Senate File 2337 - Enrolled Senate File 2337 AN ACT RELATING TO THIRD-PARTY TESTERS AND TEST EXAMINERS FOR COMMERCIAL DRIVER’S LICENSE KNOWLEDGE AND DRIVING SKILLS TESTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. Section 321.187, subsections 2 and 3, Code 2022, are amended to read as follows: 2. The department may by rule designate community colleges established under chapter 260C and other third-party testers to administer the knowledge and driving skills test tests required for a commercial learner’s permit or commercial driver’s license, provided that all of the following occur: a. The driving skills test is the same as that which would otherwise be administered by the state. The fees for administering a commercial driver’s license driving skills test as provided in sections 321.187A and 321M.6A shall not apply to a driving skills test administered by a third-party tester under this section .

Senate File 2337, p. 2 b. The third-party tester contractually agrees to comply with the requirements of 49 C.F.R. §383.75 pts. 383 and 384 applicable to third-party knowledge and driving skills testing, as adopted by rule by the department. c. Any third-party skills test examiner used by the third-party tester shall meet the requirements of 49 C.F.R. §383.75 and 49 C.F.R. §384.228 pts. 383 and 384 applicable to third-party knowledge and driving skills testing , as adopted by rule by the department. The department shall adopt rules requiring that a third-party tester, other than a community college established under chapter 260C , either be an Iowa-based motor carrier, or its subsidiary, that has its principal office within this state and operates a permanent commercial driver training facility in this state, or be an Iowa nonprofit corporation that serves as a trade association for Iowa-based motor carriers regarding who may qualify as a third-party tester . The rules may also provide that a third-party tester conduct a number of skills test examinations above the number required under 49 C.F.R. §383.75 in order to remain qualified as a third-party tester under this section . A third-party tester, other than a community college established under chapter 260C, must be one of the following: (1) An Iowa-based motor carrier, or its subsidiary, that has its principal office within this state and operates a permanent commercial driver training facility in this state. (2) An Iowa nonprofit corporation that serves as a trade association for Iowa-based motor carriers. (3) A public transit system or regional transit system, as those terms are defined in section 324A.1, in this state. 3. As used in this section , “third-party tester” and “third-party skills test examiner” mean as defined in 49 C.F.R. §383.5 . : a. “Third-party test examiner” means a person employed by a third-party tester who is authorized by the department to administer the knowledge and driving skills tests under this section. b. “Third-party tester” means a person designated by the department to employ knowledge and driving skills test

Senate File 2337, p. 3 examiners to administer knowledge and driving skills tests under this section. ______________________________ JAKE CHAPMAN President of the Senate ______________________________ PAT GRASSLEY Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2337, Eighty-ninth General Assembly. ______________________________ W. CHARLES SMITHSON Secretary of the Senate Approved _______________, 2022 ______________________________ KIM REYNOLDS Governor