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 of twenty thirty hours of street or
  1 12 highway driving of which two four 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 license must shall
  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 the permittee licensee, a member of the permittee's
  2  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 if such the 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 of ten twenty hours of street
  2 32 or highway driving of which two four 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