House File 2281 - Introduced HOUSE FILE BY HUNTER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to graduated driver licensing provisions and 2 requiring the use of safety belts, safety harnesses, or child 3 restraint systems by all passengers in a vehicle operated by a 4 person with an intermediate driver's license and making a 5 penalty applicable. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5947HH 82 8 dea/nh/14 PAG LIN 1 1 Section 1. Section 321.180B, subsection 2, Code 2007, is 1 2 amended to read as follows: 1 3 2. INTERMEDIATE LICENSE. 1 4 a. The department may issue an intermediate driver's 1 5 license to a person sixteen or seventeen years of age who 1 6 possesses an instruction permit issued under subsection 1 or a 1 7 comparable instruction permit issued by another state for a 1 8 minimum of six months immediately preceding application, and 1 9 who presents an affidavit signed by a parent or guardian on a 1 10 form to be provided by the department that the permittee has 1 11 accumulated a total oftwentythirty hours of street or 1 12 highway driving of whichtwofour hours were conducted after 1 13 sunset and before sunrise and the street or highway driving 1 14 was with the permittee's parent, guardian, instructor, a 1 15 person certified by the department, or a person at least 1 16 twenty=five years of age who had written permission from a 1 17 parent or guardian to accompany the permittee, and whose 1 18 driving privileges have not been suspended, revoked, or barred 1 19 under this chapter or chapter 321J during, and who has been 1 20 accident and violation free continuously for, the six=month 1 21 period immediately preceding the application for an 1 22 intermediate license. An applicant for an intermediate 1 23 license must meet the requirements of section 321.186, 1 24 including satisfactory completion of driver education as 1 25 required in section 321.178, and payment of the required 1 26 license fee before an intermediate license will be issued. 1 27 b. A person issued an intermediate licensemustshall 1 28 limit the number of passengers in the motor vehicle when the 1 29 intermediate licensee is operating the motor vehicle to the 1 30 number of passenger safety belts and to no more than one 1 31 passenger under twenty=one years of age other than the 1 32 licensee's immediate family members. Notwithstanding any 1 33 provision of law to the contrary, the provisions of sections 1 34 321.445 and 321.446 apply to all occupants of a vehicle 1 35 operated by a person with an intermediate license, regardless 2 1 of seating position. 2 2 c. Except as otherwise provided, a person issued an 2 3 intermediate license under this subsection who is operating a 2 4 motor vehicle between the hours of twelve=thirty a.m. and five 2 5 a.m. must be accompanied by a person issued a driver's license 2 6 valid for the vehicle operated who is the parent or guardian 2 7 of thepermitteelicensee, a member of thepermittee's2 8 licensee's immediate family if the family member is at least 2 9 twenty=one years of age, an approved driver education 2 10 instructor, a prospective driver education instructor who is 2 11 enrolled in a practitioner preparation program with a safety 2 12 education program approved by the state board of education, or 2 13 a person at least twenty=five years of age if written 2 14 permission is granted by the parent or guardian, and who is 2 15 actually occupying a seat beside the driver. However, a 2 16 licensee may operate a vehicle to and from school=related 2 17 extracurricular activities and work without an accompanying 2 18 driver between the hours of twelve=thirty a.m. and five a.m. 2 19 ifsuchthe licensee possesses a waiver on a form to be 2 20 provided by the department. An accompanying driver is not 2 21 required between the hours of five a.m. and twelve=thirty a.m. 2 22 Sec. 2. Section 321.180B, subsection 4, Code 2007, is 2 23 amended to read as follows: 2 24 4. FULL DRIVER'S LICENSE. A full driver's license may be 2 25 issued to a person seventeen years of age who possesses an 2 26 intermediate license issued under subsection 2 or a comparable 2 27 intermediate license issued by another state for a minimum of 2 28 twelve months immediately preceding application, and who 2 29 presents an affidavit signed by a parent or guardian on a form 2 30 to be provided by the department that the intermediate 2 31 licensee has accumulated a total oftentwenty hours of street 2 32 or highway driving of whichtwofour hours were conducted 2 33 after sunset and before sunrise and the street or highway 2 34 driving was with the licensee's parent, guardian, instructor, 2 35 a person certified by the department, or a person at least 3 1 twenty=five years of age who had written permission from a 3 2 parent or guardian to accompany the licensee, whose driving 3 3 privileges have not been suspended, revoked, or barred under 3 4 this chapter or chapter 321J during, and who has been accident 3 5 and violation free continuously for, the twelve=month period 3 6 immediately preceding the application for a full driver's 3 7 license, and who has paid the required fee. 3 8 EXPLANATION 3 9 This bill increases the amount of supervised driving 3 10 experience that a permittee between 14 and 18 years of age 3 11 must accumulate to qualify for an intermediate license from 20 3 12 hours, including two hours of nighttime driving, to 30 hours, 3 13 including four nighttime driving hours. The bill also 3 14 increases the amount of supervised driving experience that a 3 15 17=year=old intermediate licensee must accumulate to qualify 3 16 for a full driver's license from 10 hours, including two hours 3 17 of nighttime driving, to 20 hours, including four hours of 3 18 nighttime driving. 3 19 The bill allows no more than one passenger under 21 years 3 20 of age, other than the licensee's immediate family members, in 3 21 a vehicle being operated by an intermediate licensee. In 3 22 addition, the bill requires that all passengers use 3 23 appropriate safety restraints regardless of seating position 3 24 when riding in a vehicle operated by an intermediate licensee. 3 25 A violation of the seat belt or child restraint law is a 3 26 simple misdemeanor punishable by a scheduled fine of $25. 3 27 LSB 5947HH 82 3 28 dea/nh/14