SF 2337 (LSB 6220SV (3) 89)

 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.

   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 

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