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 examination station. Assistance is also available by mail from the Office of Driver Services, 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 (800)532-1121 or (515)244-8725; or by facsimile at (515)237-3071.
	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 examination station.
This rule is intended to implement Iowa Code section 17A.3.
761—607.3(321) Definitions. The definitions in Iowa Code section 321.1 as amended by 2015 Iowa Acts, House File 635, section 44, 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.
“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.
“CDLIS” means “commercial driver’s license information system” as defined in Iowa Code section 321.1 as amended by 2015 Iowa Acts, House File 635, section 44.
“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. “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 as amended by 2015 Iowa Acts, House File 635, section 44, 321.174, 321.188 as amended by 2015 Iowa Acts, House File 635, section 53, 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]
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 as amended by 2015 Iowa Acts, House File 635, section 46, and 321.199.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
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. 	The following portions of 49 CFR Part 383 (October 1, 2014):
	(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 http://www.fmcsa.dot.gov.
This rule is intended to implement Iowa Code sections 321.187, 321.188 as amended by 2015 Iowa Acts, House File 635, section 53, 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]
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” as amended by 2015 Iowa Acts, House File 635, section 50, 321.182 and 321.188 as amended by 2015 Iowa Acts, House File 635, section 53, 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 as amended by 2015 Iowa Acts, House File 635, section 50, 321.182 and 321.188 as amended by 2015 Iowa Acts, House File 635, section 53.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
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 paragraph 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.
	b. 	A Class B commercial driver’s license allows a person to operate a commercial motor vehicle as specified in Iowa Code paragraph 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.
	c. 	A Class C commercial driver’s license allows a person to operate a commercial motor vehicle as specified in Iowa Code paragraph 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 truck-tractor semitrailer combination as a chauffeur (Class D) or 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 72 years of age. However, the expiration date of the license issued shall not exceed the licensee’s 74th birthday.
	f. 	A commercial driver’s license valid for two years shall be issued to a qualified applicant 72 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 18 years.
	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.
This rule is intended to implement Iowa Code sections 321.177, 321.182, 321.188, 321.189, and 321.196 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]
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. Upon license renewal, retesting and fee payment are required. Retesting and fee payment are also required when an applicant upgrades an Iowa license or transfers a commercial driver’s license from another state unless the applicant provides evidence of passing the endorsement test 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).
	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 as amended by 2015 Iowa Acts, House File 635, section 44. 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. After September 30, 2005, 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.
	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 as amended by 2015 Iowa Acts, House File 635, section 44, 321.176A, and 321.189.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
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 605.5(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 as amended by 2015 Iowa Acts, House File 635, section 55.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
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” as amended by 2015 Iowa Acts, House File 635, section 50.
	b. 	A commercial learner’s permit is valid for 180 days and may be renewed for an additional 180 days without retaking the general and endorsement knowledge tests required by Iowa Code section 321.188 as amended by 2015 Iowa Acts, House File 635, section 53.
	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. 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 other than 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 as amended by 2015 Iowa Acts, House File 635, section 53. 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” as amended by 2015 Iowa Acts, House File 635, section 50.
	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” as amended by 2015 Iowa Acts, House File 635, section 50.
	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” as amended by 2015 Iowa Acts, House File 635, section 50.
	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 as amended by 2015 Iowa Acts, House File 635, section 50, 321.186, and 321.188 as amended by 2015 Iowa Acts, House File 635, section 53.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
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]
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 examination station.
	607.27(4) Waiver. A waiver of any knowledge test is permitted only as provided in Iowa Code subsection 321.188(5). The burden of proof of having passed the hazardous material endorsement test within the preceding 24 months rests with the applicant.
	607.27(5) 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 as amended by 2015 Iowa Acts, House File 635, section 53.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
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. If the commercial learner’s permit is renewed, all three segments of the skills test must be retaken. However:
	a. 	If the applicant wants to remove an air brake restriction, full air brake restriction, or manual transmission restriction, the applicant does not have to retake the complete skills test, and may complete a modified skills test that demonstrates the applicant can safely and effectively operate the vehicle’s full air brakes, air over hydraulic brakes, or manual transmission. In addition, to remove the air brake or full air brake restriction, the applicant must successfully perform the air brake pre-trip inspection and pass the air brake knowledge test.
	b. 	If the applicant wants to remove the tractor-trailer restriction, the applicant must retake all three skills tests in a representative tractor-trailer.
	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. Up to and including September 30, 2005, the skills test for a school bus endorsement is waived for an applicant meeting the requirements of 49 CFR Section 383.123(b).
	c. 	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.
	d. 	To remove a manual transmission restriction, the applicant must take 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) as amended by 2015 Iowa Acts, House File 635, section 53.
	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 examination station for the location of the nearest skills testing station. A skills test by appointment shall be offered only at specified regional test sites.
This rule is intended to implement Iowa Code section 321.186 and section 321.188 as amended by 2015 Iowa Acts, House File 635, section 53.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
761—607.29(321) Waiver of skills test. Rescinded IAB 6/23/93, effective 7/28/93.
761—607.30 Reserved.
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 180 days.
	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.
	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.
This rule is intended to implement Iowa Code sections 321.186 and 321.188 as amended by 2015 Iowa Acts, House File 635, section 53.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
761—607.32 to 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” as amended by 2015 Iowa Acts, House File 635, section 54.
This rule is intended to implement Iowa Code section 321.189 as amended by 2015 Iowa Acts, House File 635, section 54.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
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 examination station and complete the following:
	a. 	Make a written self-certification of type of driving as required by rule 761—607.50(321) and provide a current medical examiner’s certificate if required.
	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. 	Provide proof of citizenship or lawful permanent residency and state of domicile as required by rule 761—607.15(321) and 49 CFR 383.71(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 applicant is domiciled in a foreign jurisdiction and renewing a non-domiciled commercial driver’s license, the applicant 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 30 days before the expiration date. If this is impractical, the department for good cause may renew a license earlier, not to exceed one year prior to the expiration date. The department may allow renewal earlier than one year 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 as amended by 2015 Iowa Acts, House File 635, section 53, and 321.196.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
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(9), 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. Reserved.
This rule is intended to implement Iowa Code chapter 17A and section 321.208.
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 examination station. 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.
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 a commercial driver’s license or a commercial learner’s permit 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.
	(6)	Improper or erratic lane changes.
	(7)	Following too closely.
	(8)	Accident-connected traffic law violations.
	d. 	No record of at-fault accidents.
	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 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. 	There are two periods of validity for commercial motor vehicle operation: March 15 through June 30, and October 4 through December 14. These are referred to as “seasonal periods.” Validity shall not exceed 180 days in any 12-month period. Any period of validity authorized previously by another state’s license shall be considered a part of the 180-day maximum period of validity.
	g. 	A restricted commercial driver’s license must be validated for commercial motor vehicle operation for each seasonal period. This means that the applicant/licensee must appear at a driver’s license examination station during the current seasonal period or not more than 30 days before the beginning of the period to have the person’s good driving record confirmed. Upon confirmation, the department shall issue a replacement license with a restriction validating the license for that seasonal period, 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 seasonal period.
This rule is intended to implement Iowa Code section 321.176B.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
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 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, or
	(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.
	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) Enrollment of existing CDL holders. Every person who holds a commercial driver’s license on or after January 30, 2012, and up to January 30, 2014, and who has not otherwise made a self-certification of type of driving under subrule 607.50(1) shall make to the department a self-certification of type of driving. The self-certification may be made on or after January 30, 2012, but must be made no later than January 29, 2014.
	607.50(3) 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. A person who fails to provide a required medical examiner’s certificate shall not be allowed to proceed with an initial issuance, transfer, renewal, or upgrade of a license until the person gives the department a medical examiner’s certificate that complies with the requirements of this subrule, or changes the person’s self-certification of type of driving to a type other than non-excepted interstate driving. For persons submitting 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(4) 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. The copy must be given to the department at least ten days before the previous medical examiner’s certificate expires.
	607.50(5) 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(4) 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 person submits to the department a current medical certificate or medical variance or self-certifies to a type of driving other than non-excepted interstate.
	b. 	If the person submits 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 person fails to take the action in either paragraph 607.50(5)“b” or “c” 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(6) CDL downgrade of existing CDL holders who fail to enroll before January 30, 2014. Every person subject to subrule 607.50(2) who fails to make a self-certification of type of driving or fails to give the department a copy of the person’s medical examiner’s certificate as required by subrule 607.50(3) before January 30, 2014, shall be subject to a CDL downgrade. The department shall post a medical certification status of “not certified” to the CDLIS driver’s record and shall initiate a downgrade of the driver’s commercial driver’s license following the procedure set forth in subrule 607.50(5). In such cases, the 60-day period shall begin January 30, 2014, and the person shall be required to make an initial self-certification of type of driving to terminate the CDL downgrade and to avoid removal of the commercial driver’s license privilege. The person’s status and privilege under subrule 607.50(5) shall be determined according to the certification made or not made.
	607.50(7) 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 establish or reestablish the status as “certified” by submitting a current medical examiner’s certificate or medical variance to the department. 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(8) 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(5)“d” may reestablish the commercial motor vehicle privileges by either of the following methods:
	a. 	Submitting a current medical examiner’s certificate or medical variance to the department. 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. 	Self-certifying 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(9) 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(3), a person certifying to non-excepted interstate driving must give the department a copy of the person’s current medical examiner’s certificate prepared by a medical examiner.
	607.50(10) Record keeping. The department shall comply with the medical record-keeping requirements set forth in 49 CFR Section 383.73.
This rule is intended to implement Iowa Code sections 321.182, 321.188 as amended by 2015 Iowa Acts, House File 635, section 53, and 321.207 as amended by 2015 Iowa Acts, House File 635, section 60.
[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]
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 as amended by 2015 Iowa Acts, House File 635, section 44.
[ARC 2071C, IAB 8/5/15, effective 7/14/15]
[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]