Senate Amendment 5205
PAG LIN
1 1 Amend House File 2466, as passed by the House, as
1 2 follows:
1 3 #1. Page 3, after line 21 by inserting:
1 4 <Sec. ___. NEW SECTION. 321.179 Driver education ==
1 5 teaching parent.
1 6 1. Teaching parent. As an alternative to the
1 7 driver education requirements under section 321.178,
1 8 a teaching parent may instruct a student in a driver
1 9 education course that meets the requirements of this
1 10 section and provide evidence that the requirements
1 11 under this section have been met.
1 12 2. Definitions. For purposes of this section:
1 13 a. "Approved course" means driver education
1 14 curriculum approved by the department pursuant to rules
1 15 adopted under chapter 17A. An approved course shall,
1 16 at a minimum, meet the requirements of subsection 3
1 17 and be appropriate for teaching=parent=directed driver
1 18 education and related street or highway instruction.
1 19 Driver education materials that meet or exceed
1 20 standards established by the department for an approved
1 21 course in driver education for a public or private
1 22 school shall be approved unless otherwise determined by
1 23 the department. The list of approved courses shall be
1 24 posted on the department's internet website.
1 25 b. "Student" means a person between the ages of
1 26 fourteen and twenty=one years who is within the custody
1 27 and control of the teaching parent and who satisfies
1 28 preliminary licensing requirements of the department.
1 29 c. "Teaching parent" means a parent, guardian,
1 30 or legal custodian of a student who is currently
1 31 providing competent private instruction to the student
1 32 pursuant to section 299A.2 or 299A.3 and who provided
1 33 such instruction to the student during the previous
1 34 year; who has a valid driver's license, other than a
1 35 motorized bicycle license or a temporary restricted
1 36 license, that permits unaccompanied driving; and who
1 37 has maintained a clear driving record for the previous
1 38 two years. For purposes of this paragraph, "clear
1 39 driving record" means the individual has not been
1 40 identified as a candidate for suspension of a driver's
1 41 license under the habitual offender provisions of the
1 42 department's regulations; is not subject to a driver's
1 43 license suspension, revocation, denial, cancellation,
1 44 disqualification, or bar; and has no record of a
1 45 conviction for a moving traffic violation determined to
1 46 be the cause of a motor vehicle accident.
1 47 3. Course of instruction.
1 48 a. An approved course administered by a teaching
1 49 parent shall consist of, but not be limited to, the
1 50 following:
2 1 (1) Thirty clock hours of classroom instruction.
2 2 (2) Forty hours of street or highway driving
2 3 including four hours of driving after sunset and before
2 4 sunrise while accompanied by the teaching parent.
2 5 (3) Four hours of classroom instruction concerning
2 6 substance abuse.
2 7 (4) A minimum of twenty minutes of instruction
2 8 concerning railroad crossing safety.
2 9 (5) Instruction relating to becoming an organ
2 10 donor under the revised uniform anatomical gift Act as
2 11 provided in chapter 142C.
2 12 (6) Instruction providing an awareness about
2 13 sharing the road with bicycles and motorcycles.
2 14 b. The content of the course of instruction
2 15 required under this subsection shall be equivalent
2 16 to that required under section 321.178. However,
2 17 reference and study materials, physical classroom
2 18 requirements, and extra vehicle safety equipment
2 19 required for instruction under section 321.178 shall
2 20 not be required for the course of instruction provided
2 21 under this section.
2 22 4. Course completion and certification. Upon
2 23 application by a student for an intermediate license,
2 24 the teaching parent shall provide evidence showing
2 25 the student's completion of an approved course and
2 26 substantial compliance with the requirements of
2 27 subsection 3 by affidavit signed by the teaching
2 28 parent on a form to be provided by the department. The
2 29 evidence shall include all of the following:
2 30 a. Documentation that the instructor is a teaching
2 31 parent as defined in subsection 2.
2 32 b. Documentation that the student is receiving
2 33 competent private instruction under section 299A.2
2 34 or the name of the school district within which the
2 35 student is receiving instruction under section 299A.3.
2 36 c. The name of the approved course completed by the
2 37 student.
2 38 d. An affidavit attesting to satisfactory
2 39 completion of course work and street or highway driving
2 40 instruction.
2 41 e. Copies of written tests completed by the
2 42 student.
2 43 f. A statement of the number of classroom hours of
2 44 instruction.
2 45 g. A log of completed street or highway driving
2 46 instruction including the dates when the lessons were
2 47 conducted, the student's and the teaching parent's name
2 48 and initials noted next to each entry, notes on driving
2 49 activities including a list of driving deficiencies and
2 50 improvements, and the duration of the driving time for
3 1 each session.
3 2 5. Intermediate license. Any student who
3 3 successfully completes an approved course as
3 4 provided in this section, passes a driving test to
3 5 be administered by the department, and is otherwise
3 6 qualified under section 321.180B, subsection 2, shall
3 7 be eligible for an intermediate license pursuant
3 8 to section 321.180B. Twenty of the forty hours of
3 9 street or highway driving instruction required under
3 10 subsection 3, paragraph "a", subparagraph (2), may
3 11 be utilized to satisfy the requirement of section
3 12 321.180B, subsection 2.
3 13 6. Full license. A student must comply with
3 14 section 321.180B, subsection 4, to be eligible for a
3 15 full driver's license pursuant to section 321.180B.
3 16 Sec. ___. Section 321.180B, subsection 2, Code
3 17 2009, is amended to read as follows:
3 18 2. Intermediate license.
3 19 a. The department may issue an intermediate
3 20 driver's license to a person sixteen or seventeen years
3 21 of age who possesses an instruction permit issued
3 22 under subsection 1 or a comparable instruction permit
3 23 issued by another state for a minimum of six months
3 24 immediately preceding application, and who presents
3 25 an affidavit signed by a parent or guardian on a form
3 26 to be provided by the department that the permittee
3 27 has accumulated a total of twenty hours of street or
3 28 highway driving of which two hours were conducted after
3 29 sunset and before sunrise and the street or highway
3 30 driving was with the permittee's parent, guardian,
3 31 instructor, a person certified by the department,
3 32 or a person at least twenty=five years of age who
3 33 had written permission from a parent or guardian to
3 34 accompany the permittee, and whose driving privileges
3 35 have not been suspended, revoked, or barred under
3 36 this chapter or chapter 321J during, and who has been
3 37 accident and violation free continuously for, the
3 38 six=month period immediately preceding the application
3 39 for an intermediate license. An applicant for an
3 40 intermediate license must meet the requirements of
3 41 section 321.186, including satisfactory completion of
3 42 driver education as required in section 321.178 or
3 43 321.179, and payment of the required license fee before
3 44 an intermediate license will be issued.
3 45 b. A person issued an intermediate license must
3 46 limit the number of passengers in the motor vehicle
3 47 when the intermediate licensee is operating the motor
3 48 vehicle to the number of passenger safety belts.
3 49 c. Except as otherwise provided, a person issued
3 50 an intermediate license under this subsection who
4 1 is operating a motor vehicle between the hours of
4 2 twelve=thirty a.m. and five a.m. must be accompanied
4 3 by a person issued a driver's license valid for the
4 4 vehicle operated who is the parent or guardian of
4 5 the permittee, a member of the permittee's immediate
4 6 family if the family member is at least twenty=one
4 7 years of age, an approved driver education instructor,
4 8 a prospective driver education instructor who is
4 9 enrolled in a practitioner preparation program with a
4 10 safety education program approved by the state board of
4 11 education, or a person at least twenty=five years of
4 12 age if written permission is granted by the parent or
4 13 guardian, and who is actually occupying a seat beside
4 14 the driver. However, a licensee may operate a vehicle
4 15 to and from school=related extracurricular activities
4 16 and work without an accompanying driver between the
4 17 hours of twelve=thirty a.m. and five a.m. if such
4 18 licensee possesses a waiver on a form to be provided by
4 19 the department. An accompanying driver is not required
4 20 between the hours of five a.m. and twelve=thirty a.m.>
4 21 #2. Page 3, line 23, by striking <This Act> and
4 22 inserting <The section of this Act amending section
4 23 321.178,>
4 24 #3. Title page line 1, after <relating to> by
4 25 inserting <driver's education, including teaching
4 26 parents and>
4 27 #4. By renumbering as necessary.
JAMES F. HAHN
HF2466.1986 (5) 83
kh/nh
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