Senate Amendment 5076
PAG LIN
1 1 Amend Senate File 2150 as follows:
1 2 #1. By striking page 1, line 3, through page 2, line
1 3 22, and inserting:
1 4 <2. Intermediate license.
1 5 a. The department may issue an intermediate
1 6 driver's license to a person sixteen or seventeen years
1 7 of age who possesses an instruction permit issued under
1 8 subsection 1 or a comparable instruction permit issued
1 9 by another state for a minimum of six twelve months
1 10 immediately preceding application, and who presents an
1 11 affidavit signed by a parent, guardian, or custodian
1 12 on a form to be provided by the department that the
1 13 permittee has accumulated a total of twenty hours of
1 14 street or highway driving of which two hours were
1 15 conducted after sunset and before sunrise and the
1 16 street or highway driving was with the permittee's
1 17 parent, guardian, custodian, instructor, a person
1 18 certified by the department, or a person at least
1 19 twenty=five years of age who had written permission
1 20 from a parent, guardian, or custodian to accompany
1 21 the permittee, and whose driving privileges have
1 22 not been suspended, revoked, or barred under this
1 23 chapter or chapter 321J during, and who has been
1 24 accident and violation free continuously for, the
1 25 six=month twelve=month period immediately preceding the
1 26 application for an intermediate license. An applicant
1 27 for an intermediate license must meet the requirements
1 28 of section 321.186, including satisfactory completion
1 29 of driver education as required in section 321.178
1 30 or 321.180C, and payment of the required license fee
1 31 before an intermediate license will be issued.
1 32 b. A Unless accompanied in accordance with
1 33 subsection 1, a person issued an intermediate license
1 34 must limit the number of unrelated minor passengers in
1 35 the motor vehicle when the intermediate licensee is
1 36 operating the motor vehicle to the number of passenger
1 37 safety belts one. For purposes of this subsection,
1 38 "unrelated minor passenger" means a passenger who is
1 39 under twenty=one years of age and who is not a sibling
1 40 of the driver, a stepsibling of the driver, or a child
1 41 who resides in the same household as the driver.
1 42 c. Except as otherwise provided, a person issued
1 43 an intermediate license under this subsection who
1 44 is operating a motor vehicle between the hours of
1 45 twelve=thirty a.m. eleven p.m. and five a.m. must be
1 46 accompanied by a person issued a driver's license
1 47 valid for the vehicle operated who is the parent,
1 48 guardian, or custodian of the permittee intermediate
1 49 licensee, a member of the permittee's intermediate
1 50 licensee's immediate family if the family member
2 1 is at least twenty=one years of age, an approved
2 2 driver education instructor, a prospective driver
2 3 education instructor who is enrolled in a practitioner
2 4 preparation program with a safety education program
2 5 approved by the state board of education, or a person
2 6 at least twenty=five years of age if written permission
2 7 is granted by the parent, guardian, or custodian, and
2 8 who is actually occupying a seat beside the driver.
2 9 However, a licensee may operate a vehicle to and
2 10 from school=related extracurricular activities and
2 11 work without an accompanying driver between the hours
2 12 of twelve=thirty a.m. eleven p.m. and five a.m. if
2 13 such the licensee possesses a waiver on a form to be
2 14 provided by the department. An accompanying driver
2 15 is not required between the hours of five a.m. and
2 16 twelve=thirty a.m. eleven p.m.>
2 17 #2. Page 3, after line 9 by inserting:
2 18 <Sec. ___. NEW SECTION. 321.180C Intermediate
2 19 driver's license == special procedure.
2 20 1. Teaching parent. As an alternative to the
2 21 driver education requirements under section 321.178,
2 22 a teaching parent may instruct a student in a driver
2 23 education course that meets the requirements of this
2 24 section and provide evidence that the requirements
2 25 under this section have been met.
2 26 2. Definitions. For purposes of this section:
2 27 a. "Approved course" means driver education
2 28 curriculum approved by the department pursuant to rules
2 29 adopted under chapter 17A. An approved course shall,
2 30 at a minimum, meet the requirements of subsection 3
2 31 and be appropriate for teaching=parent=directed driver
2 32 education and related street or highway instruction.
2 33 Driver education materials that meet or exceed
2 34 standards established by the department for an approved
2 35 course in driver education for a public or private
2 36 school shall be approved unless otherwise determined by
2 37 the department. The list of approved courses shall be
2 38 posted on the department's internet site.
2 39 b. "Student" means a person between the ages of
2 40 fourteen and twenty=one years who is within the custody
2 41 and control of the teaching parent and who satisfies
2 42 preliminary licensing requirements of the department.
2 43 c. "Teaching parent" means a parent, guardian,
2 44 or legal custodian of a student who is currently
2 45 providing competent private instruction to the student
2 46 pursuant to section 299A.2 or 299A.3 and who provided
2 47 such instruction to the student during the previous
2 48 year; who has a valid driver's license, other than a
2 49 motorized bicycle license or a temporary restricted
2 50 license, that permits unaccompanied driving; and who
3 1 has maintained a clear driving record for the previous
3 2 two years. For purposes of this paragraph, "clear
3 3 driving record" means the individual has not been
3 4 identified as a candidate for suspension of a driver's
3 5 license under the habitual offender provisions of the
3 6 department's regulations; is not subject to a driver's
3 7 license suspension, revocation, denial, cancellation,
3 8 disqualification, or bar; and has no record of a
3 9 conviction for a moving traffic violation determined to
3 10 be the cause of a motor vehicle accident.
3 11 3. Course of instruction.
3 12 a. An approved course administered by a teaching
3 13 parent shall consist of but not be limited to the
3 14 following:
3 15 (1) Thirty clock hours of classroom instruction.
3 16 (2) Forty hours of street or highway driving
3 17 including four hours of driving after sunset and before
3 18 sunrise while accompanied by the teaching parent.
3 19 (3) Four hours of classroom instruction concerning
3 20 substance abuse.
3 21 (4) A minimum of twenty minutes of instruction
3 22 concerning railroad crossing safety.
3 23 (5) Instruction relating to becoming an organ
3 24 donor under the revised uniform anatomical gift Act as
3 25 provided in chapter 142C.
3 26 (6) Instruction providing an awareness about
3 27 sharing the road with bicycles and motorcycles.
3 28 b. The content of the course of instruction
3 29 required under this subsection shall be equivalent
3 30 to that required under section 321.178. However,
3 31 reference and study materials, physical classroom
3 32 requirements, and extra vehicle safety equipment
3 33 required for instruction under section 321.178 shall
3 34 not be required for the course of instruction provided
3 35 under this section.
3 36 4. Course completion and certification. Upon
3 37 application by a student for an intermediate license,
3 38 the teaching parent shall provide evidence showing
3 39 the student's completion of an approved course and
3 40 substantial compliance with the requirements of
3 41 subsection 3 by affidavit signed by the teaching
3 42 parent on a form to be provided by the department. The
3 43 evidence shall include all of the following:
3 44 a. Documentation that the instructor is a teaching
3 45 parent as defined in subsection 2.
3 46 b. Documentation that the student is receiving
3 47 competent private instruction under section 299A.2
3 48 or the name of the school district within which the
3 49 student is receiving instruction under section 299A.3.
3 50 c. The name of the approved course completed by the
4 1 student.
4 2 d. An affidavit attesting to satisfactory
4 3 completion of course work and street or highway driving
4 4 instruction.
4 5 e. Copies of written tests completed by the
4 6 student.
4 7 f. A statement of the number of classroom hours of
4 8 instruction.
4 9 g. A log of completed street or highway driving
4 10 instruction including the dates when the lessons were
4 11 conducted, the student's and the teaching parent's name
4 12 and initials noted next to each entry, notes on driving
4 13 activities including a list of driving deficiencies and
4 14 improvements, and the duration of the driving time for
4 15 each session.
4 16 5. Intermediate license. Any student who
4 17 successfully completes an approved course as
4 18 provided in this section, passes a driving test to
4 19 be administered by the department, and is otherwise
4 20 qualified under section 321.180B, subsection 2, shall
4 21 be eligible for an intermediate license pursuant
4 22 to section 321.180B. Twenty of the forty hours of
4 23 street or highway driving instruction required under
4 24 subsection 3, paragraph "a", subparagraph (2), may
4 25 be utilized to satisfy the requirement of section
4 26 321.180B, subsection 2.
4 27 6. Full license. A student must comply with
4 28 section 321.180B, subsection 4, to be eligible for a
4 29 full driver's license pursuant to section 321.180B.>
4 30 #3. By renumbering as necessary.
MERLIN BARTZ
SF2150.1148 (1) 83
dea/nh
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