretion of the department and subject to the following requirements:
	(1)	The request may not be made prior to ten years from the effective date of the lifetime disqualification.
	(2)	The person must submit the request in a manner prescribed by the department.
	(3)	If the driving record contains alcohol-related or drug-related offenses that resulted in the lifetime disqualification, the person must have completed an alcohol or drug evaluation and have completed any recommended treatment which meets or exceeds the minimum standards approved by the Iowa department of public health. Evidence of a completed evaluation and treatment must be on file with the department or submitted with the application for reinstatement.
	(4)	Within the ten years preceding the request, the person must not have any of the following moving violation convictions:
	1.	A drug or alcohol offense.
	2.	Leaving the scene of an accident.
	3.	A felony involving the use of any motor vehicle.
	4.	Any moving violation while operating a commercial motor vehicle.
	(5)	The department may request, and the person shall provide, any additional information or documentation necessary to determine the person’s eligibility for reinstatement or general fitness for licensure.
	b. 	If the department finds the person is eligible for reinstatement under this subrule, the person shall do all of the following prior to reinstatement:
	(1)	Pay all outstanding reinstatement fees.
	(2)	Meet all outstanding reinstatement requirements.
	(3)	Pass the required knowledge, vision, and skills tests as specified in Iowa Code section 321.188.
	(4)	Complete any other courses or requirements as required by the director.
	c. 	As provided in 49 CFR Section 383.51(a)(6), a person who has previously had the person’s commercial driving privileges reinstated pursuant to this subrule shall not be eligible to apply for reinstatement following conviction of a subsequent disqualifying offense.
	d. 	If the department determines the person is not eligible for reinstatement as provided in this subrule, the department shall send notice by first-class mail to the person’s mailing address as shown on departmental records that the lifetime disqualification remains in effect.
	607.39(5) Fraud related to testing and issuance.
	a. 	As required by 49 CFR Section 383.73(k) and Iowa Code section 321.201(2)“b,” the department shall disqualify the commercial driver’s license or commercial learner’s permit of a person convicted or suspected of fraud related to the testing for or issuance of a commercial driver’s license or commercial learner’s permit.
	b. 	Upon receipt of a person’s conviction of fraud related to the issuance of the commercial driver’s license or commercial learner’s permit, the department shall disqualify the person’s commercial driver’s license or commercial learner’s permit for one year.
	c. 	Upon receipt of credible evidence that a person is suspected of committing fraud relating to the issuance of a commercial driver’s license or a commercial learner’s permit, the department shall notify the person of the requirement to retake the applicable knowledge or skills test. Within 30 days of receiving notice from the department, the person is required to contact the department to retake the knowledge or skills test. If the person fails to contact the department within 30 days after the notice, or the person fails the knowledge or skills test, or does not take the test, the department shall disqualify the person’s commercial driver’s license or commercial learner’s permit.
	d. 	Once a person’s commercial driver’s license or commercial learner’s permit has been disqualified, the person must reapply following the usual procedures as provided in Iowa Code section 321.188 and this chapter.
This rule is intended to implement Iowa Code chapter 17A and section 321.208.
[ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 4986C, IAB 3/11/20, effective 4/15/20]
761—607.40(321) Sanctions. When a person’s motor vehicle license is denied, canceled, suspended, revoked or barred, the person is also disqualified from operating a commercial motor vehicle.
This rule is intended to implement Iowa Code section 321.208.
761—607.41 to 607.44  Reserved.
761—607.45(321) Reinstatement. To reinstate a commercial driver’s license after completion of a period of disqualification, a person shall appear at a driver’s license service center. The person must also meet the vision standards for licensing, pass the applicable knowledge test(s) and the skills test, and pay the required reinstatement fee and the fees for a new license.
This rule is intended to implement Iowa Code sections 321.191 and 321.208.
[ARC 4986C, IAB 3/11/20, effective 4/15/20]
761—607.46 to 607.48  Reserved.
761—607.49(321) Restricted commercial driver’s license.
	607.49(1) Scope. This rule pertains to the issuance of restricted commercial driver’s licenses to suppliers or employees of suppliers of agricultural inputs. Issuance is permitted by 49 CFR 383.3(f). A restricted commercial driver’s license shall meet all requirements of a regular commercial driver’s license, as set out in Iowa Code chapter 321 and this chapter of rules, except as specified in this rule.
	607.49(2) Agricultural inputs. The term “agricultural inputs” means suppliers or applicators of agricultural chemicals, fertilizer, seed or animal feeds.
	607.49(3) Validity.
	a. 	A restricted commercial driver’s license allows the licensee to drive a commercial motor vehicle for agricultural input purposes. The license is valid to:
	(1)	Operate Group B and Group C commercial motor vehicles including tank vehicles and vehicles equipped with air brakes, except passenger vehicles.
	(2)	Transport the hazardous materials listed in paragraph 607.49(3)“b.”
	(3)	Operate only during the current, validated seasonal period.
	(4)	Operate between the employer’s place of business and the farm currently being served, not to exceed 150 miles.
	b. 	A restricted commercial driver’s license is not valid for transporting hazardous materials requiring placarding, except as follows:
	(1)	Liquid fertilizers such as anhydrous ammonia may be transported in vehicles or implements of husbandry with total capacities of 3,000 gallons or less.
	(2)	Solid fertilizers such as ammonium nitrate may be transported provided they are not mixed with any organic substance.
	(3)	A hazardous material endorsement is not needed to transport the products listed in the preceding subparagraphs.
	c. 	When not driving for agricultural input purposes, the license is valid for operating a noncommercial motor vehicle that may be legally operated under the noncommercial license held by the licensee.
	607.49(4) Requirements.
	a. 	The applicant must have two years of previous driving experience. This means that the applicant must have held a license that permits unaccompanied driving for at least two years. This does not include a motorized bicycle license, a minor’s school license or a minor’s restricted license.
	b. 	The applicant must have a good driving record for the most recent two-year period, as defined in subrule 607.49(5).
	c. 	An applicant who currently holds an unrestricted commercial driver’s license is not eligible for issuance of a restricted commercial driver’s license.
	607.49(5) Good driving record. A “good driving record” means a driving record showing:
	a. 	No multiple licenses.
	b. 	No driver’s license suspensions, revocations, disqualifications, denials, bars, or cancellations of any kind.
	c. 	No convictions in any type of motor vehicle for:
	(1)	Driving under the influence of alcohol or drugs.
	(2)	Leaving the scene of an accident.
	(3)	Committing any felony involving a motor vehicle.
	(4)	Speeding 15 miles per hour or more over the posted speed limit.
	(5)	Reckless driving, drag racing, or eluding or attempting to elude a law enforcement officer.
	(6)	Improper or erratic lane changes.
	(7)	Following too closely.
	(8)	A moving violation that contributed to a motor vehicle accident.
	(9)	A violation deemed serious under rule 761—615.17(321).
	d. 	No record of contributive accidents, as defined in rule 761—615.1(321).
	607.49(6) Issuance.
	a. 	The knowledge and skills tests described in rules 761—607.27(321) and 761—607.28(321) are waived.
	b. 	A restricted commercial driver’s license shall be coded with restriction “W” on the face of the driver’s license, with the restriction explained in text on the back of the driver’s license. In addition, the license shall be issued with a restriction stating the license’s period of validity.
	c. 	The expiration date for a restricted commercial driver’s license that is converted to this license from another Iowa license shall carry the same expiration date as the previous license.
	d. 	A restricted commercial driver’s license may be renewed for the period of time specified in Iowa Code section 321.196. The licensee’s good driving record shall be confirmed at the time of renewal.
	e. 	The fee for a restricted commercial driver’s license shall be as specified in Iowa Code section 321.191.
	f. 	On or after January 1, 2017, a licensee may have up to three individual periods of validity for a restricted commercial driver’s license, provided the cumulative period of validity for all individual periods does not exceed 180 days in any calendar year. An individual period of validity may be 60, 90, or 180 consecutive days, at the election of the licensee. A licensee may add 30 days to an individual period of validity by applying for an extension, subject to the 180-day cumulative maximum period of validity. A request for extension must be made no later than the date of expiration of the individual period of validity for which an extension is requested; a request for extension made after that date shall be treated as a request for a new individual period of validity. An extension shall be calculated from the date of expiration of the individual period of validity for which an extension is requested. Any period of validity authorized previously by another state’s license shall be considered a part of the 180-day cumulative maximum period of validity.
	g. 	A restricted commercial driver’s license must be validated for commercial motor vehicle operation for each individual period of validity. This means that the applicant/licensee must have the person’s good driving record confirmed at each application for an individual period of validity. Upon confirmation, the department shall issue a replacement license with a restriction validating the license for that individual period of validity, provided the person is otherwise eligible for the license. The fee for a replacement license shall be as specified in Iowa Code section 321.195.
	h. 	The same process must be repeated for each individual period of validity within a calendar year.
This rule is intended to implement Iowa Code section 321.176B.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 4986C, IAB 3/11/20, effective 4/15/20]
761—607.50(321) Self-certification of type of driving and submission of medical examiner’s certificate.
	607.50(1) Applicants for commercial learner’s permit, restricted CDL, or new, transferred, renewed or upgraded CDL.
	a. 	A person shall provide to the department a self-certification of type of driving if the person is applying for:
	(1)	A commercial learner’s permit,
	(2)	An initial commercial driver’s license,
	(3)	A transfer of a commercial driver’s license from a prior state of domicile to the state of Iowa,
	(4)	Renewal of a commercial driver’s license,
	(5)	A license upgrade for a commercial driver’s license or an endorsement authorizing the operation of a commercial motor vehicle not covered by the current commercial driver’s license, or
	(6)	A restricted commercial driver’s license.
	b. 	The self-certification shall be on a form or in a format, which may be electronic, as provided by the department.
	607.50(2) Submission of medical examiner’s certificate by persons certifying to non-excepted interstate driving. Every person who self-certifies to non-excepted interstate driving must give the department a copy of the person’s current medical examiner’s certificate, unless the person’s medical examiner’s certificate is provided to the department electronically by the Federal Motor Carrier Safety Administration. The department shall not issue, transfer, renew, or upgrade a license until the department receives a medical examiner’s certificate that complies with the requirements of this subrule, or unless the person changes the person’s self-certification of type of driving to a type other than non-excepted interstate driving. When the department receives a current medical examiner’s certificate, the department shall post a medical certification status of “certified” on the person’s CDLIS driver’s record. A person who self-certifies to a type of driving other than non-excepted interstate shall have no medical certification status on the CDLIS driver’s record.
	607.50(3) Maintaining certified status. To maintain a medical certification status of “certified,” a person who self-certifies to non-excepted interstate driving must give the department a copy of each subsequently issued medical examiner’s certificate valid for the person unless the person’s medical examiner’s certificate is provided to the department electronically by the Federal Motor Carrier Safety Administration.
	607.50(4) CDL downgrade. If the medical examiner’s certificate or medical variance for a person self-certifying to non-excepted interstate driving expires or if the Federal Motor Carrier Safety Administration notifies the department that the person’s medical variance was removed or rescinded, the department shall post a medical certification status of “not certified” to the person’s CDLIS driver’s record and shall initiate a downgrade of the person’s commercial driver’s license or commercial learner’s permit. The medical examiner’s certificate of a person who fails to maintain a medical certification status of “certified” as required by subrule 607.50(3) shall be deemed to be expired on the date of expiration of the last medical examiner’s certificate filed for the person as shown by the person’s CDLIS driver’s record. The downgrade will be initiated and completed as follows:
	a. 	The department shall give the person written notice that the person’s medical certification status is “not certified” and that the commercial motor vehicle privileges will be removed from the person’s commercial driver’s license or commercial learner’s permit 60 days after the date the medical examiner’s certificate or medical variance expired or the medical variance was removed or rescinded unless the department receives a current medical certificate or medical variance or the person self-certifies to a type of driving other than non-excepted interstate.
	b. 	If the department receives a current medical examiner’s certificate or medical variance before the end of the 60-day period, the department shall post a medical certification status of “certified” on the person’s CDLIS driver’s record and shall terminate the downgrade of the person’s commercial driver’s license or commercial learner’s permit.
	c. 	If the person self-certifies to a type of driving other than non-excepted interstate before the end of the 60-day period, the department shall not remove the commercial motor vehicle privileges from the person’s commercial driver’s license or commercial learner’s permit, and the person will have no medical certification status on the person’s CDLIS driver’s record.
	d. 	If the requirements in either paragraph 607.50(4)“b” or “c” are not met before the end of the 60-day period, the department shall remove the commercial motor vehicle privileges from the person’s commercial driver’s license or commercial learner’s permit and shall leave the person’s medical certification status as “not certified” on the person’s CDLIS driver’s record.
	607.50(5) Establishment or reestablishment of “certified” status. A person who has no medical certification status or whose medical certification status has been posted as “not certified” on the person’s CDLIS driver’s record may have the person’s status established or reestablished as “certified” if the department receives a current medical examiner’s certificate or medical variance. A person who has failed to self-certify to a type of driving or has self-certified to a type of driving other than non-excepted interstate must also make a self-certification of type of driving to non-excepted interstate driving. The department shall then post a medical certification status of “certified” on the person’s CDLIS driver’s record.
	607.50(6) Reestablishment of the CDL privilege. A person whose commercial motor vehicle privileges have been removed from the person’s commercial driver’s license or commercial learner’s permit under the provisions of paragraph 607.50(4)“d” may have the person’s commercial motor vehicle privileges reestablished if either of the following occurs:
	a. 	The department receives the person’s current medical examiner’s certificate or medical variance. A person who has failed to self-certify to a type of driving must also make an initial self-certification of type of driving to non-excepted interstate driving. The department shall then post a medical certification status of “certified” on the person’s CDLIS driver’s record and reestablish the commercial motor vehicle privileges, provided that the person otherwise remains eligible for a commercial driver’s license or commercial learner’s permit.
	b. 	The person self-certifies to a type of driving other than non-excepted interstate. The department shall then reestablish the commercial motor vehicle privileges, provided that the person otherwise remains eligible for a commercial driver’s license or commercial learner’s permit; the person will have no medical certification status on the driver’s CDLIS driver’s record.
	607.50(7) Change of type of driving. A person may change the person’s self-certification of type of driving at any time. As required by subrule 607.50(2), the department must receive a copy of the person’s current medical examiner’s certificate prepared by a medical examiner for a person certifying to non-excepted interstate driving.
	607.50(8) Record keeping. The department shall comply with the medical record-keeping requirements set forth in 49 CFR Section 383.73.
	607.50(9) Medical examiner’s certificate conflict. As required by 49 CFR Sections 383.71 and 383.73, in the event of a conflict between the medical certification information provided electronically by the Federal Motor Carrier Safety Administration and a paper copy of the medical examiner’s certificate, the medical certification information provided electronically by the Federal Motor Carrier Safety Administration shall supersede.
This rule is intended to implement Iowa Code sections 321.182, 321.188 and 321.207.
[ARC 9954B, IAB 1/11/12, effective 1/30/12; ARC 0031C, IAB 3/7/12, effective 4/11/12; ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16; ARC 4986C, IAB 3/11/20, effective 4/15/20; ARC 5547C, IAB 4/7/21, effective 5/12/21]
761—607.51(321) Determination of gross vehicle weight rating.
	607.51(1) Actual weight prohibited. In determining whether the vehicle is a representative vehicle for the skills test and the group of commercial driver’s license for which the applicant is applying, the vehicle’s gross weight rating or gross combination weight rating must be used, not the vehicle’s actual gross weight or gross combination weight. For purposes of this rule, “gross weight rating” and “gross combination weight rating” mean as defined in 49 CFR Section 383.5.
	607.51(2) Vehicle without legible manufacturer’s certification label. To complete a skills test using a vehicle that has no legible manufacturer’s certification label, whether a power unit or towed vehicle, the applicant must provide documentation of the vehicle’s gross vehicle weight rating, such as a manufacturer’s certificate of origin, a title, or the vehicle identification number information for the vehicle. In the absence of such documentation, the vehicle may not be used, either alone or in combination.
This rule is intended to implement Iowa Code section 321.1.
[ARC 2071C, IAB 8/5/15, effective 7/14/15; ARC 2337C, IAB 1/6/16, effective 2/10/16; ARC 2530C, IAB 5/11/16, effective 6/15/16]
[Filed emergency 10/24/90—published 11/14/90, effective 10/24/90]
[Filed emergency 1/10/91—published 2/6/91, effective 1/10/91]
[Filed 5/9/91, Notices 11/14/90, 2/20/91—published 5/29/91, effective 7/3/91]
[Filed 5/27/93, Notice 3/17/93—published 6/23/93, effective 7/28/93]
[Filed 1/11/95, Notice 11/23/94—published 2/1/95, effective 3/8/95]
[Filed 11/1/95, Notice 9/27/95—published 11/22/95, effective 12/27/95]
[Filed 10/30/96, Notice 9/25/96—published 11/20/96, effective 12/25/96]
[Filed 6/19/02, Notice 4/17/02—published 7/10/02, effective 8/14/02]
[Filed emergency 3/21/03—published 4/16/03, effective 3/21/03]
[Filed emergency 6/15/05 after Notice 5/11/05—published 7/6/05, effective 7/1/05]
[Filed 10/11/06, Notice 8/30/06—published 11/8/06, effective 12/13/06]
[Filed 12/12/07, Notice 11/7/07—published 1/2/08, effective 2/6/08]
[Filed ARC 7902B (Notice ARC 7721B, IAB 4/22/09), IAB 7/1/09, effective 8/5/09]
[Filed Emergency ARC 9954B, IAB 1/11/12, effective 1/30/12]
[Filed ARC 0031C (Notice ARC 9955B, IAB 1/11/12), IAB 3/7/12, effective 4/11/12]
[Filed ARC 1714C (Notice ARC 1601C, IAB 9/3/14), IAB 11/12/14, effective 12/17/14]
[Filed Emergency ARC 2071C, IAB 8/5/15, effective 7/14/15]
[Filed ARC 2337C (Notice ARC 2070C, IAB 8/5/15), IAB 1/6/16, effective 2/10/16]
[Filed ARC 2530C (Notice ARC 2451C, IAB 3/16/16), IAB 5/11/16, effective 6/15/16]
[Filed ARC 2986C (Notice ARC 2878C, IAB 1/4/17), IAB 3/15/17, effective 4/19/17]
[Filed ARC 3689C (Notice ARC 3532C, IAB 1/3/18), IAB 3/14/18, effective 4/18/18]
[Filed ARC 3840C (Notice ARC 3700C, IAB 3/28/18), IAB 6/6/18, effective 7/11/18]
[Filed ARC 4401C (Notice ARC 4256C, IAB 1/30/19), IAB 4/10/19, effective 5/15/19]
[Filed ARC 4586C (Notice ARC 4476C, IAB 6/5/19), IAB 7/31/19, effective 9/4/19]
[Filed ARC 4986C (Notice ARC 4836C, IAB 1/1/20), IAB 3/11/20, effective 4/15/20]
[Filed ARC 5018C (Notice ARC 4895C, IAB 2/12/20), IAB 4/8/20, effective 5/13/20]
[Filed ARC 5495C (Notice ARC 5384C, IAB 1/13/21), IAB 3/10/21, effective 4/14/21]
[Filed ARC 5547C (Notice ARC 5411C, IAB 2/10/21), IAB 4/7/21, effective 5/12/21]
[Filed ARC 5942C (Notice ARC 5804C, IAB 7/28/21), IAB 10/6/21, effective 11/10/21]
[Filed ARC 6168C (Notice ARC 6065C, IAB 12/1/21), IAB 2/9/22, effective 3/16/22]